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Current Status of FIFA Football Agent Regulations (FFAR)

The introduction of FIFA’s Football Agent Regulations (FFAR) marked a significant shift in the regulation of agents within the football ecosystem. Initially implemented in January 2023, these regulations aimed to establish ethical standards, improve transparency, and streamline operations in football representation. However, due to widespread legal challenges, many provisions of the FFAR have been temporarily suspended globally, leaving the future of agent regulation in flux.

The Evolution of the FFAR

FIFA’s FFAR was a response to growing concerns over unregulated agent activities, particularly after the deregulation in 2015. The new framework introduced key reforms, including:

  • Caps on agent fees, intended to ensure equitable earnings and transparency.
  • A mandatory licensing system requiring agents to pass an exam.
  • Restrictions on multiple representation, limiting potential conflicts of interest.
  • Establishment of the FIFA Agents Chamber for dispute resolution.

Widespread Legal Challenges

Despite its ambitious goals, the FFAR faced significant resistance from the agent community, citing concerns over competition law and professional freedoms. Courts in multiple jurisdictions, including Germany, Brazil, England, and Spain, have issued injunctions against the implementation of critical provisions of the FFAR. Key points of contention include:

  • Fee Caps: Many courts, such as those in Germany and England, ruled that commission caps could violate competition laws, considering them restrictive to a free market.
  • Client-Pays Rule: This rule, requiring players to pay agents directly, has been suspended due to its potential impact on income taxation and market dynamics.
  • Dual Representation: The prohibition on agents representing multiple parties simultaneously has been challenged for stifling operational flexibility.

These rulings prompted FIFA to issue Circular No. 1873 in December 2023, announcing a global suspension of key FFAR provisions pending a final decision from the European Court of Justice (ECJ), expected in 2025.

Current Regulatory Landscape

With the FFAR’s provisions suspended, the regulatory framework has reverted to a combination of FIFA’s older Regulations on Working with Intermediaries and national regulations:

  • Brazil: The FFAR and Brazil’s National Football Agent Regulations (RNAF) were suspended following legal challenges, reinstating the previous system.
  • Europe: Germany, Spain, and England have issued rulings against FFAR provisions, and other countries await the ECJ’s decision.
  • Global Application: FIFA has maintained the licensing exam, but fee caps, dual representation rules, and the Agents Chamber remain on hold globally​.

What Lies Ahead?

The future of agent regulation depends heavily on upcoming legal rulings, particularly from the ECJ. FIFA remains committed to refining and implementing a sustainable framework but faces significant hurdles in reconciling its global vision with national and regional legal systems.

How We Help

At Nir Inbar Sports Law & Business, we provide expert guidance to agents navigating this uncertain regulatory environment. Our services include:

  • Advising on compliance with existing national and FIFA regulations.
  • Representation in disputes arising from FFAR implementation and national regulations.
  • Strategic planning for agents and agencies to thrive amid regulatory shifts.

Stay updated with the latest developments in FIFA’s agent regulations and let us help you succeed in this evolving landscape.

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