FIFA Football Agent Regulations DEC 2024 EN v2-1
FIFA Football Agent Regulations DEC 2024 EN v2-1
Regulations
Fédération Internationale de Football Association
President: Gianni Infantino
Secretary General: Mattias Grafström
Address: FIFA
FIFA-Strasse 20
P.O. Box
8044 Zurich
Switzerland
Telephone: +41 (0)43 222 7777
Website: FIFA.com
FIFA FOOTBALL AGENT
REGULATIONS
4
TABLE OF CONTENTS
Definitions6
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
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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:
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.
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-transferable 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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Platform: the digital platform operated by FIFA through which the licensing
process, dispute resolution process, continuing professional development (CPD)
and reporting shall occur.
RSTP: the FIFA Regulations on the Status and Transfer of Players, as amended from
time to time.
Specified Transaction: a Transaction where all of the parties involved are defined
and identified.
Terms referring to natural persons are applicable to both genders. Any term in the
singular applies to the plural and vice versa.
DEFINITIONS
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GENERAL RULES
I.
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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
employer); or
b) 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
from that of their previous employer or to another member association I.
than that of their previous employer).
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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. n
ot 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 24 months before the submission of a licence application, never
have been found performing Football Agent Services without the required
licence;
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c) in the five years before the submission of a licence application (and
subsequently thereafter, including after being granted a licence):
i. never have declared or been declared personally bankrupt or been
a majority shareholder, director or key office holder of a business
that has declared bankruptcy, entered administration and/or
undergone liquidation;
d) in the 12 months before the submission of a licence application (and
subsequently thereafter, including after being granted a licence):
i. n
ot have held any Interest in any entity, company or organisation that
brokers, arranges or conducts sports betting activities whereby a wager
is placed on the outcome of a sporting event in order to win money.
2. An applicant must satisfy the eligibility requirements:
a) at the time of their application, in order to take the exam; and
b) at all times after obtaining a licence, in accordance with article 17.
3. The FIFA general secretariat is responsible for investigating compliance with
the eligibility requirements.
1. If an applicant satisfies the eligibility requirements, FIFA will invite the applicant
to sit the exam.
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 90 days of passing the
exam. Failure to do so will result in their application being automatically
declared void.
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.
II.
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1. To maintain their licence, a Football Agent shall comply with the CPD
requirements on an annual basis.
ACTING AS A
FOOTBALL AGENT
III.
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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.
III.
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6. Payment of any service fee shall be made after the closure of the relevant
registration period and in instalments every three months for the duration
of the negotiated employment contract.
III.
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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:
a) The calculation to determine the relevant service fee cap of the Individual’s
Remuneration may not take into account any conditional payments.
b) If an Individual’s Remuneration is above USD 200,000 (or equivalent), the
annual excess above that amount shall be subject to a service fee cap of
3% if the Football Agent is representing an Individual or an Engaging Entity
or 6% if they are representing both an Engaging Entity and an Individual
(permitted dual representation).
c) The calculation of the transfer compensation may not include:
i. any amount paid as compensation for breach of contract pursuant to
article 17 or Annexe 2 of the RSTP; and/or
III.
ii. any sell-on fee.
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III.
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III.
RIGHTS AND
OBLIGATIONS OF
CLIENTS
IV.
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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) ive, offer or seek to offer consideration or a promise of any kind, either
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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) Have 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.
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VI.
32
VII.
34
VIII.
36
VIII.
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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.