Does a contractual clause that stipulates a sell-on fee breach article 18bis of the FIFA Regulations?

A contractual clause that stipulates a sell-on fee does not inherently breach article 18bis of the FIFA Regulations, but it can do so if it limits the counter club’s independence. Article 18bis is concerned with the relationship between clubs and the freedom of clubs to negotiate their own transactions. A sell-on fee is a mechanism whereby the selling club receives a percentage of any future transfer fees if the player is sold again.

If the clause imposes restrictions on the receiving club, such as preventing them from transferring the player or dictating terms that significantly reduce their negotiating power in the future, it could limit their independence and thus breach article 18bis. Therefore, the acceptability of a sell-on fee largely depends on the specific terms of the clause and how they impact the operational autonomy of the clubs involved.

In summary, while sell-on fees can be a legitimate part of a transfer agreement, they must be structured in a way that respects the principles outlined in article 18bis, particularly regarding club independence and freedom to negotiate.