What does the future of integrated approaches to sports integrity look like?

Published Friday, 12 January 2024.

FIFA Football Agent Regulations: update on implementation

TO THE MEMBER ASSOCIATIONS OF FIFA

Circular no. 1873

Zurich, 30 December 2023

FIFA Football Agent Regulations: update on implementation

Dear Sir or Madam,

On 16 December 2022 the FIFA Council approved the FIFA Football Agent Regulations (hereinafter the “FFAR”), which provide with a balanced and reasonable legal instrument to protect the integrity of football and the proper functioning of the football transfer system.

Subsequently, FIFA was subject to a coordinated litigation strategy, which involved agents and agents’ associations filing lawsuits against FIFA across Europe to challenge the legality of the FFAR and to delay their entry into force.

FIFA has so far prevailed in the vast majority of those disputes. Specifically, the Court of Arbitration for Sport (CAS), the court of supreme instance for sports-related disputes recognised under the FIFA Statutes, has confirmed the legality and proportionality of the FFAR. Courts and/or competition authorities in various countries have rejected several requests from agents to annul the FFAR, declare them invalid, or to delay their entry into force. Moreover, a procedure concerning the validity of the FFAR, in which different institutions have supported the FFAR, is pending before the European Court of Justice.

District Court of Dortmund (Landgericht Dortmund) case 8 O 1/23

On 24 May 2023, a preliminary injunction (the “Injunction”) against certain aspects of the FFAR rules was by the District Court of Dortmund in Germany in the procedure LG Dortmund, 8 O 1/23 (Kart).

The Injunction requests FIFA to suspend the application and enforcement of the certain provisions of the FFAR:

The service fee cap (article 15 paragraphs 1-4)
The rules concerning service fee payments (article 14 paragraphs 6, 8 and 11)
The client pays rule (article 14 paragraphs 2 and 10)
The rules regarding the timing of service fee payments (article 14 paragraphs 7 and 12)
The prohibition of double representation (article 12 paragraphs 8-10)
The reporting obligations (article 16 paragraphs 2 h), j), k) and 4)
The rules regarding disclosure and publication (article 19)
The submission rule (article 4 paragraph 2; article 16 paragraph 2 b); article 3 paragraphs 2 c) and d); article 20; and article 21)
The rule that service fee payments must be made via the FIFA Clearing House (article 14 paragraph 13)

This Injunction is inconsistent with previous judicial decisions in other European countries, the CAS award as well as previous decisions in Germany, including from appeals courts. FIFA has therefore initiated appeal proceedings against the Injunction and an appeal decision is expected in the first semester of 2024.

In order to comply with the Injunction, FIFA will suspend the implementation of the FFAR for any transfer which has a link to the European Union. Implementing the Injunction only for transfers linked to the European Union would create a situation of unequal legal standards within the international transfer system, in particular between Europe and the rest of the world. As the world governing body of football and a prudent and responsible regulator, FIFA has a duty to prevent such uncertainty and inequality and protect competitive balance at a worldwide level.

In light of the foregoing, on 30 December 2023 the Bureau of the Council approved the worldwide temporary suspension of the FFAR rules affected by the above-mentioned German court decision, until the European Court of Justice renders a final decision in the pending procedures concerning the FFAR,

In this light, we recommend all the member associations to temporarily suspend the equivalent provisions from their national football agent regulations, unless they conflict with mandatory provisions of the law applicable in their territory.

FIFA remains convinced that the FFAR are a necessary, proportionate and fully legal regulatory step to address systemic failures within the international transfer system. Not only all football stakeholders, but also all European political authorities have confirmed the importance of such a regulatory framework.

We thank you for your attention and for ensuring that your affiliated clubs and relevant stakeholders are informed accordingly.

Yours faithfully,

FÉDÉRATION INTERNATIONALE

DE FOOTBALL ASSOCIATION

How FIFA’s Agent Regulations approach contractual stability & just cause, compared to FIFA RSTP

Published Wednesday, 22 November 2023.

FIFA Football Agent Regulations to fully enter into force as of 1 October

Implementation includes the mandatory use of licensed agents and a cap on service fees, and follows an extensive consultation process

The Court of Arbitration for Sport has confirmed the legality of the regulations

Approximately 4,500 licences were issued to individuals that are now eligible to provide football agent services as of 1 October

FIFA is due to fully implement the Football Agent Regulations (FFAR) as of 1 October 2023, following a long and inclusive consultation process involving players, clubs, leagues, member associations and football agents themselves and their partial entry into force in January 2023.

A landmark CAS award has confirmed the legality, validity and proportionality of the FFAR, and courts in Belgium, Czechia, Germany, Spain, the Netherlands and Switzerland have rejected injunctions against the new rules, both at national and international level.

As of 1 October, FIFA will enforce the full implementation of the FFAR, including the mandatory use of licensed football agents, the cap on service fees and new provisions to ensure the protection of minors. The only exception to the full implementation of the FFAR will be in Germany, where a preliminary injunction has been granted by a local court.

Following the first two exams and all the legacy licence applications submitted so far, a total of approximately 4,500 licences have already been issued. Those who hold a licence, will be eligible to perform football agent services as of 1 October. Unsuccessful applicants will have the opportunity to retake the exam in May and November 2024. FIFA will organise further exams in the coming years.

As part of the new regulations, potential disputes in connection with representation agreements entered into as from 1 October will be handled by the Agents Chamber of the Football Tribunal, thus ensuring that any conflicts concerning football agent services are resolved fairly and equally for all participants in the international transfer system. FIFA believes that the FFAR provide a reasonable and proportionate framework to help resolve systemic failures in the player transfer system and wishes to underscore that the regulations have been universally recognised by football stakeholders and the most important political authorities in Europe.

Working as a football agent in Italy: Complying with the FIFA's Football Agent Regulations & Italian law

Published Monday, 21 August 2023.

5 things football players should consider before signing a playing contract

Published Thursday, 20 July 2023.

Circular no. 1874 - FIFA Football Agent Regulations: licensing updates and information on the Agents Chamber of the FIFA Football Tribunal

TO THE MEMBER ASSOCIATIONS OF FIFA

Circular no. 1874

Zurich, 10 January 2024

FIFA Football Agent Regulations: licensing updates and information on the Agents Chamber of the FIFA Football Tribunal

Dear Sir or Madam,

Firstly, we would like to thank you for all your efforts and hard work on the implementation of the FIFA Football Agent Regulations (FFAR), including the organisation of the first two editions of the FIFA Football Agent exam during the past year 2023 (hereinafter the “Exam”).

With these efforts, the transition phase towards the full implementation of the FFAR has been successfully completed, with more than 5,000 Football Agent licences having been granted worldwide, national football agent regulations being approved by member associations and the members of the Agents Chamber of the FIFA Football Tribunal appointed.

We wish to provide you hereinafter with some licensing updates and information on the Agents Chamber.

1. Licensing of Football Agents

In accordance with Enclosure 2 to circular no. 1827, we are providing you with additional information on the licensing of Football Agents for the year 2024.

We kindly remind you that only individuals that have been granted a Football Agent licence by FIFA pursuant to the FFAR can provide Football Agent Services, as defined in the FFAR and the applicable national football agent regulations.

Any breaches of the FFAR, including evidence of non-licensed activity of individuals or companies, can be reported on the FIFA Reporting Portal.

Exam licensing path (art. 4 of the FFAR) We kindly inform you of the dates have been set for the next exam, due to take place in 2024.

FIFA Football Agent exam Application period 9 January to 31 March 2024 Exam date 22 May 2024

We kindly remind you that all applications are to be submitted on the FIFA Agent Platform (hereinafter the “Platform”) by interested candidates and will be regularly reviewed by member associations through their user accounts registered on the Platform. For the avoidance of any doubt, all deadlines for the submission of applications on the Platform correspond to Central European Time (CET).

After reviewing feedback received from the members of the FIFA Football Agent Working Group (“FAWG”) and from candidates, the FIFA administration hereby kindly reminds all member associations that exam fees charged by member associations to candidates for organising the Exam should be exclusively used to cover the costs of organising and holding the exam. In that regard, the FIFA administration recommends that member associations ensure that the exam fee does not exceed the amount of USD 600 (or equivalent).

Furthermore, the applicable exam rules and study materials will be published on the Platform and the FIFA website in January 2024.

Reduction of licence fee for continuous licence holders

Following consultations with the members of the FAWG, as from 1 October 2024, the licence fee paid to FIFA for all Football Agent licence renewals will be reduced to USD 300 for each subsequent licensing period. Those individuals that obtain their Football Agent licence for the first time will pay the full amount of USD 600 for the first licensing period, with subsequent yearly payments being reduced to USD 300.

By way of example, if a candidate passes the exam in May 2024, they need to pay the annual fee of USD 600 within 90 days. Then, before 1 October, that same Football Agent will pay USD 300 for each consecutive licence year.

2. FIFA Football Tribunal: Agents Chamber

Following the creation of the Agents Chamber of the FIFA Football Tribunal, FIFA informs that the current list of judges representing different stakeholders, including the recent appointment of the Chairperson and Deputy chairperson, can be found on legal.fifa.com.

Please do not hesitate to contact Luís Villas-Boas Pires (head of agents) at This email address is being protected from spambots. You need JavaScript enabled to view it. should you have any questions in this regard.

We thank you for your attention and for ensuring that your affiliated clubs and relevant stakeholders are informed accordingly.

Yours faithfully,

FÉDÉRATION INTERNATIONALE

DE FOOTBALL ASSOCIATION

FIFA Report: Football Agents in International Transfers

In 2023, clubs paid USD 888.1 million in agent service fees, the highest-ever amount and an increase of 42.5% on 2022

For the first time, clubs in women’s professional football spend more than USD 1 million in agent service fees

English clubs were the number-one spenders by far, with a combined total of more than USD 280 million

The total spending on club agent service fees has reached unprecedented heights in 2023, with a total outlay of USD 888.1 million compared to USD 623.2 million last year according to FIFA’s Football Agents in International Transfers Report.

This represents an increase of 42.5% compared to the level of spending in 2022, and even surpasses the previous record from 2019 (USD 654.7 million) by more than one third.

By far, the largest proportion of all club agents were employed by clubs in Europe, which also account for the lion’s share (86.6%) of global spending on club agents. Similarly, European clubs employed 86.6% of all engaging-club agents and 82.6% of all releasing-club agents.

The largest amount of agent service fees were paid by clubs from England, with a combined total of more than USD 280 million. While not investing in releasing-club agents, Saudi Arabian clubs had the second-biggest spending on engaging-club agents with USD 86.0 million. Korea Republic had the greatest share of outgoing transfers with a releasing-club agent, with 31.6%.

The number of international transfers with an agent acting on behalf of the player reached a record high in 2023 with a total of 3,353 transfers. This corresponds to 15.4% of all transfers and represents an increase of 8.4% compared to 2022.

For the first time ever, clubs in women’s professional football spent more than USD 1 million for the services of club agents, with a total outlay of just under USD 1.4 million. Club agents were present in a record number of 125 transfers, an increase of more than 20% compared to 2022.

The process for obtaining a licence and becoming a football agent under the FIFA Football Agent Regulations (FFAR) opened on 9 January 2023 and all individuals could apply for such a licence. During the period covered by the report (1 January 2023 to 30 November 2023), FIFA received 19,973 licensing applications. Out of the total number of exam applicants, 9,207 took the exam on one of two dates. The first exam was held on 19 April 2023, with testing locations at 138 member associations, and the second exam took place on 20 September 2023, with testing locations at 157 member associations. Out of the 9,207 people who sat the exam, 32.6% passed.

As part of its objective to bring more transparency to the football transfer system, FIFA publishes an annual report on football agents. For the first time, due to the adoption and entering into force of the new FFAR, the report not only presents extensive analyses of football agents’ activity in international transfers, but also provides insightful information about the newly introduced licensing system.

The full report can be found here.