Do I Need to Pass the FIFA Football Agent Exam? Understanding the New English FA Football Agent Regulations

Introduction

You are likely to have seen that the English Football Association has recently announced significant changes to its regulations governing football agents. These new regulations are set to come into effect on January 1, 2024, and will replace the FA’s Working with Intermediaries Regulations. In this blog, we will break down the key points of these impending changes, shedding light on what agents need to be aware of as they navigate this, particularly with the approaching January transfer window.

Background

The implementation of The FA’s Football Agent Regulations follows a consultative process that began roughly two weeks before the end of the summer transfer window. This consultation period, which took place over the summer, was an essential step in shaping the new regulations. However, the actual implementation of these regulations was delayed until the outcome of the FA Rule K arbitration proceedings, which were initiated by several agencies challenging the new rules. 

The arbitration proceedings concluded with the publication of the Tribunal’s award just last week. As we explained in a previous blog, the English tribunal issued a ruling that blocked the implementation of the service fee caps and outlined a new schedule for service fee payments to football agents. However, it is important to note that this ruling did not provide clarification or specific guidance on other elements of the FIFA Football Agent Regulations. As a result, aspects such as the requirement to take an exam for the new licensing system were unaffected by this tribunal decision and awaited the English FA to publish their newest agent regulations. The tribunal ruling primarily addressed the contentious issue of service fees and their payment structure, leaving other components of the regulations intact and subject to the English FA’s respective interpretation and enforcement.

Key Changes

From January 1, 2024, there will be two sets of regulations that football stakeholders must adhere to in England. The new FA’s Football Agent Regulations will run alongside the existing elements of the FIFA Football Agent Regulations (FFAR) that have not been legally prohibited by the tribunal’s award. This means that agents must navigate and comply with two sets of rules, adding complexity to their operations with very little time before the transfer window opens.

With these regulations being announced just ten days before the start of the January Transfer Window, this creates a tight timeline for agents to digest, comprehend, and adhere to the changes. Hence, below we have created a brief summary of the most important points to note and comply with once the regulations come into force in the new year:

• Service Fee Cap: While the FIFA Football Agent Regulations (FFAR) had proposed to cap service fees for football agents at no more than 5% of a player’s salary, with a lower threshold of 3% in certain cases, and limit the commission to 10% of a transfer fee when representing a selling club, these caps will not be enforced in England. The recent Rule K decision of the arbitration tribunal has clarified that these proposed FIFA regulations will not apply within the jurisdiction of the English FA as they are legally flawed. This means that any deals and transfers conducted under the jurisdiction of the English FA will continue to operate under the previous guidelines where there is no specified cap, and the service fee can be negotiated freely within the terms of a representation agreement. Consequently, English football agents, clubs, and players will have greater flexibility in determining the commission rates within their contractual agreements.

It’s important to note that while FIFA’s commission caps will not apply in England, other general service fee principles within the FIFA Football Agent Regulations (FFAR) have been echoed and incorporated into the English FA’s regulations. These principles include defining who is responsible for paying the service fee, specifying the conditions under which an agent is entitled to a service fee, and outlining other rights and obligations of agents. Despite the absence of specific commission caps, these shared principles ensure some level of consistency and fairness in the representation agreements and transactions involving football agents in England, aligning the regulations with FFAR principles while maintaining a degree of independence and autonomy in service fee negotiations.

• Licensing and Registration: Perhaps the most important question everyone has been asking is, do I still need to pass the FIFA Football Agent Exam to operate as an agent in England? Put simply, the answer is yes, you must hold a FIFA licence, obtained by passing the exam, before registering with the English FA. This is positive news to those who were able to pass the exam in 2023 as this involved significant expenditure and personal time investment to prepare to sit a stressful assessment. However, for others this is daunting news as they will not be able to obtain a licence to operate in 2024 once the regulations are in force until they have passed the FIFA exam in either the May or November sitting.

To register as a football agent with the English FA, individuals must also comply with several other key requirements. They must register with The Association before engaging in any football agent-related activities, such as approaching players, coaches, or clubs, or entering into representation agreements. The registration process involves submitting the necessary documentation provided by The Association. Once approved, The Association issues a written confirmation of registration and allows the use of the “FA Registered Football Agent” designation.

Registered football agents are bound by enforceable commitments to adhere to The Association’s rules and regulations, including these specific Football Agent Regulations. Agents must ensure the agencies they are employed by, also comply with The Association’s requirements and may be issued a Digital ID, which they must present when requested.b

Remember once again, while some elements of FIFA’s proposed regulations may not apply in England, other articles in the FFAR are enforced by the English FA’s regulations, such as payment responsibilities, the contents and lengths of representation agreements, representation of minors, certain conditions for service fees, and other agent-related rights and obligations.

• International versus National deals: For England-based agents dealing with international transfers, there is now an extra layer of complexity to account for as a result of the contradiction between the FFAR and the national association regulations. 

Let’s consider a hypothetical scenario of a player moving from Manchester United to Real Madrid. In such cases, football agents must now exercise extreme caution and awareness regarding which set of regulations governs their activities to ensure they are legally compliant throughout the course of the transaction. The distinction hinges on the fact that the transfer falls under the Spanish Football Agent Regulations and the FIFA rules, applicable to such international transactions, rather than the English Football Association regulations. What is important is where the player is signing; the rules in that country will apply. It is important to note that the English FA regulations only apply to transfers which occur domestically within England, or to the transfer of a player into the country, such as a player moving from Real Madrid to Manchester United. 

When facilitating an international transfer, like the Manchester United to Real Madrid example, agents must be especially diligent in following the FIFA and Spanish regulatory framework that applies. If the transfer involves a player moving across borders, the FIFA Football Agent Regulations come into play, imposing specific guidelines, including commission caps and licensing requirements, which agents must adhere to when negotiating and finalising such transactions. 

On the other hand, if the deal involves a domestic national transfer within England, agents would be governed by the English FA’s regulations. As we have discussed, the English FA regulations offer more flexibility, as they do not impose the same commission caps as FIFA’s international guidelines. However, it’s crucial for agents to keep in mind that the distinction between domestic and international transfers can be subtle and nuanced, requiring a thorough understanding of both sets of regulations to ensure compliance and avoid potential complications. In many cases it will be important to consult a specialist lawyer with knowledge in these areas as navigating these regulations legally is essential for football agents to facilitate transfers for their clients, whether on a domestic or international scale.

Implications

The introduction of these new regulations is set to have far-reaching implications for the football agency industry in England and globally. Some of the potential consequences and considerations include:

• Increased Compliance Burden: The simultaneous existence of both the FA’s Football Agent Regulations and the FIFA Football Agent Regulations will undoubtedly raise the compliance burden on agents, clubs, and players. Agents will now need to navigate two or more separate sets of rules, particularly those that conduct deals internationally, potentially leading to increased paperwork and administrative responsibilities. Clubs and players will also need to be vigilant in ensuring that the agents they work with comply with both sets of regulations. This may require more thorough due diligence and documentation, adding complexity to player transfers and contract negotiations.
• Heightened Scrutiny: With the coexistence of two regulatory frameworks, there is the likelihood of more stringent oversight of agent activities. Both the FA and FIFA aim to increase their monitoring and enforcement efforts to ensure agents adhere to the respective regulations. The hope is that this heightened scrutiny could result in a greater emphasis on transparency and accountability in all dealings between agents, clubs, and players in the world of football. Agents will need to be prepared for increased scrutiny of their actions, contracts, and financial arrangements, which could impact their reputations in the industry.
• Education and Training: Understanding the intricacies of two sets of regulations will become paramount for agents and other stakeholders in the football industry. Investing in education and courses or programs will be essential to ensure full compliance and to avoid inadvertent breaches of the rules. Agents must stay up-to-date with changes and updates in both sets of regulations, as well as any guidance provided by the English FA and FIFA. Clubs and players are also likely to familiarise themselves with the basic rules to protect their interests and make informed decisions when working with agents.
• Legal Implications: The FA Rule K arbitration proceedings and the subsequent implementation of these regulations may have significant legal implications that require careful consideration by all parties involved. Any unresolved legal disputes stemming from these changes could lead to delays in player transfers and potential financial disputes. Agents, clubs, and players may need to consult legal counsel to navigate the evolving legal connotations and ensure they are compliant with both sets of regulations.

Conclusion

In conclusion, the impending implementation of the English Football Association’s new Football Agent Regulations marks a significant shift in the football agency landscape. Set to replace the existing regulations on January 1st 2024, these changes bring a dual regulatory framework to England, with both the FA’s regulations and FIFA’s Football Agent Regulations coexisting to varying extents. While FIFA’s proposed service fee caps won’t apply in England, other fundamental principles harmonise with FIFA’s regulations. Agents, clubs, and players now face an increased compliance burden, especially when dealing with international transfers, demanding careful navigation of multiple rule sets. With heightened scrutiny and a pressing need for education and training, the industry is poised for further significant changes in the new year. Adapting to these regulations and their implications is essential for all agents and other football stakeholders as they navigate the intricate industry in England and beyond.

Reading List

To fully understand and comply with these new regulations, stakeholders will need to invest significant time in studying the associated documents. The volume of information to digest is overwhelming, totalling well over 200 pages in 5 different documents: 

• Outcome of the FA Rule K arbitration proceedings 
• FA’s Football Agent Regulations 
• FA’s Football Agent Regulations Guidance 
• FFAR Document 
• FFAR FAQs 

Agents should attempt to at least form a basic understanding of them. If ever in doubt, we would advise consulting specialist lawyers on such matters.