FIFA Code of Ethics: 2. SUBSTANTIVE LAW

FIFA Code of Ethics: 2. SUBSTANTIVE LAW

SECTION 1: BASIS FOR SANCTIONS

6-Basis for sanctions

The Ethics Committee may pronounce the sanctions described in this Code, the FIFA Disciplinary Code, and the FIFA Statutes.

Unless otherwise specified, breaches of this Code shall be subject to the sanctions set forth in this Code, whether acts of commission or omissions, whether they have been committed deliberately or negligently, whether or not the breach constitutes an act or attempted act, and whether the parties acted as principal, accomplice or instigator.

SECTION 2: DISCIPLINARY MEASURES

7-Types of sanctions

The following sanctions may be imposed for breaches of this Code or any other FIFA rules and regulations:

a) warning;

b) reprimand;

c) compliance training;

d) return of awards;

e) fine;

f) community football service;

g) match suspension;

h) ban from dressing rooms and/or team bench;

i) ban on entering a stadium;

j) ban on taking part in any football-related activity.

2 The specifications in relation to each sanction in the FIFA Disciplinary Code shall also apply.

8-Suspension of sanctions

Upon request from the relevant party, the adjudicatory chamber can decide to suspend the sanction provided for by article 7 paragraph 1 (j) of this Code. The probationary period shall consist of anything from one to five years.

If the person benefiting from a suspended sanction commits any other breach of this Code during the probationary period, the suspension shall automatically be revoked and the original sanction fully applied and added to the sanction imposed for the new breach.

SECTION 3: DETERMINING THE SANCTION

9-General rules

When imposing a sanction, the Ethics Committee shall take into account all relevant factors in the case, including the nature of the offense; the substantial interest in deterring similar misconduct; the offender’s assistance to and cooperation with the Ethics Committee; the motive; the circumstances; the degree of the offender’s guilt; the extent to which the offender accepts responsibility, and whether the person mitigated their guilt by returning the advantage received, where applicable.

In case of mitigating circumstances, and if deemed appropriate taking into account all circumstances of the case, the Ethics Committee may go below the minimum sanction and/or decide to hand down alternative sanctions as provided under Article 7, paragraph 1.

Unless this Code mentions otherwise, the Ethics Committee shall decide the scope and duration of any sanction.

Sanctions may be limited to a geographical area or to one or more specific categories of match or competition.

The Ethics Committee may directly share, or otherwise order the responsible FIFA body to share information on a case with the appropriate public authorities without prejudice to the relevant laws and existing legal channels.

10-Concurrent breaches

Where more than one breach has been committed, the sanction other than monetary sanctions shall be based on the most serious breach.

Concurrent breaches shall be considered aggravating circumstances.

11-Repeated breaches

Repeated breaches shall be considered aggravating circumstances. In such circumstances, the Ethics Committee may go beyond the maximum sanction provided for a violation of the relevant rule, as specified in this Code.

Repeated breaches occur if another offense of a similar nature and gravity is committed repeatedly over a period of time. The limitation period for prosecution shall only apply as from the date the most recent offence has been committed and shall therefore apply to all previous breaches.

12-Recidivism

Recidivism shall be considered aggravating circumstances. In such circumstances, the Ethics Committee may go beyond the maximum sanction provided for a violation of the relevant rule, as specified in this Code.

Recidivism occurs if another offense of a similar nature and gravity is committed within fifteen years of notification of a decision sanctioning a previous offense.

SECTION 4: LIMITATION PERIOD

13-Limitation period for prosecution

As a general rule, breaches of the provisions of this Code may no longer be prosecuted after five years have elapsed.

Offenses relating to bribery and corruption (Article 28), as well as to misappropriation and misuse of funds (article 29) may no longer be prosecuted after ten years have elapsed.

Offences relating to threats, the promise of advantages, coercion, and all forms of sexual abuse, harassment, and exploitation (Article 24) are not subject to such a limitation period.

The limitation period, when applicable, shall be extended by half its length if a formal investigation is opened before its expiration.

The limitation period, when applicable, shall be interrupted where criminal proceedings are formally opened against a person bound by this Code during such proceedings.

In case of repeated breaches, the limitation period as described above shall start only after the last of the repeated breaches has ended.

SECTION 5: RULES OF CONDUCT

Subsection 1: Duties

14-General duties

Persons bound by this Code shall be aware of the importance of their duties and concomitant obligations and responsibilities. In particular, persons bound by this Code shall fulfill and exercise their duties and responsibilities diligently, especially with regard to finance-related matters.

Persons bound by this Code shall respect FIFA’s regulatory framework to the extent applicable to them.

Persons bound by this Code shall appreciate the impact their conduct may have on FIFA’s reputation, and shall therefore behave in a dignified and ethical manner and act with complete credibility and integrity at all times.

Persons bound by this Code must refrain from any activity or behavior or any attempted activity or behavior that might give rise to the appearance or suspicion of improper conduct as described in the sections that follow.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years.

15-Duty of neutrality

In dealings with government institutions, national and international organizations, associations, and groupings, persons bound by this Code shall, in addition to observing the basic rules of Article 14, remain politically neutral, in accordance with the principles and objectives of FIFA, the confederations, associations, leagues, and clubs, and generally act in a manner compatible with their function and integrity.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years.

16-Duty of loyalty

Persons bound by this Code shall have a fiduciary duty to FIFA, the confederations, associations, leagues, or clubs. A breach of fiduciary duty occurs when, inter alia, someone who is placed in a position of responsibility or trust acts in a way that is detrimental to the interests of FIFA, the confederations, associations, leagues, or clubs or is likely to damage their reputation.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years.

17-Duty of confidentiality

Depending on their function, information of a confidential nature delivered to persons bound by this Code while performing their duties shall be treated as confidential or secret by them if the information is given with the understanding or communication of confidentiality and is consistent with FIFA principles.

The obligation to respect confidentiality survives the termination of any relationship which makes a person subject to this Code.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years.

18-Duty to report

Persons bound by this Code who become aware of any infringements of this Code shall inform, in writing, the secretariat and/or chairperson of the investigatory chamber of the Ethics Committee directly.

Failure to report such infringements shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years.

19-Duty to cooperate

Persons bound by this Code shall assist and cooperate truthfully, fully, and in good faith with the Ethics Committee at all times, regardless of whether they are involved in a particular matter as a party, as a witness, or in any other role. This requires, inter alia, full compliance with the Ethics Committee requests, including without limitation requests to clarify facts; provide oral or written testimony; submit information, documents, or other material; and disclose details regarding income and finances, if the Ethics Committee deems it to be necessary.

Persons bound by this Code who are required to cooperate with the Ethics Committee in a specific case, regardless of whether they are involved as a party, as a witness, or in any other role, shall treat the information provided and their involvement strictly confidentially unless otherwise instructed by the Ethics Committee.

Persons bound by this Code shall not take any action actually or apparently intended to obstruct, evade, prevent, or otherwise interfere with any actual or potential Ethics Committee proceedings.

In connection with any actual or potential Ethics Committee proceedings, persons bound by this Code shall not conceal any material fact; make any materially false or misleading statement or representation; or submit any incomplete, materially false, or misleading information or other material.

Persons bound by this Code shall not harass, intimidate, threaten, or retaliate against someone for any reason related to that person’s actual, potential, or perceived assistance to or cooperation with the Ethics Committee.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years.

Subsection 2: Conflicts of interest, financial benefits, and protection of personal rights

20-Conflicts of interest

Persons bound by this Code shall not perform their duties (in particular, preparing or participating in the taking of a decision) in situations in which an existing or potential conflict of interest might affect such performance.

A conflict of interest arises if a person bound by this Code has, or appears to have, secondary interests that could influence their ability to perform their

duties with integrity in an independent and purposeful manner. Secondary interests include but are not limited to, gaining any possible advantage for the persons bound by this Code themselves or related parties as defined in this Code.

Before being elected, appointed, or employed, persons bound by this Code shall disclose any relations and interests that could lead to situations of conflicts of interest in the context of their prospective activities.

Persons bound by this Code shall not perform their duties (in particular preparing, or participating in, the taking of a decision) in situations in which there is a danger that a conflict of interest might affect such performance. Any such conflict shall be immediately disclosed and notified to the organization for which the person bound by this Code performs their duties.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years.

21-Offering and accepting gifts or other benefits

Persons bound by this Code may only offer or accept gifts or other benefits to and from persons within or outside FIFA, or in conjunction with intermediaries or related parties as defined in this Code, where such gifts or benefits:

a) have symbolic or trivial value;

b) are not offered or accepted as a way of influencing persons bound by this Code to execute or omit an act that is related to their official activities or falls within their discretion;

c) are not offered or accepted in contravention of the duties of persons bound by this Code;

d) do not create any undue pecuniary or other advantage; and

e) do not create a conflict of interest.

Any gifts or other benefits not meeting all of these criteria are prohibited.

If in doubt, gifs or other benefits shall not be accepted, given, offered, promised, received, requested, or solicited. In all cases, persons bound by this Code shall not accept, give, offer, promise, receive, request, or solicit from anyone within or outside FIFA, or in conjunction with intermediaries or related parties as defined in this Code, cash in any amount or form.

If declining the gift or benefit would offend the giver on the grounds of cultural norms, persons bound by this Code may accept the gift or benefit on behalf of their respective organization and shall report it and hand it over, where applicable, immediately thereafter to the competent body.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. Any amount unduly received shall be included in the calculation of the fine. In addition to the fine, the gift or benefit unduly received should be returned, if applicable. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years.

22-Commission

Unless covered by a genuine commercial agreement, persons bound by this Code shall not accept, give, offer, promise, receive, request, or solicit commission for themselves or third parties for negotiating deals or conducting other business in connection with their duties.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. Any amount unduly received shall be included in the calculation of the fine. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years.

23-Discrimination and defamation

Persons bound by this Code shall not offend the dignity or integrity of a country, a person, or a group of people through contemptuous, discriminatory, or derogatory words or actions on account of race, skin color, ethnicity, nationality, social origin, gender, disability, sexual orientation, language, religion, politics or any other opinion, wealth, birth, or any other status or any other reason.

Persons bound by this Code are forbidden from making any public statements of a defamatory nature towards FIFA and/or towards any other person bound by this Code in the context of FIFA events.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years.

24-Protection of physical and mental integrity

Persons bound by this Code shall protect, respect, and safeguard the integrity and personal dignity of others.

Persons bound by this Code shall not use offensive gestures and language in order to insult someone in any way or to incite others to hatred or violence.

Persons bound by this Code must refrain from all forms of physical or mental abuse, all forms of harassment, and all other hostile acts intended to isolate, ostracise, or harm the dignity of a person.

Threats, the promise of advantages, coercion, and all forms of sexual abuse, harassment, and exploitation are particularly prohibited.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years. In cases of sexual exploitation or abuse, or in serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a minimum of ten years.

Persons bound by this Code who may have been the victim of potential sexual abuse or harassment may appeal before CAS against the decision rendered by the adjudicatory chamber in the related proceedings in accordance with the procedure defined in this Code. They will, in particular, be provided with the decision, the final report of the investigatory chamber, as well as with any document or evidence produced by the parties before the adjudicatory chamber. Their deadline to appeal the relevant decision before C AS shall commence on the day of notification of those documents.

Confederations and associations shall immediately notify FIFA of any decision taken by their respective bodies sanctioning a person for conduct described in this article.

Subsection 3: Forgery and falsification, abuse of position, betting, and gambling

25-Forgery and falsification

Persons bound by this Code are forbidden from forging a document.

falsifying an authentic document or using a forged or falsified document.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years.

26-Abuse of position

Persons bound by this Code shall not abuse their position in any way, especially to take advantage of their position for private aims or gains.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years. The sanction shall be increased accordingly where the person holds a high position in football, as well as in relation to the relevance and amount of the advantage received.

27-Involvement with betting, gambling, or similar activities

Persons bound by this Code shall be forbidden from participating in, either directly or indirectly, betting, gambling, lotteries, or similar events or transactions related to football matches or competitions and/or any related football activities.

Persons bound by this Code shall not have any direct or indirect financial interest (through or in conjunction with third parties) in activities, such as betting, gambling, lotteries, or similar events or transactions connected with football matches and competitions. Interests include gaining any possible advantage for the persons bound by this Code themselves and/or related parties.

Provided that the relevant conduct does not constitute another violation of this Code, violation of this article shall be sanctioned with an appropriate fine of at least CHF 100,000 and a ban on taking part in any football-related

activity for a maximum of three years. Any amount unduly received shall be included in the calculation of the fine.

Subsection 4: Bribery and corruption, misappropriation and misuse of funds, and manipulation of football matches or competitions

28-Bribery and corruption

Persons bound by this Code shall not accept, give, offer, promise, receive, request, or solicit any personal or undue pecuniary or other advantage in order to obtain or retain business or any other improper advantage to or from anyone within or outside FIFA. Such acts are prohibited regardless of whether carried out directly or indirectly through, or in conjunction with, third parties. In particular, persons bound by this Code shall not accept, give, offer, promise, receive, request, or solicit any personal or undue pecuniary or other advantage for the execution or omission of an act that is related to their official activities and is contrary to their duties or falls within their discretion.

Persons bound by this Code shall refrain from any activity or behavior that might give rise to the appearance or suspicion of a breach of this article.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 100,000 as well as a ban on taking part in any football-related activity for a minimum of five years. Any amount unduly received shall be included in the calculation of the fine. The sanction shall be increased accordingly where the person holds a high position in football, as well as in relation to the relevance and amount of the advantage received.

29-Misappropriation and misuse of funds

Persons bound by this Code shall not misappropriate or misuse funds of FIFA, the confederations, associations, leagues, or clubs, whether directly or indirectly through, or in conjunction with, third parties.

Persons bound by this Code shall refrain from any activity or behavior that might give rise to the appearance or suspicion of a breach of this article.

Violation of this article shall be sanctioned with an appropriate fine of at least CHF 100,000 as well as a ban on taking part in any football-related activity for a minimum of five years. The amount of misappropriated funds shall be included in the calculation of the fine. The sanction shall be increased accordingly where the person holds a high position in football, as well as in relation to the relevance and amount of the funds concerned or of the advantage received.

30-Manipulation of football matches or competitions

Persons bound by this Code are forbidden from being involved in the manipulation of football matches and competitions, and shall immediately report to the Ethics Committee any approach in connection with activities and/ or information directly or indirectly related to the possible manipulation of a football match or competition.

The competence to adjudicate on all conduct related to the manipulation of football matches or competitions, both on and off the field of play, remains reserved for the FIFA Disciplinary Committee.

The investigatory chamber shall transfer to the Disciplinary Committee any information obtained during its investigatory activity that might be related to conduct committed by any persons bound by this Code in violation of this article.

By: FIFA Code of Ethics, 2023

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