At its meeting on 17 December 2002, the FIFA Executive Committee
passed the following regulations in compliance with art. 16 par. 3
of the Regulations Governing the Application of the FIFA Statutes.
To simplify matters, the use of the male gender in these
regulations applies to both males and females.
Preamble
- These regulations govern the occupation of match agents who
arrange matches between teams belonging to different
confederations.
- Any confederation that makes use of its entitlement to issue
its own match agents licence (cf. art. 3 par. 2 of these
regulations) shall ensure that its regulations are based on the
guidelines contained in these regulations. In particular, the
principles outlined under art. 4, 8, 9, 12, 16, 17, 19 and 24 of
these regulations are binding for confederations.
I. Principles
Art. 1
- The employment of agents to arrange matches shall be permitted (cf. art. 16 par. 1 of the Regulations Governing the Application of the FIFA Statutes).
Art. 2
- Agents who arrange matches between teams belonging to different confederations must be in possession of a licence issued by FIFA (cf. art. 16 par. 3 of the Regulations Governing the Application of the FIFA Statutes)
Art. 3
- Agents who arrange matches between teams from the same
confederation must be officially recognised by the confederation in
question (cf. art. 16, par. 2 of the Regulations governing the
Application of the FIFA Statutes).
- Confederations shall be entitled to make provisions to issue a
licence of their own.
- If a confederation makes use of this entitlement, a match agent
who is either domiciled or has his headquarters within that
confederation shall not be authorised to become a FIFA match agent
unless he has already obtained a licence from this confederation.
- If a confederation has no provisions to issue a licence, the
match agent may obtain a licence from FIFA.
II. FIFA licence
Art. 4
- Anyone wishing to obtain a FIFA licence to arrange matches
shall send a written request to the FIFA general secretariat.
- Only a natural person may apply for a licence. Applications
from companies or clubs are not permitted.
Art. 5
- The national association where the prospective match agent is
either domiciled or has his headquarters shall enclose written
confirmation with the application that
- the candidate applying for the licence has a good reputation
- it does not object to the candidate acting as agent to organise matches.
- the candidate applying for the licence has a good reputation
- It is the responsibility of the national association in
question to examine the application.
Art. 6
In his application, the prospective match agent shall
formally declare that he is fully conversant with the terms of
these regulations and of the provisions contained in art. 16 of the
Regulations Governing the Application of the FIFA Statutes and that
he accepts the conditions therein.
Art. 7
Once the above-mentioned conditions have been fulfilled, the
FIFA general secretariat shall submit the application received to
the FIFA Players' Status Committee.
Art. 8
- Once the application has been approved by the FIFA Players'
Status Committee, the candidate shall conclude professional
liability insurance with an insurance company in his country.
If the candidate is domiciled or has his headquarters in the European Union (EU)/ European Economic Area (EEA), he may conclude the requisite insurance policy with an insurance company in any EU/EEA country.
The candidate shall then send the insurance policy to the FIFA general secretariat. - The aim of the insurance is to cover any claims for compensation that are made by any party under contract with a match agent and that have arisen from the match agent's typical activities which, in the opinion of FIFA, have contravened the principles of these regulations (cf. art. 20 of these regulations). The policy shall therefore be worded in such a way that every possible risk connected with a match agent's occupation is covered.
- The minimum amount to be covered by the insurance policy shall not be less than CHF 200,000 or the equivalent in another currency. Match agents may insure themselves for a higher amount in accordance with their turnover.
- The professional liability insurance policy shall also cover claims made after expiry of the policy regarding events that occurred during the duration of the policy.
- The match agent is required to renew the insurance policy as
soon as it has expired and automatically send the relevant
documents to the FIFA general secretariat.
Art. 9
- If it is impossible for the candidate to conclude a
professional liability insurance policy in his country in
compliance with art. 8 above, he may deposit a bank guarantee to
the amount of CHF 100,000. The guarantee shall be issued by a Swiss
bank and shall be irrevocable.
- Only FIFA has access to this bank guarantee, which has the same
objective as that of professional liability insurance (cf. art. 8
par. 2 of these regulations). The amount of the guarantee (CHF
100,000) does not represent the maximum amount that may be due to
any party claiming damages.
- If the amount of the guarantee is reduced by a payment from the bank in response to a claim for damages against a match agent, the agent's licence will be suspended until the amount of the guarantee has been restored to the initial amount (CHF 100,000).
Art. 10
Once it has received the professional liability insurance
policy or, in exceptional cases, the bank guarantee, the FIFA
general secretariat shall issue the licence.
Art. 11
The rights and duties described under chapter III below are
inherent in the licence.
Art. 12
The match agent's licence is not transferable. It is not commercial property that can be negotiated, loaned or sold.
III. Rights and duties inherent in the FIFA licence
Art. 13
The FIFA licence to arrange matches confers upon the holder
the exclusive right to arrange friendly matches or tournaments
between national teams or clubs from different confederations.
Art. 14
It is the responsibility of the clubs to obtain authorisation
from their national associations to arrange one or more matches
involving two clubs from different national associations.
Art. 15
If no arrangements have been made directly between clubs
and/or national associations, the latter shall, in principle, only
authorise matches organised by authorised agents.
Art. 16
The club, national association or the person the match agent
claims he is representing, shall, upon demand, confirm such a
mandate in writing as well as any commitments undertaken on their
behalf.
Art. 17
Any commitments undertaken by and for an agent shall be drawn
up in duplicate in writing in the form of a contract signed by all
the parties concerned.
Art. 18
- To be valid, a contract drawn up in accordance with art. 16
shall contain provisions covering:
- expenses for travel, board and basic living costs of the
contractual parties;
- the total net indemnification (after deduction of all charges,
taxes or levies) due to the contractual parties;
- the conditions which shall apply if a match is (or matches are)
cancelled in the case of force majeure;
- the conditions that shall apply if a player who was due to have
been fielded under the terms of the contract does not appear in the
team (including reasons of force majeure);
- the fact that the parties concerned shall be aware of these regulations and undertake to observe the provisions therein.
- expenses for travel, board and basic living costs of the
contractual parties;
- Contracts that do not include one or more of the above provisions shall be null and void.
Art. 19
- The commission received by the FIFA match agent shall not
exceed 25% of the amount he has negotiated for the club or national
association he represents. Contractual provisions that contain
higher commission shall be null and void, but do not affect the
validity of the contract as a whole.
- If the contract concluded between the FIFA match agent and his client does not contain any provisions regarding commission, the match agent shall be entitled to compensation of 10% of the amount he has negotiated for the club or national association he represents.
Art. 20
- FIFA may intervene to ensure that any commitments undertaken
between match agents and teams under contract to the agents are
observed only if the two conditions mentioned under art. 16 par. 4
of the Regulations Governing the Application of the FIFA Statutes
have been complied with.
- If one of the parties to the contract can prove that it has
suffered loss as a result of a match agent's activities, the
FIFA Players' Status Committee may decide to indemnify the
party concerned from the professional liability insurance or, in
exceptional cases, from the bank guarantee provided by the match
agent (cf. art. 8 and 9 of these regulations).
- If a match agent repeatedly causes problems, the FIFA
Players' Status Committee may decide to withdraw his licence.
- Any national association or club that does not observe the
commitments it has undertaken or fails to adhere to the provisions
contained herein shall be sanctioned in accordance with the
statutes and regulations in force.
Art. 21
The FIFA body responsible for supervising and ruling on any
matters connected with the application of these regulations shall
be the FIFA Players' Status Committee.
IV. Disputes
Art. 22
- In the event of a dispute between a match agent and a national
association, a club and/or another match agent, the complaint shall
be submitted to the FIFA Players' Status Committee for
consideration and resolution.
- Any confederation that makes use of the entitlement to issue a
match agent's licence (cf. art. 3 of these regulations) shall
be responsible for dealing with disputes between a match agent and
a national association, a club and/or another match agent, whenever
all of the parties involved are registered with the same
confederation. In such a case, the confederation in question is
obliged to deal with the case and pass a decision.
- The FIFA Players' Status Committee shall not consider any dispute under these regulations if more than two years have elapsed since the facts leading to the dispute arose, and in any case no later than six months after the match agent concerned has terminated his activity as such.
V. Termination of Activity
Art. 23
- Any FIFA agent who terminates his activity is obliged to return
his licence.
- The match agent may not cancel his professional liability insurance policy until he has terminated his occupation (the licence has either been returned or withdrawn). The match agent shall, however, ensure that any claim for compensation that is made after termination of his occupation and that arises from his former activity as a match agent is covered by the insurance (cf. art. 8 par. 4 of these regulations).
VI. Transitional Provisions
Art. 24
Any match agent who has deposited a bank guarantee with a
Swiss bank in compliance with art. 8 of the Regulations Governing
Match Agents dated 2 May 1995 may request FIFA to release the bank
guarantee upon production of a professional liability insurance
policy. The policy shall have been issued by an insurance company
in the country of the match agent concerned.
If the match agent is domiciled or has his headquarters in
the European Union (EU)/ European Economic Area (EEA), he may
conclude the requisite insurance policy with an insurance company
in any EU/EEA country.
Art. 25
Any dispute between a match agent and a national association,
a club and/or another match agent that was submitted to FIFA before
these regulations came into force shall be settled in compliance
with the former version of the FIFA Regulations Governing Match
Agents dated 2 May 1995.
VII. Final Provisions
Art. 26
Any matter not provided for in these regulations shall be
settled by the FIFA Players' Status Committee.
Art. 27
These regulations were initially adopted on 13 June 1991 and
subsequently amended on 31 May 1995 and 17 December 2002. The new
version shall come into force on 1 March 2003.
Madrid/Zurich, 17 December 2002
For the FIFA Executive Committee
President: General Secretary:
Joseph S. Blatter Urs Linsi