FIFA Regulations on Working with Intermediaries Liberalisation or

FIFA Regulations on Working with Intermediaries Liberalisation or devolution? MICHELE COLUCCI 1

FIFA • A NEW LIBERAL APPROACH…. 2

Access to Profession FIFA: no conditions, but… • Exam: Czech Rep. , Denmark • Interview: Argentina, Slovak rep. , Spain. • Professional Liability insurance: Argentina, Brazil, Cz Rp. Mexico, Paraguay, Portugal. • Proof of Tax compliance: Belgium, Mexico, Portugal, Slovack • • • rep. Social Security compliance: Belgium, Portugal Residence: Argentina, Paraguay, Turkey Work permit: Mexico Licence (exam): France Authorization from cantonal empl. : Office Switzerland 3

REGISTRATION PROCESS All transactions must be registered! o Registration for each transaction: • (Croatia, Cyprus, Greece, Russia, Serbia) o Yearly registration: • (Bulgaria, England Mexico, NL Paraguay, Poland , Qatar Romania) o Dual registration (one for the intermediaries and one for each transaction) : • Argentina, Colombia, Denmark, Italy, Japan, Saudi Arabia, Spain, Switzerland, Turkey and Ukraine. 4

FIFA Innovations: Intermediary declaration "THE IMPECCABLE REPUTATION" Certificates: Croatia, the Netherlands Test of Good Character and Reputation (disqualifying conditions): The FA Extended proof of good conduct: Germany Authorisation to investigate and obtain any kind of information even from third parties: Spain Honorability certified by two renowned personalities from the football world: Colombia 5

Representation contract FIFA: yes to dual representation • BUT forbidden in Bulgaria, France, Japan, Paraguay, Portugal and Russia • Yes, in all others and… • England Romania, yes but with more guarantees and transparency conditions 6

REMUNERATION FIFA 3 % cap 7

REMUNERATION FIFA RECOMMENDS… 3 % cap - 3 % still recommended in 15 countries: Brazil, Denmark, England, Italy… - 3 % mandatory: Cyprus, Paraguay, Russia, Saudi Arabia, Serbia and the UAE - 5 % : Switzerland - 7 %: Bulgaria - 10 %: Croatia, France and Ukraine - 14 %: Germany - No cap: Argentina, Belgium, Czech Republic, The Netherlands, Portugal - Silent rules in Spain 8

Minors FIFA: no remuneration at all • 17 out of 32 of examined associations fully implemented the FIFA rules (Argentina, Brazil, Netherlands, Russia, Spain, Japan, Portugal) • England: even stricter rules • Czech and Slovak republic: yes remuneration • Silence in Italy but for amateurs no remuneration. • Germany: judges in favor of remuneration if minor has a Licensed professional contract 9

BEST PRACTICES • Certified intermediaries (Denmark) • Mandatory training courses (Turkey) • Certification for associations of intermediaries (on going debate in the Netherlands) 10

IMPACT ON SPORTS STAKEHOLDERS • Disadvantages - Too many differences in national measures - Risk of contradictions - Increase of difficulties for intermediary - More responsibility for Players and Clubs • Advantages o More Transparency o More freedom for players o Financial balance 11

Conclusions o No liberalization but rather devolution! o Overall positive assessment o Further improvements and sistematic review of the implementation in the future 12