The 14 technical infringements

Please note that the summary below is not an exhaustive list.

A.    Failure to train a club

• To ensure that all affiliated clubs are able to fulfil their obligations in relation to Annexe 3 of the Regulations, ongoing training is the responsibility of the relevant association.

B.    Absence of a trained TMS manager

• Clubs and associations must use TMS for international transfers of players according to Annexe 3 of the Regulations.
• Clubs must appoint TMS managers who must be trained to operate TMS and responsible for training of replacement TMS manager, if required, so that clubs are in a position to fulfil their obligations in TMS at all times.
• Associations must appoint a TMS manager, and at least one additional user, who are trained to operate TMS.
• Associations are responsible for training a replacement TMS manager, if required, so that they are in a position to fulfil their obligations in TMS at all times.

C.    Breach of confidentiality and unauthorised access to TMS

• Always keep all data obtained based on access to TMS strictly confidential.
• Ensure that only authorised users have access to TMS.
• Associations and clubs must use the confidential information exclusively for the purpose of conducting player transactions in which they are directly involved.
• Take all reasonable measures and apply the highest degree of care in order to guarantee complete confidentiality at all times.

D.    Failure to maintain master data in TMS

• Associations must regularly check and always ensure that the master data in TMS (including the season period, registration dates and contact details, i.e. email addresses, postal addresses, telephone numbers and up-to-date names of TMS users) is correct for both the association and every participating affiliated club.
• Associations must ensure that club addresses, telephone numbers, email addresses and training categories are valid and kept up to date at all times.
• Clubs must ensure that their contact details, i.e. address, telephone, email address and bank details, are valid and kept up to date at all times.
• It is especially important that all of the email addresses provided in TMS as contact details for the TMS manager(s) and TMS user(s) of your club or association are correct. Letters or decisions notified by the FIFA general secretariat to a party through TMS or to the email address provided by a party in TMS are considered to be a valid means of communication and are sufficient to establish time limits.

E.    Failure to enter a counter-instruction within a reasonable time

• Clubs must enter the relevant transfer instruction in TMS, together with the necessary information and documentation, as soon as the transfer agreement or loan agreement has been concluded.
• Clubs must check TMS at least once a day in case any outstanding counter-instructions need to be entered. Please note that clubs should check TMS more regularly and pay special attention during registration periods and in particular during the months of January, February, August and September of each year.
• Maintain regular contact with the other club and/or association involved in any transfer concerning your club or association.

F.    Failure to correctly confirm or reject a player in a reasonable time

• The former association must verify the player details without delay.
• To this end, the former association may notice a request to verify the details of the player (“player confirmation request”) in TMS when the transfer in question is in status “Awaiting confirmation of player”. As the former association, you are asked to confirm without delay whether the player is registered with your association.
• A player’s personal details must always be confirmed unless one of the following two exceptions applies:
  1. The player was never registered with your association.
  2. The player used to be registered with your association but has since been transferred to a club affiliated to a different association.
• Unless one of these two exceptions applies, your association must confirm the requested player’s details.
• A player confirmation request must never be rejected in order to block a transfer from occurring.

G.    Failure to upload a mandatory document

Clubs must upload the following mandatory documents, if applicable, when creating instructions:

Transfer agreement (whether permanent or loan) between the new club and the former club. Where applicable, a copy of any amendments shall be uploaded to TMS as soon as they have been concluded.

1. Loan agreement
2. Loan extension agreement
3. Employment contract
4. Proof of player’s identity, nationality/nationalities and date of birth
5. Proof of last contract end date
6. Third-party ownership agreement

H.    Failure to upload a conforming document

• Clubs and associations must ensure that all documents that they upload to TMS are correct, complete and legible and support the information that has been entered in TMS.
• If explicitly requested, any document that is not available in English, French or Spanish must be uploaded to TMS by clubs/associations together with its respective translation into one of these three languages. Failure to do so may result in the document in question being disregarded.

I.    Failure to upload a valid proof of payment

• Ensure that, as soon as the relevant club-to-club payment is made, proof of the payment is uploaded into the correct section in TMS within 30 days of each payment.

J.    Failure to comply with a FIFA TMS investigation

• Whenever you receive a letter from Regulatory Compliance, study its contents carefully. Note the specific requirements and the deadline imposed.
• Respond to Regulatory Compliance to acknowledge receipt of the investigation letter.
• Ensure that you have complied in full with the requirements made of you.
• Ensure that you comply by the deadline.
• Should you require an extension of the deadline in exceptional circumstances, contact Regulatory Compliance immediately, stating the reasons for which you require an extension in order to ensure full compliance.

K.    Failure to provide mandatory information in a TMS instruction

• Ensure that you disclose all mandatory information, including financial information, in any TMS instruction.
• At the end of a loan, clubs shall ensure that they enter the relevant “Return from loan”, “Loan to permanent”, “Loan extension” and/or “Confirm conclusion of the loan” instruction in TMS, as appropriate.

L.    Failure to enter correct information in a TMS instruction

• Double-check that all information declared in TMS is correct and consistent with the document(s) uploaded.
• Clubs must ensure that they enter the correct type of transfer instruction.
• Clubs must ensure that they select the correct reason for the former contract termination and enter the correct date of former contract termination in “Engage out of contract” instructions.
• Clubs must ensure that they enter the correct financial information in TMS (i.e. total fixed remuneration, fixed transfer fee, buy-out (release) fee, conditional payments, sell-on fee).
• Clubs must declare the correct information in both the declaration on third-party influence on clubs and the declaration on third-party ownership of a player’s economic rights.

M.    Improper international transfer certificate request

• The new association must ensure that its affiliated clubs have entered the correct type of instruction and correct reason for the former contract termination in, for example, “Engage out of contract” instructions, before requesting the ITC. In this regard, the former association must check that the documents uploaded (such as the proof of last contract end date) support the information declared in TMS by its affiliated clubs.

N.    Improper response to the international transfer certificate request

• Upon receipt of an ITC request, the former association shall immediately verify the status of the player at their association (amateur or professional), and, if applicable, request the former club and the professional player to confirm whether the professional player’s contract has expired, whether early termination was mutually agreed, or whether there is a contractual dispute.
• Associations must deliver the ITC within three days of the date of the ITC request.