Mr. Frederico is a Authorized Counsel at 14 Sports activities Legislation, a boutique worldwide Sports activities Legislation agency primarily based in Portugal, which offers authorized recommendation to numerous stakeholders within the sports activities trade internationally. He’s additionally the President of the Disciplinary Committee of the Portuguese Browsing Federation. An in-house sports activities encyclopedia, Frederico has practically a decade’s value of regulation & sports activities regulation academia below his belt, each in Lisbon and Madrid. Moreover taking part in elite rugby at CDUL, one of many main Portuguese aspect, Frederico follows nearly each sporting occasion there may be, and may identify the Icelandic all-star curling groups from 1995 onwards. At 14 Sports activities Legislation, Frederico offers recommendation on disciplinary, regulatory and dispute decision issues earlier than FIFA and CAS, in addition to being closely concerned in contractual agreements. He just lately heads the authorized division of CASA PIA ATLÉTICO CLUBE – FUTEBOL SDUQ, a Portuguese first league membership.
The FIFA Soccer Agent Laws and the FIFA Soccer Agent Examination have been in information recently. Mainly, previous to the de-regulation of Brokers in 2015, FIFA used to conduct an Examination for Brokers as an Entry Barrier. An analogous barrier has been reintroduced by FIFA by advantage of the FIFA Soccer Agent Laws, 2022 (“FFAR”) which has been promulgated to re-regulate Brokers, owing to which they now must go the FIFA Soccer Agent Examination to have the ability to conduct their enterprise.
Accordingly, the reply to develop into a Soccer Agent is simple- go the FIFA Agent Examination! Nonetheless, in actuality, this might not be as straightforward 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 adjustments caused by the FFAR. If you’re somebody who needs 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 laws adopted in 1995, 2001 and 2008. In 2015, brokers have been de-regulated and FIFA launched the Laws 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 pressure in 2023, as soon as once more re-regulating brokers and making profound adjustments.
The brand new FIFA laws come into pressure in a phased method, with sure provisions being relevant as of 9 January 2023, and utterly coming into pressure in a full-fledged method as of October 1, 2023 – after that date it won’t be doable to work as an agent with out having handed the examination. There are some notable adjustments within the new FIFA regulations- it is going to be vital that the entire 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 laws come into pressure.
- Query 2: So basically, everybody within the soccer trade keen to proceed the enterprise of participant/membership/coach illustration should go 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 may be nonetheless an exemption- basically the ‘Legacy Agent Path’ (albeit just for a restricted time interval) which if happy would permit one to not give the Examination. This requires the success of sure situations. When you efficiently handed the Agent examination previous to 2015 (below the erstwhile laws), then you may 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’s essential show that you just have been registered as an middleman at a member affiliation between 1 April 2015 and 16 December 2023. Word 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 are not any academic or skilled necessities to develop 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 Price 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 Laws as up to date occasionally, together with sure assist supplies that are supplied to the Candidates earlier than every version of the Examination. The Examination shall encompass 20 MCQs with the potential of multiple solutions to a query as effectively, and the questions range from regulatory provision primarily based, state of affairs primarily based, calculations primarily based and many others. The go charge is 75%, i.e., 15/20 right solutions. The length of the Examination is 60 minutes. The Examination shall be performed electronically at your Nationwide Affiliation (by yourself system) and it’s an open ebook Examination, which suggests that you’re can confer with the research supplies/supply paperwork, each onerous and smooth 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 consider 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 quite a lot of consideration, group, and data of relevant laws. The truth that it’s with session might facilitate the best way of research in a sure approach.
- Query 6: What have been the most important challenges confronted by candidates in the course of the April 2023 Examination?
Reply 6: I’ll go for the a lot of pages to cowl and the time, particularly provided that among the questions couldn’t be simply simply discovered within the laws, 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 pressure, or would it not be advisable for candidates to attend till the authorized issues are resolved?
Reply 7: I’ve little question that the most suitable choice will all the time be to take the examination. The laws will come into pressure totally in October; anybody who doesn’t take the examination won’t be legally capable of 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 correct route?
Reply 8: The Award addresses a number of key points, essentially relating to 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 subject on the coronary heart of the dispute was basically whether or not FIFA’s regulatory motion pursues reliable public goals recognised by the EU Courts and is sufficient, vital and proportionate to attain the supposed goals.
In my private view, I might say that the choice is effectively reasoned and cogent. I feel in the long run all of it boiled all the way down to the evaluation of whether or not the FFAR aligns with the reliable public goals recognised by EU Courts. Whereas the choice touches upon numerous legal guidelines, it will definitely facilities again to the proportionality assessment, which I feel considerably influenced the general evaluation.
To reply the opposite a part of the query, whereas Brokers all over the world is likely to be criticizing FIFA and seeing this Examination as an pointless ‘Problem’ – I imagine it’s only for the higher good of the trade as an entire. There are entry obstacles in numerous fields, so having one right here too is sensible. This may positively assist in guaranteeing professionalism within the soccer illustration trade.
- Query 9: Might you briefly inform us about a couple of of the important thing adjustments which have been 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 go the Examination, there are a plethora of great adjustments. These adjustments vary from inter alia– Market Disclosure, Fee Caps, Twin Illustration, Necessities for Illustration Agreements, Dispute Decision, and many others. Illustration of multiple celebration on a transaction is now prohibited apart from representing the Participant and the Shopping for Membership.
Notably- relating to fee caps, there’s a necessary 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 overall switch compensation. For this function, 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 very best technique to organize for and excel within the Examination?
Reply 10: For my part, I imagine trying as many questions as doable and understanding deal with the laws. Know discover key phrases. Rigorously 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 very best course doable. I imagine that the expertise we’ve got in coping with sure issues each day, the provision to reply questions and the care in explaining all points are our strongest factors.
