Agents
FAQ & How to contact us
Here you can find a selection of the most frequently asked questions about the Football Agent Regulations. Watch this space: we will update it to reflect the questions we receive.
You can also download the full list of FAQs here:
A football agent is defined as a natural person licenced by FIFA to perform football agent services on behalf of a client with the purpose of concluding a transaction. Such a person may represent players, coaches, clubs, single-entity leagues and member associations (hereinafter “Clients”).
A transaction is:
the employment, registration or deregistration of a player with a club or a single-entity league;
the employment of a coach with a club, single-entity league or a member association;
the transfer of the registration of a player from one club to another; or
the creation, termination or variation of an individual’s terms of employment.
Only individuals licensed by FIFA as football agents are permitted to provide football agent services to Clients.
Football agent services are defined as 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.
A football agent may only perform football agent services for a Client after entering into a written “representation agreement” with that Client.
A representation agreement is “a written agreement [between a football agent and their Client] for the purpose of establishing a legal relationship to provide football agent services” (cf. Definitions in the FFAR) and must comply with the minimum requirements established in article 12 of the FFAR.
A representation agreement will only be valid if it is concluded in writing and if it contains the following minimum requirements:
The names of the parties
The duration (if applicable)
The amount of the service fee due to the football agent
The nature of the football agent services to be provided
The parties’ signatures
FIFA will provide interested parties with a template of a recommended standard representation agreement.
The period of validity of a representation agreement concluded between a player or a coach, as a Client, on one side, and a football agent, on the other, may not exceed two years. This term may be extended by a new representation agreement only. Any automatic renewal clause, or any other provision that purports to extend any term of the representation agreement beyond the maximum period, will be null and void.
In addition, a football agent may only execute one representation agreement with the same player or coach at any one time. Before entering into a representation agreement with a player or a coach, or before amending an existing representation agreement, the football agent must:
inform the player or coach in writing that they should consider taking independent legal advice in relation to the representation agreement; and
obtain the player’s or coach’s written confirmation that they have either obtained or decided not to take such legal advice.
There is no maximum duration for representation agreements concluded between a club, member association or single-entity league as a Client, on one side, and a football agent, on the other. A football agent may enter into multiple representation agreements with such Clients at any one time, subject to those agreements relating to different transactions.
The client-pays model is introduced by the FFAR. This means that, as a general rule, a football agent will be paid directly by their Client(s) for providing football agent services to them.
However, a club, member association or single-entity league may agree with a player or coach to pay the agreed service fee to a football agent in accordance with the representation agreement, provided that the player’s or coach’s negotiated annual remuneration (excluding any conditional payments) is less than USD 200,000 (or equivalent) and where certain other conditions are met.
A football agent may receive a service fee only if the fee corresponds to the services stipulated in advance in a representation agreement, and the representation agreement is in force at the time of the relevant football agent services being performed.
Since the main objective of the FFAR is to protect the integrity of football and the proper functioning of the transfer system, a maximum service fee (hereinafter the “Service Fee Cap”) is being introduced.
In that regard, the following Service Fee Cap applies based on the nature of the Client (cf. art. 15 of the FFAR):
Client | Service Fee Cap Individual’s annual remuneration less than or equal to USD 200,000 (or equivalent) | Service Fee Cap Individual’s annual remuneration above USD 200,000 (or equivalent) |
Individual | 5% of the individual’s remuneration | 3% of the individual’s remuneration |
Engaging entity | 5% of the individual’s remuneration | 3% of the individual’s remuneration |
Engaging entity and individual (permitted dual representation) | 10% of the individual’s remuneration | 6% of the individual’s remuneration |
Releasing entity (transfer compensation) | 10% of the transfer compensation | 10% of the transfer compensation |
The presumption established in article 15 para. 3 of the FFAR may generally rebutted by providing, for example, an accurate statement of work, invoices, contracts, correspondence or any other information and document that proves that the Other Services were genuinely and effectively performed, and that the fees charged correspond to the relevant contract and/or services rendered.
One of the main objectives of the FFAR includes “limiting conflicts of interest to protect Clients from unethical conduct” (cf. art. 1 par. 2 c) of the FFAR). It is legitimate – and in fact necessary – for FIFA to limit conflicts of interest that give rise to integrity concerns, and indeed to prohibit unjustifiable conflicts of interest.
In that sense, the general principle is that a football agent may only perform football agent services on behalf of one party in a transaction, subject to the sole exception under which a football agent may perform football agent services and other services for an individual and an engaging entity in the same transaction, i.e. dual representation (cf. art. 12 par. 8 of the FFAR).
If a football agent wishes to provide football agent services through dual representation to both an engaging entity and an individual in the same transaction, they may only do so if both of their Clients have explicitly agreed to it in advance and in writing. In this case, the engaging entity may pay up to 50% of the total service fee due to the football agent.
This means that a football agent may not perform football agent services or other services in the same transaction for:
a releasing entity and individual; or
a releasing entity and engaging entity; or
all parties of such transaction.
Other services are defined as “any services performed by a Football Agent for or on behalf of a Client other than Football Agent Services, including but not limited to, providing legal advice, financial planning, scouting, consultancy, management of image rights and negotiating commercial contracts” (cf. Definitions of the FFAR).
By way of illustration, if a football agent is performing football agent services or other services in a transaction for a releasing entity, they may not perform any of those services for any of the other parties to that transaction (engaging entity or individual).
As an important step in ensuring that any disputes concerning the football agent services are resolved fairly and equally for all participants in the transfer system, FIFA dispute resolution systems are being reintroduced under the FFAR for disputes arising out of, or in connection with, a representation agreement with an international dimension. In other words, FIFA will have jurisdiction to resolve disputes between football agents and Clients in relation to representation agreements with an international dimension.
A representation agreement will have an international dimension whenever:
it governs football agent services related to a specified transaction in connection with an international transfer (or a move of a coach to a club affiliated to a different member association than their previous employer or the move of a coach to another member association than their previous employer); or
it governs football agent services related to more than one specified transaction, one of which is connected to an international transfer (or a move of a coach to a club affiliated to a different member association than their previous employer or the move of a coach to another member association than their previous employer).
The procedural costs for such disputes involving football agents and Clients will be free of charge before the Agents Chamber of the Football Tribunal.
Furthermore, please note that the Agents Chamber of the Football Tribunal will deal with any disputes as from 1 October 2023 and regarding representation agreements entered into by a football agent and Clients on or after the said date.
The decision-making body identified in the national football agent regulations of the relevant member association has jurisdiction to determine disputes arising out of, or in connection with, a representation agreement with no international dimension.
In addition to the jurisdiction to resolve contractual disputes, FIFA will also have competence to enforce further provisions of the FFAR, regardless of the existence of a contractual dispute. This competence will notably concern the possible imposition of sanctions for behaviour in violation of the FFAR.
The competence to enforce such further provisions of the FFAR depends on the circumstances of each specific case and, in particular, on the nature of the conduct of the football agent and client. FIFA will generally have jurisdiction regarding:
any conduct connected to a representation agreement with an international dimension (cf. art. 2 par. 2); and
any conduct connected to an international transfer or international transaction.
In other words, whereas the jurisdiction for contractual disputes generally depends on the existence of a representation agreement with an international dimension, the competence to enforce further provisions of the FFAR, notably to impose sanctions, is defined more broadly. It is triggered as soon as a specific case is connected to an international transfer or an international transaction.
On the other hand, the relevant member associations are responsible for enforcing their respective national football agent regulations and, as the case may be, imposing sanctions on any football agent or Client that violates such national football agent regulations.
This means that the relevant member association will have jurisdiction over:
any conduct connected to a representation agreement without an international dimension (cf. art. 2 par. 3); or
any conduct connected to a national transfer or national transaction.
By way of illustration, if an agent acts in a purely national context, e.g. advises a player about signing their first employment contract with a club (not connected with an international transfer), this will fall within the remit of the respective national football agent regulations. Therefore, any breach of such regulations will fall within the competence of the concerned member association.
On the other hand, as soon as there is an international element (notably where a representation agreement has an international dimension and/or the conduct relates to an international transfer or international transaction), the FFAR will apply, and FIFA will have the competence to enforce the FFAR.
A table explaining which body had the competence to enforce the FFAR:
Conduct connected with | Competence |
Representation agreement with an international dimension International transfers or an international move of a coach Ongoing licensing requirements (Eligibility requirements, FIFA’s continuing professional development requirements, annual fee payment) | FIFA |
Representation agreement without an international dimension National transfers First professional contract (not connected with an international transfer) Renegotiation of an employment contract in a purely domestic context | Member Association |
The FFAR will enter into force as follows:
9 January 2023: articles 1 to 10 and articles 22 to 27, which generally relate to the processes for obtaining a licence
On 1 October 2023: the remaining articles, which generally relate to acting as a football agent and the obligations of football agents and Clients.
This means that the provisions that regulate how to become a football agent, i.e. the licensing procedure, will enter into force on 9 January 2023, while the provisions regarding the activity of football agents will enter into force only on 1 October 2023. This is to allow sufficient time for interested individuals to become fully licensed as football agents in accordance with the FFAR.
As from 1 October 2023, any individual who provides football agent services to a Client must hold a licence issued by FIFA in accordance with the FFAR. This means that intermediaries in the context of the FIFA Regulations on Working with Intermediaries will not be able to perform football agent services for Clients as from 1 October 2023.
Each member association must implement and enforce national football agent regulations by 30 September 2023 with the aim of regulating the activity of football agents at national level. These national football agent regulations will apply to all representation agreements that have no international dimension (cf. arts 2 and 3 of the FFAR).
FIFA will make the relevant templates for the national football agent regulations available on www.fifa.com/legal. These can be used by member associations and will provide assistance in resolving any outstanding questions. Most of the member associations have already assigned a contact person to the FIFA Agents Department to deal with the licensing and regulatory matters concerning the FFAR.
Following the approval of the national football agent legal framework by 30 September 2023, the member associations are instructed to provide a copy of their domestic regulations to FIFA in one of the official FIFA languages. Any amendment or change to the national football agent regulations must be reported to FIFA in the same manner within 30 days of their approval. Upon request, member associations must provide FIFA with a copy of their national football agent regulations for review.
A representation agreement that is in force at the time the FFAR are approved will remain valid until its natural expiry and may not be extended.
Any new representation agreements or renewals of existing representation agreements concluded after the FFAR are approved must comply with the FFAR as from 1 October 2023. In other words, where necessary, contractual terms will have to be amended to be in compliance with the FFAR as per 1 October 2023, to avoid possible sanctions. For the avoidance of doubt, FIFA will not enforce any commission claim in excess of the applicable service fee cap (or any decision granting such a claim), if such claim has been triggered after 1 October 2023, even if it is based on a contract concluded between the approval of the FFAR and 30 September 2023 (inclusive).
In any event, any person who has entered into any such existing representation agreement must obtain a licence pursuant to the FFAR to continue providing football agent services as from 1 October 2023 (cf. art. 22 par. 3 of the FFAR). Otherwise, they may not provide football agent services after that date.
FIFA will establish a Football Agent Working Group composed of representatives of professional football stakeholders and agent organisations, which will act as a permanent consultative body in relation to any football agent-related matters.
The following timeline applies immediately, upon approval of the FFAR:
Item | Date |
FFAR partially enters into force (articles 1 to 10 and 22 to 27) | 9 January 2023 |
FIFA Agent Platform goes live | 9 January 2023 |
Licensing application window opens for the first FIFA football agent exam | 9 January 2023 |
Last date to apply for the first FIFA football agent exam | 15 March 2023 |
First FIFA football agent exam | 19 April 2023 |
Licensing application window opens for the second FIFA football agent exam | 1 May 2023 |
Last date to apply for the second FIFA football agent exam | 31 July 2023 |
Second FIFA football agent exam | 20 September 2023 |
Deadline for Legacy Football Agents to submit a request for a FIFA football agent licence | 30 September 2023 |
Deadline for member associations to introduce national football agent regulations | 30 September 2023 |
Last day on which intermediaries (under the FIFA Regulations on Working with Intermediaries) may perform football agent services without a FIFA football agent licence | 30 September 2023 |
Remaining articles of the FFAR come into force | 1 October 2023 |
Obligation to use FIFA licensed agents enters into force | 1 October 2023 |
Deadline to apply for the third FIFA football agent exam | 1 January 2024 to 31 March 2024 |
Third FIFA football agent exam | May 2024 (to be confirmed) |
Deadline to apply for the fourth FIFA football agent exam | 1 July 2024 to 30 September 2024 |
Fourth FIFA football agent exam | November 2024 (to be confirmed) |
Payments to football agents via the FIFA Clearing House | To be confirmed |
FIFA football agent exams in 2025 and beyond | To be confirmed |
To obtain a licence to act as a football agent, a natural person (hereinafter the “Candidate”) must:
submit a complete application via the FIFA Agent Platform (hereinafter the “Agent Platform”) on agents.fifa.org;
comply with the eligibility requirements (cf. art. 5 of the FFAR);
successfully pass the football agent exam conducted by FIFA (cf. art. 6 of the FFAR); and
pay an annual fee to FIFA (cf. art. 7 of the FFAR).
The failure of a Candidate to satisfy any of the eligibility requirements will result in:
their being prohibited from sitting the FIFA football agent exam; and
their licence application being denied.
The FIFA general secretariat is responsible for investigating compliance with the eligibility requirements. In that regard, any Candidate who receives a notice requesting information from the FIFA general secretariat must cooperate in full by complying, upon reasonable notice, with requests for any documents, information or any other material of any nature held by it, as well as with requests to procure and provide any documents, information or any other material of any nature not held by the Candidate but which they are entitled to obtain. Failure to comply with these requests from the FIFA general secretariat may lead to sanctions being imposed by the FIFA Disciplinary Committee. If requested by the FIFA general secretariat, documents (or excerpts) must be provided in English, French or Spanish.
In addition, each member association must assist FIFA in investigating any potential non-compliance with the eligibility requirements established under article 5 of the FFAR, by providing all relevant information at its disposal or requested by FIFA.
Notification of failure to satisfy the eligibility requirements will be made by the FIFA general secretariat. If no such notification is made, the Candidate may take the FIFA football agent exam.
This notification will be considered a final decision by the FIFA general secretariat for the purposes of article 57 paragraph 1 of the FIFA Statutes.
As from 9 January 2023, a natural person may apply for a licence to act as a football agent via the Agent Platform. However, the FIFA football agent exam will only be held periodically and applications to sit the exam will only be accepted during specific windows.
In 2024 and 2025, FIFA will hold two football agent exams each calendar year, in May and November. The following application deadlines will apply:
31 March 2024/2025 for exam in May 2024/2025; and
30 September 2024/2025 for exam in November 2024/2025.
As from 2026, FIFA will hold one football agent exam in May each year. Every year, the application deadline will be 31 March.
The exact dates of each exam will be made available on FIFA.com and the Agent Platform. The exam will be scheduled to take place on one day only.
Please consult the following user guide where you will find information on how to register in the FAP.
The FIFA football agent exam will test Candidates’ knowledge of the FIFA regulations that govern the football transfer system, as well as relevant case studies. The regulations are:
FFAR;
FIFA Regulations on the Status and Transfer of Players;
FIFA Statutes;
FIFA Code of Ethics;
FIFA Disciplinary Code; and
FIFA Guardians: Child Safeguarding Toolkit.
Please note that additional FIFA regulations may be included in the exam by the FIFA general secretariat. Please always make sure to check the newest version of the study materials available in the Platform.
There is no formal educational requirement to take the exam nor are there exemptions based on a Candidate’s profession (e.g. for lawyers, accountants, former players or coaches). The only exemption from the exam will be given to:
individuals formerly licensed as agents pursuant to the FIFA Players’ Agent Regulations (1991, 1995, 2001 or 2008 edition), as detailed below; and
individuals licensed in accordance with the national licensing systems governed by domestic national law of the territory of each member association, provided that such exemptions are approved by FIFA following a request by the relevant member association on the Agent Platform.
The exam will be held online in English, French and Spanish for all Candidates and the same database of questions will be used regardless of the testing venue. Each Candidate will receive a unique set of automatically generated questions from the FIFA database.
The following conditions apply to each exam (cf. art. 6 of the FFAR):
It will be invigilated by a member association.
It will be taken at a member association-approved venue.
Each Candidate must use their own personal computing device (e.g. laptop) and their own internet hotspot to complete the exam (no mobile phones allowed) in accordance with the Football Agent Exam Rules available on the Agent Platform.
It will consist of 20 multiple-choice questions (single or several answers may be correct) with each correct answer worth 5% of the total mark.
Each Candidate will take the exam individually. Candidates will be allowed to consult materials on the Agent Platform or their own materials (i.e. it will be an open book exam), but may not consult any other person (by any means) while taking the exam.
It will last 60 minutes and the pass mark will be 75%.
A Candidate fails an exam if:
they score a mark of 74% or lower;
they fail to attend;
the member association that invigilates the exam determines that the Candidate acted dishonestly when sitting it;
they fail to prove their identity to the relevant member association;
they fail to pay the fee to the relevant member association (if applicable); or
they fail to bring a working, compatible personal computing device and/or internet hotspot to the exam.
If a Candidate fails an exam, they may retake it on the next available date. If they were deemed to have acted dishonestly when sitting the exam or scored a mark of 74% or lower, they may request within five days of the relevant notification written reasons for their failure or a review of their exam result, respectively.
FIFA reserves the right to introduce a proctoring system to add credibility to the scoring of each Candidate, should it see fit to do so.
For further information regarding the exam, Candidates should study and comply with the exam rules that will be made available on the Agent Platform. A pilot/demonstration of the exam will be made available on the Agent Platform.
The exam will be delivered online at the premises of all member associations (or member association-approved premises if necessary for logistical reasons) and each member association will have to comply with the minimum level of testing requirements and standards prescribed by FIFA to allow Candidates to take the exam.
FIFA will provide the relevant training to member association staff, but the organisation of all local logistical and administrative duties in relation to the exam will be carried out by each respective member association, including, but not limited to:
providing an appropriate testing venue for the Candidates, subject to public health and safety limitations;
updating the relevant logistical information for the exam on the Agent Platform;
ensuring that the identity of each Candidate for the exam matches their application documentation;
overseeing the testing venue to ensure a fair, honest and transparent testing procedure;
reporting any identified issues or concerns in relation to the Candidates and the exam to FIFA via the Agent Platform; and
(optional) providing a stable wireless internet connection to Candidates voiding Candidates’ requirement to provide a personal hotspot and specifying that on the Agent Platform.
Please note that Candidates wishing to take the exam will be free to choose a testing venue from a number of locations worldwide.
“The licence fee to be paid to FIFA is USD 600, due by 30 September each year, as stipulated on the Agent Platform. It is to be paid electronically via the Agent Platform.
As from 1 October 2024, the licence fee paid to FIFA for all Football Agent licence renewals will be reduced to USD 300 for each subsequent licensing period.
Those individuals that obtain their Football Agent licence for the first time will pay the full amount of USD 600 for the first licensing period, with subsequent yearly payments being reduced to USD 300.
By way of example, if a candidate passes the exam in May 2024, they need to pay the annual fee of USD 600 within 90 days. Then, before 1 October, that same Football Agent will pay USD 300 for each consecutive licence year.
It covers the full licence fee and ensures free access to the Agent Platform, FIFA’s continuing professional development (“CPD”) programme and the relevant dispute resolution procedures within the Agents Chamber of the Football Tribunal.
The member associations may not charge a football agent any registration fee, unless permitted to do so by national law.”
The licence issued by FIFA authorises a football agent to conduct football agent services anywhere in the world.
It is issued for an indefinite period, subject to ongoing licencing requirements (please see the next section) and is strictly personal and non-transferable.
In accordance with article 17 of the FFAR, football agents must:
meet the eligibility requirements at all times (cf. art. 5 of the FFAR);
pay the annual licence fee to FIFA within the deadline stipulated on the Agent Platform (article 7 of the FFAR);
comply with the CPD requirements (cf. art. 9 of the FFAR); and
comply with their reporting obligations (cf. art. 16 par. 2 and 4 of the FFAR).
If they fail to comply with these requirements, their licence will automatically be provisionally suspended.
In line with FIFA’s commitment to ensure the quality of the services provided by football agents to their clients worldwide, FIFA has designed a continuing professional development (CPD) programme. The aim of the programme is to provide football agents with an in-depth analysis of the main regulatory and institutional topics and a handson approach to key aspects of agency in football that will ensure that they have the necessary level of professional expertise for the football transfer market.
FIFA’s CPD programme has several learning paths and courses on different topics relevant to football agents, which are all in digital format, accessible on a dedicated e-Learning platform via the Agent Platform, and included in the licence fee.
As set out in article 9 of the FFAR, to maintain their licence, a football agent must comply with the CPD requirements on an annual basis. In this regard, we would note the following:
A football agent must earn a minimum of 20 credits per CPD calendar year (hereinafter the “CPD Requirements”).
A CPD calendar year runs from 1 October to 30 September each year.
Football agents must comply with the CPD Requirements by 30 September of each year.
Each course will be assigned a certain number of credits depending on its complexity, length and relevance.
CPD credits are only awarded to the football agent if they complete the course and successfully pass an assessment at the end of each course (with a score of at least 80%).
CPD credits will be awarded and re-awarded by FIFA every October.
CPD credits earned in one calendar year may not be used in a different calendar year to meet the CPD Requirements.
A football agent may revisit learning paths and courses that they have already taken, even if they have achieved the respective CPD Requirements of that calendar year.
Every ten years, from the first CPD calendar year, the CPD Requirements will be reduced by 25% (e.g. in the 11th year as from the first CPD calendar year, the football agent must earn 15 credits, rather than 20).
If a football agent fails to meet the CPD Requirements, their licence will automatically be provisionally suspended.
If a football agent fails to comply with the CPD Requirements within 60 days of their licence being provisionally suspended, the licence will be automatically withdrawn.
Any approach to enter into, and/or any subsequent execution of any representation agreement with a minor or their legal guardian in relation to any football agent services will only be allowed six months before the minor reaches the age at which they may sign their first professional contract in accordance with the law applicable in the country or territory of the member association where the minor will be employed (cf. art. 13 par. 1 of the FFAR). A minor may only be approached after obtaining prior written consent from the minor’s legal guardian.
Furthermore, a football agent that wishes to represent a minor or a club in a transaction involving a minor must first successfully complete the mandatory designated CPD course on minors (cf. art. 13 par. 2 of the FFAR) that will be made available via the Agent Platform. They must then pass an assessment at the end of the course to gain the relevant accreditation. Furthermore, they must comply with any requirement to represent a minor established by the applicable law in the country or territory of the member association where the minor will be employed.
After successfully completing the designated CPD course on minors, a football agent will gain accreditation to take part in transactions involving a minor for three years. Such accreditation can be renewed by retaking the designated CPD course.
Finally, a valid representation agreement needs to be co-signed by the minor’s legal guardian as provided by the law of the territory or country of the member association where the minor will be employed.
As set out in article 23 of the FFAR, an individual formerly licenced as an agent pursuant to the FIFA Players’ Agent Regulations (1991, 1995, 2001 or 2008 edition) may be exempt from the FIFA football agent exam, subject to compliance with the relevant requirements established by the FFAR (hereinafter the “Legacy Football Agent”), in particular by submitting an application for a licence up to and including 30 September 2023.
The failure of a Legacy Football Agent to satisfy the relevant requirements will result in their licence application being denied.
The FIFA general secretariat is responsible for investigating compliance with those requirements. Any potential Legacy Football Agent that receives a notice requesting information from the FIFA general secretariat must cooperate in full by complying, upon reasonable notice, with requests for any documents, information or any other material of any nature held by it, as well as with requests to procure and provide any documents, information or any other material of any nature not held by the Legacy Football Agent but which they are entitled to obtain. Failure to comply with these requests from the FIFA general secretariat may lead to sanctions being imposed by the FIFA Disciplinary Committee. If requested by the FIFA general secretariat, a document (or an excerpt) must be provided in English, French or Spanish.
Each member association must assist FIFA in investigating any potential non-compliance with the relevant requirements established under article 23 of the FFAR by providing all relevant information at its disposal or requested by FIFA.
Notification of a failure to satisfy the requirements will be considered a final decision by the FIFA general secretariat for the purposes of article 57 paragraph 1 of the FIFA Statutes.
If a Legacy Football Agent meets the relevant conditions, they will be issued a license in accordance with article 8 of the FFAR. They will subsequently be subject to the ongoing licencing requirements set out in the FFAR (cf. art 17 of the FFAR), with the exception that they will be required to earn 40 credits per CPD calendar year for five years (hereinafter the “Legacy CPD Requirements”) as from October. Once those five years have elapsed, they will be subjected to the CPD Requirements like any other football agent. All the remaining CPD conditions set out above will apply.
In addition, in countries or territories where national law for licensing sports agents exists for services equivalent or similar to football agent services, such licensing systems may be recognised by FIFA subject to the fulfillment of conditions established in article 24 of the FFAR. If that is the case, any person licensed to perform services equivalent to football agent services in those countries or territories may be exempt from the FIFA football agent exam and be issued a licence, subject to compliance with the relevant requirements established by the FFAR (“National Law Football Agent”). They will also subsequently be subject to the Legacy CPD Requirements for five years as from October of that calendar year. Once those five years have elapsed, they will be subjected to the CPD Requirements like any other football agent. All the remaining CPD conditions set out above will apply.
The transition period from 16 December 2022 up to 30 September 2023 can be explained as follows:
1. Representation agreements entered into prior to 16 December 2022: Representation agreements concluded prior to 16 December 2022 remain entirely unaffected, whether a Transaction occurs post 16 December 2022 or post 1 October 2023 only. However, such agreements may not be extended. in practice, this means that the FFAR doesn’t apply to such contracts (for example in relation to the amount of commission, duration, etc.). Example: An intermediary entered into a club-intermediary representation agreement on 1 July 2022. It complies with the relevant intermediaries’ regulations and all applicable laws. It provides that the intermediary will provide intermediaries services to the club on any future sale of the registration rights of their players for a period of 5 years. For those intermediary services, the intermediaries is entitled to a commission of 20% of any transfer compensation. This representation agreement is still valid until its original expiration date and its content does not breach the FFAR. The relevant intermediary regulations and governing law of the contract shall apply. Further, the Agents Chambers doesn’t have jurisdiction for potential claims connected with that representation agreement. 2. Representation agreements entered from 16 December 2022 up to 30 September 2023: For representation agreements entered into from 16 December 2022 up to 30 September 2023, the following principle applies: Up to 30 September 2023, such agreements remain unaffected by the FFAR. If a transaction (e.g., registration of player, renegotiation of an employment contract, etc.) connected to that representation agreement occurs up to 30 September 2023, the FFAR will not impose limitations (e.g., on an agreed commission) and the FIFA Agents Chambers will not have jurisdiction. Example: An intermediary entered into a club-intermediary representation agreement on 3 January 2023. It complies with the relevant intermediaries’ regulations and all applicable laws. That agreement provides that the intermediary will provide intermediaries services to the engaging club on negotiating an employment agreement regarding a certain player. This transaction is completed on 20 January 2023. For those intermediary services, the agreement establishes that the intermediary is entitled to a commission of 20% of the player remuneration. This representation agreement is still valid and its content does not breach the FFAR. The relevant intermediary regulations and governing law of the contract shall apply. Further, the Agents Chambers doesn’t have jurisdiction for potential claims connected with that representation agreement. As from 1 October 2023 (and therefore also for transactions occurring as from then), such a representation agreement has to be compliant with the FFAR. This means that its terms have to be amended so that they become compliant with the FFAR. In particular, the agreed commission rate must be brought in compliance with the FFAR. Likewise, as from 1 October 2023, the relevant football agent services may be provided only by agents holding a licence as per the FFAR. Example: An intermediary entered into a club-intermediary representation agreement on 3 January 2023. It complies with the relevant intermediaries’ regulations and all applicable laws. That agreement provides that the intermediary will provide intermediaries services to the engaging club on renegotiating an employment agreement regarding a certain player and it provides for a commission of 20%. The relevant transaction is completed on 1 November 2023. In order to avoid a breach of the FFAR, the following must occur: In order for that intermediary to continue providing football agent services, they need to obtain a licence as per the FFAR and amend the representation agreement to be compliant with the FFAR as from 1 October 2023. Specifically, the commission must be brought to compliance with the service fee cap as per the FFAR. 3. Representation agreements entered as from 1 October 2023: All representation agreements concluded as from 1 October 2023 have to fully comply with the FFAR. For disputes arising from representation agreements with a sufficient international dimension (as defined in the FFAR), concluded as from 1 October 2023, the Agents Chamber in principle has jurisdiction.
Yes, presuming the validity of the representation agreement and the successful provision of services. However, such representation agreements will not be enforceable within the Agents Chamber. Furthermore, the renewal of any existing representation agreement after the approval of the FFAR is subject to the validity requirements in the FFAR. A renewal which does not respect such requirements will be deemed unenforceable by the Agents Chamber.
No. This means that any payments agreed to be made to an intermediary under such Representation Agreement (whether by a club or by or on behalf of a player) can be made pursuant to such arrangements without reference to the service fee caps contained in the FFAR, even if some of those payments may fall due after 1 October 2023. Example: An intermediary entered into a club-intermediary representation agreement on 3 January 2023. It complies with the relevant intermediaries’ regulations. That agreement provides that the intermediary will provide intermediaries services to the engaging club on negotiating an employment agreement regarding a certain player. This transaction is completed on 20 January 2023. For those intermediary services, the agreement establishes that the intermediary is entitled to a commission of 20% of the player remuneration. The commission is to be paid in instalments that fall due in January and July 2024. Such payments are unaffected by the FFAR and do not breach the FFAR. The relevant intermediary regulations and governing law of the contract shall apply. Further, the Agents Chambers doesn’t have jurisdiction for potential claims connected with that representation agreement.
No. The intermediary concerned needs to become a football agent licensed by FIFA in order to continue providing football agent services under that existing representation agreements. All existing representation agreements with a natural expiration of 1 October 2023 or later at the time that FFAR are approved shall remain valid until their natural expiration. Those contracts will be not required to be uploaded to the Agent Platform but it will not be possible to enter into new representation agreements without an involvement of a Football Agent after 1 October 2023.
Example: An intermediary enters into a representation agreement with a player in January 2023 for a period of two years where it was established that the service fee due to such intermediary is 15% of the player’s remuneration. Only in January 2024, the intermediary (now football agent licensed by FIFA) provides football agent services to the player by negotiating an annual fixed remuneration of USD 100,000. However, since the FFAR is already in force, that football agent may only charge 5% of the player salary.
As mentioned, the intermediary concerned needs to become a football agent licensed by FIFA, should the intermediary wish to continue providing football agent services under that existing representation from 1 October 2023 onwards. If that person fails to obtain a license, the person may no longer provide football agent services as from the mentioned date. Should football agent services still be provided, both the client and the agent may be sanctioned. The FFAR doesn’t establish any consequence for that person’s pre-existing Representation Agreements, in case a concerned agent may no longer be able to render the contractually stipulated services. Thus, the consequences to those agreements shall in principle be assessed by the relevant national law that govern those pre-existing Representation Agreements. If a representation agreement is concluded as from 1 October 2023 and if (for failure to obtain a licence) the concerned agent is in no position to provide the stipulated services under the FFAR, in case of dispute, it will be up to the Agents’ Chamber to determine the respective consequences on that representation agreement, provided the Agents’ Chamber has jurisdiction to hear such a dispute.
(By way of example, in August 2023, a scholarship contract is concluded, together with agreed terms for a future professional contract, which will enter into effect after the 1st of October 2023; as another example, reference is made to pre-contracts or similar agreements that are concluded in August 2023, with agreed terms for a future professional contract, which will enter into effect after the 1st of October 2023).
First, it appears that this question concerns mostly the relevant national football agent regulations, as this will often be a domestic matter.
Further, under the assumption that in such cases, (i) all relevant Football Agent Services have genuinely and effectively been performed prior to 1st October 2023, and (ii) that the relevant contractual structure is not being used as a way to circumvent the FFAR during this transition period, it would appear that in both examples, the Football Agent Services connected with both of the respective contracts have been performed and concluded already before the 1st October. Therefore, the FFAR would not apply, even if certain acts to execute such agreements happen after the 1st October 2023.
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