National Football Agent Regulations

DEFINITIONS

  • In the interpretation of these National Football Agent Regulations (the “Regulations”), the following terms and expressions shall, wherever used herein, have the meanings set opposite thereto unless the context requires otherwise. Furthermore, words importing the singular shall include the plural, and vice versa; words importing the masculine include the feminine; and words importing natural persons shall include bodies corporate. Any definitions not provided for hereunder but contained within the IFAB Laws of the Game, as well as the statutes, rules and regulations of FIFA, AFC, WAFF and SAFF, are incorporated into these Regulations, where appropriate:

    • Agency: an organisation, entity, firm retaining, comprising, employing or otherwise acting as a vehicle for the business affairs of Football Agent.

    • Approach: (i) any physical, in-person contact or contact via any means of electronic communication with the Client; (ii) any direct or indirect contact with another person linked to the Client, such as a family member or friend; or (iii) any action when the Football Agent uses or directs another person to contact the Client on their behalf in the manner described in (i) or (ii) above.

    • Client: a member association, club, player, coach, or the League that may engage a Football Agent to provide Football Agent Services.

    • Subordinated Football Agent: a Football Agent is subordinated to another Football Agent as a result of their: (i) being employed or contractually retained by the same Agency through which Football Agent Services are conducted; (ii) both being directors, shareholders in, or coowners of the same Agency through which Football Agent Services are conducted; (iii) being relatives or married to one another, parent and child or siblings; or (iv) having made any contractual or other arrangements, whether formal or informal, to cooperate, on more than one occasion, in the provision of any services or to share the revenues or profits of any part of their Football Agent Services.

    • Engaging Entity: a member association, club or League that may engage a player or coach.

    • Football Agent: a natural person licensed by FIFA to perform Football Agent Services.

    • Football Agent Services: football-related services performed for or on behalf of the Client, including any negotiation, communication, preparation and all matters related to the Client with the purpose of concluding a Transaction.

    • Individual: a player or coach.

    • Interest: (i) any beneficial ownership of a legal person through which the relevant activities of those entities are conducted, except an ordinary and freely accessible non-transferrable personal membership entitling its owner to a single vote in club affairs; and/or (ii) being in a position that may enable the exercise of a substantially material, financial, commercial, administrative, managerial or any other influence over the affairs of a natural or legal person whether directly or indirectly and whether formally or informally.

    • Other Services: any services performed by the Football Agent for or on behalf of a Client other than Football Agent Services, including but not limited to providing legal advice, financial planning, scouting, consultancy, management of image rights and negotiating commercial contracts.

    • Platform: the digital platform operated by FIFA through which the licensing process, dispute resolution process, continuing professional development (CPD) and reporting shall occur.

    • Releasing Entity: a club, member association or Single-Entity League that a player or coach is leaving to be employed and/or registered by an Engaging Entity.

    • Remuneration: gross financial compensation for employment set out in an employment contract, which includes base salary, any sign-on fee, and any amount payable if certain conditions are fulfilled (for example, a loyalty or performance bonus). For the avoidance of doubt, any future transfer compensation agreed to and any non-salary benefits, such as the provision of a vehicle, accommodation or telephony services, are not considered in the calculation of the gross financial compensation.

    • Representation Agreement: a written agreement for the purpose of establishing a legal relationship to provide Football Agent Services.

    • RSTP: the FIFA Regulations on the Status and Transfer of Players.

    • RWWI: the FIFA Regulations on Working with Intermediaries.

    • SAFF: the Saudi Arabian Football Federation.

    • FIFA: International Federation of Association Football (FIFA).

    • National Football Agent Regulations: SAFF National Football Agent Regulations

    • International Football Agent Regulations: International Football Agent Regulations

    • League: an entity affiliated to a member association that organises a league (or leagues) and represents the common interests of its clubs, for example, by acting as the employer of all club players.

    • Specified Transaction: a transaction where all of the parties involved are defined and identified.

    • Transaction: (i) the employment, registration or deregistration of a player with a club or a Single-Entity League; (ii) the employment of a coach with a club, Single-Entity League or a member association; (iii) the transfer of the registration of a player from one club to another; (iv) the creation, termination or variation of an Individual’s terms of employment.

Chapter 1: General Rules

Article (1): Objectives

  • 1- FIFA shall regulate all matters relating to the football transfer system. The core objectives of the football transfer system are to:

    • (a) protect the contractual stability between professional players and clubs;

    • (b) encourage the training of young players;

    • (c) promote a spirit of solidarity between professional and amateur football;

    • (d) protect minors;

    • (e) maintain competitive balance; and

    • (f) ensure the regularity of sporting competitions.

  • 2- Regulation of the occupation of Football Agent ensures that the conduct of a Football Agent is consistent with both the core objectives of the football transfer system and the following objectives:

    • (a) Raising and setting minimum professional and ethical standards for the occupation of Football Agent;

    • (b) Ensuring the quality of the service provided by Football Agents to Clients at fair and reasonable service fees that are uniformly applicable;

    • (c) Limiting conflicts of interest to protect Clients from unethical conduct;

    • (d) Promoting financial and administrative transparency;

    • (e) Protecting players who lack experience or information; relating to the football transfer system;

    • (f) Enhancing contractual stability between players, coaches and clubs; and

    • (g) Preventing arbitrary practices.

Article (2): Scope of Application

  • 1- These Regulations govern the occupation of Football Agents under the jurisdiction of SAFF and apply:

    • (a) to all Representation Agreements that have a national dimension; or

    • (b) to any conduct connected to a national transfer or national Transaction.

  • 2- A Representation Agreement will have a national dimension whenever:

    • (a) it governs Football Agent Services related to a Specified Transaction in connection with a national transfer within the jurisdiction of the SAFF (or a move of a coach between two clubs affiliated to the SAFF or between a club affiliated to the SAFF and a representative team of the SAFF); or

    • (b) it governs Football Agent Services related to more than one Specified Transaction, one of which is connected to national transfers within the jurisdiction of the SAFF (or a move of a coach between two clubs affiliated to the SAFF or between a club affiliated to the SAFF and a representative team of the SAFF).

  • 3- These Regulations also apply to Representation Agreements which govern Football Agent Services not related to Specified Transactions connected to an international transfer and where the Client is registered or domiciled in the jurisdiction of the SAFF at the time such Representation Agreements are signed.

Chapter 2: Licensing of Football Agents

Article (3): General provisions

  • 1- A natural person may become a Football Agent by following the procedure established under Articles (4 to 10) of the FIFA Football Agent Regulations.

  • 2- A person formerly licensed as an agent pursuant to the FIFA Football Agent Regulations is exempt from the requirement to pass the exam provided for under the FIFA Football Agent Regulations provided that they meet the conditions established under Article (23) of the FIFA Football Agent Regulations.

  • 3- The licence issued by FIFA authorises the Football Agent to conduct Football Agent Services within the jurisdiction of the SAFF. A Football Agent that performs Football Agent Services within the jurisdiction of the SAFF will be subject to these Regulations and all relevant regulations of the SAFF.

Article (4): Compliance with Eligibility Requirements

  • 1- The SAFF shall report to FIFA any allegations or suspicions regarding any Football Agent’s or applicant’s non-compliance with the eligibility requirements under Article (5) of the FIFA Football Agent Regulations.

  • 2- The SAFF shall assist FIFA in investigating any potential non-compliance with the eligibility requirements established under Article (5) of the FIFA Football Agent Regulations by providing all relevant information at its disposal or requested by FIFA.

Chapter 3: Working as a Football Agent

Article (5): General provisions

  • 1- Only a Football Agent may perform Football Agent Services.

  • 2- A Football Agent shall always satisfy the eligibility requirements stipulated under Article (5) of the FIFA Football Agent Regulations.

  • 3- A Football Agent may conduct their business affairs through an Agency. Any employees or contractors hired by the Agency that are not Football Agents may not perform Football Agent Services or make any Approach to a potential Client to enter into a Representation Agreement. A Football Agent remains fully responsible for any conduct by their Agency, its employees, contractors or other representatives should they violate these Regulations.

  • 4- The following natural or legal persons may not have an Interest in any affairs of a Football Agent or their Agency:

    • (a) Any person who is ineligible to become a Football Agent under Article (5) of these Regulations; and

    • (b) Any person or entity that owns or holds, whether directly or indirectly, any rights relating to the registration of a player, in violation of Article (18bis) or Article (18ter) of the RSTP.

Article (6): Representation

  • 1- A Football Agent may only perform Football Agent Services for a Client after having entered into a written Representation Agreement with that Client.

  • 2- Only a Football Agent may approach a potential Client or enter into a Representation Agreement with a Client for the provision of Football Agent Services.

  • 3- A Representation Agreement concluded between an Individual and a Football Agent may not exceed two years. This term may be extended by a new Representation Agreement only. Any automatic renewal provision, or any other provision that purports to extend any term of the Representation Agreement beyond the maximum period, shall be null and void.

  • 4- A Football Agent may only execute one Representation Agreement with the same Individual at any one time. Before entering into a Representation Agreement with an Individual, or before amending an existing Representation Agreement with an Individual, the Football Agent shall:

    • (a) inform the Individual in writing that they should consider taking independent legal advice in relation to the Representation Agreement; and

    • (b) obtain the Individual’s written confirmation that they have either obtained or decided not to take such independent legal advice.

  • 5- A Representation Agreement concluded between an Engaging Entity or Releasing Entity and a Football Agent is not subject to a maximum duration condition.

  • 6- A Football Agent may execute multiple Representation Agreements with the same Engaging Entity or Releasing Entity at any one time, subject to those agreements relating to different Transactions.

  • 7- A Representation Agreement is valid only if it contains the following minimum requirements:

    • (a) The names of the parties;

    • (b) The duration (if applicable);

    • (c) The amount of the service fees due to the Football Agent;

    • (d) The nature of the Football Agent Services to be provided; and

    • (e) The parties’ signatures and addresses.

  • 8- The Football Agent may only perform Football Agent Services and Other Services to one party to the transaction.

  • 9- A Football Agent and a Connected Football Agent may not perform Football Agent Services or Other Services for different Clients in the same Transaction.

  • 10- Any relevant transfer or employment agreement in a Transaction to be concluded following the provision of Football Agent Services shall specify the Football Agent’s name, their Client, their FIFA licence number and their signature.

  • 11- A Client may negotiate and conclude a Transaction without engaging a Football Agent. If this is the case, this shall be explicitly stated in the relevant transfer or employment agreement.

  • 12- A clause in the Representation Agreement shall be null and void if such clause:

    • (a) limits an Individual’s ability to autonomously negotiate and conclude an employment contract without the involvement of a Football Agent; and/or

    • (b) penalises an Individual if they autonomously negotiate and/or conclude an employment contract without the involvement of a Football Agent

  • 13- A Representation Agreement may be terminated at any time by either party if there is a just cause to do so. A party revoking or terminating a Representation Agreement without just cause shall compensate the other party for any resulting damage. There is a just cause to terminate a Representation Agreement when a party is unable to perform its contractual obligations. This includes, but is not limited to:

    • (a) the termination or suspension of a Football Agent licence;

    • (b) a ban on taking part in any football-related activity; or

    • (c) a ban on registering new players, either nationally or internationally, for at least one entire registration period.

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