4. Transfer rules & fees

The Transfer rules and Transfer Fees have been developed according to Articles 6 et seq. (and especially Articles 6.1.3; 6.1.4.; 6.1.5; 6.3; 6.3.1; 6.3.2.; 6.3.3; 6.3.4) of the FIVB Sports Regulations 2022; which provide as follows:

6.1.3 Rules for international transfers

Players and clubs must abide by the rules of their National Federations for national transfers and by the FIVB Regulations for all international transfers.

6.1.4 Players subject to transfer procedure

These Regulations apply to all international transfers of players who are either licensed by or members of a National Federation affiliated to the FIVB.

6.1.5 Compulsory transfer formalities

The transfer procedure laid down in this Chapter is compulsory and applicable to all international transfers.

6.3 FEES

6.3.1 Definitions

For purposes of these Regulations, there are three potentially applicable fees that could be payable as defined below:

a. “International Solidarity and Administration Fee” shall mean the fixed fee defined in Appendix 1 of the FIVB Financial Regulations payable to the FIVB (or to the respective Confederation) by the Receiving Club, which shall cover the FIVB’s expenses and shall also be redistributed to volleyball entities responsible for the development of a player in accordance with Article 1.5.2 of the FIVB Financial Regulations.

b. “Federation of Origin Solidarity Fee” shall mean the fee payable to the Federation of Origin by the Receiving Club to support Volleyball development programs, including training compensation to the clubs responsible for developing the player who is transferring.

c. “Transfer Fee” shall mean the fee payable by the Receiving Club to a club to buy out its rights to the player’s services under a legally binding contract.

6.3.2 International Solidarity and Administration Fee to FIVB

a. The Receiving Club shall pay an International Solidarity and Administration Fee to the FIVB for the international transfer of a player. For multi-year ITCs, the International Solidarity and Administration Fee to the FIVB shall be payable for each season of the international transfer of the player.

b. For the scale of International Solidarity and Administration Fees, refer to the Appendix (1) to the FIVB Financial Regulations. The International Solidarity and Administration Fees payable for “International Rights” transfers shall assist in covering the solidarity and administration of “No International Rights” transfers.

c. Parties cannot contest the categorisation of their National Federation under these Regulations. Once entered into the VIS system by a National Federation and approved by the FIVB, the divisions of the National League in their territory, a National Federation may only contest the divisions of their National Leagues if there is a change in the divisions of the leagues, e.g. the creation of a new division, etc. Said National Federation shall bear the burden of proving to the FIVB that such change justifies a change of the divisions of the National League in the VIS System.

6.3.3 Federation of Origin Solidarity Fee

a. As a principle, the Federation of Origin Solidarity Fees are designed to encourage programs for the continued growth of Volleyball within the Federation of Origin through the international transfer of players developed within the infrastructure of the Federation of Origin. However, such principle must also be balanced with the player’s right to work and earn a living based on the skills that he or she has developed.

b. The Federation of Origin Solidarity Fee and its payment schedule shall be negotiated and agreed upon the Receiving Club and the Federation of Origin in writing within the parameters defined in these Regulations. When negotiating the Federation of Origin Solidarity Fee, the Federation of Origin and Receiving Club shall take into account the following criteria:

i. Level of experience of the player including age, length and consistency of the volleyball career (National Team experience, previous transfers, injuries, disciplinary record, etc.), overall performance as per publicly available statistics.

ii. Positive contribution of the Federation of Origin towards the player’s Volleyball career.

iii. Length of the transfer.

iv. Previous Federation of Origin Solidarity Fee(s) for the player.

v. Level of the Federation of Origin.

vi. Level of the Receiving Club and relevant league.

vii. Level of the Receiving Federation.

c. In all cases, the Federation of Origin Solidarity Fee shall not exceed the maximum amounts provided in the Appendix C to these Regulations. In the event that the transfer is exempted from the payment of an International Solidarity and Administration Fee (see Appendix 1 to the FIVB Financial Regulations), no Federation of Origin Solidarity Fee shall be payable to the Federation of Origin.

d. To the extent that an agreement on the Federation of Origin Solidarity Fee cannot be reached by the Receiving Club and impacting a contract already signed by the player and the Receiving Club resulting in the Federation of Origin blocking the issuance of the player’s ITC, a party may request the FIVB’s intervention to decide on the applicable Federation of Origin Solidarity Fee in accordance with the procedure defined in Appendix D to these Regulations.

e. In the event that the Federation of Origin fails to sign the ITC by refusing to accept or comply with the FIVB’s decision on the Federation of Origin Solidarity Fee, the FIVB may approve the ITC without the consent of the Federation of Origin if the ITC is not signed within forty-eight (48) hours before the start of the player’s first match for the Receiving Club in the season in which the transfer pertains.

f. Each Federation of Origin shall adopt a distribution system for the Federation of Origin Solidarity Fee that provides support to those clubs that contributed to the development of the player who was subject to the transfer in which the Federation of Origin Solidarity Fee was paid.

g. Bilateral transfer agreements waiving Federation of Origin Solidarity Fees

i. Two (2) National Federations may reach an agreement under which transfers of players from one National Federation to the other will not require payment of Federation of Origin Solidarity Fees to the player’s Federation of Origin. For the avoidance of doubt, the International Solidarity and Administration Fee payable to the FIVB (or to the respective Confederation) and the ITC procedure cannot be waived by an agreement between National Federations.

ii. A bilateral agreement enters into force only after written approval by the FIVB.

iii. Each National Federation may not conclude more than three (3) bilateral agreements.

6.3.4 Transfer Fee

a. A Current Club is a club that has a signed written contract with a player that is legally binding beyond the date of a proposed transfer.

b. Should a player wish to permanently transfer to a new club within the duration of his or her contract with his or her Current Club and the current contract is still legally binding, the Current Club may request the payment of a transfer fee as compensation to buy the Current Club out of its contractual rights over the services of the player under a legally binding contract.

c. In the event that the player and the Current Club have a dispute over whether they are bound by a legally binding contract, Article 6.10 below shall apply.

SPECIAL PROVISIONS FOR THE CEV

The Confédération Européenne de Volleyball (CEV) has established the amount to be paid as a transfer fee for transfers of players among National Federations affiliated to the CEV. Please visit the CEV website (http://www.cev.lu/Transfers-Area/Process.aspx) for[JVP1] more information.

FIVB UMBRELLA

Article 6.6.2 of the FIVB Sports Regulations provides as follows:

Players who have nationality problems, refugees, or players who have completed two (2) years’ proven inactivity may be allowed to play in national and/or international competitions under the FIVB umbrella with club teams of their new country of residence before they obtain the nationality of their new country and/or satisfy other legal requirements. In such cases, the FIVB shall act as the player’s Federation of Origin for the purposes of the transfer.

The decision to place a player under the FIVB Umbrella is taken by the FIVB on a case by case basis. [JVP2] For the purpose of the transfer, only the FIVB will act as Federation of Origin for players placed under the FIVB Umbrella.

The fee for an International Transfer of a player under the FIVB Umbrella is determined by the FIVB and may vary between CHF 0 and CHF 25,000 (please see Appendix C of the FIVB Sports Regulations 2022).

Please be informed that players playing under the FIVB Umbrella do not have a Current Club.