Interpretative Note to Annexe 7 to the

Regulations on the Status and Transfer

of Players

May 2023
Introduction

As a consequence of the military invasion of Ukraine by Russian armed forces, FIFA decided to
urgently address these extraordinary and unforeseen circumstances already back in March 2022. In
the context of this complex and urgent situation, after a consultation process involving the key
football stakeholders, the Bureau of the FIFA Council adopted regulatory measures to provide
urgent legal certainty and clarity on a number of important regulatory matters. This led to the
adoption of Annexe 7 to the Regulations on the Status and Transfer of Players (RSTP) in its original
version of March 2022.

The decisions of the Bureau of the FIFA Council were communicated via circular nos 1787 and 1788
and set out the regulatory principles in the form of a temporary annexe to the RSTP (Annexe 7)
entitled: Temporary rules addressing the exceptional situation deriving from the war in Ukraine. A
first interpretative note has been prepared in order to provide appropriate guidance to FIFA
member associations (MAs) and their stakeholders in relation to Annexe 7 to the RSTP.

Subsequently, in June 2022, the Bureau adopted a decision approving a revised text of Annexe 7 to
the RSTP, extending this regulatory framework until 30 June 2023. This decision was communicated
via circular no. 1800. The validity and justification of this decision has in the meantime been
confirmed by the Court of Arbitration for Sport (CAS).

Following these decisions, the ongoing, tragic situation between Ukraine and Russia and the
unforeseeable duration of the war have led to a need for further clarification on the application of
Annexe 7 to the RSTP, in particular as to its possible application beyond 30 June 2023. There is an
ongoing need for legal clarity related to the employment relationships of foreign players and
coaches in Ukraine and Russia, which FIFA must address. In light of this, on 21 May 2023, the Bureau
of the FIFA Council approved further temporary amendments to Annexe 7 to the RSTP.

Once again, these temporary rules that have been incorporated in the revised Annexe 7 to the RSTP
(hereinafter “Annexe 7 (May 2023 edition)”) are a result of extensive discussions. They represent a
consensus reached between the stakeholders concerned, which covers various interests. Through
intense discussions, together with all stakeholders, FIFA has sought to strike a balance between all
the interests at stake. Furthermore, as confirmed by CAS, it is within FIFA’s competence as the
world’s governing body of football to issue the rules contained in Annexe 7 as a proportionate,
reasonable and necessary regulatory step to address the extremely challenging circumstances
caused by Russia’s war against Ukraine.

The purpose of this updated interpretative note is to provide appropriate guidance to MAs and their
stakeholders in relation to Annexe 7 (May 2023 edition).

Interpretative Note to Annexe 7 to the RSTP 1

➢ Scope of application of the temporary rules addressing the exceptional
situation deriving from the war in Ukraine

Article 1 of Annexe 7 (May 2023 edition) has been rephrased in order to now include limitations
regarding the scope of application of the annexe.

Annexe 7 (May 2023 edition) applies to employment contracts of an international dimension

concluded between players or coaches and clubs affiliated to the Ukrainian Association of Football
(UAF) or the Football Union of Russia (FUR).

Therefore, these temporary rules are applicable to foreign players and coaches who have
employment contracts with clubs affiliated to the UAF or FUR. For the sake of clarity, these
temporary rules apply both to men’s and women’s football and futsal.

However, certain limitations on the scope of application of Annexe 7 (May 2023 edition) have been
introduced. The underlying rationale is that 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 Annexe 7 (May 2023 edition) to suspend an ongoing contract. Therefore, Annexe 7
(May 2023 edition) no longer applies to:

1. Employment contracts of foreign players who are registered with a club affiliated to the UAF
or FUR at the moment when Annexe 7 (May 2023 edition) enters into force or at any point
after that.

It is clear, however, that there may be extraordinary circumstances where a strict reliance
on the registration of a player may not produce results that are in line with the mentioned
rationale. For example, there may be players who have invoked Annexe 7 (in its earlier
versions) to suspend their employment contracts, but who have been unable to find other
employment opportunities. As a result, such players would indeed still be registered with a
club affiliated to the UAF or FUR. However, in line with the underlying rationale of Annexe 7,
these players too will be able to invoke Annexe 7 (May 2023 edition).

Interpretative Note to Annexe 7 to the RSTP 2

 2. Employment contracts of foreign coaches who render their services to a club affiliated to the
UAF or FUR.

Annexe 7 (May 2023 edition) will not apply to the employment contract of an international
dimension of a coach who renders their services to a club affiliated to the UAF or FUR at that
point in time or at any point after 21 May 2023.

3. Employment contracts of foreign players or coaches that have been concluded or extended
after 7 March 2022.

As from 7 March 2022, i.e. the date of entry into force of the first version of the temporary
rules, a key measure has been available to provide players and coaches with the opportunity
to train, play and receive a salary, while protecting Ukrainian clubs and facilitating the
departure of foreign players and coaches from Russia, namely the suspension of
employment contracts of foreign players and coaches with clubs affiliated to the UAF or FUR.

With this in mind, as from 21 May 2023, Annexe 7 (May 2023 edition) will not apply to the
employment contract of an international dimension of a player or coach that has been
concluded or extended with a club affiliated to the UAF or FUR after 7 March 2022, since
under such circumstances, any request to suspend a contract would appear contradictory
and thus abusive.

➢ Performance of football contracts of foreign players and coaches employed

by Ukrainian or Russian clubs

Articles 2 and 3 of earlier versions of Annexe 7 have been merged into one provision in view that
employment contracts of an international dimension concluded between players or coaches and
clubs affiliated to the UAF or FUR are treated in the same way, with the numbering of the subsequent
articles adapted accordingly.

Interpretative Note to Annexe 7 to the RSTP 3

The safety and well-being of players, coaches and club staff remains FIFA’s primary concern. It is
clear that the ongoing military conflict has had an impact, with players and coaches leaving the
territory of Ukraine or Russia, and who might not wish to currently return in view of the situation.

In view of this, the recent amendments to the regulatory framework entail the temporary extension
of one of the key measures of Annexe 7 to the RSTP, namely the right for foreign players and coaches
who have left the territory of Ukraine or Russia due to the conflict and may not wish to currently
return, to further unilaterally suspend their contracts until 30 June 2024.

However, in order to prevent abuses, to provide clarity to the affected clubs and to ensure that
players and coaches exercise their right to suspend their employment contracts within a clear time
frame, the player or coach would need to inform the club of the unilateral suspension in writing by
1 July 2023 for the suspension to be considered valid. For the avoidance of doubt, “in writing” means
written correspondence duly signed by the person suspending their contract.

The discussions with the different stakeholders have led to the conclusion that this deadline
provides sufficient time to foreign players and coaches to decide whether, in light of the situation,
they wish to return to Ukraine or Russia, and also to clubs affiliated to the UAF or FUR to organise
their teams adequately. It reflects, therefore, a clear consensus found between all stakeholders.

Finally, as implied by the wording “unless otherwise agreed between the parties” in article 2
paragraph 1 of Annexe 7 (May 2023 edition), foreign players and coaches have the discretion to
waive the suspension mechanism by reaching alternative agreements with their respective clubs
affiliated to the UAF or FUR.

➢ Consequences of the suspension of football contracts of foreign players and

coaches with clubs affiliated to the UAF or FUR

In case that foreign players or coaches validly exercise their right to unilaterally suspend their
contracts with clubs affiliated to the UAF or FUR, the obligation to provide sporting services and for
the players or coaches to be remunerated for those services will be deemed paused until 30 June
2024.

A valid suspension of a contract as per the above-mentioned provisions will mean that the players
or coaches concerned are considered “out of contract” until 30 June 2024 and are, therefore, at
liberty to sign a contract with another club without facing consequences of any kind (either payment
of compensation or sporting sanctions), for the period of suspension.

Interpretative Note to Annexe 7 to the RSTP 4

A valid suspension will also entail that foreign clubs that subsequently register players whose
contracts have been suspended or are deemed suspended will not be subject to any sporting or
financial consequences. However, in principle, the validity of any new contract shall not extend past
30 June 2024.

Moreover, any new contract concluded by a professional with a new club until 30 June 2024, whose
contract has been suspended as per the above-mentioned provisions, will not be considered a
violation of article 18 paragraph 5 of the RSTP, which states that “If a professional enters into more
than one contract covering the same period, the provisions set forth in Chapter IV shall apply.”

➢ Registration matters

In order to alleviate any concern that a player in these circumstances may inadvertently breach
article 5 paragraph 4 of the RSTP when they transfer to a club affiliated to a different MA, it has been
agreed that all players whose previous registration was at the UAF or foreign players whose previous
registration was at the FUR may be registered with a maximum of four clubs and shall be eligible to
play official matches for a maximum of three clubs during the same season (i.e. the same season in
which the transfer occurs).

In the event that the UAF or FUR rejects the International Transfer Certificate request for a
professional whose contract has been suspended as per Annexe 7 (May 2023 edition), in order to
allow a smooth and swift process, the FIFA administration may immediately authorise the
registration of the player at the new association wishing to register them.

For the sake of completeness, these temporary rules apply to registration matters concerning all
players in Ukraine regardless of their nationality, and the principles outlined in this section shall
apply mutatis mutandis to amateur players and futsal.

Interpretative Note to Annexe 7 to the RSTP 5

➢ Protection of minors

Article 19 paragraph 2 a) of the RSTP exempts minors moving with their parents from the rule
preventing the international transfer of players before the age of 18 when the reasons for the move
are not linked to football. Article 19 paragraph 2 d) of the RSTP exempts minors moving for
humanitarian reasons from the general prohibition regarding the international transfer of players
before the age of 18. The exemption is limited to those categories of persons set out in the
1951 Refugee Convention. The FIFA Football Tribunal has previously applied the exemption to
asylum seekers whose civil status in their new country has yet to be determined, permitting their
registration with amateur clubs.

In this respect, minors fleeing Ukraine, regardless of their nationality, to other countries due to the
armed conflict will be considered to have fulfilled the requirements of article 19 paragraph 2 a) or d)
of the RSTP. Their registration at the new association would normally be approved by the FIFA
Football Tribunal.

➢ Training compensation

Interpretative Note to Annexe 7 to the RSTP 6

Article 7 of Annexe 7 (May 2023 edition) essentially means that the training compensation
mechanisms do not apply for players who invoked the rights under Annexe 7 to suspend their
contracts and move to another club. The main rationale is to facilitate as much as possible the
movement of these players and not to cause any financial burden, which may exist in case an
obligation to pay training compensation would otherwise be triggered.

Therefore, no training compensation is payable by the respective new club in case foreign players,
whose contracts have been suspended in accordance with Annexe 7 to the RSTP, sign a new contract
in order to be registered with this new club.

Conversely, new clubs not affiliated to the UAF or FUR where such foreign players have signed a new
contract will also not be entitled to receive training compensation for the period during which the
player is registered with them (i.e. while the respective contract with a club affiliated to the UAF or
FUR is suspended).

Furthermore, no training compensation is payable by the respective new club for a player being
registered for the first time as a professional in two additional scenarios:

1. The player was allowed to be registered with a new club under the exception provided
in article 19 paragraph 2 a) or d) of the RSTP after leaving the territory of Ukraine or
Russia subsequently to7 March 2022, and is registered for the first time as a professional
with a club not affiliated to the UAF or FUR.

2. The player that now wishes to be registered for the first time as a professional with a
club affiliated to the UAF or FUR had previously left the territory of Ukraine or Russia
after the temporary rules were implemented (7 March 2022).

These two additional exceptions shall facilitate, in particular, the possible return of players to clubs
affiliated to the UAF or FUR, should they wish to do so.

➢ Further limitations

Certain limitations in relation to the international transfer of players have been introduced in a new
article 8 of Annexe 7 (May 2023 edition), with the main rationale being to prevent abuses or
unwelcome scenarios from a financial perspective.

In this context, players whose contracts have been suspended on the basis of this annexe may not:

Interpretative Note to Annexe 7 to the RSTP 7

 1. be subject to a transfer against payment, regardless of whether said transfer is on a
permanent or a loan basis, during the period of the relevant suspension;

2. sign a new contract with another club affiliated to the UAF or FUR, during the period of
the relevant suspension.

It is true that there may be exceptional circumstances, where for example a player of Ukrainian
nationality has invoked Annexe 7 (May 2023) to suspend a contract with a Russian club and is unable
to find any employment elsewhere, other than with a club in their home country Ukraine (or vice
versa for players with Russian nationality). In situations where this would otherwise cause hardship
to those players, on a case-by-case basis, a registration with a club in the respective home country
may still be permissible.

Interpretative Note to Annexe 7 to the RSTP 8