The Impact of International Sanctions on Athletes and Clubs – Transfer and Competition Restrictions
1. Introduction
In recent years, tensions in international politics have directly impacted the world of sports.
Events such as the Russia-Ukraine war, sanctions against Iran and Syria, and the banning of some clubs from competitions and the blocking of athlete transfers as a result of FIFA and UEFA decisions have brought the "impact of international sanctions on sports law" to the forefront.
This article examines the effects of sanctions imposed by the United Nations (UN), the European Union (EU), the United States, and Turkey athletes' freedom of contract, transfer rights, and club liability .
2. Legal Basis of International Sanctions
International sanctions are generally imposed through these three sources:
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UN Security Council Resolutions (e.g., Resolution 1267 on al-Qaeda sanctions),
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EU Council Decisions (e.g., sanctions against Russia),
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US OFAC (Office of Foreign Assets Control) lists.
These sanctions include financial transaction restrictions, travel bans, and asset freezes. From a sports law perspective, these measures can directly affect a club's or athlete's participation in international tournaments
CAS 2022/A/8700 – Russian Olympic Committee v. IOC:
“Although sanctions conflict with the principle of political neutrality in sport, they are legally valid insofar as they serve international public order.”
3. Clubs Subject to Financial Sanctions
The area most frequently affected by sanctions is payment restrictions in transfer transactions.
For example, when a Russian club's access to EU banks is blocked, paying the transfer fee becomes virtually impossible.
Turkish Code of Obligations, Article 136 – Impossibility of Performance:
"If the performance of a debt becomes impossible due to a reason beyond the debtor's control, the debt is extinguished."
Therefore, if payment cannot be made due to a sanction, this is considered "legal impossibility."
However, the club cannot escape responsibility if it could foresee the sanction beforehand .
4. Athlete Contracts and Force Majeure
The sanctions are related to the "force majeure" clause in athlete contracts.
FIFA Regulations on the Status and Transfer of Players (Article 14 bis) ,
"The athlete has the right to terminate the contract in extraordinary circumstances that make its performance impossible."
CAS 2022/A/8934 – Player v. Russian Club:
"The player's inability to return to his country due to EU sanctions constitutes force majeure."
This decision demonstrates that the sanctions allow the athlete to unilaterally terminate the contract.
5. Competition Restrictions and Club Rights
FIFA and UEFA can ban certain clubs from tournaments under the principle of international peace. The legal basis for these decisions is the principle of "public safety" within the framework of Lex Sportiva
CAS 2022/A/8729 – FC Zenit v. UEFA:
"UEFA's decision to ban the club from the competition for security reasons is an administrative measure, not a sporting sanction."
However, clubs can appeal to CAS, arguing that such decisions are disproportionate
6. Application from the Perspective of Turkish Law
Even when Turkey is not a party to international sanctions, it indirectly implements these measures through decisions by MASAK ( Financial Crimes Investigation Board ) and the Ministry of Treasury and Finance . For example, when a transfer agreement is made with a club subject to sanctions:
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Banks may reject the transaction
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Payment may get stuck in the SWIFT system
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The Turkish Football Federation (TFF) may not grant the license.
MASAK Circular No. 19:
"Sports clubs that conduct financial transactions with sanctioned individuals or entities will be subject to administrative sanctions for breach of obligation."
7. Athlete Grievances and Redress Procedures
As a direct result of sanctions:
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Players are not receiving their salaries
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Clubs' contract renewals are being cancelled
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Agent commissions cannot be paid.
In this case, the athlete can appeal to the FIFA Dispute Resolution Chamber (DRC) or the Court of Arbitration for Sport (CAS)
CAS 2022/A/8910 – Player v. Federation:
“Since the contract was terminated due to sanctions and the termination was not at fault on the part of the athlete, all compensation will be paid by the club.”
8. Club Adaptation Strategies
Measures clubs can take against the risk of sanctions:
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Using sanctions screening systems (OFAC, EU, UN lists) ,
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Adding a " sanction clause " to transfer agreements ,
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Creating a MASAK compliance policy for crypto or alternative payment channels ,
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Following international precedents by monitoring CAS decisions.
9. Case Studies and Applications
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Chelsea FC (2022): The club entered a sale process after sanctions were imposed on its owner, Abramovich.
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Belarus Football Federation: Temporarily suspended from UEFA competitions.
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Russian athletes (2022): Participated in the Olympics under an independent flag, by IOC decision.
While these examples show that sport cannot be completely independent of politics, the principles of proportionality and individuality must always be upheld.
10. Conclusion and Evaluation
International sanctions directly affect the economic and ethical structure of sport. Clubs and athletes must assess the risk of sanctions when signing contracts. Authorities such as the Turkish Football Federation (TFF) and FIFA must adhere to the principles of proportionality, fairness, and human rights when implementing sanction decisions .
Sport is a tool of “soft power” in international relations; however, when this power under the guidance of the law it creates harm.
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