ARTICLE 33: TRANSFERS 1. Transfer negotiations shall, in accordance with FIFA Regulations, involve three(3) parties, the player, the club he wishes to leave and the new club he intends to join. 2. For the avoidance of doubt, movement of players shall be in accordance with prevailing FIFA regulations, which include the following: (i) A club intending to conclude a contract with a professional must inform his current club in writing before entering into negotiations with that professional. A Professional shall only be free to conclude a contract with another club if his contract with his present club has expired or will expire within six months. Any breach of this provision shall be subject to appropriate sanctions. Any violation shall attract a fine of not less than Gh¢5,000.00 and not more than Gh¢30,000.00. (ii) If a professional player concludes a contract with a new club his former club shall be entitled to compensation for his training and /or development. (iii) If a professional player concludes a contract with a new club which he joins as a professional player his former club shall be entitled to compensation for his development. (iv) If an amateur player is transferred to another club and maintains the same amateur status there, his former club shall be entitled to compensation for his training. (v) If the player’s former club considers it is entitled to compensation for development under the terms of (iii) above, it shall file its claim with the GFA within three (3) months from the date of the player turning professional. In the event that the new club defaults its payment at that point the player shall be considered ineligible to participate in any official match of the GFA. (iv) Where there is a dispute between a player and his club or between two clubs over the player’s intention to leave his current club, the new registration of such a player shall be suspended until the dispute is resolved by the Players’ Status Committee of the GFA. 3. Payment of training and player development fees shall be negotiated by the parties. Where the parties are unable to reach any agreement as to the training / development fees the matter shall be referred to the GFA Dispute Resolution Committee. The Committee’s decision shall be final. 4. A club may make a valid agreement with any of its players waiving its right to compensation for training and development due it under the terms of these regulations, such a waiver, must be in writing to be valid. 5.(a) Negotiations for the transfer of a player registered with the GFA to a club belonging to another National Association shall be conducted between the Ghanaian club, the Foreign club and the player. The GFA should be notified of the result of the negotiation to enable the Association to comply with the FIFA regulations. (b) The GFA shall not interfere with negotiation and the process of transferring a player from a member club to a club belonging to another National Association provided that:- (i) The player has met his contractual obligations to his mother or current club whichever is applicable: clubs may transfer any number of players within the season. (ii) The contract with the player contains a clause which obliges his new club to release the player to honour, a call by the GFA to play for a national team in accordance with FIFA’s Regulations with respect to the number of releases per year and time allowed for training. (c) Ten (10) percent of all training and transfer fees in respect of external transfers, shall be paid into a Football Development Fund as follows: (i) Five (5) percent shall be paid to the GFA (ii) Five (5) percent shall be paid to the Ghana League Clubs Association (GHALCA). (1) Where the player involved is a Juvenile, GHALCA’s 5 percent share shall be paid to the National Juvenile Committee. 6. An International Transfer Certificate shall be issued whenever an amateur a player leaves to join another National Association to which he has been released or loaned. 7. The outright transfer of a player(s) currently registered with any club or clubs under the jurisdiction of the GFA to a club of another Association, shall follow the under-mentioned procedure: (a) The player and his club shall complete and sign a GFA “cancelled by mutual consent” form to annul the player’s registration with the club and the GFA. (b) The Player(s) License shall be sent to the GFA. (c) The player (s) must complete and sign a GFA questionnaire requesting the issuance of an International Transfer Certificate (ITC) in his name to the national association to which his prospective club belongs. (d) A copy of the transfer agreement duly signed by the two (2) clubs, must be submitted together with the afore-mentioned document to the GFA General Secretary or through the TMS. (e) The transfer agreement must contain indications as to when the payment of the agreed transfer compensation is due (f) The issuance of an International Transfer Certificate shall be contingent upon the satisfaction of the conditions stated above, except where the GFA has a good reason to vary them. 8. International transfer of players are only permitted if the player is over the age of 18. 9. The following three exceptions to this rule apply; (a) The player’s parents move to the country in which the new club is located for reasons not linked to football. (b) The transfer takes place within the territory of the European Union (EU) or European Economic Area (EEA) and the player is aged between 18. In this case, the new club must fulfill the following minimum obligations. (i) It shall provide the player with an adequate football education and / or training in line with the highest national standards. (ii) It shall guarantee the player an academic and / or school and / or vocational education and / or training which will allow the player to pursue a career other than football should he cease playing professional football. (iii) It shall make all necessary arrangements to ensure that the player is looked after in the best possible way (optimum living standard with a host family or in club accommodation, appointment of a mentor at the club, etc.) (iv) It shall on registration of such a player, provide the relevant association with proof that it is complying with the aforementioned obligations. (c) The player lives no further than 50 km. from a national border and the club with which the player wishes to be registered in the neighboring association is also within 50 km. of that border. The maximum distance between the player’s domicile and the club’s headquarters shall be 100 km. in such cases, the player must continue to live at home and the two associations concerned must give their explicit consent. 10. The conditions of this Article shall also apply to any player who has never previously been registered with a club and is not a national of the country in which he wished to be registered for the first time. 11. Every international transfer according to paragraph 9 and every first registration according to paragraph 10 of this article is subject to the approval of the sub-committee appointed by the Players’ Status Committee for that purpose. The application for approval shall be submitted by the association that wished to register the player. The former association shall be given the opportunity to submit its position. The sub-committee’s approval shall be obtained prior to any request from an association for an International Transfer Certificate, and / or a first registration. Any violations of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code in addition to the association that failed to apply to the sub-committee, sanction may also be imposed on the former association for issuing an International Transfer Certificate without the approval of the sub-committee, as well as on the clubs that reached an agreement for the transfer of a minor. 12. The procedures for applying to the sub-committee for a first registration and an international transfer of a minor are contained in Annex 2 of the FIFA Regulation on the Status and Transfer of Players.
Posted on: Thu, 20 Mar 2014 22:44:20 +0000
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