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When FIFA opens a traditional case file
While the ASP is the mechanism normally used for technical or administrative infringements, Regulatory Compliance also monitors and investigates suspicious activity and more complex breaches of the FIFA Regulations on the Status and Transfer of Players (the “Regulations”) by opening a traditional case file (TCF) against one or more parties.
Like the ASP, the TCF is another example of the broad investigative powers held by the FIFA Regulatory Governance & Compliance Department.
Scope of a TCF investigation
A TCF is an enquiry into any form of alleged wrongdoing relating to an international transfer and typically concerns serious and substantive breaches of the Regulations and the FIFA Disciplinary Code. For example, TCF investigations may concern bridge transfers, third-party influence (art. 18bis), third-party ownership (art. 18ter) or the international transfer of minors (art. 19). A TCF may be opened against any of the parties potentially involved in such cases. All parties must cooperate to establish the facts and comply, within the deadlines set by FIFA, with requests for documents, information or other material that they hold or are entitled to obtain.
How the TCF process works
The TCF normally consists of a letter or series of letters requesting the addressee to provide specific responses or documents by a fixed deadline. Failure to comply with the request or meet the deadline will result in the matter being referred to the FIFA Disciplinary Committee (the “FIFA DisCo”), which may impose a sanction.
Where a TCF investigation identifies a potential breach of the Regulations, the following process is typically followed:
- Request for position and supporting evidence from the relevant party
- Assessment by Regulatory Compliance of the information and documentation gathered
- If applicable, submission of a report with all relevant information to the FIFA DisCo
- Decision by the FIFA DisCo, including sanctions, if applicable