International Transfers of Minor Players Explained

Introduction

In December 2000, Barcelona’s then sporting director Carles Rexach, player agents Josep Maria Minguella and Horacio Gaggioli, together with Jorge Messi (Lionel Messi’s father), made history in Barcelona: On a napkin, they agreed that Lionel Messi, then only thirteen years old, should play for FC Barcelona in future. Even at that time, there was debate about whether it was appropriate and sensible to take a 13-year-old out of his familiar surroundings in Argentina to play football in Spain – for no other reason than the hope that he would one day become a professional footballer. Everyone interested in football now knows how Lionel Messi’s story unfolded.

The transfer was only permitted under the FIFA statutes in force at the time because, although discussions had already been held in 2000 between the European Union, FIFA and UEFA on necessary protective measures in connection with international transfers of underage footballers, FIFA had not yet introduced any corresponding regulations. Today, Art. 19 of the FIFA Regulations on the Status and Transfer of Players (RSTP) would prevent such a transfer, as the aforementioned institutions have agreed on a set of regulations that only allow transfers of underage players in certain, strictly defined exceptional cases.

This article aims to shed light on Art. 19 RSTP. It also provides practical guidance on the implementation of a permissible international transfer of a minor.

International transfers of minors

The central provision is Art. 19 RSTP para. 1 clarifies that international transfers of players are only permitted if they are over 18 years of age. Art. 19 RSTP therefore requires: (i) an international transfer of (ii) a minor player. If these conditions are met, such a transfer is generally not permitted under Art. 19 para. 1 RSTP.

International transfer

According to Art. 5 para. 1 RSTP, every player who participates in organised football for a club must be registered with a national association. If a player is to be registered for a club of another national association, he is therefore changing associations, which constitutes an international transfer subject to the rules of the RSTP (Art. 1 para. 1 RSTP). If a player changes clubs within a national association, the special rules of the respective national association apply in principle in accordance with Art. 1 para. 2 RSTP; Art. 1 para. 3 RSTP refers to individual RSTP provisions that also apply to national transfers.

Art. 5 para. 3 also clarifies that a player cannot be registered for more than one club at the same time.

Minors

It must also be clarified who is considered a minor. The FIFA regulations are clear on this point: Art. 19 para. 1 RSTP stipulates that international transfers of players are only permitted if they are over 18 years of age. This means that players up to and including the age of 17 are considered minors. Transfers of these players are subject to the special rules of Art. 19 RSTP.

General prohibition with exceptions

Art. 19 para. 1 initially prohibits international transfers of minors. However, Art. 19 para. 2 describes the following exceptions, in which case a transfer may be permitted:

a) Parents move for non-football reasons

If the parents move to the country of the new club for reasons not related to football (e.g. work), the minor player may also move.

b) Transfers within the EU/EEA (16–18 years)

In the case of transfers between two national associations within the EU or the EEA, a transfer is permitted if the player is between 16 and 18 years of age. In such cases, the receiving club must guarantee and demonstrate additional safeguards:

• (i) football education/training in accordance with the highest national standards;
• (ii) academic and/or vocational training that enables an alternative career;
• (iii) appropriate support (e.g. suitable accommodation/host family, mentor at the club, everyday support).

c) Proximity to the border

If the player lives no more than 50 km from a national border and the receiving club is based in a neighbouring country also within 50 km of the border (maximum distance between the player’s place of residence and the club’s headquarters is 100 km in total), a transfer is permitted. The player must continue to live at home, and both associations involved must expressly agree.

d) Additional since mid-2020

• Humanitarian reasons: If a minor player flees without his parents for humanitarian reasons (e.g. war) and is allowed to stay temporarily in the country of arrival, an international transfer is possible (Art. 19 para. 2 d RSTP).
• School/student exchange: If the player participates in a temporary exchange programme without his parents, he may play there temporarily and be transferred internationally for this purpose (Art. 19 para. 2 e RSTP).

e) Other general rules

The provisions of Art. 19 RSTP also apply to players who are registered with a national association for the first time, do not have the nationality of the country concerned and have resided in that country for less than five years without interruption.

In addition, all transfers of players who are at least 10 years old and (i) are to be transferred internationally or (ii) are to be registered with a national association for the first time in accordance with the above paragraph (regardless of whether the player has resided in the country concerned for more or less than five years prior to registration) must be expressly confirmed by the FIFA Players’ Status Committee. This confirmation is required before applying for the International Transfer Certificate (ITC) necessary for the transfer.

In the case of players under the age of 10, the receiving club is obliged to check for itself whether the conditions described above are met and whether registration is permissible.

4. Responsibility of clubs

Particular attention should be paid to Art. 19 para. 8 RSTP. According to this, a club that registers a minor player is obliged to:

• exercise a duty of care towards the minor,
• take all reasonable measures to protect the minor from possible abuse, and
• ensure that the minor is given the opportunity to complete an academic education (in accordance with the highest national standards) that will enable him to pursue an alternative career outside of football.

FIFA thus requires clubs to take special precautions to protect underage players.

Practical information

Given the numerous exceptions to the basic prohibition in Article 19 RSTP, the question arises as to the practical implementation of international transfers of minors: How can the conditions for an exception be proven to FIFA?

In 2020, FIFA published the ‘Guide to Submitting a Minor Application’, which serves as a guide for applying for an exemption. The type of documents to be submitted depends on the exemption to be claimed (Article 19 para. 2 a to e and para. 3 and para. 4 RSTP). FIFA lists the formal documents that must be enclosed with the application for the various scenarios. In some exceptions, there are variants that require different types of evidence. In the cases under Art. 19 para. 2 b–e and para. 3 and 4 RSTP, there are fewer variants, which is why fewer documents usually need to be submitted.

This is how the procedure works

1. Submission of the application to the receiving association, enclosing all documents.
2. The national association enters the application into the FIFA Transfer Matching System (TMS).
3. The releasing association reviews the application (except in certain humanitarian cases) and has seven days to comment or confirm. If no confirmation is received, the application is automatically forwarded to FIFA via TMS.
4. The FIFA administration checks the application for completeness, may make additional requests and makes a recommendation to the FIFA Sub-Committee.
5. The Sub-Committee decides: ‘Accepted / Rejected / Not admissible’ and records the decision in TMS; this is automatically forwarded to both associations.
6. The receiving and transferring associations can request the reasons from the Sub-Committee within 10 days of receiving the decision. An appeal against the decision can be lodged with the Court of Arbitration for Sport (CAS) within 21 days.

Those who can clearly demonstrate that they meet the criteria for an exception under Art. 19 para. 2 RSTP, proceed in a structured manner, organise school and childcare in a comprehensible way and prepare formal evidence neatly, minimise queries from the FIFA administration and speed up the process.

The FAQ section in the ‘Guide to Submitting a Minor Application’ with frequently asked practical questions is also helpful.

How do I proceed in concrete terms?

Anyone preparing an international transfer of a minor player should take a structured approach from the outset. Good organisation determines the speed and quality of the process.

Do’s & Don’ts

Do’s

• Identify a suitable exception under Art. 19 RSTP and provide full evidence – as described in the ‘Guide to Submitting a Minor Application’.
• Submit official or employment contract originals, certified copies and, where necessary, certified translations.
• Keep all documents in an organised folder with a contact list (family, club, association, school).
• Submit a child protection and care plan: living situation (address, verified host family/club accommodation, house rules), designated contact persons at the club, school (confirmation of enrolment, timetable, language courses if applicable).
• Coordinate football training with school. Clubs should have standard documents (training plan, child protection concept, care plan, etc.) ready, which are only personalised in individual cases.

Don’ts

• False justifications: A football-motivated parental move as a purported non-football reason regularly fails and undermines the credibility of the application for acceptance of the transfer by the FIFA sub-commitee.
• Unclear living arrangements of parents can also be an obstacle, especially if there are no employment contracts, insufficient proof of income, or unsuitable documentation of invoices, which will lead to queries from FIFA administration.
• Temporary/uncertain accommodation (only short-term rental agreements, hotels) or mere declarations of intent without reliable evidence of the existence of permanent accommodation
• Although participating in training sessions or matches before receiving approval from the FIFA sub-committee may be tempting in many cases to integrate the player into the sporting activities of a new club as quickly as possible, it is legally risky and subject to sanctions under FIFA regulations.

Applications often fail due to distances just over 50 km or unclear map information. Therefore, enclose official registration certificates and precise proof of distance.

Special notes

• Borderline case (Art. 19 para. 2 c RSTP): Applications often fail due to distances just over 50 km or unclear map information. Therefore, enclose official registration certificates and precise proof of distance.
• Humanitarian cases (Art. 19 para 2 d RSTP): Admissibility depends on reliable official documents. Plan appointments and translations in good time to avoid delays.

Result

Those who can clearly demonstrate that they meet the criteria for an exception under Art. 19 para. 2 RSTP, proceed in a structured manner, organise school and childcare in a comprehensible way and prepare formal evidence neatly, minimise queries from the FIFA administration and speed up the process. On the other hand, spurious justifications and unclear school or living conditions regularly lead to delays or rejections.

The European Club Association (ECA) recently investigated how clubs handle the protection of minors and what problems exist in the current transfer system. Here, too, the aim is to further improve the balance between promoting talent and protecting children.