FIFA Football Agent Exam Study Materials May 2023 PDF

30 Article 19: Disclosure and publication 1. FIFA shall make available: a) the names and details of all Football Agents; b)  the Clients that Football Agents represent, the exclusivity or non exclusivity of their representation and the expiry date of the Representation Agreement; c) the Football...

30 Article 19: Disclosure and publication 1. FIFA shall make available: a) the names and details of all Football Agents; b)  the Clients that Football Agents represent, the exclusivity or non exclusivity of their representation and the expiry date of the Representation Agreement; c) the Football Agent Services provided to each Client; d) any sanctions imposed on Football Agents and Clients; and e) details of all Transactions involving Football Agents, including the service fee amounts paid to Football Agents. Football Agent Exam Study Materials – May 2023 edition - 404 DISPUTES VI. Football Agent Exam Study Materials – May 2023 edition - 405 32 Article 20: Jurisdiction 1. Without prejudice to the right of a Football Agent or a Client to seek redress before an ordinary court of law, the Agents Chamber of the Football Tribunal has jurisdiction to determine disputes: a)  rising out of, or in connection with, a Representation Agreement with a an international dimension (see art. 2 par. 2 of these Regulations); b)  here a claim is lodged in accordance with the Procedural Rules w Governing the Football Tribunal; and c)  here no more than two years have elapsed from the event giving w rise to the dispute; the application of this time limit shall be examined ex officio in each case. 2. The detailed procedures for the resolution of disputes are set out in the Procedural Rules Governing the Football Tribunal. 3. Without prejudice to the right of a Football Agent or a Client to seek redress before an ordinary court of law, for disputes arising out of, or in connection with, a Representation Agreement without an international dimension, the decision-making body identified in the national football agent regulations of the relevant member association has jurisdiction to determine such disputes (cf. art. 2 par. 3). Football Agent Exam Study Materials – May 2023 edition - 406 DISCIPLINARY MATTERS VII. Football Agent Exam Study Materials – May 2023 edition - 407 34 Article 21: Competence and enforcement 1. The FIFA Disciplinary Committee and, where relevant, the independent Ethics Committee are competent to impose sanctions on any Football Agent or Client that violates these Regulations, the FIFA Statutes or any other FIFA regulations, in accordance with these Regulations, the FIFA Disciplinary Code and the FIFA Code of Ethics. FIFA has jurisdiction regarding: a)  any conduct connected to a Representation Agreement with an international dimension (cf. article 2 par. 2); or b)  any conduct connected to an international transfer or international Transaction. 2. The relevant member association is responsible for imposing sanctions on any Football Agent or Client that violates their national football agent regulations. The relevant member association has jurisdiction regarding: a)  any conduct connected to a Representation Agreement without an international dimension (cf. article 2 par. 3); or b) any conduct connected to a national transfer or national Transaction. 3. The FIFA general secretariat shall monitor compliance with these Regulations. In particular: a) Any party that receives a notice requesting information shall cooperate in full by complying, upon reasonable notice, with requests for any documents, information or any other material of any nature held by it, as well as with requests to procure and provide any documents, information or any other material of any nature not held by the party but which the party is entitled to obtain. Failure to comply with these requests from the FIFA general secretariat may lead to sanctions being imposed by the FIFA Disciplinary Committee. If requested by the FIFA general secretariat, a document (or an excerpt) shall be provided in English, French or Spanish. b) E  lectronic notifications through the Platform or TMS or sent by email to the address provided on the Platform or TMS by the parties are considered valid means of communication and will be deemed sufficient to establish time limits. c) Following an investigation, the FIFA general secretariat may refer cases of non-compliance with these Regulations to the FIFA Disciplinary Committee in accordance with the FIFA Disciplinary Code. d) Following an investigation, the FIFA general secretariat may refer cases of ethical misconduct in relation to these Regulations to the independent Ethics Committee in accordance with the FIFA Code of Ethics. Football Agent Exam Study Materials – May 2023 edition - 408 FINAL PROVISIONS VIII. Football Agent Exam Study Materials – May 2023 edition - 409 36 Article 22: Transitory provisions 1. Representation Agreements that expire on or after 1 October 2023 in force at the time at which these Regulations are approved, notwithstanding those that do not meet the minimum requirements provided in article 12 paragraph 7, shall remain valid (but not be extended) until they expire. 2. Any new Representation Agreements or renewals of existing Representation Agreements concluded after the approval of these Regulations shall be in compliance with these Regulations as from 1 October 2023. 3. A person that has executed any such Representation Agreement shall obtain a licence pursuant to these Regulations to continue providing Football Agent Services as from 1 October 2023. Article 23: A  gents formerly licensed pursuant to the FIFA Players’ Agent Regulations 1. A person formerly licensed as an agent pursuant to the FIFA Players’ Agent Regulations (1991, 1995, 2001 or 2008 editions) is exempt from the requirement to pass the exam established by these Regulations, provided that: a) they submit an application for a licence pursuant to these Regulations up to and including 30 September 2023; b) they provide proof that they were licensed as an agent pursuant to the FIFA Players’ Agent Regulations (1991, 1995, 2001 or 2008 editions); c) upon application, they comply with the eligibility requirements under article 5 of these Regulations; d) as part of their application, they provide proof that they were registered as an intermediary, or were the owner, director, or employee of a legal person registered as an intermediary at a member association between 1 April 2015 and the date of the approval of these Regulations, pursuant to the RWWI or equivalent national regulations; and e) a  fter being confirmed as exempt from the exam by the FIFA general secretariat, they comply with article 7 of these Regulations. 2. If a former licensed agent meets the relevant conditions, they shall be issued a licence in accordance with article 8 of these Regulations. They shall subsequently be subject to the ongoing licensing requirements set out by these Regulations, with the exception that they shall be required to earn a certain number of credits per CPD calendar year for five years, as set out in the annual circular. 3. The FIFA general secretariat is responsible for investigating compliance with paragraph 1 of this article. Football Agent Exam Study Materials – May 2023 edition - 410 37 Article 24: Recognition of national law licensing systems 1. A licensing system for sports agents established pursuant to national law, which permits a person to perform equivalent services to Football Agent Services in a country or territory, may be recognised by FIFA, where it establishes: a) eligibility requirements for all applicants and licensees; and b) a requirement for applicants to successfully pass an exam that includes questions related to football regulations or other substantial educational requirements. 2. An application for FIFA to recognise a licensing system for sports agents established pursuant to national law must be sent to the FIFA general secretariat through the Platform by the relevant member association of the country or territory where such system is applicable. 3. A person licensed to perform equivalent services to Football Agent Services in a certain country or territory in accordance with paragraph 1 of this article is exempt from the requirement to pass the exam established by these Regulations, provided that: a) the member association of the country or territory where such national licensing system applies has been recognised by FIFA in accordance with paragraph 2 of this article; b) such person provides proof that they were licensed to perform services equivalent to Football Agent Services in the relevant country or territory, in accordance with paragraph 1 of this article before the entry into force of these Regulations (see art. 28 par. 1 a) of these Regulations); c) upon application, they comply with the eligibility requirements under article 5 of these Regulations; and 4. If an applicant pursuant to paragraph 3 of this article meets the relevant conditions, they shall be issued a licence in accordance with article 8 of these Regulations. They shall subsequently be subject to the ongoing licensing requirements set out by these Regulations, with the exception that they shall be required to earn a certain number of credits per CPD calendar year for five years, as set out in the annual circular. 5. The FIFA general secretariat is responsible for deciding any application made pursuant to this article. FINAL PROVISIONS d) they comply with article 7 of these Regulations. VIII. Football Agent Exam Study Materials – May 2023 edition - 411 38 Article 25: Football Agent Working Group 1. FIFA will establish a Football Agent Working Group composed of representatives of professional football stakeholders and agent organisations. 2. The Football Agent Working Group will act as a permanent consultative body in relation to any Football Agent-related matters. Article 26: Matters not provided for 1. Any matters not provided for in these Regulations shall be determined by the FIFA general secretariat. 2. Cases of force majeure affecting these Regulations shall be decided by the FIFA Council, the decisions of which are final. Article 27: Official languages 1. If there are any discrepancies in the interpretation of the texts in the various languages in which these Regulations are published, the English text shall be authoritative. Article 28: Enforcement 1. These Regulations were approved by the FIFA Council on 16 December 2022 and enter into force as follows: a) On 9 January 2023: articles 1 to 10 and articles 22 to 27, which generally relate to the processes for obtaining a licence b) On 1 October 2023: the remaining articles, which generally relate to acting as a Football Agent and the obligations of Football Agents and Clients For the avoidance of doubt, the obligation of Clients to only utilise Football Agents to perform Football Agent Services in relation to a Transaction (see art. 11 of these Regulations) commences for all Transactions as from 1 October 2023. Football Agent Exam Study Materials – May 2023 edition - 412