Monday, February 22, 2016

FIFA regulations on working with intermediaries (End of Licensed FIFA Player Agent)

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Lack of education and information was sited as one of the problems messing Cameroon football up. Below is an overview of  FIFA Intermediaries update from April 2015. FIFA Licensed Agents no longer exist. Any one who acts on behalf of any football stakeholder is now known as Intermediary. This is in a bid to decentralise power by empowering national football governing bodies to uphold FIFA Regulations by supplementing requirements on this regulation given the general environmental factors in each nation.

This new regulations has raised a lot of contradictions. While one school of though holds that this is going to promote unethical and unhealthy football practices, another holds that this attempted decentralization has just eased transparency and professionalism in Football

 click here for some interesting debates on these reforms

The main goal of the new Regulations is to establish a more transparent system that is easier to implement and administer by the football associations across the world.  Which means the new Regulations may vary across the globe to some degree. But here is a general guideline

First, what is an intermediary? Intermediary is a person who acts as a link between people in order to try and bring about an agreement; a mediator. This definition doesn’t differ much from the description of work football agents used to do. So, an intermediary is someone who works on behalf of a player or club, who talks with the other party to negotiate a deal for their client. Now, here is what has changed and what is new:

1. Registration system for intermediaries

The licensing system for Football Agents has been abandoned and replaced by a registration system for intermediaries where no qualifications nor experience are required. This means that intermediaries do not have to take an exam and hold a license like agents before, but they need to register at their national Football Association (In Cameroon is FECAFOOT) and pay the registration fee. Before they can register, they need to prove that they have an ‘impeccable’ reputation and no criminal record. As part of or the registration process, all intermediaries have to sign a Intermediary Declaration where they confirm their agreement to the provisions in the new Regulations and the regulations of football associations they are contractually related to. Intermediaries have to renew their registration every year and pay the renewal fee if they are to continue working as such.

2. Representation contract

Before engaging in any sort of Intermediary Activity on behalf of a player or a club, both parties have to agree on a Representation contract which must contain: the names of the parties, nature of legal relationship, scope of services, the duration, payment terms, the date of completion, termination provisions and signatures of both parties. Under the old Players’ Agent Regulations a representation contract could last as long as two years and could then be renewed if both parties agreed, however under the new Regulations there is no maximum duration provided.

3. Transparency of Intermediary Activity

Football associations are required to provide names of all Intermediaries they registered publicly every year. They are also required to publicly provide the total amount of all payments made to intermediaries by their players and affiliated clubs.

4. Payments

In terms of payment for Intermediaries these new Regulations recommends a payment of 3% of the transfer fee involved or 3% of the player’s basic gross income. These figures are just a recommendation by FIFA, therefore they are flexible to changes depending on the agreement between both parties and conditions of the contract too. Unlike the old regulations that stated that payments would be calculated as a percentage of the players income, the new regulations demands payments are calculated on the basis of the player’s income for the entire duration of the contract. Intermediaries can get paid in a lump sum agreed between all parties or monthly by the club or from the player’s salary.

5. Working with Under-18 Players

The New Regulations also do not state a minimum age required where a player can be represented by an intermediary as opposed to the previous regulations. However, FIFA now requires that the player’s legal guardian(s) (parents) must also sign the representation contract. Despite all this, intermediaries cannot receive any form of payment until the player they represent is no longer considered a minor.

5. Additional FA Regulations

FIFA association members of which Cameroon's FECAFOOT is a member are enabled to regulate their own system on intermediaries and can supplement the new Regulations provided they respect the minimum requirements mentioned above. So what is demanded is some countries under their Football Association can be different to other countries and their respective Football Associations. 

The above is just a summary of these regulations. you can download the full copy by clicking the link below

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