The new Premier League law change that would have cast doubt on Newcastle United Saudi takeover

The Premier League has made several changes to its owners’ and directors’ test - 17 months after the PIF-led takeover of Newcastle United was approved.
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English top-flight clubs have “unanimously approved” a number of changes to the Owners’ and Directors’ Test (OADT), the Premier League has announced following a shareholders meeting today.

As Newcastle United discovered during the takeover of the Public Investment Fund of Saudi Arabia, PCP Partners and RB Sports & Media, new owners and directors are subject to passing the OADT.

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In a lengthy statement released by the Premier League, clubs have agreed on a number of amendments and reforms to OADT, which will kick in with immediate effect.

(Photo by Catherine Ivill/Getty Images)(Photo by Catherine Ivill/Getty Images)
(Photo by Catherine Ivill/Getty Images)

One of the changes is a new disqualifying event for human rights abuses, based on Global Human Rights Sanctions Regulations 2020. Had that been in place originally, doubt would have likely been cast over the Saudi Arabian-led deal for Newcastle.

During the 18-month takeover process, human rights group Amnesty International often accused Saudi Arabia of “trying to sportwash their abysmal human rights records”, while the fiancee of murdered journalist Jamal Khashoggi urged the Premier League to block the takeover.

The £305million was eventually approved in October 2021. Shortly after, Amnesty International met with the Premier League to discuss a “revised human-rights compliant” OADT.

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“The current rules concerning who owns and runs English football clubs are woefully inadequate, with no bar on ownership for those complicit in acts of torture, slavery, human trafficking or even war crimes,” said Amnesty UK boss Sacha Deshmukh.

“The Saudi buyout of Newcastle United always looked like an attempt to sportswash Saudi Arabia’s appalling human rights record with the glamour and prestige of the Premier League and top-flight football.

“Under Mohammed bin Salman’s leadership, government critics and human rights defenders have been jailed, civilian deaths from Saudi bombing in Yemen have mounted inexorably, and the grotesque killing of Jamal Khashoggi has been subject to a whitewash.

“There is now huge disquiet over the cynical use of English football to sportswash human rights abuse.

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“We’re keen to discuss with Richard Masters our ideas for a human rights-compliant Owners’ and Directors’ test which can help weed out unsuitable owners complicit in human rights violations, as well as reducing sportswashing and generally improving governance within the game.”

The Newcastle takeover stalled at the OATD stage, not because of human rights concerns, but because of a separation issue between PIF and the Saudi state. Following an 18-month process, the Premier League approved the deal in October 2021 after gaining “legally-binding assurances” that Newcastle would not be controlled by the Saudi state.

It has been announced that decisions taken by the Premier League Board under the OADT will be subject to review by a new Independent Oversight Panel.

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