FIFA’s new agents regulations require clubs to prepare

Sports law expert Julian Diaz-Rainey of Pinsent Masons said the new rules will have a far-reaching impact on the sport.

The new regulations, known as the FIFA Football Agent Regulations (the Regulations), have been introduced to re-regulate agents, and follow extensive consultation with players, clubs, leagues, national football associations and football agents’ organisations.

The validity of the Regulations was tested in a legal challenge brought before the Court of Arbitration for Sport, which ruled against the Professional Football Agents Association last month.

Since 9 January 2023, individuals wishing to become football agents have been able to apply for a licence from FIFA, and there are certain requirements that need to be satisfied before a licence is granted. There is also an obligation to undertake professional development. To be granted a licence, an agent must be a natural person, complete an online form, comply with eligibility requirements, pass an online exam, and pay the annual fee.

The Regulations have been introduced as part of FIFAs Vision 2020-2023. The aims of the vision include improving FIFA’s regulatory framework, making FIFA more efficient, and protecting positive values.

Under the Regulations, anyone wishing to act as an agent must hold a football agents licence issued by FIFA and multiple representation - where an agent could act for both the player and a club – is prohibited.

To ensure financial transparency, all agents’ fees must be paid through the FIFA clearing house. There is also a cap on agents’ fees to encourage proper functioning of the transfer system and a new dispute resolution system to cover disputes involving agents.

The Regulations also provide for mandatory professional development training for agents and establish a new football agent working group, which will be compromised of professional stakeholders and agents’ organisations.

The Regulations have been introduced to ensure that the conduct of agents is consistent with the core objectives of the football transfer system, guarantee a minimum standard of professional and ethical standards from agents, and that agents provide a better and more transparent service to players, coaches, clubs and associations.

Sanctions can be imposed for breaches of the Regulations, which for clubs can include a reprimand, warning, fine, or a ban on registering players; and for agents, may include a reprimand, warning, fine, ban on participating in football-related activity, or the suspension or withdrawal of a licence.

Diaz-Rainey said: “The Regulations will have a number of practical implications for football clubs, for example ensuring that any services are provided by a properly certified agent, and that payments are made through FIFA’s clearing house. Football clubs should ensure that they have a good working knowledge of the Regulations before they are implemented in October to prevent any breaches.”