Football agents to form African body

Africa’s football agents are considering similar action to their European counterparts by taking legal action against FIFA and its new regulations restricting the agency business. Agents from different countries have for some time now been discussing a potential legal response to these new regulations. One of the options mooted is to form the African Football Intermediaries Association (AFIA) which will be used as a collective voice for the continents’ agents when dealing, not only with FIFA, but also with national football federations and leagues, respectively.

AFIA will have a tentative formation at the upcoming FIFA Player Agents’ Seminar slated for Lagos, Nigeria on 5-6 February 2014. Following the successful agents’ seminar held in Johannesburg, South Africa late last year, the Seminar will again host African FA’s, leagues and agents to debate these new FIFA regulations. Some are interpreting these regulations as ‘unfair and restrictive’ since it could spell the end of ‘player agent licenses’ that allow them to represent football players on a long-term basis. FIFA will no longer accept ‘long-term contracts’ between players and agents in respect of ‘transfer and contract negotiations’.

FIFA adopted these new regulations at its congress held during the World Cup in Brazil last year and from 1 April 2015 it will no longer recognise ‘player agents’ but only accept registered ‘Intermediaries’, which will be appointed by either ‘a player or a club’ to facilitate a ‘transfer or a contract’.

The seminar held in South Africa drew more than 100 participants representing a cross spectrum of FA’s, leagues, clubs, lawyers and agents debating these new regulations, especially how it will affect the relationship between players and agents. Agents will in future only be able to register with the local league when representing either the ‘club or the player’ and will be ‘de-registered’ once the deal has been concluded. The biggest threat to the ‘player agents industry’ is that the new regulations will open the ‘door’ to anybody who is of ‘good standing’ and even corporations could become ‘Intermediaries’ and enter the agency market. FIFA’s new regulations also scrap the need to ‘write an examination’ or lodge public indemnity of CHF 100 000.00.

In terms of FIFA’s new directive FA’s will face potential penalties if they fail to implement these ‘Minimum Standards’ and they must design a new ‘registration system’ that forces both clubs and players to register the “Intermediary” who will facilitate the deal. FA’s must also publicise the names of the ‘Intermediaries’ under their jurisdiction as well as the commissions they’ve earned for the year. These new regulations also prohibit the agent from earning more than 3% of the ‘total earnings of the player’ and it may also not take a commission from a deal where the player is a minor. Many feel that their ‘commission earnings’ should be a private matter and not for all to know how much they’ve earned from a particular deal.

Further, the biggest challenge for ‘Intermediaries’ will be where they could be prevented from doing deals in other countries since FA’s could set different requirements under these new Regulations. The Seminar will also debate the issues around agency contracts, protecting players’ image rights and how to keep disputes between players and clubs out of the courts.

The organisers have extended invitations to stakeholders across Africa and like the Johannesburg edition; it will once again be attended by the who’s who of the footballing world debating the ‘bread and butter’ issues around future of the football agency industry.