Through Circular 1867, issued on 07.12.2023, FIFA provided clarifications about to the application of art. 21 para. 9 FIFA DC.
Art. 21 para. 9 FIFA Disciplinary Code, as amended in 2023, stipulates that:
The Disciplinary Committee shall be competent to decide on cases related to the failure to respect settlement agreements concluded in the context of disciplinary proceedings opened against a debtor with respect to a final and binding financial decision issued by a body, a committee, a subsidiary or an instance of FIFA or by CAS.
Therewith, FIFA clarifies that, for the Disciplinary Committee to be competent to enforce a settlement agreement, this settlement agreement shall be directly linked to a final and binding financial decision issued by FIFA or CAS.
Settlement Agreements signed after a final decision of the FIFA Football Tribunal or a CAS Award
FIFA states that primarily and based on the wording of art. 21 para. 9 FIFA DC, this direct connection would exist only if the settlement agreement was signed following the initiation of disciplinary proceedings in relation to non-compliance with a financial decision passed by FIFA or CAS.
Nevertheless, through Circular 1867, FIFA clarifies that art. 21 para. 9 FIFA DC shall also cover agreements concluded after any decision passed by a body, a committee, a subsidiary or an instance of FIFA or by CAS.
For instance, if after the issuance of a FIFA DRC decision, the parties sign a settlement agreement, the FIFA DC may enforce the settlement agreement directly and the creditor shall not need to lodge a new claim before the FIFA DRC.
Furthermore, it is emphasized that art. 21 par. 9 FIFA DC applies to settlement agreements concluded after 01.02.2023.
The Circular is available in the link below: