Football Agent Exam Study Materials PDF

3 TABLE OF CONTENTS PART I. SCOPE OF APPLICATION 1. Scope of applicability 2. Persons covered 3. Applicability in time 4. Scope of the Code, omissions, custom, doctrine and jurisprudence 5. Division of the Ethics Committee, division of proceedings PART II. SUBSTANTIVE LAW 7 9 10 10 10 10 11 12...

3 TABLE OF CONTENTS PART I. SCOPE OF APPLICATION 1. Scope of applicability 2. Persons covered 3. Applicability in time 4. Scope of the Code, omissions, custom, doctrine and jurisprudence 5. Division of the Ethics Committee, division of proceedings PART II. SUBSTANTIVE LAW 7 9 10 10 10 10 11 12 Section 1: Basis for sanctions 13 6. Basis for sanctions 13 Section 2: Disciplinary measures 13 7. Type of sanctions 8. Suspension of sanctions 13 13 Section 3: Determining the sanction 14 9. General rules 10. Concurrent breaches 11. Repeated breaches 12. Recidivism 14 14 14 15 Section 4: Limitation period 15 13. Limitation period for prosecution 15 Section 5: Rules of conduct 15 Subsection 1: Duties 15 14. General duties 15 15. Duty of neutrality 16 16. Duty of loyalty 16 17. Duty of confidentiality 16 18. Duty to report 17 19. Duty to cooperate 17 Subsection 2: Conflicts of interest, financial benefits and protection of personal rights 18 20. Conflicts of interest 18 21. Offering and accepting gifts or other benefits 18 22. Commission 19 Football Agent Exam Study Materials – May 2023 edition - 159 TABLE OF CONTENTS DEFINITIONS 4 23. Discrimination and defamation 24. Protection of physical and mental integrity Subsection 3: Forgery and falsification, abuse of position, betting and gambling 25. Forgery and falsification 26. Abuse of position 27. Involvement with betting, gambling or similar activities Subsection 4: Bribery and corruption, misappropriation and misuse of funds, and manipulation of football matches or competitions 28. Bribery and corruption 29. Misappropriation and misuse of funds 30. Manipulation of football matches or competitions PART III. ORGANISATION AND PROCEDURE CHAPTER I: ORGANISATION 19 20 20 20 21 21 21 21 22 22 23 24 Section 1: Competence of the Ethics Committee 24 31. Competence of the Ethics Committee 24 Section 2: Common rules for the investigatory and adjudicatory chambers 24 32. Composition of the investigatory and adjudicatory chambers 33. Deputising 34. Secretariats 35. Independence 36. Withdrawal and challenges 37. Confidentiality 24 24 24 25 25 26 CHAPTER II: PROCEDURE 27 Section 1: Procedural rules 27 Subsection 1: General rules 38. Parties 39. Representation 40. Legal aid 41. Failure to cooperate 42. Languages used in proceedings 43. Notification of decisions and other documents 44. Effect of decisions Subsection 2: Proof 45. Various types of proof 46. Anonymous participants in proceedings 47. Identification of anonymous participants in proceedings 48. Inadmissible evidence 49. Evaluation of proof 27 27 27 27 28 28 28 29 29 29 30 30 31 31 Football Agent Exam Study Materials – May 2023 edition - 160 50. Standard of proof 51. Burden of proof Subsection 3: Time limits 52. Beginning and end of time limit 53. Compliance 54. Extension Subsection 4: Suspension of proceedings 55. Suspension or continuation of proceedings Subsection 5: Procedural costs 56. Procedural costs 57. Procedural costs in case of closure of proceedings or acquittal 58. Procedural costs if sanctions are imposed 59. Procedural compensation 31 31 31 31 32 32 32 32 32 32 33 33 33 Section 2: Investigation proceedings 33 Subsection 1: Preliminary proceedings 60. Right to submit complaints 61. Preliminary investigations 62. Opening of investigation proceedings Subsection 2: Initiation and conduct of investigation proceedings 63. Initiation of investigation 64. Duties and competences of the investigatory chamber 65. Conduct of proceedings 66. Competences of the chief of the investigation Subsection 3: Conclusion of investigation proceedings 67. Conclusion of investigation proceedings 68. Final report 69. Plea bargain (application of a sanction by mutual consent) 33 33 34 34 34 34 34 35 35 36 36 36 37 Section 3: Adjudicatory proceedings 38 Subsection 1: Initiation and conduct of proceedings 70. Duties and competences of the adjudicatory chamber 71. Adjudicatory proceedings 72. Jurisdiction of the chairperson of the adjudicatory chamber ruling alone 73. Right to be heard 74. Rejection of motions for the admission of evidence Subsection 2: Composition, hearings 75. Composition of the panel 76. Hearings, principles 77. Hearings, procedure Subsection 3: Deliberations, decisions 78. Deliberations 38 38 38 Football Agent Exam Study Materials – May 2023 edition - 161 39 39 39 39 39 40 41 41 41 6 79. Taking the decision 80. Grounds of decision 81. Form and content of the decision 82. Enforcement of decisions 41 41 41 42 Section 4: Appeal and review 42 83. Appeal Committee 84. Court of Arbitration for Sport 85. Review 42 42 42 Section 5: Provisional sanctions 43 86. Provisional sanction 43 PART IV. FINAL PROVISIONS 44 87. Exemption from liability 88. Official languages 89. Adoption and enforcement Football Agent Exam Study Materials – May 2023 edition - 162 45 45 45 7 DEFINITIONS For the purpose of this Code, the terms set out below are defined as follows: 1. FIFA: Fédération Internationale de Football Association. 2. Official: any board member (including the members of the Council), committee member, referee, assistant referee, coach, trainer or any other person responsible for technical, medical or administrative matters in FIFA, a confederation, a member association, a league or a club as well as all other persons obliged to comply with the FIFA Statutes (except players, match agents licensed by FIFA, and football agents). 3. Match agent licensed by FIFA: as per the FIFA Match Agent Regulations. 4. Football agent: as per the definition contained in the FIFA Football Agents Regulations. 5. Player: any football player licensed by an association. 6. Related party: any party related to persons bound by the Code shall be considered a related party if they fulfil one or more of the following criteria: a) representative or employee; b) spouse or domestic partner; c) individual sharing the same household, regardless of the personal relationship; d) other family member with whom they have a close relationship within a third degree; e) legal entity, partnership or any other fiduciary institution, if the person bound by this Code or the person receiving an undue advantage alternatively: i) holds a management position within that entity, partnership or fiduciary institution; ii) directly or indirectly controls the entity, partnership or fiduciary institution; iii) is a beneficiary of the entity, partnership or fiduciary institution; iv) performs services on behalf of such entity, partnership or fiduciary institution, regardless of the existence of a formal contract. Football Agent Exam Study Materials – May 2023 edition - 163 8 7. FIFA events: any event, including but not limited to FIFA Congress, Council or committee meetings, FIFA competitions, as well as any other event that is within FIFA’s authority or organised by FIFA. 8. Ethics Committee: references to the Ethics Committee in this Code shall include the investigatory and/or adjudicatory chamber. NB: Terms referring to natural persons are applicable to both genders. Any term in the singular applies to the plural and vice-versa. The definitions section in the FIFA Statutes shall also apply. Football Agent Exam Study Materials – May 2023 edition - 164  I. SCOPE OF APPLICATION Football Agent Exam Study Materials – May 2023 edition - 165 10 1. S  cope of applicability 1. This Code shall apply to any conduct, other than those specifically provided by other regulations and connected to the field of play that damages the integrity and reputation of football and in particular to illegal, immoral and unethical behaviour of the persons covered under article 2 of this Code. 2. The rules of conduct defined under part II, section 5 (articles 14 to 30) of this Code shall be included within their respective applicable regulations by the confederations and member associations unless such rules of conduct are already included within their respective regulations currently in place.The principles of the sanctioning system referred to under part II, section 5 (articles 14 to 30) of this Code shall be used as a minimum requirement guidance by the confederations and member associations. 2. Persons covered 1. This Code shall apply to all officials and players as well as match agents licensed by FIFA and football agents, under the conditions of article 1 of this Code. 2. The Ethics Committee is entitled to investigate and judge the conduct of persons who were bound by this or another applicable Code at the time the relevant conduct occurred, regardless of whether the person remains bound by the Code at the time proceedings commence or any time thereafter. 3. Applicability in time This Code applies to conduct whenever it occurred, including before the enactment of this Code. An individual may be sanctioned for a breach of this Code only if the relevant conduct contravened the Code applicable at the time it occurred. The sanction may not exceed the maximum sanction available under the then-applicable Code. 4. Scope of the Code, omissions, custom, doctrine and jurisprudence 1. This Code governs every subject to which the text or the meaning of its provisions refers. 2. If there are any omissions in this Code with respect to procedural rules, and in case of doubts regarding the interpretation of the Code, the Ethics Committee shall decide in accordance with FIFA custom. 3. During all its operations, the Ethics Committee may draw on precedents and principles already established by sports doctrine and jurisprudence. Football Agent Exam Study Materials – May 2023 edition - 166 11 5. Division of the Ethics Committee, division of proceedings 1. The Ethics Committee shall be composed of an investigatory chamber and an adjudicatory chamber. 2. Ethics Committee proceedings shall be made up of an investigation and an SCOPE OF APPLICATION adjudicatory process. I. Football Agent Exam Study Materials – May 2023 edition - 167 II. SUBSTANTIVE LAW Football Agent Exam Study Materials – May 2023 edition - 168 13 SECTION 1: BASIS FOR SANCTIONS 6. Basis for sanctions 1. The Ethics Committee may pronounce the sanctions described in this Code, the FIFA Disciplinary Code and the FIFA Statutes. 2. Unless otherwise specified, breaches of this Code shall be subject to the sanctions set forth in this Code, whether acts of commission or omissions, whether they have been committed deliberately or negligently, whether or not the breach constitutes an act or attempted act, and whether the parties acted as principal, accomplice or instigator. SECTION 2: DISCIPLINARY MEASURES 7. Type of sanctions 1. The following sanctions may be imposed for breaches of this Code or any other FIFA rules and regulations: a) b) c) d) e) f) g) h) i) j) warning; reprimand; compliance training; return of awards; fine; community football service; match suspension; ban from dressing rooms and/or team bench; ban on entering a stadium; ban on taking part in any football-related activity. 2. The specifications in relation to each sanction in the FIFA Disciplinary Code shall also apply. 8. Suspension of sanctions 1. Upon request from the relevant party, the adjudicatory chamber can decide to suspend the sanction provided for by article 7 paragraph 1 (j) of this Code. The probationary period shall consist of anything from one to five years. 2. If the person benefiting from a suspended sanction commits any other breach of this Code during the probationary period, the suspension shall automatically be revoked and the original sanction fully applied and added to the sanction imposed for the new breach. Football Agent Exam Study Materials – May 2023 edition - 169 14 SECTION 3: DETERMINING THE SANCTION 9. General rules 1. When imposing a sanction, the Ethics Committee shall take into account all relevant factors in the case, including the nature of the offence; the substantial interest in deterring similar misconduct; the offender’s assistance to and cooperation with the Ethics Committee; the motive; the circumstances; the degree of the offender’s guilt; the extent to which the offender accepts responsibility, and whether the person mitigated their guilt by returning the advantage received, where applicable. 2. In case of mitigating circumstances, and if deemed appropriate taking into account all circumstances of the case, the Ethics Committee may go below the minimum sanction and/or decide to hand down alternative sanctions as provided under article 7 paragraph 1. 3. Unless this Code mentions otherwise, the Ethics Committee shall decide the scope and duration of any sanction. 4. Sanctions may be limited to a geographical area or to one or more specific categories of match or competition. 5. The Ethics Committee may directly share or otherwise order the responsible FIFA body to share information on a case with the appropriate public authorities without prejudice to the relevant laws and existing legal channels. 10. Concurrent breaches 1. Where more than one breach has been committed, the sanction other than monetary sanctions shall be based on the most serious breach. 2. Concurrent breaches shall be considered aggravating circumstances. 11. Repeated breaches 1. Repeated breaches shall be considered aggravating circumstances. In 2. Repeated breaches occur if another offence of a similar nature and gravity is committed repeatedly over a period of time. The limitation period for prosecution shall only apply as from the date the most recent offence has been committed and shall therefore apply to all previous breaches. SUBSTANTIVE LAW such circumstances, the Ethics Committee may go beyond the maximum sanction provided for a violation of the relevant rule, as specified in this Code. II. Football Agent Exam Study Materials – May 2023 edition - 170 15 12. Recidivism 1. Recidivism shall be considered aggravating circumstances. In such circumstances, the Ethics Committee may go beyond the maximum sanction provided for a violation of the relevant rule, as specified in this Code. 2. Recidivism occurs if another offence of a similar nature and gravity is committed within 15 years of notification of a decision sanctioning a previous offence. SECTION 4: LIMITATION PERIOD 13. Limitation period for prosecution 1. As a general rule, breaches of the provisions of this Code may no longer be prosecuted after five years have elapsed. 2. Offences relating to bribery and corruption (article 28), as well as to misappropriation and misuse of funds (article 29) may no longer be prosecuted after ten years have elapsed. 3. Offences relating to threats, the promise of advantages, coercion and all forms of sexual abuse, harassment and exploitation (article 24) are not subject to such limitation period. 4. The limitation period, when applicable, shall be extended by half its length if a formal investigation is opened before its expiration. 5. The limitation period, when applicable, shall be interrupted where criminal proceedings are formally opened against a person bound by this Code during such proceedings. 6. In case of repeated breaches, the limitation period as described above shall start only after the last of the repeated breaches has ended. SECTION 5: RULES OF CONDUCT Subsection 1: Duties 14. General duties 1. Persons bound by this Code shall be aware of the importance of their duties and concomitant obligations and responsibilities. In particular, persons bound by this Code shall fulfil and exercise their duties and responsibilities diligently, especially with regard to finance-related matters. 2. Persons bound by this Code shall respect FIFA’s regulatory framework to the extent applicable to them. Football Agent Exam Study Materials – May 2023 edition - 171 16 3. Persons bound by this Code shall appreciate the impact their conduct may have on FIFA’s reputation, and shall therefore behave in a dignified and ethical manner and act with complete credibility and integrity at all times. 4. Persons bound by this Code must refrain from any activity or behaviour or any attempted activity or behaviour that might give rise to the appearance or suspicion of improper conduct as described in the sections that follow. 5. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. 15. Duty of neutrality 1. In dealings with government institutions, national and international organisations, associations and groupings, persons bound by this Code shall, in addition to observing the basic rules of article 14, remain politically neutral, in accordance with the principles and objectives of FIFA, the confederations, associations, leagues and clubs, and generally act in a manner compatible with their function and integrity. 2. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. 16. Duty of loyalty 1. Persons bound by this Code shall have a fiduciary duty to FIFA, the confederations, associations, leagues or clubs. A breach of fiduciary duty occurs when, inter alia, someone who is placed in a position of responsibility or trust acts in a way that is detrimental to the interests of FIFA, the confederations, associations, leagues or clubs or is likely to damage their reputation. 2. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. 17. Duty of confidentiality to persons bound by this Code while performing their duties shall be treated as confidential or secret by them, if the information is given with the understanding or communication of confidentiality and is consistent with FIFA principles. 2. The obligation to respect confidentiality survives the termination of any relationship which makes a person subject to this Code. 3. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. Football Agent Exam Study Materials – May 2023 edition - 172 SUBSTANTIVE LAW 1. Depending on their function, information of a confidential nature divulged II. 17 18. Duty to report 1. Persons bound by this Code who become aware of any infringements of this Code shall inform, in writing, the secretariat and/or chairperson of the investigatory chamber of the Ethics Committee directly. 2. Failure to report such infringements shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football- related activity for a maximum of two years. 19. Duty to cooperate 1. Persons bound by this Code shall assist and cooperate truthfully, fully and in good faith with the Ethics Committee at all times, regardless of whether they are involved in a particular matter as a party, as a witness, or in any other role. This requires, inter alia, full compliance with Ethics Committee requests, including without limitation requests to clarify facts; provide oral or written testimony; submit information, documents or other material; and disclose details regarding income and finances, if the Ethics Committee deems it to be necessary. 2. Persons bound by this Code who are required to cooperate with the Ethics Committee in a specific case, regardless of whether they are involved as a party, as a witness, or in any other role, shall treat the information provided and their involvement strictly confidentially, unless otherwise instructed by the Ethics Committee. 3. Persons bound by this Code shall not take any action actually or apparently intended to obstruct, evade, prevent, or otherwise interfere with any actual or potential Ethics Committee proceedings. 4. In connection with any actual or potential Ethics Committee proceedings, persons bound by this Code shall not conceal any material fact; make any materially false or misleading statement or representation; or submit any incomplete, materially false or misleading information or other material. 5. Persons bound by this Code shall not harass, intimidate, threaten or retaliate against someone for any reason related to that person’s actual, potential or perceived assistance to or cooperation with the Ethics Committee. 6. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. Football Agent Exam Study Materials – May 2023 edition - 173 18 Subsection 2: C  onflicts of interest, financial benefits and protection of personal rights 20. Conflicts of interest 1. Persons bound by this Code shall not perform their duties (in particular, preparing or participating in the taking of a decision) in situations in which an existing or potential conflict of interest might affect such performance. A conflict of interest arises if a person bound by this Code has, or appears to have, secondary interests that could influence their ability to perform their duties with integrity in an independent and purposeful manner. Secondary interests include, but are not limited to, gaining any possible advantage for the persons bound by this Code themselves or related parties as defined in this Code. 2. Before being elected, appointed or employed, persons bound by this Code shall disclose any relations and interests that could lead to situations of conflicts of interest in the context of their prospective activities. 3. Persons bound by this Code shall not perform their duties (in particular preparing, or participating in, the taking of a decision) in situations in which there is a danger that a conflict of interest might affect such performance. Any such conflict shall be immediately disclosed and notified to the organisation for which the person bound by this Code performs their duties. 4. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years. 21. Offering and accepting gifts or other benefits 1. Persons bound by this Code may only offer or accept gifts or other a) have symbolic or trivial value; b) are not offered or accepted as a way of influencing persons bound by this Code to execute or omit an act that is related to their official activities or falls within their discretion; c) are not offered or accepted in contravention of the duties of persons bound by this Code; d) do not create any undue pecuniary or other advantage; and e) do not create a conflict of interest. Any gifts or other benefits not meeting all of these criteria are prohibited. Football Agent Exam Study Materials – May 2023 edition - 174 SUBSTANTIVE LAW benefits to and from persons within or outside FIFA, or in conjunction with intermediaries or related parties as defined in this Code, where such gifts or benefits: II. 19 2. If in doubt, gifts or other benefits shall not be accepted, given, offered, promised, received, requested or solicited. In all cases, persons bound by this Code shall not accept, give, offer, promise, receive, request or solicit from anyone within or outside FIFA, or in conjunction with intermediaries or related parties as defined in this Code, cash in any amount or form. If declining the gift or benefit would offend the giver on the grounds of cultural norms, persons bound by this Code may accept the gift or benefit on behalf of their respective organisation and shall report it and hand it over, where applicable, immediately thereafter to the competent body. 3. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. Any amount unduly received shall be included in the calculation of the fine. In addition to the fine, the gift or benefit unduly received should be returned, if applicable. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years. 22. Commission 1. Unless covered by a genuine commercial agreement, persons bound by this Code shall not accept, give, offer, promise, receive, request or solicit commission for themselves or third parties for negotiating deals or conducting other business in connection with their duties. 2. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. Any amount unduly received shall be included in the calculation of the fine. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years. 23. Discrimination and defamation 1. Persons bound by this Code shall not offend the dignity or integrity of a country, a person or group of people through contemptuous, discriminatory or derogatory words or actions on account of race, skin colour, ethnicity, nationality, social origin, gender, disability, sexual orientation, language, religion, political or any other opinion, wealth, birth or any other status or any other reason. 2. Persons bound by this Code are forbidden from making any public statements of a defamatory nature towards FIFA and/or towards any other person bound by this Code in the context of FIFA events. 3. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a maximum of two years. In serious cases and/or in the case of repetition, a ban on taking part in any football-related activity may be pronounced for a maximum of five years. Football Agent Exam Study Materials – May 2023 edition - 175 20 24. Protection of physical and mental integrity 1. Persons bound by this Code shall protect, respect and safeguard the integrity and personal dignity of others. 2. Persons bound by this Code shall not use offensive gestures and language in order to insult someone in any way or to incite others to hatred or violence. 3. Persons bound by this Code must refrain from all forms of physical or mental abuse, all forms of harassment, and all other hostile acts intended to isolate, ostracise or harm the dignity of a person. 4. Threats, the promise of advantages, coercion and all forms of sexual abuse, harassment and exploitation are particularly prohibited. 5. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years. In cases of sexual exploitation or abuse, or in serious cases and/or in the case of repetition, a ban on taking part in any football related activity may be pronounced for a minimum of ten years. 6. Persons bound by this Code who may have been the victim of potential sexual abuse or harassment may appeal before CAS against the decision rendered by the adjudicatory chamber in the related proceedings in accordance with the procedure defined in this Code. They will, in particular, be provided with the decision, the final report of the investigatory chamber, as well as with any document or evidence produced by the parties before the adjudicatory chamber. Their deadline to appeal the relevant decision before CAS shall commence on the day of notification of those documents. 7. Confederations and associations shall immediately notify FIFA of any decision taken by their respective bodies sanctioning a person for conduct described in this article. Subsection 3: F  orgery and falsification, abuse of position, betting and gambling 25. Forgery and falsification falsifying an authentic document or using a forged or falsified document. 2. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years. SUBSTANTIVE LAW 1. Persons bound by this Code are forbidden from forging a document, II. Football Agent Exam Study Materials – May 2023 edition - 176 21 26. Abuse of position 1. Persons bound by this Code shall not abuse their position in any way, especially to take advantage of their position for private aims or gains. 2. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 10,000 as well as a ban on taking part in any football-related activity for a minimum of two years. The sanction shall be increased accordingly where the person holds a high position in football, as well as in relation to the relevance and amount of the advantage received. 27. Involvement with betting, gambling or similar activities 1. Persons bound by this Code shall be forbidden from participating in, either directly or indirectly, betting, gambling, lotteries or similar events or transactions related to football matches or competitions and/or any related football activities. 2. Persons bound by this Code shall not have any direct or indirect financial interest (through or in conjunction with third parties) in activities, such as betting, gambling, lotteries or similar events or transactions connected with football matches and competitions. Interests include gaining any possible advantage for the persons bound by this Code themselves and/or related parties. 3. Provided that the relevant conduct does not constitute another violation of this Code, violation of this article shall be sanctioned with an appropriate fine of at least CHF 100,000 and a ban on taking part in any football-related activity for a maximum of three years. Any amount unduly received shall be included in the calculation of the fine. Subsection 4: B  ribery and corruption, misappropriation and misuse of funds, and manipulation of football matches or competitions 28. Bribery and corruption 1. Persons bound by this Code shall not accept, give, offer, promise, receive, request or solicit any personal or undue pecuniary or other advantage in order to obtain or retain business or any other improper advantage to or from anyone within or outside FIFA. Such acts are prohibited regardless of whether carried out directly or indirectly through, or in conjunction with, third parties. In particular, persons bound by this Code shall not accept, give, offer, promise, receive, request or solicit any personal or undue pecuniary or other advantage for the execution or omission of an act that is related to their official activities and is contrary to their duties or falls within their discretion. Football Agent Exam Study Materials – May 2023 edition - 177 22 2. Persons bound by this Code shall refrain from any activity or behaviour that might give rise to the appearance or suspicion of a breach of this article. 3. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 100,000 as well as a ban on taking part in any football-related activity for a minimum of five years. Any amount unduly received shall be included in the calculation of the fine. The sanction shall be increased accordingly where the person holds a high position in football, as well as in relation to the relevance and amount of the advantage received. 29. Misappropriation and misuse of funds 1. Persons bound by this Code shall not misappropriate or misuse funds of FIFA, the confederations, associations, leagues or clubs, whether directly or indirectly through, or in conjunction with, third parties. 2. Persons bound by this Code shall refrain from any activity or behaviour that might give rise to the appearance or suspicion of a breach of this article. 3. Violation of this article shall be sanctioned with an appropriate fine of at least CHF 100,000 as well as a ban on taking part in any football-related activity for a minimum of five years. The amount of misappropriated funds shall be included in the calculation of the fine. The sanction shall be increased accordingly where the person holds a high position in football, as well as in relation to the relevance and amount of the funds concerned or of the advantage received. 30. Manipulation of football matches or competitions 1. Persons bound by this Code are forbidden from being involved in the manipulation of football matches and competitions, and shall immediately report to the Ethics Committee any approach in connection with activities and/or information directly or indirectly related to the possible manipulation of a football match or competition. 2. The competence to adjudicate on all conduct related to the manipulation of football matches or competitions, both on and off the field of play, remains reserved for the FIFA Disciplinary Committee. information obtained during its investigatory activity that might be related to conduct committed by any persons bound by this Code in violation of this article. SUBSTANTIVE LAW 3. The investigatory chamber shall transfer to the Disciplinary Committee any II. Football Agent Exam Study Materials – May 2023 edition - 178