The World Cup always reminds us that the football players' market is a global one. In recent years, we have witnessed a clear and growing trend of an increasing number of football players arriving in Israel from Europe and Latin America. The transfer of a player is not just a professional move on the pitch, but a complex event involving relocation, language and cultural gaps, and a unique system of laws and regulations. While moving to another country and finding a new job is never simple, it is even more complicated for a football player arriving in a country where they do not speak the language or know the culture, certainly when a footballer from Latin America comes to play in Israel.
Many teams and players mistakenly tend to think that signing the standard template published by the Budgetary Control Authority of the Football Association is sufficient, but years of experience in representing players and teams have taught us that this is a very basic contract that does not adequately address a wide range of substantive issues arising during the engagement period. It is important to invest in a contract tailored to the exact needs of both parties, addressing both the specific issues of the parties and key issues that are often left unaddressed, such as a mechanism for bonuses and incentives beyond the base salary, participation in the player's national team matches (in accordance with their obligation to be released for national team matches under FIFA regulations), the issue of medical insurance (both in Israel and when playing for a national team), the allocation of financial responsibility in the event of an injury during a national team match, housing conditions and an adjustment framework in Israel, post-retirement career planning (The Day After), and sometimes even issues related to a spouse.
There are many issues subject to negotiation between the parties, and it is important to be represented by a lawyer with experience in the field of sports, such as the right of release to a larger club or a higher league abroad in the event of an attractive offer, issues of the payment currency (whether in Israeli Shekels or another currency), the team's right to extend the contract for an additional season or two under pre-determined conditions to prevent the player from leaving for free (as a free agent), clear fines and sanctions in the event of inappropriate behavior, the club's right of cancellation if the player concealed medical problems or other material facts, and more.
Equally important, alongside structuring the local contract, representing foreign players requires full synchronization with international sports laws, such as the FFAR (FIFA Football Agent Regulations) which require every agent to pass an official FIFA exam and hold a valid license (therefore, it is important for the lawyer to conduct due diligence regarding the legal status of local partners and intermediaries in the countries of origin and the commissions paid, to prevent the invalidation of the transaction by FIFA's judicial bodies), the prohibition of TPO (Third-Party Ownership – prohibited under Article 18 of the RSTP regulations, but still common in the Latin market), Spanish release clauses (Real Decreto 1006) which are essential for players passing through the Spanish league (La Liga) and whose improper handling can lead to heavy tax and legal issues, as well as issues of minor protection and solidarity mechanisms.
n conclusion, managing an international football contract requires much more than understanding the regular rules of the game. Proper drafting of the employment agreement, detailed and culturally adapted, can prevent future disputes in legal instances and international arbitration institutions (such as FIFA or CAS), ensure professional and financial stability, and create a successful, healthy, and long-term relationship between the player and the team. When dealing with a player from Latin American countries, it is also highly important to be represented by an international law firm whose Israeli representation speaks (both literally and culturally) Spanish or Portuguese as well, and simultaneously understands both the Israeli football sector and Latin American culture. Ultimately, this is a complex engagement - both legally and culturally - and improper structuring will cause friction that could harm both the player and the team.