The decision to extend and adapt the legal framework follows the adoption of the temporary rules by the Bureau on March 7, 2022 and March 16, 2022, which provided urgent legal certainty and clarity on a number of important regulatory matters, and the subsequent decision taken by the Bureau on June 20, 2022 to extend these temporary rules. These rules were fully validated by the Court of Arbitration for Sport in the recent proceedings CAS 2022/A/9016 FC Shakhtar Donetsk v. FIFA.
In order to continue assisting players, coaches and clubs impacted by the war in Ukraine, while at the same time striking a reasonable balance between all interests at stake and avoiding abuse, Annexe 7 to the RSTP has been adapted as follows:
- In order to protect foreign players and coaches who have left the territory of Ukraine or Russia due to the conflict and who do not wish to currently return in view of the circumstances, those players and coaches will have the right to unilaterally suspend their employment contracts with clubs affiliated to the Ukrainian Association of Football (UAF) or the Football Union of Russia (FUR) until June 30, 2024, provided that the clubs are duly informed of the suspension in writing by July 1, 2023.
- Foreign players and coaches who have, despite the war in Ukraine, decided to arrive in, return to, or not leave the territory of Ukraine or Russia, cannot rely on the revised Annexe 7 to the RSTP to suspend an ongoing contract. Therefore, Annexe 7 to the RSTP will not be applicable as from now on to:
– foreign players who are currently still registered with a club affiliated to the UAF or FUR;
– foreign coaches who are currently still rendering their services to a club affiliated to the UAF or FUR; and
– employment contracts of foreign players or coaches that were concluded or extended with clubs affiliated to the UAF or FUR after 7 March 2022.
- The provisions on training compensation have been further clarified and, given the circumstances, training compensation will not be payable by the new club for a player being registered for the first time as a professional if:
– the player is registered with a club not affiliated to the UAF or FUR, after having left the territory of Ukraine or Russia subsequently to 7 March 2022 and was allowed to be registered with a new club under the exception provided in article 19 paragraph 2 a) or d) of the RSTP; or
– if the player left the territory of Ukraine or Russia subsequently to 7 March 2022 and now wishes to be registered for the first time as a professional with a club affiliated to the UAF or FUR.
- In order to prevent abuse and the undesirable consequences of a unilateral suspension, players whose contracts have been suspended on the basis of Annexe 7 would not be able, during the period of suspension:
– to be subject to a transfer (whether permanent or on loan) against payment; and
– to sign a new contract with another club affiliated to the UAF or FUR.
FIFA will continue to closely monitor the situation in Ukraine and Russia and will ensure that the regulatory framework is adapted, where necessary.