In Dialog with Mr. Frederico Droznik Bensimon – Know in regards to the FIFA Soccer Agent Laws & 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 price 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 may identify 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 not too long ago 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 these days. Principally, previous to the de-regulation of Brokers in 2015, FIFA used to conduct an Examination for Brokers as an Entry Barrier. An identical 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 should cross the FIFA Soccer Agent Examination to have the ability to conduct their enterprise.

Accordingly, the reply to change into a Soccer Agent is simple- cross the FIFA Agent Examination! Nevertheless, 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 modifications led to by the FFAR. In case you are somebody who needs 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: 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 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 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 won’t 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 mandatory that the entire stakeholders have a profound information of them. In that sense it appears to me that it makes good sense that FIFA has an adaption interval earlier than the rules come into power.

  • Query 2: So primarily, 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 may be nevertheless an exemption- primarily 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. In the event you efficiently handed the Agent examination previous to 2015 (below the erstwhile rules), then you’ll be able to take the advantage of the exemption, contingent upon the satisfaction of two conditions- firstly, you need to apply for a brand new license earlier than 30 September 2023, and secondly, it is advisable show that you simply 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 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 so forth.

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

Reply 3: There aren’t any academic or skilled necessities to change 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 offered they meet the eligibility necessities. Member Associations might cost an extra Examination Charge along with the license price of USD 600 which must 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 infrequently, together with sure help supplies that are offered to the Candidates earlier than every version of the Examination. The Examination shall include 20 MCQs with the potential for a couple of solutions to a query as properly, and the questions fluctuate from regulatory provision primarily based, situation primarily based, calculations primarily based and so forth. The cross fee is 75%, i.e., 15/20 appropriate solutions. The period of the Examination is 60 minutes. The Examination shall be carried out electronically at your Nationwide Affiliation (by yourself system) and it’s an open guide Examination, which suggests that you’re can confer with the research supplies/supply paperwork, each arduous and gentle 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 plenty of consideration, group, and information of relevant rules. The truth that it’s with session might facilitate the best way of research in a sure manner.

  • 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 plenty of pages to cowl and the time, particularly on condition 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 so forth.  

  • Query 7: Given the authorized challenges that FFAR has confronted in varied jurisdictions, some people are hesitant to register for the Examination, opting to attend till the scenario stabilizes. What would you advise on this situation? Is FFAR presently 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 all the time be to take the examination. The rules will come into power 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 Court docket of Arbitration for Sport in PROFAA v FIFA, which primarily 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 suitable path?

Reply 8: The Award addresses a number of key points, essentially 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 concern on the coronary heart of the dispute was primarily whether or not FIFA’s regulatory motion pursues respectable public goals recognised by the EU Courts and is ample, mandatory and proportionate to realize the supposed goals.

In my private view, I’d say that the choice is properly reasoned and cogent. I believe in the long run all of it boiled right down to the evaluation of whether or not the FFAR aligns with the respectable public goals recognised by EU Courts. Whereas the choice touches upon varied 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 perhaps criticizing FIFA and seeing this Examination as an pointless ‘Trouble’ – I imagine it’s only for the higher good of the trade as a complete. There are entry limitations in varied fields, so having one right here too is sensible. This is able to undoubtedly assist in making certain professionalism within the soccer illustration trade.

  • Query 9: Might you briefly inform us about a number of of the important thing modifications which have been 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 cross the Examination, there are a plethora of great modifications. These modifications vary from inter alia– Market Disclosure, Fee Caps, Twin Illustration, Necessities for Illustration Agreements, Dispute Decision, and so forth. Illustration of a couple of social gathering on a transaction is now prohibited excluding 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 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 appearing for the releasing membership, it’s 10% of the full 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 organize for and excel within the Examination?

Reply 10: In my view, I imagine trying as many questions as attainable and figuring out deal with the rules. Know discover key phrases. Fastidiously learn all questions. All in all, practising quantity of mock questions, organising your research and reference materials, and figuring out the place to search for and the way would be the dealbreaker.

  • Query 11: Please share a number 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 imagine that the expertise we’ve in coping with sure issues every day, the supply to reply questions and the care in explaining all points are our strongest factors.