The club is extremely disappointed that our appeal against the decision of the Cheshire FA to remove the team from the Cheshire Senior Cup competition has not been upheld. We appealed the original verdict on the grounds that an ‘International Transfer Certificate’ as per FA rule 3 (a) (iv) was not required for Szymon Czubik.
According to FIFA Regulations on the status and transfer of players, Article 9.1 clearly states that: ‘Players registered at one association may only be registered at a new association once the latter has received an International Transfer Certificate (ITC) from the former association.‘
Szymon left Poland as an eight-year old and has never been registered with a football club in Poland, or ever registered with the Polish FA. Therefore, it was our understanding that the signing of Szymon as an amateur, non-contract or professional player at the club did not require an ‘International Transfer Certificate’ (ICT) as per Article 9.1, as he was never registered with another international association.
Furthermore, Article 9.4 states that ‘An ITC is not required for a player under the age of 10 years.’ Szymon came to England in 2008 aged eight and played football for registered clubs before the age required for an ITC. For clarity, an ITC was not necessary or applicable when he started playing football in England.
When Szymon signed as a professional with Stockport County on 10 January 2018 and he became registered with the FA, the issue of international clearance was raised and dealt with promptly by the club. From correspondence with the FA it became clear that international clearance for a ‘foreign national’ registering in England for the first time was necessary. Despite us not being the first club to have registered Szymon in England, we were warned about due diligence in these matters.
However, with regard to the Cheshire FA charge of a breach of Rule 3 (a) (iv) which requires an International Transfer Certificate for players coming from overseas Associations, it is clear that Szymon is not coming from another International Association, therefore, we do not feel that the club is in breach of the rule as it currently stands, which refers only and specifically to an ‘International Transfer Certificate from another international Association’. Therefore, we feel we are not in breach of the rule as it stands and are disappointed with the decision of the Cheshire FA Cup Committee.
The club will seek further advice and guidance on this matter and reserves the right to bring this matter to Arbitration or any other course of redress available to the club.
