Football Agents: No Such Thing As a FIFA Agent

The discussion surrounding the role of football agents is not a new one. It has been around for years, mainly because of the large sums that are available for the services of agents. This is a fact that cannot be disputed, but the discussion would be better served if one is in a position to identify the kind of regulation that currently applies to the profession of football agents.

The first thing that requires clarification is the kind of regulation that is currently in place regarding football agents' activities. Traditionally, the view that prevailed was that football agents were answerable to no one. This view was not far from the truth, although, there has always been some kind of regulation, albeit, in not so comprehensive terms.

Over the years, sporting governing bodies have developed several forms of self regulation, regarding the activities of football agents. Research has indicated two main reasons as to the development of this type of self regulation: 1) the increased numbers of remuneration for the services of agents and 2) the unethical and sometimes illegal attempts by agents to perform their services.

Given that external regulation [i.e. national legislation] is, usually, absent in European countries, regarding the activities of football agents, the main form of self regulation is the regulatory framework of sporting governing bodies. FIFA was, perhaps, the first and only [at the time] major governing body to introduce regulations regarding the activities of football agents. The term "I am a FIFA agent" was [and still is!!!] a term that was used commonly amongst football agents, with the purpose of glorifying their activities and to confirm a certain degree of integrity and officialdom. 

Regrettably and as the title to this post declares, there is no such thing as a FIFA agent anymore. As a matter of fact, FIFA declared, around 2002, that it did not wish to regulate the activities of football agents at a national level. National Federations were informed that they would be responsible for such regulation and that they needed to ensure that an appropriate regulatory framework could be in place, regarding the activities of football agents.

National Federations, across Europe, complied with such instructions, although FIFA maintained its rules on football agents and still has advisory and supervisory role regarding regulations of National Federations. In certain circumstances, FIFA also acts as a judicial body, regarding breaches of regulations. 

Despite the differences in terminology [for example in Greece they are called 'intermediaries' and in the UK 'authorised agents'], the fact of the matter remains that the football agent is, perhaps, the most important and powerful party in a transfer transaction. Some fail to acknowledge this, but football agents could easily direct their clients to the club they desire. This obviously poses ethical questions, similar to what we, lawyers, are obliged to follow. In other words, you do what is best for your client, not what is best for you. This premise is not always followed and this is evident from the enormous amount of disciplinary hearings we are usually instructed to follow and appear at on behalf of, both, football agents and players.

Such hearings usually focus on alleged contractual breaches and their number is constantly increasing. From experience, the parties fail to adhere to what they originally agreed and they tend to 'walk away' from their contractual obligations. Although an agent may be proper in his contractual obligations, sometimes it is the player too who decides to cancel his contractual obligations without a valid and reasonable justification. In most of the situations we examined, in the last two years, before disciplinary Tribunals, the player would be 'promised' a better deal elsewhere, by other agents, who were not authorised to deal with the player and they would, therefore, incite a breach of contract. Given the amount of money involved in a transfer, the temptation is always there and many do take the risk.

Such activities, therefore, require a strict and solid regulatory framework that could be applied when evidence of malpractice is available. Sporting governing bodies have an important role towards a better administration and practice in this area of sports law. Most of them have a stringent framework with appropriate sanctions. However, if these sanctions could not be applied, when the breach has occurred, the rules would become ineffective and malpractice would continue to rule.

Dr. Gregory Ioannidis

11 May 2012