Emilio Garcia Silvero, Chief Legal and Compliance Officer – FIFA
During this talk, Emilio Garcia Silvero chose to talk about FIFA’s reform of the international transfer
system.
The basis of the international transfer system was designed in 2001, following on from the Bosman ruling in 1995. The aim was to encourage training of young players, protect contractual stability between players and clubs, and to protect young players (minors). But Garcia asked: “Do the rules make sense?” The number of international transfers has ballooned 40% since 2011 from 11,882 to 20,209 in 2022.
When the regulations were created it was around 1000-2000. “There are worrying trends and a reform of the transfer system is essential.” There have been problems with the transfer of money involved in the deals.
“Currently only 20% of money due to clubs for producing players is paid. Imagine clubs in Peru trying to get the money they are owed. It is not easy to trace this information”, he said.
To improve this FIFA have created the FIFA Clearing House. The aim is to process payment related to transfers protecting the integrity of football and avoiding fraudulent activity. It was operational for the first time in the January transfer window.
Secondly, Garcia talked of reform of the regulations around agents. New regulations came into force in January. It is now mandatory to have a licence and maintain that licence every year. FIFA will set up an agent chamber to resolve disputes. Conflicts of interest must be avoided, all commissions are to be paid via the clearing house, and there will be a cap on commissions.
Thirdly, Garcia spoke about the FIFA Football tribunal, established in 2021, to resolve disputes within football. “The system works really well”, Garcia said. “You don’t have to go to court, but if you don’t respect the decision we will impose a transfer ban. It is very effective.”
