DRC Overdue Payables
Texto da decisão
REF. FPSD-17172
Decision of the
Dispute Resolution Chamber
passed on 17 June 2025
regarding an employment-related dispute concerning the player Mohamed
Ahmed
COMPOSITION:
Clifford J. HENDEL (USA), Deputy Chairperson
Dana MOHAMED AL-NOAIMI (Qatar), Member
Stijn BOEYKENS (Belgium), Member
CLAIMANT:
Mohamed Ahmed, Egypt
Represented by Islam Hisham
RESPONDENT:
Amanat Baghdad Sport Club, Iraq
Represented by Sport Makers
pg. 2
REF. FPSD-17172
I. Facts of the case
1.
On 1 January 2024, the Egyptian player, Mohamed Ahmed (hereinafter: the Player or the
Claimant), and the Iraqi club, Amanat Baghdad Sport (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
1 January 2024 until 31 July 2024.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant the
following amounts:
“1. The Contract has a total value of Eighty Four million (84,000,000) IQD only.
2. Concerning the season 2023/2024, the Player shall receive from the Club the total amounts
as follow:
1. The contract amount shall be of Eighty Four million (84,000,000) IQD only and shall be paid
in the form of monthly salaries as shown below:
2. The first party shall pay to the second party an amount of Twelve million (12,000,000) IQD
only in the form of monthly salaries for a period of Seven months from 01.01.1012 to
31.07.2024
3. Taxes/ Social contribution
The Player’s income refers to net amounts in the State of IRAQ. Any taxes, social costs,
contributions or any other amounts the Player may need to pay in the country of his residence,
or any other country are to be borne by the Player and the Club insofar shall not be obliged to
pay any additional amounts to the player as those agreed upon in this Contract.”
3.
According to art. 9 of the Contract, the parties agreed as follows:
“4. If the Club terminated the Contract without having just cause, the Club shall pay to the Player
compensation equal to the total amount of: Ten million (10,000,000) IQD.
5. If the Player terminates the Contract without having just cause, the Player shall pay to the
Club compensation equal to the total amount of: fifty million (50,000,000) IQD.”
4.
On 17 July 2024, the Player travelled back to Egypt form Iraq.
5.
On 11 August 2024, the Club sent a document named “Financial Clearance (Expiry of the
contract)” to the Player that has not been signed by either party. The letter stated the
following:
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REF. FPSD-17172
“On this day Sunday the 11/8/2024 the above both parties acknowledge to expiry of the contract
between them which starts on 1/1/2024 and ends 31/7/2024 the second party acknowledges
receiving all the financial due mentioned in the contract and both parties shall not hold other
party responsible for any indemnifications or any financial liabilities related to this contract
once this agreement is signed by the parties.”
6.
On 3 September 2024, the Player sent a default notice to the Club requesting the payment
of USD 50,151.57 and providing the details of his bank account.
7.
The Player further stated that the total remuneration of IQD 84,000,000 corresponded to
USD 64,151.57. In addition, he alleged that he had only received USD 14,000 from the Club.
8.
On 5 September 2024, the Club paid to the Iraqi bank account the amount of IQD
34,920,000 (approx. USD 26,700). On 9 September 2024, the amounts of IQD 2,997,000
(approx. USD 2,287) and IQD 1,997,000 (approx. USD 1,524) were withdrawn from the Iraqi
bank account.
9.
On 10 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were withdrawn
from the Iraqi bank account.
10. On 11 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were withdrawn
from the Iraqi bank account.
11. On 12 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were withdrawn
from the Iraqi bank account.
12. On 13 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were withdrawn
from the Iraqi bank account.
13. On 17 September 2024, the Club sent to the Player a letter stating the following:
“Payment Fulfilment:
The Club has fulfilled all of his financial commitments as per the employment contract signed
on 1 January 2024. According to the terms of the agreement Annex 1, Art. 1, the club has paid
the Player the full gross amount of IQD 84,000,000 (equivalent to USD 64,151.57) excluding
governmental tax Annex 1, Art. 3. This amount has been transferred to his designated bank
account, which he has consistently used to receive his salary throughout the term of the contract.
Bank Verification:
We kindly request that the Player to check his bank account, particularly the one he has regularly
used for receiving payments from the club, we confirm that the total payment has been made
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REF. FPSD-17172
in accordance with the contract, and the club bears no further financial obligations towards the
Player.
Conclusion of Contract:
Furthermore, we would like to inform you that the duration of the contract has now legally
ended. As the club has fully honored all financial obligations outlined in the agreement, we are
no longer liable for any claims or payment s beyond the contract’s conclusion.”
14. On 16 October 2024, the Player sent a final default notice to the Club reiterating that he
has not received the amount of USD 50,151 and giving the Club a 10-day deadline to comply
with its default.
II. Proceedings before FIFA
15. On 21 November 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
16. The Player lodged a claim with FIFA requesting the following relief:
-
USD 4,331.57 as the balance of the salary of February 2024, plus 5% interest as from
1 February 2024;
-
USD 9,164 for the salary of March 2024, plus 5% interest as from 1 March 2024;
-
USD 9,164 for the salary of April 2024, plus 5% interest as from 1 April 2024;
-
USD 9,164 for the salary of May 2024, plus 5% interest as from 1 May 2024;
-
USD 9,164 for the salary of June 2024, plus 5% interest as from 1 June 2024;
-
USD 9,164 for the salary of July 2024, plus 5% interest as from 1 July 2024.
17. The Player claimed having received USD 14,000 for the salary of January and half of
February’s 2024 salary.
b. Reply of the Respondent
18. In its reply, the Respondent alleged having paid to the Player the total amount of IQD
81,480,000 in four separate payments. In this regard, the Club provided four proofs of
pg. 5
REF. FPSD-17172
payment in which the Player appears as the “creditor name” and the club as “debtor name”.
The amounts and dates appearing in each proof of payment are the following:
-
10 March 2024: IQD 11,640,000.000 as “Salary of Jan”
-
30 April 2024: IQD 23,280,000.000 as “salary of Feb”
-
16 May 2024: IQD 11,640,000.000 as “salary of Apr”
-
5 September 2024: IQD 34,920,000.000 as “salary of May/ jun/ Jul”
19. In addition, the Club stated that it withheld the 3% of the total amount (i.e. IQD 2,520,000)
according to Iraqi laws for the “tax applicable on all athletes’ income in Iraq”.
20. Furthermore, the Club submitted a document purported to be the player’s bank account
statement, in which the aforementioned payments appeared to have been received.
21. The Club also submitted a bank certificate confirming that the account number referenced
in the proofs of payment belonged to the Player. A certified translation of this document
was attached.
22. Regarding the 3% withholding, the Club provided an untranslated copy of the respective
national laws, as well as a translated letter from the Ministry of finance of Iraq which stated
the following:
“We would like to inform you that the monthly income for athletes and are subject to direct
withholding tax based on Article 3, Paragraph (1) of the Instructions on How to Deduct Tax by
Direct Deduction for the Year 2005, which includes (Salaries, Wages, Bonuses and Allowances
are Subject to Tax by Direct Deduction) and as stated in the letter of the General Tax Authority
No. 1/1179 on (1/20/2018), a photocopy of which is attached.”
23. In addition, the Club provided a document which allegedly showed that the amount that
was deducted from the Player’s salary had indeed been paid to the relevant tax authorities.
24. In view of the above, the Club requested the following relief:
-
To accept this Response against the Player; and
-
To rule that the Player is not entitled to any amounts and reject the Claim;
-
To order the Player to pay the legal expenses of the Club of the amount of 5,000 CHF.
pg. 6
REF. FPSD-17172
c. Replica of the Claimant
25. The Player alleged that all the allegations are unfounded. Specifically, the Player claimed
the following:
“With respect to the matter concerning the payment of taxes, it is important to address the
Respondent's allegations, as they are entirely unsubstantiated. The Respondent did not provide
any explicit article from the Employment Contract that obliges the Claimant to pay taxes or
specifies that the Claimant's salaries should be paid gross rather than net”.
26. In addition, the Player alleged that according to the FIFA Football Tribunal’s jurisprudence,
in the absence of a clear contractual clause, the payment of the salaries shall be “net”.
27. With regard to the outstanding salaries, the Player claimed that he had no access to his
Iraqi bank account or his Iraqi credit card, which was in the possession of the Club.
28. Reportedly, the Club informed the Player that the credit card would remain at the
possession of the Club. In this regard, the Player provided a WhatsApp screenshot of a
conversation he held with an alleged representative of the Club. The conversation contains
voice messages, and the Player provided the translated transcript of the conversation.
29. In light of the above conversation, the Player asserted that he had no access to his Iraqi
bank account or the corresponding credit card. Furthermore, according to the Player, it
was the Club that withdrew the funds, converted them into USD, and handed the cash to
him.
30. As the Player did not have access to the bank account, he was getting informed about the
payments from text messages he was receiving from the bank.
31. For this reason, the Player allegedly requested that the Club transfer his salary via Western
Union to Egypt, communicating this request through WhatsApp. However, although the
Player claimed that the relevant screenshots were submitted as evidence in the case file,
no such documents have been provided.
32. Furthermore, the Player contended that additional evidence supporting his claim of not
having access to his bank account was the Club’s submission of his bank account statement
in its reply. The Player argued that such a document is highly confidential and can only be
obtained by the account holder. Therefore, this further substantiated the allegation that
the Club had unauthorized access to his Iranian bank account.
33. In addition, the Player provided the translated transcripts of some WhatsApp voice
messages to prove that before leaving the country he tried to amicably solve the dispute
but he was faced with the alleged Club’s representative threats. However, the Player
contradicted himself as he also alleged that this individual was “the Claimant’s administrator
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REF. FPSD-17172
and his agent.” Therefore, it was not clear if this individual was acting on behalf of the Player
or the Club.
34. Additionally, the Player highlighted the following points:
“a) First: Regarding the Bank Statement, the Claimant himself could not request or obtain the
bank statement, as only the Respondent would have access to it, which is illegal.
b) Second: The Claimant returned to Egypt on 17 July 2024 […]. How could he withdraw money
from the Iraqi bank account, in Iraqi Dinar, while residing in Egypt?
c) Third: We refer to the circular dated 5 February 2024 from the Iraqi Central Bank, stating the
following: […]
-
The cash withdrawal limit outside Iraq for the aforementioned cards is set at USD
3,000 (three thousand US dollars) or its equivalent in other currencies.
-
The daily cash withdrawal limit outside Iraq for these cards is set at USD 500 (five
hundred US dollars) or its equivalent in other currencies.”
35. The Player also argued that despite the default notice sent on 3 September 2024, in which
he explicitly requested the payment of the overdue salaries in his Egyptian bank account.
Despite his request, the Club proceeded with the payment of the remaining salaries to his
Iraqi account.
36. Additionally, the Player noted that, according to the bank account statement, amounts of
IQD 2,997,000 and IQD 1,997,000—equivalent to approximately USD 3,760—were
withdrawn on the same day. However, the Player had already returned to Egypt at that
time, where the maximum daily withdrawal limit is USD 500. Consequently, the Player
argued that it would have been impossible for him to make these withdrawals, further
supporting his claim that it was the Club that withdrew the funds and retained possession
of his credit card.
37. Accordingly, the Player provided the Player’s flight ticket to Egypt and the translation of the
stamp from the immigration authorities in his passport, showing that he travelled back to
Egypt on 17 July 2024 and he was not in Iraq on 9 September 2024, the date that the
amount was withdrawn.
38. Consequently, the Player claimed that the Club was in possession of his credit card and in
control of his bank account which deprived him from receiving his salaries.
pg. 8
REF. FPSD-17172
d. Duplica of the Respondent
39. In its reply, the Club firstly claimed that the Player did not dispute that the amount of IQD
81,480,000 was transferred to his Iraqi bank account.
40. In addition, the Club disputed the allegation according to which the individual who was
threatening the Player was a Club’s representative and stated that the Player contradicted
himself by firstly saying that he was his agent.
41. The Club also alleged the following:
“It is worth mentioning and noting that the Player alleged that the situation remained constant
throughout the entire duration of the Contract, but he never attempted to:
(A) visit the bank to withdraw the money in person; and/or
(B) visit or even call the bank to suspend and cancel his visa card allegedly in the possession and
control of the Club; and/or
(C) request the Club to return the visa card; and/or
(D) revert to police/embassy/judiciary or anything else to complain about the situation or to
document the situation he is now complaining for the first time in his last reply; and/or
(E) send any single warning letter to the Club requesting it to cease and desist using his visa card,
at least to document the matter if it really existed”.
42. Furthermore, the Club denied any association with the individual who allegedly informed
the Player that the Club would retain his credit card in order to withdraw funds, convert
them into USD, and deliver the cash to him.
43. In addition, the Club disputed the evidence provided by the Player, showing that he
returned to Egypt on the 17 July 2024 as the stamp in a passport cannot be associated with
the Player.
pg. 9
REF. FPSD-17172
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
44. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 21 November 2024 and submitted for
decision on 17 June 2025. Taking into account the wording of art. 31 and 34 of the January
2025 edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the
Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the
matter at hand.
45. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
2025 edition), the Dispute Resolution Chamber is competent to deal with the matter at
stake, which concerns an employment-related dispute with an international dimension
between an Egyptian player and a Iraqi club.
46. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
47. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
48. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
pg. 10
REF. FPSD-17172
i. Main legal discussion and considerations
49. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute whether the amount remained outstanding as on the one hand
the Club provided evidence showing having transferred said amounts to the Player’s Iraqi
bank account and on the other hand, the Player argued not having access to this bank
account as the Club was in possession of his credit card and was managing his account.
50. The Chamber recalled the following undisputed facts:
-
The amount of IQD 81,840,000 has been transferred to an Iraqi bank account for
which the Player appeared as the sole account holder;
-
The Club was in possession of and provided the Player’s bank account statement of
his Iraqi account which contained all the deposits and withdrawals;
-
The Player returned to Egypt on 17 July 2024, 13 days before the expiration of the
Contract, by providing his flight ticket;
-
On 3 September 2024, the Player sent a default letter to the Club asking it to pay the
outstanding salaries to his Egyptian bank account;
-
On 5 September 2024, the Club paid to the Iraqi bank account the amount of IQD
34,920,000 (approx. USD 26,700).
-
On 9 September 2024, the amounts of IQD 2,997,000 (approx. USD 2,287) and IQD
1,997,000 (approx. USD 1,524) were withdrawn from the Iraqi bank account;
-
On 10 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were
withdrawn from the Iraqi bank account;
-
On 11 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were
withdrawn from the Iraqi bank account;
-
On 12 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were
withdrawn from the Iraqi bank account;
-
On 13 September 2024, the amounts of IQD 2,997,000 and IQD 1,997,000 were
withdrawn from the Iraqi bank account;
-
According to the Circular of the Central Bank of Iraq, the daily maximum amount that
can be withdrawn outside of Iraq is USD 500, or its equivalent in other currencies.
pg. 11
REF. FPSD-17172
51. Having established the above, the Chamber noted that the Player alleged that he did not
have access to his Iraqi bank account and was not in possession of his credit card. In this
context, he claimed that the Club managed his bank account, meaning it was the Club that
received his salary payments, withdrew the funds, converted them into USD, deducted
amounts for accommodation, food, and “other items,” and subsequently paid him the
remaining balance in cash.
52. The Chamber also noted that the Club denied these allegations by stating that the Player
never raised this issue with the Club or provided evidence of having made any attempts to
address this issue with the bank or the competent authorities.
53. On the one hand, the Chamber considered that the Club has met his burden of proof
demonstrating that IQD 81,840,000 has been transferred to the Iraqi bank account for
which the Player appeared as the sole account holder, by providing (i) the proofs of
payment, (ii) the bank account statements of the Player’s account, (iii) a letter from the bank
confirming that this account belonged to the Player.
54. On the other hand, the Chamber noted that the Player has questioned the above
payments, by stating that he did not have access to this account and that the Club was in
control of it. In this regard, the Player provided the following evidence and arguments to
support his position:
(i)
The default letter sent on 3 September 2024 through which he requested the
Club to pay all the remaining amounts to his Egyptian bank account;
(ii)
The flight ticket from his flight back to Egypt on 17 July 2024 showing that he was
not in Iraq when the amount of IQD 34,920,000 (approx. USD 26,639) was
withdrawn between 9 and 13 of September 2024;
(iii)
The Circular of the Central Bank of Iraq, which stipulated that the maximum daily
withdrawal limit abroad is USD 500, and the monthly limit is USD 3,000.
Consequently, it would have been impossible for him to withdraw USD 26,639
within just a few days while in Egypt. According to the Player, this further
demonstrated that the Club was in possession of his credit card and was
withdrawing the funds;
(iv)
Questioned the fact that the Club was in possession of the Player’s bank account
statement which is a confidential document that can only been obtained by the
account holder. He argued that this indicates that the Club had unauthorized
access to his personal Iraqi bank account.
pg. 12
REF. FPSD-17172
55. For the sake of completeness, the Chamber pointed out that the Player provided the
translated transcript of a voice message on WhatsApp according to which the Club’s
representative acknowledged that the Club was in possession of the credit card and in
control of the bank account. However, the Chamber considered that the evidence provided
cannot be taken into account as it lacked probatory power considering that the original
voice notes were not provided and the identity of the sender cannot be corroborated.
56. Notwithstanding the above, the Chamber took note of the information available in TMS,
and in particular, the name of the Club’s TMS manager. The Chamber noticed that it
appeared that the individual who allegedly made this acknowledgment was the TMS
manager of the Club. In this regard, the Chamber considered that the fact that the Club
denied having any links with “that person (the so-called[…])” raised questions as to why the
Club denied knowing anyone who has the same name as its TMS manager.
57. In view of the above, the Chamber considered that the key question is whether the Player
has sufficiently demonstrated that he did not have access to, or control over, the Iraqi bank
account into which the Club established having transferred nearly the entirety of his salary.
In this respect, the Chamber concluded, that the Player has met his burden of proof,
demonstrating that the Club was in control of his Iraqi bank account and withdrew (at least)
IQD 34,920,000, based on the following considerations:
-
The Player has demonstrated that he had left the country by the time IQD 34,920,000
were withdrawn and that it would not have been possible to withdraw this amount
in Egypt. In addition, the Contract expired on 31 July 2024 and therefore it is very
unlikely that the Player returned to Iraq in September and withdrew the money.
-
After having left the country, the Player requested the payment of the outstanding
salaries to a different bank account than the one in Iraq, and the Club ignored his
request transferring this amount to the Iraqi bank account.
-
The Club was in possession of the bank account statement of the Player’s Iraqi bank
account and did not provide any explanation as to how they obtained this document.
58. Consequently, the Chamber decided that the Player met his burden of proof
demonstrating that the Club had control over his account and withdrew (at least) IQD
34,920,000.
59. Having established the above, the Chamber considered that it had to establish whether the
amounts had to be paid net or gross. On the one hand, the Club argued that the amounts
were gross, while on the other hand, the Player considered that the amounts were net of
taxes.
pg. 13
REF. FPSD-17172
60. In this regard, the Chamber noted that the Club claimed that the payments had to be gross
and deduct 3% of the total amount for taxes. For that reason, the Club provided the
relevant regulations of Iraq arguing that the amount had to be paid gross.
61. However, and despite the contradicting views of the parties, the Chamber decided that the
Contract was clear in this regard and stipulated that the amounts had to be paid net in the
State of Iraq. Specifically, the Chamber reminded that the Contract stated the following:
“The Player’s income refers to net amounts in the State of Iraq. Any taxes, social costs,
contributions or any other amounts the Player may need to pay in the country of his residence
or any other country are to be borne by the Player and the Club insofar shall not be obliged to
pay any additional amounts to the player as those agreed upon in this Contract.”
62. Therefore, the Chamber decided that the total amount of IQD 84,000,000 which was the
total value of the Contract was to be paid net in the State of Iraq.
63. Bearing in mind the foregoing, the Chamber moved to the determination of the total
outstanding amount.
64. In this regard, the player alleged that his salaries until mid- February 2024 were paid in
USD. However, the Contract stipulated that the amounts were to be paid in IQD. The
Chamber also noted that the Player requested the outstanding salaries in USD, and in
particular the salaries of March, April, May, June and July 2024 as well as half of his salaries
of February 2024.
65. However, based on the Contract and the principle of pacta sunt servanda, the Chamber
decided to award the outstanding amounts in IQD.
66. According to the Chamber, the amount that remained outstanding corresponded to IQD
66,000,000 (i.e. IQD 12,000,000 x 5 ½ months).
67. Finally, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
5% interest p.a. over the amount of IQD 6,000,000 as from 1 March 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of IQD 12,000,000 as from 1 April 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of IQD 12,000,000 as from 1 May 2024 until the
date of effective payment;
pg. 14
REF. FPSD-17172
-
5% interest p.a. over the amount of IQD 12,000,000 as from 1 June 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of IQD 12,000,000 as from 1 July 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of IQD 12,000,000 as from 1 August 2024 until the
date of effective payment.
ii. Art. 12bis of the Regulations
68. The Chamber then referred to art.12bis par. 2 of the Regulations, which stipulates that any
club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
69. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
70. Accordingly, the Chamber also confirmed that the Respondent had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
71. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. On account of the above, and
bearing in mind that this is the first offense by the Respondent within the last two years,
the Chamber decided to impose a warning on the Respondent in accordance with art. 12bis
par. 4 lit. a) of the Regulations.
72. The Chamber also highlighted that a repeated offence will be considered as an aggravating
circumstance and lead to more severe penalty, in accordance with art. 12bis par. 6 of the
Regulations.
iii. Compliance with monetary decisions
73. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
pg. 15
REF. FPSD-17172
74. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
75. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
76. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
77. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
78. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
79. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
80. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-17172
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mohamed Ahmed, is partially accepted.
2.
The Respondent, Amanat Baghdad Sport club, must pay to the Claimant the following
amount(s):
- IQD 66,000,000 net in the State of Iraq as outstanding remuneration plus 5% interest
p.a. as follows:
- 5% interest p.a. over the amount of 6,000,000 as from 1 March 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of 12,000,000 as from 1 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of 12,000,000 as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of 12,000,000 as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of 12,000,000 as from 1 July 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of 12,000,000 as from 1 August 2024 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
pg. 17
REF. FPSD-17172
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 18
REF. FPSD-17172
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 19