How to Pass the FIFA Agent Exam: Key Points to Note in The FIFA Code of Ethics

Introduction

The FIFA Code of Ethics is a comprehensive set of principles and rules established by football’s governing body to regulate the conduct of individuals involved in football worldwide. It outlines standards of behaviour and integrity expected from players, coaches, officials, administrators, and other stakeholders within the sport. The code covers various aspects, including bribery, corruption, match-fixing, discrimination, and conflicts of interest, aiming to uphold fairness, transparency, and ethical standards in all aspects of football governance and competition. Violations of the FIFA Code of Ethics can result in disciplinary action, including fines, suspensions, or expulsion from the sport.

The FIFA Code of Ethics (CoE) are included as part of the FIFA Study Materials and are therefore examinable in the upcoming FIFA Football Agent Exam on May 22nd, 2024. In this blog we will explain the contents of the CoE and draw out some of the most significant points that often arose as questions in last year’s exams.

The Contents

The FIFA Code of Ethics serves as a comprehensive framework dictating the standards of behaviour expected within the realm of football. Divided into several sections, it commences with definitions and sets forth the scope of its application, elucidating the individuals encompassed and the temporal jurisdiction. The substantive law segment delves into the grounds for imposing sanctions, the array of disciplinary measures, and the methodology for determining sanctions, further exploring concepts such as limitation periods and rules of conduct encompassing neutrality, loyalty, and confidentiality. Moreover, it addresses conflicts of interest, financial probity, and the protection of personal rights, along with delineating rules concerning forgery, falsification, and abuse of position, as well as issues surrounding bribery, corruption, and match manipulation.

The organisational and procedural aspect elucidates the structure and function of the Ethics Committee, outlining its competence, composition, and procedural rules governing investigatory and adjudicatory proceedings. These include rules concerning parties, representation, proof, time limits, and procedural costs. It also details the process of investigation proceedings, from initiation to conclusion, and adjudicatory proceedings, including composition, hearings, deliberations, and decisions. Additionally, provisions for appeal, review, and provisional sanctions are expounded upon.

Finally, the document concludes with final provisions addressing matters such as exemption from liability, official languages, and the procedures for the adoption and enforcement of the code. This comprehensive regulatory framework ensures the maintenance of integrity, fairness, and ethical conduct within the global football community.

Top 5 Points to Note

Please note that the page numbers in brackets are relevant to the Study Materials PDF rather than the Statutes’ corresponding page. 

1. Subsection 1: Duties (pp172-174): The subsection on Duties outlines a set of fundamental responsibilities expected from individuals bound by the FIFA Code of Ethics. Firstly, they are required to recognize the significance of their duties and adhere diligently to their obligations, especially concerning financial matters. Additionally, they must respect FIFA’s regulatory framework and conduct themselves in a dignified, ethical manner, ensuring complete credibility and integrity to safeguard FIFA’s reputation. Moreover, individuals must avoid any actions or behaviors that may give rise to suspicions of improper conduct. Violations of these duties incur significant penalties, including fines and bans on football-related activities for up to two years. Furthermore, specific duties such as neutrality, loyalty, confidentiality, reporting infringements, and cooperation with the Ethics Committee are delineated, each accompanied by their own set of sanctions for non-compliance. These duties collectively uphold the integrity and ethical standards within the football community, ensuring transparency and accountability among its members.
2. Organisation (pp180-181): Section 1 outlines the jurisdiction of the Ethics Committee, stating its exclusive authority to investigate and adjudicate the conduct of individuals under the FIFA Code of Ethics. This jurisdiction extends to individuals elected, appointed, or assigned by FIFA, as well as matters related to FIFA-related duties, responsibilities, or the use of FIFA funds. Furthermore, the Committee can intervene in cases involving players, coaches, or officials when no confederation or member association has taken action within a specified timeframe or when mutually agreed upon with FIFA.

Section 2 establishes common rules for both the investigatory and adjudicatory chambers. It mandates that the composition of these chambers adhere to the FIFA Statutes. Additionally, it details procedures for deputising in case of the chairperson’s absence and outlines the responsibilities of the secretariats. The secretariats, provided by FIFA’s general secretariat, are tasked with administrative and legal support for their respective chambers, including maintaining case files and drafting necessary documents under the direction of chamber leadership. 

1. Time Limits (pp187-188): Subsection 3 of the FIFA Code of Ethics meticulously outlines the procedures and considerations regarding time limits. It specifies the commencement of time limits based on the receipt of notifications or documents, including provisions for scenarios involving member associations and public holidays. Emphasising timely compliance, it mandates actions to be completed before the deadline and requires document submission via the FIFA Legal Portal by the specified time. Additionally, it addresses payment deadlines, stating that costs and fees must be irreversibly settled into FIFA’s account by the deadline. Regarding extensions, while time limits established by the Code remain unalterable, those set by the Ethics Committee may be extended upon reasoned requests, with exceptions granted only in extraordinary circumstances. If an extension request is denied, two additional days may be granted, with the possibility of oral communication in urgent situations. These regulations ensure a systematic and fair approach to managing time constraints within the ethical framework of FIFA.
2. The Adjudicatory Chamber (p194): Subsection 1 outlines the initiation and conduct of proceedings within the adjudicatory chamber of the FIFA Code of Ethics. Firstly, it delineates the duties of the chairperson, who is tasked with reviewing the final report and investigation files in collaboration with the secretariat. If the chairperson determines insufficient evidence, they may close the case and notify the involved party. Conversely, if adjudication is deemed necessary, the chamber proceeds with the proceedings, providing relevant parties with copies of investigation materials. Additionally, the adjudicatory chamber is authorised to gather evidence or request clarification before hearings or deliberations. Subsection 1 also details the procedures for adjudicatory proceedings, including options for decision-making based on investigation reports or through scheduled hearings. It emphasises the chairperson’s responsibility to inform involved parties of the decision-making process and establish deadlines for final requests. Moreover, it ensures the participation of all relevant parties and their representatives in hearings and grants the adjudicatory chamber the authority to rule on breaches concerning immoral or unethical conduct within the FIFA Disciplinary Code.
3. Appeal and Review (p198): Section 4 delineates the appeal and review processes within the FIFA Code of Ethics. Subsection 83 stipulates that parties with a legally protected interest justifying amendment or cancellation of a decision by the Disciplinary Committee may lodge an appeal with the Appeal Committee, specifically concerning infringements of Article 30. Subsection 84 outlines that decisions made by the adjudicatory chamber are final but can be appealed to the Court of Arbitration for Sport (CAS) in accordance with FIFA Statutes. Moreover, it allows the chief of the investigation to appeal such decisions. Subsection 85 introduces the concept of review, wherein the investigatory chamber may reopen a closed case if significant new facts or evidence emerge that could have led to a more favourable decision. The party concerned must request a review within ten days of discovering the reasons for review, and the request must be submitted within one year after the decision’s enforcement.

Practice Question

Answer at the bottom of the blog.

Similarly to a suspended prison sentence, the adjudicatory chamber of the Ethics Committee can decide to suspend a sanction imposed upon an individual for a breach of the Code of Ethics. A player who is 21 years old has been given a two-year ban from Football-Related activity due to a severe breach of regulations regarding the manipulation of matches. However, it is evidenced that the young player was heavily influenced by senior players and, in respect of such a mitigating circumstance, the player and his representatives hope that the effect of the sanction will be suspended until the player is older to avoid jeopardising his career at such an early age. What is the maximum probationary period that the adjudicatory chamber can decide to suspend the sanction for?

1. 1 year
2. 3 years
3. 5 years
4. 10 years

Conclusion

The blog provides an extensive overview of the FIFA Code of Ethics, which serves as a crucial regulatory framework governing the conduct of individuals involved in football globally. It emphasises the code’s role in upholding integrity, fairness, and ethical standards within the sport, covering a wide range of topics such as bribery, corruption, match-fixing, discrimination, and conflicts of interest. Violations of the code can result in disciplinary actions, including fines, suspensions, or expulsion from the sport. The blog outlines the structure and contents of the code, detailing its various sections and provisions. It highlights key points of interest, including the duties expected from individuals bound by the code, the jurisdiction of the Ethics Committee, procedures for time limits, adjudicatory proceedings, and mechanisms for appeal and review. By highlighting these aspects, the blog aims to provide clarity and insight into the FIFA Code of Ethics, essential knowledge for those preparing for the FIFA Football Agent Exam.

Don’t forget, as well as our free resources available below and new additions weekly until the exam, if you want to take your preparation one step further, our next 8-hour comprehensive online How to Pass the FIFA Agent Exam Course with Dr Erkut Sogut and top sports lawyer, Daniel Geey, is taking place on 20th April 2024 and is open for registration through the link! 

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• Understanding Training Compensation and the Solidarity Mechanism
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Practice Question Answer

The answer is C. Please refer to page 169 of the study materials.