In Dialog with Mr. Frederico Droznik Bensimon – Know concerning the FIFA Soccer Agent Rules & the Agent Examination – LET’S TALK SPORTS LAW

Mr. Frederico is a Authorized Counsel at 14 Sports Law, a boutique worldwide Sports activities Legislation agency based mostly in Portugal, which supplies authorized recommendation to varied stakeholders within the sports activities trade the world over. He’s additionally the President of the Disciplinary Committee of the Portuguese Browsing Federation. An in-house sports activities encyclopedia, Frederico has almost a decade’s value of legislation & sports activities legislation academia below his belt, each in Lisbon and Madrid. Apart from taking part in elite rugby at CDUL, one of many main Portuguese aspect, Frederico follows nearly each sporting occasion there’s, and might title the Icelandic all-star curling groups from 1995 onwards. At 14 Sports activities Legislation, Frederico supplies recommendation on disciplinary, regulatory and dispute decision issues earlier than FIFA and CAS, moreover being closely concerned in contractual agreements. He not too long ago heads the authorized division of CASA PIA ATLÉTICO CLUBE – FUTEBOL SDUQ, a Portuguese first league membership.

The FIFA Soccer Agent Rules and the FIFA Soccer Agent Examination have been in information recently. Principally, previous to the de-regulation of Brokers in 2015, FIFA used to conduct an Examination for Brokers as an Entry Barrier. The same barrier has been reintroduced by FIFA by advantage of the FIFA Soccer Agent Rules, 2022 (“FFAR”) which has been promulgated to re-regulate Brokers, owing to which they now need to cross the FIFA Soccer Agent Examination to have the ability to conduct their enterprise.

Accordingly, the reply to easy methods to turn into a Soccer Agent is simple- cross the FIFA Agent Examination! Nonetheless, in actuality, this will not be as simple because it sounds; on this unique interview, we delve into the intricate world of soccer illustration, specializing in the FIFA Agent Examination and the numerous modifications caused by the FFAR. If you’re somebody who desires to acquire the FIFA Agent License by passing the Examination, or merely want to know concerning the FFAR, this Unique Interview is for you!

  • Query 1: Might you please give us a background behind the FFAR and the Agent Examination?

Reply 1: From a historic perspective, FIFA launched a licensing system for brokers again in 1991; different variations of agent rules adopted in 1995, 2001 and 2008. In 2015, brokers have been de-regulated and FIFA launched the Rules on Working with Intermediaries (RWWI) – nationwide associations have been left to manage as per FIFA minimal requirements. Subsequently, in 2019, FIFA Soccer Stakeholders’ Committee proposed re-regulation of brokers, following which the FFAR lastly got here into power in 2023, as soon as once more re-regulating brokers and making profound modifications.

The brand new FIFA rules come into power in a phased method, with sure provisions being relevant as of 9 January 2023, and utterly coming into power in a full-fledged method as of October 1, 2023 – after that date it is not going to be attainable to work as an agent with out having handed the examination. There are some notable modifications within the new FIFA regulations- will probably be vital that all the stakeholders have a profound data of them. In that sense it appears to me that it makes excellent sense that FIFA has an adaption interval earlier than the rules come into power.

  • Query 2: So basically, everybody within the soccer trade prepared to proceed the enterprise of participant/membership/coach illustration should cross the Agent Examination? Or are there any exceptions?

Reply 2: Sure, exactly! Everybody has to take the examination ought to they want to act as brokers as of 1 October 2023.

There’s nonetheless an exemption- basically the ‘Legacy Agent Path’ (albeit just for a restricted time interval) which if glad would permit one to not give the Examination. This requires the achievement of sure situations. For those who efficiently handed the Agent examination previous to 2015 (below the erstwhile rules), then you possibly can take the advantage of the exemption, contingent upon the satisfaction of two conditions- firstly, it’s essential to apply for a brand new license earlier than 30 September 2023, and secondly, it is advisable to show that you just have been registered as an middleman at a member affiliation between 1 April 2015 and 16 December 2023. Be aware that this exemption is merely for not having to look for the Examination – you continue to want to satisfy different necessities, together with paying the annual license charge, abiding by the provisions of FFAR, and many others.

  • Query 3: What are the eligibility standards and utility course of for the Agent Examination?

Reply 3: There aren’t any academic or skilled necessities to turn into a Soccer Agent. There are only a few eligibility necessities that are established below Article 5 of the FFAR. Brokers can apply for a License by way of the FIFA Agent Platform supplied they meet the eligibility necessities. Member Associations might cost a further Examination Payment along with the license charge of USD 600 which needs to be paid to FIFA upon passing the Examination.

  • Query 4: What does the FIFA Agent Examination cowl, and the way is it structured?

Reply 4: The Examination covers a number of FIFA Guidelines and Rules as up to date once in a while, together with sure assist supplies that are supplied to the Candidates earlier than every version of the Examination. The Examination shall include 20 MCQs with the opportunity of a couple of solutions to a query as effectively, and the questions fluctuate from regulatory provision based mostly, state of affairs based mostly, calculations based mostly and many others. The cross charge is 75%, i.e., 15/20 right solutions. The period of the Examination is 60 minutes. The Examination shall be carried out electronically at your Nationwide Affiliation (by yourself machine) and it’s an open guide Examination, which implies that you’re can seek advice from the research supplies/supply paperwork, each onerous and comfortable copies.

  • Query 5: Having already witnessed the primary version of the FIFA Agent Examination as a Course Teacher for 14 Sports activities Legislation’s Preparatory Course in April 2023, what do you concentrate on the extent of issue as set by FIFA?

Reply 5: For these of us who work within the space and who’re used to it, it’s not an examination taken without any consideration. It takes a number of consideration, group, and data of relevant rules. The truth that it’s with session might facilitate the best way of research in a sure approach.

  • Query 6: What have been the key challenges confronted by candidates in the course of the April 2023 Examination?

Reply 6: I’ll go for the numerous pages to cowl and the time, particularly provided that a number of the questions couldn’t be simply simply discovered within the rules, however concerned the applying of logical reasoning, calculation abilities, consideration to element, and many others.  

  • Query 7: Given the authorized challenges that FFAR has confronted in numerous jurisdictions, some people are hesitant to register for the Examination, opting to attend till the scenario stabilizes. What would you advise on this state of affairs? Is FFAR at the moment in full power, or wouldn’t it be advisable for candidates to attend till the authorized issues are resolved?

Reply 7: I’ve little question that the most suitable choice will at all times be to take the examination. The rules will come into power totally in October; anybody who doesn’t take the examination is not going to be legally in a position to do enterprise as an agent/middleman and obtain fee for doing so.

  • Query 8: The current Award by the Courtroom of Arbitration for Sport in PROFAA v FIFA, which basically affirmed the validity of the FFAR is being extensively and harshly criticized. What’s your tackle the decision? Moreover, in your opinion, is the FIFA Agent Examination a step in the proper course?

Reply 8: The Award addresses a number of key points, basically concerning FIFA’s regulatory powers over soccer agent providers and the FFAR’s compliance with EU Competitors Legislation and Swiss Legislation, subsidiarily delving into the applying of different related EU Legal guidelines and Nationwide Legal guidelines. All the problems have been answered in affirmative with FIFA unequivocally getting a clear chit right here. The core situation on the coronary heart of the dispute was basically whether or not FIFA’s regulatory motion pursues professional public targets recognised by the EU Courts and is enough, vital and proportionate to realize the meant targets.

In my private view, I might say that the choice is effectively reasoned and cogent. I believe ultimately all of it boiled all the way down to the evaluation of whether or not the FFAR aligns with the professional public targets recognised by EU Courts. Whereas the choice touches upon numerous legal guidelines, it will definitely facilities again to the proportionality evaluation, which I believe considerably influenced the general evaluation.

To reply the opposite a part of the query, whereas Brokers world wide is likely to be criticizing FIFA and seeing this Examination as an pointless ‘Trouble’ – I consider it’s only for the larger good of the trade as a complete. There are entry boundaries in numerous fields, so having one right here too is sensible. This might positively assist in making certain professionalism within the soccer illustration trade.

  • Query 9: Might you briefly inform us about a couple of of the important thing modifications which were caused by the FFAR along with the entry barrier within the type of the Examination?

Reply 9: Along with the licensing necessities for the Brokers on the FIFA Platform and the situation to cross the Examination, there are a plethora of serious modifications. These modifications vary from inter alia– Market Disclosure, Fee Caps, Twin Illustration, Necessities for Illustration Agreements, Dispute Decision, and many others. Illustration of a couple of social gathering on a transaction is now prohibited except for representing the Participant and the Shopping for Membership.

Notably- concerning fee caps, there’s a obligatory cap on ‘service charge’, starting from 3%-10% of employment contract or switch charge, relying on nature and worth of transaction. Briefly, for Brokers performing for partaking membership or people (participant/coach) it’s 3% or 5% relying upon the annual remuneration. Within the case of twin illustration for partaking membership and particular person, it’s 10% or 6% once more relying upon the annual remuneration of the person. For brokers performing for the releasing membership, it’s 10% of the entire switch compensation. For this objective, one should be aware that particular person’s remuneration refers to gross monetary compensation for employment of a participant or a coach, as set out in a negotiated employment contract.

Relating to dispute decision, there’s a new FIFA Brokers Chamber – competent to listen to disputes having a world dimension.

  • Query 10: Might you inform us about the most effective technique to arrange for and excel within the Examination?

Reply 10: For my part, I consider trying as many questions as attainable and understanding easy methods to deal with the rules. Know easy methods to discover key phrases. Fastidiously learn all questions. All in all, training an excellent quantity of mock questions, organising your research and reference materials, and understanding the place to search for and the way would be the dealbreaker.

  • Query 11: Please share a couple of insights about your expertise as a Course Teacher for 14 Sports activities Legislation’s Preparatory Course for the FIFA Agent Examination.

Reply 11: At 14 we attempt to present our college students with the most effective course attainable. I consider that the expertise we’ve got in coping with sure issues each day, the supply to reply questions and the care in explaining all points are our strongest factors.