Mr. Frederico is a Legal Counsel at 14 Sports Law, a boutique international Sports Law firm based in Portugal, which provides legal advice to various stakeholders in the sports industry across the world. He is also the President of the Disciplinary Committee of the Portuguese Surfing Federation. An in-house sports encyclopedia, Frederico has nearly a decade’s worth of law & sports law academia under his belt, both in Lisbon and Madrid. Besides playing elite rugby at CDUL, one of the leading Portuguese side, Frederico follows just about every sporting event there is, and can name the Icelandic all-star curling teams from 1995 onwards. At 14 Sports Law, Frederico provides advice on disciplinary, regulatory and dispute resolution matters before FIFA and CAS, besides being heavily involved in contractual agreements. He recently heads the legal department of CASA PIA ATLÉTICO CLUBE – FUTEBOL SDUQ, a Portuguese first league club.
The FIFA Football Agent Regulations and the FIFA Football Agent Exam have been in news lately. Basically, prior to the de-regulation of Agents in 2015, FIFA used to conduct an Exam for Agents as an Entry Barrier. A similar barrier has been reintroduced by FIFA by virtue of the FIFA Football Agent Regulations, 2022 (“FFAR”) which has been promulgated to re-regulate Agents, owing to which they now have to pass the FIFA Football Agent Exam to be able to conduct their business.
Accordingly, the answer to how to become a Football Agent is simple- pass the FIFA Agent Exam! However, in reality, this may not be as easy as it sounds; in this exclusive interview, we delve into the intricate world of football representation, focusing on the FIFA Agent Exam and the significant changes brought about by the FFAR. If you are someone who wants to obtain the FIFA Agent License by passing the Exam, or merely wish to know about the FFAR, this Exclusive Interview is for you!
- Question 1: Could you please give us a background behind the FFAR and the Agent Exam?
Answer 1: From a historical perspective, FIFA introduced a licensing system for agents back in 1991; other versions of agent regulations followed in 1995, 2001 and 2008. In 2015, agents were de-regulated and FIFA introduced the Regulations on Working with Intermediaries (RWWI) – national associations were left to regulate as per FIFA minimum standards. Subsequently, in 2019, FIFA Football Stakeholders’ Committee proposed re-regulation of agents, following which the FFAR finally came into force in 2023, once again re-regulating agents and making profound changes.
The new FIFA regulations come into force in a phased manner, with certain provisions being applicable as of 9 January 2023, and completely coming into force in a full-fledged manner as of October 1, 2023 – after that date it will not be possible to work as an agent without having passed the exam. There are some notable changes in the new FIFA regulations- it will be necessary that all of the stakeholders have a profound knowledge of them. In that sense it seems to me that it makes perfect sense that FIFA has an adaption period before the regulations come into force.
- Question 2: So essentially, everyone in the football industry willing to continue the business of player/club/coach representation must pass the Agent Exam? Or are there any exceptions?
Answer 2: Yes, precisely! Everyone has to take the exam should they wish to act as agents as of 1 October 2023.
There is however an exemption- essentially the ‘Legacy Agent Path’ (albeit only for a limited time period) which if satisfied would allow one to not give the Exam. This requires the fulfillment of certain conditions. If you successfully passed the Agent exam prior to 2015 (under the erstwhile regulations), then you can take the benefit of the exemption, contingent upon the satisfaction of two conditions- firstly, you must apply for a new license before 30 September 2023, and secondly, you need to prove that you were registered as an intermediary at a member association between 1 April 2015 and 16 December 2023. Note that this exemption is merely for not having to appear for the Exam – you still need to fulfill other requirements, including paying the annual license fee, abiding by the provisions of FFAR, etc.
- Question 3: What are the eligibility criteria and application process for the Agent Exam?
Answer 3: There are no educational or professional requirements to become a Football Agent. There are just a few eligibility requirements which are established under Article 5 of the FFAR. Agents can apply for a License via the FIFA Agent Platform provided they meet the eligibility requirements. Member Associations may charge an additional Exam Fee in addition to the license fee of USD 600 which has to be paid to FIFA upon passing the Exam.
- Question 4: What does the FIFA Agent Exam cover, and how is it structured?
Answer 4: The Exam covers multiple FIFA Rules and Regulations as updated from time to time, along with certain support materials which are provided to the Applicants before each edition of the Exam. The Exam shall consist of 20 MCQs with the possibility of more than one answers to a question as well, and the questions vary from regulatory provision based, scenario based, calculations based etc. The pass rate is 75%, i.e., 15/20 correct answers. The duration of the Exam is 60 minutes. The Exam shall be conducted electronically at your National Association (on your own device) and it is an open book Exam, which means that you are can refer to the study materials/source documents, both hard and soft copies.
- Question 5: Having already witnessed the first edition of the FIFA Agent Exam as a Course Instructor for 14 Sports Law’s Preparatory Course in April 2023, what do you think about the level of difficulty as set by FIFA?
Answer 5: For those of us who work in the area and who are used to it, it is not an exam taken for granted. It takes a lot of attention, organization, and knowledge of applicable regulations. The fact that it is with consultation may facilitate the way of study in a certain way.
- Question 6: What were the major challenges faced by applicants during the April 2023 Exam?
Answer 6: I will go for the lots of pages to cover and the time, especially given that some of the questions could not be just easily found in the regulations, but involved the application of logical reasoning, calculation skills, attention to detail, etc.
- Question 7: Given the legal challenges that FFAR has faced in various jurisdictions, some individuals are hesitant to register for the Exam, opting to wait until the situation stabilizes. What would you advise in this scenario? Is FFAR currently in full force, or would it be advisable for candidates to wait until the legal matters are resolved?
Answer 7: I have no doubt that the best option will always be to take the exam. The regulations will come into force fully in October; anyone who does not take the exam will not be legally able to do business as an agent/intermediary and receive payment for doing so.
- Question 8: The recent Award by the Court of Arbitration for Sport in PROFAA v FIFA, which essentially affirmed the validity of the FFAR is being widely and harshly criticized. What’s your take on the verdict? Additionally, in your opinion, is the FIFA Agent Exam a step in the right direction?
Answer 8: The Award addresses several key issues, fundamentally regarding FIFA’s regulatory powers over football agent services and the FFAR’s compliance with EU Competition Law and Swiss Law, subsidiarily delving into the application of other relevant EU Laws and National Laws. All the issues have been answered in affirmative with FIFA unequivocally getting a clean chit here. The core issue at the heart of the dispute was essentially whether FIFA’s regulatory action pursues legitimate public objectives recognised by the EU Courts and is adequate, necessary and proportionate to achieve the intended objectives.
In my personal view, I would say that the decision is well reasoned and cogent. I think in the end it all boiled down to the assessment of whether the FFAR aligns with the legitimate public objectives recognised by EU Courts. While the decision touches upon various laws, it eventually centers back to the proportionality review, which I think significantly influenced the overall analysis.
To answer the other part of the question, while Agents around the world might be criticizing FIFA and seeing this Exam as an unnecessary ‘Hassle’ – I believe it is only for the greater good of the industry as a whole. There are entry barriers in various fields, so having one here too makes sense. This would definitely help in ensuring professionalism in the football representation industry.
- Question 9: Could you briefly tell us about a few of the key changes that have been brought about by the FFAR in addition to the entry barrier in the form of the Exam?
Answer 9: In addition to the licensing requirements for the Agents on the FIFA Platform and the condition to pass the Exam, there are a plethora of significant changes. These changes range from inter alia– Market Disclosure, Commission Caps, Dual Representation, Requirements for Representation Agreements, Dispute Resolution, etc. Representation of more than one party on a transaction is now prohibited with the exception of representing the Player and the Buying Club.
Notably- regarding commission caps, there is a mandatory cap on ‘service fee’, ranging from 3%-10% of employment contract or transfer fee, depending on nature and value of transaction. Briefly, for Agents acting for engaging club or individuals (player/coach) it is 3% or 5% depending upon the annual remuneration. In the case of dual representation for engaging club and individual, it is 10% or 6% again depending upon the annual remuneration of the individual. For agents acting for the releasing club, it is 10% of the total transfer compensation. For this purpose, one must note that individual’s remuneration refers to gross financial compensation for employment of a player or a coach, as set out in a negotiated employment contract.
Regarding dispute resolution, there is a new FIFA Agents Chamber – competent to hear disputes having an international dimension.
- Question 10: Could you tell us about the best strategy to prepare for and excel in the Exam?
Answer 10: In my opinion, I believe attempting as many questions as possible and knowing how to handle the regulations. Know how to find keywords. Carefully read all questions. All in all, practicing a good amount of mock questions, organising your study and reference material, and knowing where to look for and how will be the dealbreaker.
- Question 11: Please share a few insights about your experience as a Course Instructor for 14 Sports Law’s Preparatory Course for the FIFA Agent Exam.
Answer 11: At 14 we try to provide our students with the best course possible. I believe that the experience we have in dealing with certain matters on a daily basis, the availability to answer questions and the care in explaining all issues are our strongest points.
LET'S TALK SPORTS LAW 
Leave a comment