In Dialog with Mr. Frederico Droznik Bensimon – Know in regards to 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 primarily based in Portugal, which supplies authorized recommendation to varied 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 legislation & sports activities legislation academia below his belt, each in Lisbon and Madrid. Apart from enjoying elite rugby at CDUL, one of many main Portuguese facet, Frederico follows nearly each sporting occasion there’s, and may 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, apart from 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 Rules and the FIFA Soccer Agent Examination have been in information currently. 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 must go the FIFA Soccer Agent Examination to have the ability to conduct their enterprise.

Accordingly, the reply to learn how to turn out to be a Soccer Agent is simple- go the FIFA Agent Examination! Nonetheless, in actuality, this is probably not 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 led to by the FFAR. If you’re somebody who desires to acquire the FIFA Agent License by passing the Examination, or merely want to know in regards to the FFAR, this Unique Interview is for you!

Query 1: May 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 Rules on Working with Intermediaries (RWWI) – nationwide associations have been left to control 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 drive in 2023, as soon as once more re-regulating brokers and making profound adjustments.

The brand new FIFA laws come into drive in a phased method, with sure provisions being relevant as of 9 January 2023, and fully coming into drive in a full-fledged method as of October 1, 2023 – after that date it is not going to 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 needed that the entire stakeholders have a profound information 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 drive.

Query 2: So basically, everybody within the soccer trade prepared 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’s nonetheless an exemption- basically the ‘Legacy Agent Path’ (albeit just for a restricted time interval) which if happy would enable one to not give the Examination. This requires the success of sure circumstances. For those who efficiently handed the Agent examination previous to 2015 (below the erstwhile laws), then you’ll be able to take the advantage of the exemption, contingent upon the satisfaction of two conditions- firstly, you could apply for a brand new license earlier than 30 September 2023, and secondly, you should show that you simply 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 seem for the Examination – you continue to want to satisfy different necessities, together with paying the annual license price, abiding by the provisions of FFAR, and many others.

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

Reply 3: There aren’t any instructional or skilled necessities to turn out to be 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 an extra Examination Charge along with the license price 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 occasionally, together with sure help supplies that are supplied to the Candidates earlier than every version of the Examination. The Examination shall include 20 MCQs with the potential of a couple of solutions to a query as nicely, 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 appropriate solutions. The length of the Examination is 60 minutes. The Examination shall be performed electronically at your Nationwide Affiliation (by yourself gadget) and it’s an open guide Examination, which implies that you’re can consult with the examine supplies/supply paperwork, each arduous and tender 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 isn’t an examination taken with no consideration. It takes quite a lot of consideration, group, and information of relevant laws. The truth that it’s with session might facilitate the best way of examine in a sure approach.

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

Reply 6: I’ll go for the a number of pages to cowl and the time, particularly on condition that a number of 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 state of affairs stabilizes. What would you advise on this state of affairs? Is FFAR presently in full drive, or wouldn’t it be advisable for candidates to attend till the authorized issues are resolved?

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

Query 8: The latest Award by the Courtroom of Arbitration for Sport in PROFAA v FIFA, which basically affirmed the validity of the FFAR is being broadly and harshly criticized. What’s your tackle the decision? Moreover, in your opinion, is the FIFA Agent Examination a step in the fitting 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 respectable public aims recognised by the EU Courts and is satisfactory, needed and proportionate to attain the supposed aims.

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

To reply the opposite a part of the query, whereas Brokers world wide could be criticizing FIFA and seeing this Examination as an pointless ‘Trouble’ – I imagine it is just for the better good of the trade as an entire. There are entry limitations in numerous fields, so having one right here too is smart. This might undoubtedly assist in guaranteeing professionalism within the soccer illustration trade.

Query 9: May you briefly inform us about a couple of of the important thing adjustments which were led to 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 a couple of occasion on a transaction is now prohibited except representing the Participant and the Shopping for Membership.

Notably- concerning fee caps, there’s a obligatory cap on ‘service price’, starting from 3%-10% of employment contract or switch price, relying on nature and worth of transaction. Briefly, for Brokers appearing for participating membership or people (participant/coach) it’s 3% or 5% relying upon the annual remuneration. Within the case of twin illustration for participating membership and particular person, it’s 10% or 6% once more relying upon the annual remuneration of the person. For brokers appearing for the releasing membership, it’s 10% of the entire switch compensation. For this function, one should word 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: May you inform us about the most effective technique to organize for and excel within the Examination?

Reply 10: For my part, I imagine making an attempt as many questions as doable and realizing learn how to deal with the laws. Know learn how to discover key phrases. Rigorously learn all questions. All in all, practising a very good quantity of mock questions, organising your examine and reference materials, and realizing 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 doable. I imagine that the expertise we’ve got in coping with sure issues every day, the supply to reply questions and the care in explaining all points are our strongest factors.