FIFA Football Agent Regulations - EN
FIFA Football Agent Regulations - EN
Regulations
Fédération Internationale de Football Association
President: Gianni Infantino
Secretary General: Fatma Samoura
Address: FIFA
FIFA-Strasse 20
P.O. Box
8044 Zurich
Switzerland
Telephone: +41 (0)43 222 7777
Internet: FIFA.com
FIFA FOOTBALL AGENT
REGULATIONS
4
TABLE OF CONTENTS
Definitions 6
I. GENERAL RULES 8
Article 1: Objectives 9
Article 2: Scope 9
Article 3: National football agent regulations 10
VI. DISPUTES 31
Article 20: Jurisdiction 32
TABLE OF CONTENTS
6
Definitions
For the purpose of these regulations, the terms set out in the FIFA Statutes, the FIFA
Regulations on the Status and Transfer of Players as well as the following definitions
(initial capitals) shall apply:
Agency: an organisation, entity, firm or private company retaining, comprising,
employing or otherwise acting as a vehicle for the business affairs of one or more
Football Agents.
Approach: (i) any physical, in-person contact or contact via any means of electronic
communication with a Client; (ii) any direct or indirect contact with another person
or organisation linked to a Client, such as a family member or friend; or (iii) any
action when a Football Agent uses or directs another person or organisation to
contact a Client on their behalf in the manner described in (i) or (ii) above.
Client: a member association, club, player, coach, or Single-Entity League that may
engage a Football Agent to provide Football Agent Services.
Connected Football Agent: a Football Agent is connected to another Football Agent
as a result of their: (i) being employed or contractually retained by the same Agency
through which Football Agent Services are conducted; (ii) both being directors,
shareholders in, or co-owners of the same Agency through which Football Agent
Services are conducted; (iii) being married to one another, domestic partners,
siblings of one another, or parent and child or stepchild; or (iv) them having made
any contractual or other arrangements, whether formal or informal, to cooperate,
on more than one occasion, in the provision of any services or to share the revenue
or profits of any part of their Football Agent Services.
Engaging Entity: a club, member association or Single-Entity League that may
engage a player or coach.
Football Agent: a natural person licensed by FIFA to perform Football Agent
Services.
Football Agent Services: football-related services performed for or on behalf
of a Client, including any negotiation, communication relating or preparatory to
the same, or other related activity, with the purpose, objective and/or intention of
concluding a Transaction.
Individual: player or coach.
Interest: (i) any beneficial ownership of a legal person through which the relevant
activities of those entities are conducted, except an ordinary and freely accessible
non-transferrable personal membership entitling its owner to a single vote in club
affairs; and/or (ii) being in a position that may enable the exercise of a material,
financial, commercial, administrative, managerial or any other influence over the
affairs of a natural or legal person whether directly or indirectly and whether
formally or informally.
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1
GENERAL RULES
I.
9
Article 1: Objectives
1. FIFA has a statutory obligation to regulate all matters relating to the football
transfer system. The core objectives of the football transfer system are to:
a) protect the contractual stability between professional players and clubs;
b) encourage the training of young players;
c) promote a spirit of solidarity between elite and grassroots football;
d) protect minors;
e) maintain competitive balance; and
f) ensure the regularity of sporting competitions.
2. Regulation of the occupation of Football Agent ensures that the conduct of
a Football Agent is consistent with both the core objectives of the football
transfer system and the following objectives:
a) Raising and setting minimum professional and ethical standards for the
occupation of Football Agent;
b) Ensuring the quality of the service provided by Football Agents to Clients
at fair and reasonable service fees that are uniformly applicable;
c) Limiting conflicts of interest to protect Clients from unethical conduct;
d) Improving financial and administrative transparency;
e) Protecting players who lack experience or information relating to the
football transfer system;
f) Enhancing contractual stability between players, coaches and clubs; and
g) Preventing abusive, excessive and speculative practices.
Article 2: Scope
4. Upon request, member associations must provide FIFA with a copy of their
national football agent regulations for review.
BECOMING A
FOOTBALL AGENT
II.
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1. An applicant must:
a) upon submitting their licence application (and subsequently thereafter,
including after being granted a licence):
i. have made no false or misleading or incomplete statements in their
application;
ii. never have been convicted of a criminal charge, including any related
settlements, regarding matters related to: organised crime, drug
trafficking, corruption, bribery, money laundering, tax evasion, fraud,
match manipulation, misappropriation of funds, conversion, breach
of fiduciary duty, forgery, legal malpractice, sexual abuse, violent
crimes, harassment, exploitation or child or vulnerable young adult
trafficking;
iii. never have been the subject of a suspension of two years or more,
disqualification or striking off by any regulatory authority or sports
governing body for failure to comply with rules relating to ethics and
professional conduct;
iv. not be an official or employee of FIFA, a confederation, a member
association, a league, a club, a body that represents the interests of
clubs or leagues or any organisation connected directly or indirectly
with such organisations and entities; the only exception is where
an applicant has been appointed or elected to a body of FIFA, a
confederation or a member association, representing the interests
of Football Agents;
v. not hold, either personally or through their Agency, any Interest in a
club, academy, league or Single-Entity League.
b) in the twenty-four months before the submission of a licence application,
never have been found performing Football Agent Services without the
required licence;
c) in the five years before the submission of a licence application (and
subsequently thereafter, including after being granted a licence):
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2. The member association may charge the applicant an exam fee, exclusively
to cover the reasonable costs of organising and holding the exam. Failure to
pay the exam fee before the exam will disqualify the applicant from sitting
the exam.
4. The exam will be a multiple-choice test prepared by FIFA and will test
knowledge of current football regulations, as established in the circular.
1. If an applicant passes the exam, they shall pay the annual licence fee to FIFA.
3. The applicant must pay the annual fee within ninety days of passing the exam.
Failure to do so will result in their application being automatically declared
void.
II.
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1. A licence:
a) is issued to a natural person for an indefinite period, subject to
article 17;
b) is strictly personal and non-transferable; and
c) authorises a Football Agent to conduct Football Agent Services on a
worldwide basis.
1. To maintain their licence, a Football Agent shall comply with the CPD
requirements on an annual basis.
ACTING AS A
FOOTBALL AGENT
III.
16
4. The following natural or legal persons may not have an Interest in any affairs
of a Football Agent or their Agency:
a) Clients
b) Any person who is ineligible to become a Football Agent under article
5 of these Regulations
c) Any person or entity that owns or holds, whether directly or indirectly,
any rights relating to the registration of a player, in violation of article
18bis or article 18ter of the RSTP
1. A Football Agent may only perform Football Agent Services for a Client after
having entered into a written Representation Agreement with that Client.
the Football Agent’s name, their Client, their FIFA licence number and their
signature.
III.
18
III.
20
9. A Football Agent may not receive a service fee when engaged to perform
Football Agent Services relating to a minor unless the relevant player is
signing their first or subsequent professional contract in accordance with
the law applicable in the country or territory of the member association
where the minor will be employed.
11. A Releasing Entity shall pay a service fee to a Football Agent following receipt
of each instalment of the transfer compensation due to the Releasing
Entity. The Releasing Entity shall duly inform the Football Agent of any such
instalments received.
12. A Football Agent is not entitled to receive any service fee not yet due
deriving from a negotiated employment contract where:
a) the Individual transfers to another Engaging Entity before the negotiated
employment contract expires; or
b) the negotiated employment contract is prematurely terminated by the
Individual without just cause and the Football Agent still represents the
Individual at the time of that termination.
13. All service fee payments to Football Agents shall be made through the FIFA
Clearing House in accordance with the FIFA Clearing House Regulations.
a)
If the FIFA Clearing House Regulations do not regulate service fee
payments to Football Agents when these Regulations enter into force,
payment shall be made directly to the Football Agent until such time that
the FIFA Clearing House Regulations regulate service fee payments.
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1. The service fee payable to a Football Agent for the performance of Football
Agent Services shall be calculated as follows:
a)
When representing an Individual or Engaging Entity: based on the
Individual’s Remuneration
b)
When representing a Releasing Entity: based on the transfer
compensation for the relevant Transaction
2. The maximum service fee payable for the provision of Football Agent
Services in a Transaction, regardless of the number of Football Agents
providing Football Agent Services to a particular Client, is:
Engaging Entity
and Individual 10% of the Individual’s 6% of the Individual’s
(permitted dual Remuneration Remuneration
representation)
Releasing Entity
(transfer 10% of the transfer compensation
compensation)
ACTING AS A FOOTBALL AGENT
III.
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ii. w
ithin 14 days of the first Transaction involving the Agency: the
number of Football Agents that use the same Agency to conduct their
business affairs and the name of all its employees; and
iii. within 30 days of occurrence: any changes to any of the information
previously provided in relation to the Agency.
III.
24
c)
upon request, cooperate with the relevant body of each member
association, confederation and/or FIFA with respect to any request for
any type of information in any form.
III.
RIGHTS AND
OBLIGATIONS OF
CLIENTS
IV.
27
1. Clients:
a) may engage a Football Agent to perform Football Agent Services, provided
that they do not choose to undertake such activities themselves;
b) shall pay the service fee agreed with a Football Agent in a timely manner
established by these Regulations and in accordance with the respective
Representation Agreement, employment contract and transfer
agreement (as applicable);
c) shall satisfy themselves that a Football Agent is appropriately licensed by
FIFA prior to signing the relevant Representation Agreement;
d) shall cooperate with the relevant body of each member association,
confederation and/or FIFA with respect to any request in relation to a
Football Agent made by those bodies;
e) may request from the Football Agent a schedule detailing all payments
of any kind whatsoever (including all remuneration, fees and expenses)
made by and/or regarding that Client;
f) (for clubs) shall upload to the FIFA Transfer Matching System (TMS)
within 14 days of occurrence:
i. the information requested in TMS on completion of each Transaction
that is an international transfer in which the club is involved;
ii. any amendment to, or termination of, a relevant Representation
Agreement;
iii. any agreement with a Football Agent other than a Representation
Agreement, including but not limited to Other Services, and the
information requested in TMS;
iv. the information requested in TMS following the payment of a fee
related to any agreement entered into with a Football Agent other
than a Representation Agreement; and
g) shall immediately report any breaches of these Regulations to FIFA, the
confederations or member associations.
RIGHTS AND OBLIGATIONS OF CLIENTS
IV.
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2. Clients (and their officials, when applicable) may not engage, or attempt to
engage, in the following conduct:
a) Engage or appoint an unlicensed person to perform Football Agent
Services;
b) Accept or request any undue personal, pecuniary or other advantage
from a Football Agent;
c) G
ive, offer or seek to offer consideration or a promise of any kind, either
directly or indirectly, to a Football Agent (or to any family member of,
or other person connected with, that Football Agent), other than the
service fee agreed;
d) For member associations, clubs and Single-Entity Leagues, interfere in,
or influence, the freedom of an Individual to select a Football Agent;
e) Participate, or assist, directly or indirectly, in any circumvention of the
service fee cap established by these Regulations;
f) H
ave an Interest in an Agency or the affairs of a Football Agent, in
accordance with article 11 paragraph 4 of these Regulations;
g) For member associations, clubs and single-entity leagues, either directly
or indirectly, induce or coerce an Individual to breach the terms of their
Representation Agreement with their Football Agent;
h) Fail to immediately report any breach of these Regulations to FIFA;
i) Permit a Football Agent or their Agency to have an Interest in them; or
j) Any other breach of these Regulations.
DISCLOSURE AND
PUBLICATION
V.
30
VI.
32
VII.
34
VIII.
36
Article 23: A
gents formerly licensed pursuant to the FIFA Players’
Agent Regulations
VIII.
38
1. If there are any discrepancies in the interpretation of the texts in the various
languages in which these Regulations are published, the English text shall
be authoritative.