FIFA has decided to postpone proposed regulations dealing with intermediaries that will, if implemented, dramatically overhaul the current licensed player agents’ scheme.
Among many changes, the new regulations will:
- abolish the current Licensed Agents Regulations implemented by FIFA for international transactions and by each national association for domestic deals;
- vest each player and club with the right to use an intermediary in the negotiation of player contracts and transfers;
- require the registration of all transactions, with the focus being to regulate each transaction as opposed to the conduct of licensed individuals;
- require clubs and players to have contracts with intermediaries for each transaction;
- oblige each club to annually publish the total amount paid to intermediaries;
- cap the payment made to an intermediary for a transaction to the lesser of 3% or €2,000,000;
- regulate against conflicts of interest; and
- with the licensed agents’ scheme being abolished, provide for sanctions on clubs and players (and not agents) that use or pay intermediaries other than in accordance with the regulations.
FIFA’s decision was discussed at the FIFPro Board meeting in Amsterdam last week. FIFA has officially informed FIFPro that the draft regulations had been submitted to the FIFA Legal Committee and the FIFA Club Football Committee before being presented to the FIFA Executive Committee two weeks ago. The FIFA ExCo decided to discuss the draft with all relevant parties and only bring it to the FIFA Congress for decision in 2012.
FIFA will give an update to the 2011 FIFA Congress, but without a decision being taken.
FIFA has undertaken to keep FIFPro informed and, if there are any developments, the PFA will immediately notify all members and player agents.
FIFA’s decision means that the current regulatory framework will continue to apply. Whilst FIFA is of the view that the current regulations are only having a very limited effect internationally, there is a strong view among many stakeholders including players’ associations that they have been a lot more effective at the national level.