Safeguarding Agents: Contraventions and Remedies under the FFAR

This article has been co-authored by Mr. Tarsh Khanna and Ms. Pranjal Shah

With football gearing up for another whirlwind of negotiations, deals and transfers, the transfer window being just around the corner, it is prudent to revisit the FIFA Football Agent Regulations (FFAR). The primary aim of the FFAR is to check the conduct of football agents so as to ensure fairness and professionalism in client representations and transfers in football. Therefore, it is not surprising that the FFAR provides disciplinary sanctions against violations of their provisions.

However, the FFAR have been mired in uncertainty and controversy owing to the myriad of actions brought against the regulations, resulting in FIFA suspending some of the provisions therein. In this context, gaining clarity on the actions that could lead to potential violations is crucial for anyone navigating the complexities of the transfer window. On the other hand, understanding and availing the appropriate remedy when one is on the receiving end of such violations is equally crucial.

Following is a concise yet practical overview of key behaviours and practices that may result in breaches of the FFAR proceeded by a brief discussion of the possible remedies and preventive measures which may be undertaken by licenced agents to effectively navigate the upcoming transfer window. By staying informed, stakeholders can better safeguard their interests and ensure compliance with the standards set to uphold the integrity of football.

Providing Services without a Licence

Article 11.1 of the FFAR mandates that only licenced agents can provide football agent services, as a result, providing the same without obtaining a licence is a violation and can lead to sanctions being imposed. This ensures that only qualified professionals represent players and clubs, maintaining the credibility of transactions. Generally, persons found providing football agent services without holding a licence are barred from obtaining a licence for 24 months from the date of provision of such services, in consonance with Article 5.1(b) of the FFAR.

Produced below are such matters as decided by the FIFA General Secretariat:

1. Decision dated 25 October 2024.
2. Decision dated 25 October 2024.
3. Decision dated 16 September 2024.
4. Decision dated 12 September 2024.
5. Decision dated 10 May 2024.
6. Decision dated 10 May 2024.
7. Decision dated 10 May 2024.
8. Decision dated 22 April 2024.
9. Decision dated 10 April 2024.
10. Decision dated 3 April 2024.

Hiding or Providing False Information when Obtaining the Licence

Article 5 of the FFAR lays down the eligibility requirements for a Licence. The very first criteria mentions, “have made no false or misleading or incomplete statements in their application.” This highlights the stressed laid by FIFA on transparency. Additionally, there have been instances where the FIFA General Secretariat has suspended the Licenses of individuals who were found to have provided false information on their applications, even after their Licenses had been granted. Such measures serve as a stern reminder that any deviation from the principles of transparency can have serious consequences, reinforcing the need for accountability throughout the licensing process.

Produced below is a decision of the FIFA General Secretariat regarding the same:

1. Decision dated 25 October 2024.

Not Fulfilling Annual Requirements

In addition to the eligibility criteria mentioned under Article 5, the FFAR also obligate licenced agents to comply with Continuing Professional Development (CPD) requirements on an annual basis in order to maintain their licence under Article 9. These requirements are designed to ensure agents stay updated on the latest developments in football, including regulatory updates, market trends, and best practices. The primary objective behind such conditions is to ensure that the skills and expertise of football agents evolve in line with the changing dynamics of the sport and the diverse needs of their clients. Non-compliance to such conditions would mean the suspension of licence.

Unauthorised Representation

Articles 16.1(a) and (b) strictly prohibit licenced agents from approaching or representing a client who is already bound by a valid exclusive representation agreement with another agent, except in the final two months of that exclusive representation agreement. Thus, it emphasises the principle of exclusivity and the sanctity of contractual relationships, thereby promoting a fair and respectful environment among agents. It also provides clients with stability and confidence in their representation agreements, strengthening trust and professionalism across the football industry.

Representing Minors without Fulfilling the Mandated Criteria

Article 13 of the FFAR establishes stringent rules for representing minors. These include obtaining explicit written consent from the minor’s legal guardians and ensuring that licenced agents can approach minors only six months before they reach the age where they may sign a professional contract in compliance with the local laws of the country where they will be employed. It further requires such licenced agents to complete the designated CPD course on minors. Failure to adhere to this provision can result in a fine and a suspension of the licence for up to two years. Such provisions aim to prioritise the welfare and best interests of young players, ensuring they are not exploited in football transactions.

Remedies and Compliance in the Absence of FIFA Agents Chamber

With this discussion of potential violations, we now turn to the possible remedies available to address such violations. The FIFA Agents Chamber currently stands suspended; therefore, licenced agents must explore alternative remedies and strategies to protect their professional standing and ensure enforcement of the FFAR. Below, we outline key remedies and practical steps to navigate disciplinary issues effectively.

FIFA’s Reporting Portal

The FIFA Reporting Portal is a secure, web-based whistle-blowing system designed for individuals to report potential violations of the rules and regulations of FIFA, including the FFAR, encompassing misconduct by other agents, unlicenced activities, or unethical client behaviour. Accessible here, this portal allows individuals to submit reports anonymously, ensuring confidentiality.

For licenced agents, the portal serves as an essential tool to safeguard their interests, particularly in instances of third-party interference or breaches of representation agreements. Timely reporting through this platform not only protects individual agents but also contributes to maintaining the integrity of football’s regulatory framework. Agents are encouraged to document breaches comprehensively—providing contracts, correspondence, and evidence of transactions—to strengthen their submissions.

Jurisdiction of FIFA Judicial Bodies

FIFA’s judicial bodies play a pivotal role in addressing FFAR violations, though their jurisdiction varies based on the nature of the breach:

21. FIFA Disciplinary Committee and Ethics Committee: Competent to handle cases involving Representation Agreements with international dimensions (Articles 21.1 and 2.2) and conduct related to international transfers or transactions.
22. Member Associations: Responsible for violations tied to Representation Agreements without international dimensions (Articles 21.2 and 2.3) or national transactions.

While Article 21 of the FFAR, which governs competence and enforcement, is temporarily suspended per FIFA Circular no. 1873, the FIFA General Secretariat retains the authority to address violations. It can impose provisional measures, such as suspending a license for ethical misconduct or non-compliance. Importantly, decisions by the General Secretariat are final under Article 50 of the FIFA Statutes, enabling affected agents to appeal directly to the Court of Arbitration for Sport (CAS) in Lausanne. This ensures access to impartial judicial review despite the non-functionality of FIFA’s Disciplinary Committee.

Proactive Remedies for Licenced Agents

1. Strengthen Representation Agreements

Agents should ensure their representation agreements are robust and explicitly compliant with FFAR provisions. Key clauses should include prohibitions against third-party interference, clear definitions of obligations, and arbitration clauses to address disputes.

2. Addressing Unlicenced Activities

In cases of unlicenced agents operating in breach of the FFAR, licenced agents have multiple options:

1. FIFA Reporting Portal: File reports for regulatory enforcement.
2. Member Associations: Seek remedies for national-level breaches.
3. Civil Courts: Pursue damages for economic harm caused by unlicenced activity.

3. Alternative Dispute Resolution

With the suspension of the FIFA Agents Chamber, agents should consider CAS, national arbitration tribunals, civil courts, or other alternative dispute resolution mechanisms. Including arbitration clauses in contracts ensures enforceability within established arbitration frameworks.

Conclusion

Despite the suspension of the FIFA Agents Chamber, licenced agents have multiple pathways to protect their interests and address breaches effectively. By leveraging the FIFA Reporting Portal, ensuring robust contracts, and exploring alternative remedies, agents can safeguard their licenses and maintain their professional standing. Additionally, for unresolved disputes, agents may seek recourse through alternative dispute resolution mechanisms with the aid of legal professionals. In this evolving regulatory environment, proactive compliance and vigilance remain key to success.