FIFA Disciplinary Code: 3. ORGANISATION AND COMPETENCE

CHAPTER 1. GENERAL PROVISIONS

30. General rule

1. The FIFA judicial bodies shall be competent to investigate, prosecute, and sanction conduct within the scope of the application of this Code.

2. Confederations, associations, and other sports organizations are responsible for investigating, prosecuting, and sanctioning conduct in their respective jurisdictions. In particular, confederations shall have jurisdiction on disciplinary matters related to friendly matches and competitions between representative teams or clubs belonging to the same confederation, provided that the competition is not organized by FIFA.

3. FIFA shall have jurisdiction on disciplinary matters related to matches and competitions organized by it, to international “A” friendly matches (tier-1 international matches), to friendly matches and competitions between representative teams or clubs belonging to different confederations or to matches involving invitational teams composed of players registered with clubs belonging to associations of different confederations.

4. Each association has a duty to cooperate with other associations to forward and notify them of documents or to provide information related to and/or required for domestic disciplinary proceedings. If an association fails to cooperate in this way, it may lead to sanctions as provided under this Code.

5. Confederations and associations shall inform FIFA immediately of the sanctions issued by their respective judicial bodies in relation to serious infringements (including but not limited to doping, manipulation of football matches and competitions, sexual abuse, or harassment).

6. The FIFA judicial bodies reserve the right to investigate, prosecute, and sanction serious infringements within the scope of application of this Code –in particular, doping, match-fixing, and discrimination–that fall within the jurisdiction of confederations, associations, or other sports organizations, if deemed appropriate in a specific case and if no formal investigation has been initiated by the competent confederation, member association or other sports organization 90 days after the matter became known to FIFA, or if the relevant confederation, member association or sports organization agrees with FIFA to confer the competence regarding the relevant matter

on FIFA.

7. The FIFA judicial bodies shall not deal with cases that have been previously subject to a final decision by another FIFA body involving the same party or parties and the same cause of action. In such cases, the claim shall be deemed inadmissible.

31. Composition of the FIFA judicial bodies

1. In the context of this Code, the FIFA judicial bodies are:

a) the Disciplinary Committee;

b) the Appeal Committee.

2. The FIFA judicial bodies shall consist of a chairperson, a deputy chairperson, and an unspecified number of members.

3. The Congress elects, upon the proposal of the Council, the chairpersons, deputy chairpersons, and other members of the FIFA judicial bodies for a period of four years.

32. Independence and impartiality

1. The chairpersons, deputy chairpersons, and other members of the FIFA judicial bodies shall be impartial and fulfill the independence criteria as defined in the FIFA Governance Regulations.

2. Members of the FIFA judicial bodies may not decide on a matter where there are legitimate grounds for questioning their independence or impartiality and/or if there is a conflict of interest. They shall disclose any circumstance which may give rise to any such ground.

3. Members who decline to participate in a meeting on any of the above grounds shall notify the chairperson immediately.

4. If the circumstances give rise to legitimate doubts over the independence or impartiality of a member of the FIFA judicial body, a party is entitled to challenge said member at the latest two days prior to the relevant date on which the judicial body is called to decide on a matter.

5. The chairperson shall decide on any such challenge. If an objection is raised concerning the chairperson, the deputy chairperson, or, in their absence, the longest-serving member present shall decide on such challenge.

33. Meetings

1. At the request of the chairperson, the deputy chairperson, or, in their absence, the longest-serving member available, and depending on the seriousness of the potential infringement, the secretariat shall call the number of members deemed necessary to each meeting.

2. A meeting may take place with a single judge.

3. The chairperson, the deputy chairperson, or, in their absence, the single judge, shall conduct the meetings and pass the decisions that this Code empowers them to take.

34. Confidentiality

1. The members of the FIFA judicial bodies shall ensure that everything disclosed to them during the course of their duty remains confidential (including the facts of the case, the contents of the deliberations, and the decisions taken).

2. The opening of proceedings as well as decisions already notified to the addressees may be made public by FIFA.

3. Any person who is required to participate in or is subject to a disciplinary investigation or disciplinary proceedings must keep such information confidential at all times unless the chairperson of the judicial body explicitly stipulates otherwise in writing. Any breach of such duty may be sanctioned.

4. In the event of a breach of this article by a member of a judicial body, the relevant member shall be suspended from the Disciplinary Committee until the next FIFA Congress.

35. Secretariat

1. The FIFA general secretariat provides the FIFA judicial bodies with a secretariat and the necessary support, infrastructure, and staff at FIFA headquarters. The FIFA judicial bodies may be assisted by legal counsel or experts.

2. The secretariat takes charge of the administrative work and writes the decisions of the meetings.

3. The secretariat manages the case files. The decisions passed and the relevant files shall be kept for at least ten years.

4. The secretariat keeps records of cautions, sendings-off, and match suspensions, which are stored in FIFA’s central data storage system. The Secretariat of the Disciplinary Committee confirms them in writing to the association or club concerned or, in the case of final competitions, to the head of the delegation concerned (or the person(s) indicated by the latter for each competition). To ensure that the relevant records are complete, the confederations shall inform FIFA of all sanctions that have been issued during their own competitions that are likely to be carried over to a FIFA competition or future competitions organized by the confederations.

5. The secretariat takes charge of the necessary investigation ex officio.

6. The general principles that will apply to investigations are the following:

a) FIFA may investigate possible offenses falling within the scope of this Code.

b) In principle, when an investigation is initiated, the parties concerned are informed. This does not apply where such notification is not deemed appropriate. Such investigations are conducted by means of written inquiries, engaging with third parties, such as forensic companies, and, where necessary, the questioning of individuals. Other investigative procedures may also be employed, including but not limited to on-site inspections, document requests, and the procurement of expert opinions.

An investigation may be reopened if new evidence or facts emerge which imply that an offense falling within the scope of this Code may have been committed.

36. Integrity experts

1. The secretariat may appoint an integrity expert to support the necessary investigations into potential breaches of FIFA regulations.

2. The appointed integrity expert may request the opening of disciplinary proceedings and propose that disciplinary measures be imposed on member associations, clubs, and individuals.

3. The integrity experts shall remain impartial and fulfill the independence criteria as defined in the FIFA Governance Regulations. The requirements and conditions of their appointment as well as of their role are set in accordance with the relevant circular letter on this subject. The term as integrity expert shall be limited to four years. A list of integrity experts shall be submitted to the FIFA Council for approval.

37. Exemption from liability

Except in the case of gross culpability, neither the members of the FIFA judicial bodies nor the secretariat may be held liable for any deeds or omissions relating to any disciplinary procedure.

38. Time limits

1. Time limits shall commence the day after the notification of the relevant document. Time limits are deemed to have been complied with if the relevant action has been completed by midnight (Central European Time) at the latest on the last day of the stipulated deadline.

2. Official holidays and non-working days are included in the calculation of time limits. Time limits are interrupted from 20 December to 5 January inclusive.

3. Time limits to which persons other than the associations shall adhere commence on the day after receipt of the document by the association responsible for forwarding it, except when the document is also or solely sent to the person concerned or their legal representative. If the document was also or solely sent to the parties or their legal representatives, the time limit starts on the day after receipt of the document by such person.

4. When a deadline expires on a Saturday, Sunday, or public holiday in the Swiss canton of Zurich, where FIFA′s headquarters are located, it is carried forward to the next working day.

5. If a time limit is not observed, the defaulter loses the procedural right in question.

6. Time limits laid down by this Code may not be extended.

39. Evidence, evaluation of evidence, and standard of proof

1. Any type of proof may be produced.

2. The competent judicial body has absolute discretion regarding the evaluation of evidence.

3. The standard of proof to be applied in FIFA disciplinary proceedings is the comfortable satisfaction of the competent judicial body.

40. Match officials’ reports

Facts contained in match officials’ reports and in any additional reports or correspondence submitted by the match officials are presumed to be accurate. Proof of their inaccuracy may be provided.

41. Burden of proof

1. The burden of proof regarding disciplinary infringements rests on the FIFA judicial bodies.

2. Any party claiming a right on the basis of an alleged fact shall carry the burden of proof of this fact. During the proceedings, the party shall submit all relevant facts and evidence of which the party is aware at that time, or of which the party should have been aware by exercising due care.

3. For anti-doping rule violations, the FIFA Anti-Doping Regulations apply.

42. Witnesses

1. Witnesses shall tell the absolute and whole truth and shall answer the questions put to them to the best of their knowledge and judgment.

2. It is the responsibility of the parties to ensure the appearance of the witnesses requested by them and to pay all costs and expenses in connection with their appearance.

43. Anonymous participants in proceedings

1. When a person’s testimony in proceedings conducted in accordance with this Code could lead to threats to them or put them or any person particularly close to them in physical danger, the chairperson of the competent judicial body or the deputy chairperson may order, inter alia, that:

a) the person not be identified in the presence of the parties;

b) the person not appear at the hearing;

c) the person’s voice be distorted;

d) the person be questioned outside the hearing room;

e) the person be questioned in writing;

f) all or some of the information that could be used to identify the person be included only in a separate, confidential case file.

2. If no other evidence is available to corroborate the testimony provided by the person concerned, such testimony may only be used in the context of imposing sanctions under this Code if:

a) the parties and their legal representatives had the opportunity to pose questions to the person concerned in writing; and

b) the members of the judicial body had the opportunity to interview the person concerned directly and in full awareness of their identity and to assess their identity and record in full.

3. Disciplinary measures shall be imposed on anyone who reveals the identity of any person granted anonymity under this provision or any information that could be used to identify such person.

44. Identification of anonymous participants in proceedings

1. To ensure their safety, persons granted anonymity shall be identified behind closed doors in the absence of the parties. This identification shall be conducted by the chairperson of the competent judicial body alone, the deputy chairperson, and/or the members of the competent judicial body present and shall be recorded in minutes containing the relevant person’s personal details.

2. These minutes shall not be communicated to the parties.

3. The parties shall receive a brief notice which:

a) confirms that the person concerned has been formally identified; and

b) contains no details that could be used to identify such a person.

45. Representation and assistance

1. Subject to Article 46 of this Code, the parties are free to have legal representation at their own cost, in which case a duly signed power of attorney must be submitted.

2. If they are not required to appear personally, they may be represented.

46. Legal aid

1. In order to guarantee their rights, individuals bound by this Code who have insufficient financial means may request legal aid from FIFA for the purpose of proceedings before the FIFA judicial bodies.

2. Applicants for legal aid must submit reasoned requests and supporting documents.

3. The secretariat establishes a list of pro bono counsel.

4. According to each applicant’s needs, and subject to prior written confirmation by FIFA, legal aid may be provided as follows:

a) The applicant may be released from having to pay the costs of proceedings.

b) Pro bono counsel may be selected by the applicant from the list provided by the secretariat.

c) The applicant’s own reasonable travel and accommodation costs and those of witnesses and experts they call to testify may be covered by FIFA, including the travel and accommodation costs of any pro bono counsel selected from the list provided by the secretariat.

5. The chairperson of the Disciplinary Committee decides on requests for legal aid. Such decisions are final.

6. Further conditions and requirements associated with legal aid and pro bono counsel may be communicated by circular letter.

47. Language used in proceedings

1. The languages used in proceedings are English, French, and Spanish. The FIFA judicial bodies and the parties may choose to communicate in any of these languages.

2. Decisions are passed in any of the aforementioned languages.

3. If the language used in a decision is not the mother tongue of the person concerned, the association to which the person belongs will be responsible for translating it.

48. Communication with the parties

1. All of the parties shall be notified of the decision.

2. All communications between FIFA and the party concerned during proceedings before the FIFA judicial bodies shall be sent exclusively through the FIFA Legal Portal. Communications through the FIFA Legal Portal are valid and binding means of communication and will be deemed sufficient to establish time limits and their observance.

3. The parties and associations must ensure that their contact details (including their address, telephone number, and email address) are valid and kept up to date at all times.

4. Decisions and other documents intended for players, clubs, and officials are addressed to the association concerned on the condition that it forwards the documents to the parties concerned. In the event that the association acts on behalf of the party concerned, these documents are considered to have been communicated properly to the ultimate addressee on the day after the notification to the respective association. In the event that the email address of the party concerned is unknown and the documents have been sent to the association concerned via the FIFA Legal Portal, these documents are considered to have been communicated properly to the ultimate addressee four days after the notification of the document to the respective association. Failure by the association to comply with the aforementioned instruction may result in disciplinary proceedings in accordance with this Code.

49. Costs and expenses

1. Costs and expenses shall be borne by the party that has been sanctioned unless otherwise stipulated in this Code.

2. The costs of proceedings before the Disciplinary Committee shall be borne by FIFA, except in protest cases, when they shall be borne by the defeated party.

3. If no party is sanctioned, the costs and expenses shall be borne by FIFA. Should a party generate unnecessary costs on account of its conduct, costs may be imposed upon it, irrespective of the outcome of the proceedings.

4. The judicial body that rules on the substance of the matter decides how costs and expenses shall be allocated and the relevant amounts are stipulated by the chairperson of the relevant judicial body. This decision is not subject to appeal.

5. Each party shall bear its own costs, including the costs of its own witnesses, representatives, legal advisers, interpreters, and counsel, subject to article 46.

50. Effects of decisions

1. Decisions come into force as soon as they are notified.

2. Cautions, sendings-off, and automatic match suspensions have an immediate effect on subsequent matches even if the notification reaches the association, club, or head of delegation concerned later.

51. Provisional measures

1. The chairperson of the competent judicial body, or their nominee, is entitled to issue provisional measures where these are deemed necessary to ensure the proper administration of justice, to maintain sporting discipline or to avoid irreparable harm, or for reasons of safety and security. They are not obliged to hear the parties.

2. Provisional measures issued by the chairperson of the Disciplinary Committee or their nominee may be appealed against in accordance with the relevant provisions of this Code. However, the appeal must reach FIFA in writing via the FIFA Legal Portal and with grounds within three days of notification of the contested measure, without the condition of payment of any appeal fee. The chairperson of the Appeals Committee, or their nominee, decides on such appeals as a single judge. Such decisions are final.

3. A provisional measure may apply for up to 90 days. The duration of any such measure may be deducted from the final disciplinary sanction. The chairperson of the competent judicial body, or their nominee, may exceptionally extend the validity of a provisional measure by up to 90 days.

52. Court of Arbitration for Sport (CAS)

Decisions passed by the Disciplinary and Appeal Committees may be appealed against before CAS, subject to the provisions of this Code and articles 56 and 57 of the FIFA Statutes.

CHAPTER 2. DECISION-MAKING PROCESS

53. Convocation, rights of the parties, hearings, decisions, communications, and confidentiality

1. As a general rule, there are no oral statements and the FIFA judicial bodies decide on the basis of the file.

2. At the motivated request of one of the parties or at the discretion of the chairperson, the deputy chairperson, or the competent single judge, a hearing may be arranged to be held, to which all the parties shall be summoned.

3. Unless this Code specifies otherwise, the parties are entitled to submit written statements, examine the case file, and order copies of the case file before any decision is reached.

4. Hearings are recorded and archived. Parties are not given access to recordings of hearings; however, if a party claims that procedural rules in its favor have been breached during a hearing, the chairperson of the competent judicial body, or their nominee, may allow that party to have access to the recording. Recordings are destroyed after five years.

5. The FIFA judicial bodies may hold hearings and take decisions in the absence of one or all of the parties.

6. If different proceedings are opened against the same association, club, or individual, the competent judicial body may combine the cases and issue one comprehensive decision.

7. Hearings of the FIFA judicial bodies are not open to the public, except in cases of anti-doping rule violations by individuals if duly requested by the defendant and approved by the chairperson of the relevant judicial body or their nominee. In cases of match manipulation, the relevant chairperson or their nominee will decide about a public hearing. The chairperson or their nominee decides at their own discretion if and under what conditions a public hearing may take place.

8. At any time prior to the meeting set up to decide the case by the relevant judicial body, a party may accept responsibility and request the FIFA judicial bodies to impose a specific sanction. The FIFA judicial bodies may decide on the basis of such request or render a decision that it considers appropriate in the context of this Code.

9. All communications concerning an association, club, or individual (including notifications of proceedings against them and the issuing of the decisions taken by the FIFA judicial bodies) are addressed to the association or club concerned, which must then, if applicable, inform the club or the individual in person. All such communications by FIFA or the FIFA judicial bodies shall be sent by the secretariat via the FIFA Legal Portal.

10. Written communications to FIFA by an association, club, or individual shall be submitted via the FIFA Legal Portal.

54. Decisions

1. Decisions are passed by a single judge or by a simple majority of the members present. If votes are equal, the chairperson has the casting vote.

2. The FIFA judicial bodies may take decisions via personal meetings, telephone conference, video conference, or any other similar method.

3. In principle, the FIFA judicial bodies issue the terms of decisions without grounds and only these terms of the decision are notified to the parties, who are informed that they have ten days from that notification to request, in writing via the FIFA Legal Portal, a motivated decision. Failure to make such a request results in the decision becoming final and binding and the parties being deemed to have waived their right to lodge an appeal.

4. A motivated decision shall include at least:

a) a brief summary of the facts, which does not need to include every single contention;

b) the article(s) infringed;

c) the considerations that are relevant to the potential breach of the FIFA regulations; and

d) the criteria used to determine the possible sanction.

5. If the motivated decision is requested within the time limit stipulated in paragraph 3 above, the time limit for lodging an appeal begins only on notification of the motivation. Only the parties to which a decision is addressed can request the motivation.

6. Any appeal lodged before notification of the motivated decision is regarded exclusively as a request for motivation.

7. Doping-related decisions are issued with grounds. In case of urgency, or under any other special circumstances, the relevant judicial body may notify the party of only the terms of the decision, which become immediately applicable. The full, written decision shall then be notified within 60 days.

8. The FIFA secretariat publishes decisions issued by the FIFA judicial bodies. Where such a decision contains confidential information, FIFA may decide, ex officio or at the request of a party, to publish an anonymized or redacted version.

9. The request for a motivated decision does not affect the enforcement of the decision, which shall take effect as soon as it is notified, with the exception of orders to pay a sum of money.

10. The competent judicial body may rectify any mistakes in calculation or any other obvious errors in the decision at any time.

CHAPTER 3. DISCIPLINARY COMMITTEE

55. Commencement of proceedings

1. Proceedings are opened by the secretariat of the Disciplinary Committee:

a) on the basis of match officials’ reports;

b) where a protest has been lodged;

c) at the request of the FIFA Council;

d) at the request of the integrity expert;

e) at the request of the Ethics Committee;

f) on the basis of a report filed by a FIFA body, committee, subsidiary, instance, or by the FIFA administration;

g) on the basis of article 21 of this Code;

h) on the basis of documents received from a public authority;

i) ex officio.

2. Any person or body may report any conduct that is considered incompatible with FIFA regulations to the FIFA judicial bodies. Such complaints shall be made in writing. FIFA may initiate investigations and appoint an integrity expert to investigate any such complaint.

56. Jurisdiction

1. The Disciplinary Committee is competent to sanction any breach of FIFA regulations which does not come under the jurisdiction of another body.

2. The Disciplinary Committee is, in particular, responsible for:

a) sanctioning serious infringements that have escaped the match officials’ attention;

b) rectifying obvious errors in the referee’s disciplinary decisions;

c) extending the duration of a match suspension incurred automatically by a sending-off;

d) pronouncing additional sanctions.

3. If deemed appropriate, the chairperson or their deputy may refer a case, regardless of the matter involved, directly to the Appeal Committee for consideration and decision.

57. Jurisdiction of the single judges of the Disciplinary Committee

1. The chairperson can rule alone as a single judge and may delegate their functions to another member of the Disciplinary Committee. In particular, the chairperson or their nominee acting as a single judge may take the following decisions with respect to any of the following matters:

a) urgent or protest cases;

b) whether disciplinary proceedings should be initiated, suspended or terminated;

c) suspending a person for up to five matches or for up to three months;

d) pronouncing a fine of up to CHF 100,000;

e) extending a sanction;

f) settling disputes arising from objections to members of the Disciplinary Committee;

g) issuing, altering, and annulling provisional measures;

h) cases involving matters under article 21 of this Code;

i) cases involving order and security at matches; and/or

j) unplayed or abandoned matches.

2. The secretariat, under the guidance of the chairperson or the deputy chairperson is responsible for assigning the relevant cases to single judges. The proceedings before a single judge shall be conducted in accordance with this Code.

58. Proposal by the secretariat

In matters reserved for the single judge, the secretariat may propose a sanction on the basis of the existing file. The party concerned may reject the proposed sanction and submit its position before the relevant judicial body within five days of notification of the proposed sanction, in the absence of which the proposed sanction will become final and binding.

59. Closure of proceedings

Proceedings may be closed when:

a) the parties reach an agreement;

b) a party is under insolvency or bankruptcy proceedings pursuant to the relevant national law and is legally unable to comply with an order;

c) a club is disaffiliated from an association;

d) the alleged violation has not been proven.

CHAPTER 4. APPEAL COMMITTEE

60. Jurisdiction

1. The Appeal Committee is competent to decide on appeals against any of the Disciplinary Committee’s decisions that FIFA regulations do not declare as final or referable to another body, as well as on cases referred by the chairperson of the Disciplinary Committee or their deputy for consideration and decision.

2. The Appeal Committee is also competent to decide appeals against decisions of the Ethics Committee, as set out in the FIFA Code of Ethics.

3. Any party intending to lodge an appeal must inform the Appeal Committee of its intention to appeal, in writing via the FIFA Legal Portal, within three days of notification of the grounds of the decision.

4. Within five days of the expiry of the time limit for the declaration of appeal, the appellant must file, in writing via the FIFA Legal Portal, the appeal brief. This must contain the appellant’s requests, an account of the facts, evidence, a list of the proposed witnesses (with a brief summary of their expected testimony), and the appellant’s conclusions. The appellant is not authorized to produce further written submissions or evidence after the deadline for filing the appeal brief.

5. In urgent cases and during final competitions, the chairperson may shorten the deadline for the submission of the above-mentioned documents.

6. The appeal fee is CHF 1,000, payable on submission of the appeal brief at the latest.

7. The appeal is not admissible if any deadline and/or any of the above-mentioned requirements are not met.

61. Admissibility of appeals

1. An appeal may be lodged with the Appeal Committee against any decision passed by the Disciplinary Committee unless the disciplinary measure issued is:

a) a warning;

b) a reprimand;

c) a suspension of up to two matches or of up to two months (with the exception of doping-related decisions);

d) a fine of up to CHF 15,000 imposed on an association or a club or of up to CHF 7,500 in other cases;

e) decisions passed in compliance with article 21 of this Code.

2. Only the motivated decision can be appealed against.

3. If the Disciplinary Committee combines disciplinary measures, an appeal is admissible if at least one of the disciplinary measures imposed exceeds the above limits. In this case, the subsequent instance(s) will only be entitled to examine the sanctions that exceed the above limit.

62. Standing to appeal

1. Anyone who has been a party to the proceedings before the Disciplinary Committee may lodge an appeal with the Appeal Committee, provided this party has a legally protected interest in filing the appeal.

2. Associations and clubs may appeal against decisions sanctioning their players, officials, or members.

63. Deliberations and decisions

1. The Appeal Committee deliberates behind closed doors.

2. Within the framework of the appeal proceedings, the Appeal Committee has full power to review the facts and the law.

3. The decision by the Appeal Committee upholds, amends, or overturns the contested decision. In the case of a fundamental mistrial, the Appeal Committee can overturn the contested decision and refer the case back to the Disciplinary Committee for reassessment.

4. If the accused is the only party to have lodged an appeal, the sanction cannot be increased.

5. If new disciplinary offenses come to light while appeal proceedings are pending, they may be judged in the course of the same proceedings. In such a situation, the sanction can be increased.

64. Jurisdiction of the chairperson ruling alone

The chairperson (or in their absence, the deputy chairperson) of the Appeal Committee may take the following decisions alone:

a) on a preliminary procedural issue related to the appeal, including the admissibility of the appeal;

b) in urgent or protest cases;

c) on an appeal against a decision to extend a sanction;

d) to resolve disputes arising from objections to members of the Appeal Committee;

e) on appeals against provisional decisions passed by the chairperson of the Disciplinary Committee;

f) issue, alter, and annul provisional measures;

g) in cases where the sanction imposed by the Disciplinary Committee is a fine of up to CHF 500,000 or a suspension from playing or carrying out a function for up to five matches or a period of time up to 12 months; and/or

h) at the request of the parties.

65. Effects of appeal

1. The appeal does not have a suspensive effect except with regard to orders to pay a sum of money.

2. The chairperson, the deputy chairperson, or, in their absence, the longest-serving member available, may, on receipt of a reasoned request, award a stay of execution.

By: FIFA Disciplinary Code,2023

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