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FIFA Regulations on Working with Intermediaries Liberalisation or devolution? MICHELE COLUCCI 1
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FIFA A NEW LIBERAL APPROACH…. 2
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Access to Profession FIFA: no conditions, but… Exam: Czech Rep., Denmark Interview: Argentina, Slovak rep., Spain. Professional Liability insurance: Argentina, Brazil, Cz Rp. Mexico, Paraguay, Portugal. Proof of Tax compliance: Belgium, Mexico, Portugal, Slovack rep. Social Security compliance: Belgium,Portugal Residence: Argentina, Paraguay,Turkey Work permit: Mexico Licence (exam): France Authorization from cantonal empl. :Office Switzerland 3
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REGISTRATION PROCESS All transactions must be registered! o Registration for each transaction: (Croatia, Cyprus, Greece, Russia, Serbia) o Yearly registration: (Bulgaria, England Mexico, NL Paraguay, Poland, Qatar Romania) o Dual registration (one for the intermediaries and one for each transaction) : Argentina, Colombia, Denmark, Italy, Japan, Saudi Arabia, Spain, Switzerland, Turkey and Ukraine. 4
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FIFA Innovations: Intermediary declaration "THE IMPECCABLE REPUTATION" Certificates: Croatia, the Netherlands Test of Good Character and Reputation (disqualifying conditions): The FA Extended proof of good conduct: Germany Authorisation to investigate and obtain any kind of information even from third parties: Spain Honorability certified by two renowned personalities from the football world: Colombia 5
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FIFA innovations: Representation contract FIFA: yes to dual representation BUT forbidden in Bulgaria, France, Japan, Paraguay, Portugal and Russia Yes, in all others and… England and Romania, yes but with more guarantees and transparency conditions 6
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REMUNERATION FIFA 3 % cap 7
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REMUNERATION FIFA RECOMMENDS… 3 % cap - 3 % still recommended in 15 countries: Brazil, Denmark, England, Italy… - 3 % mandatory: Cyprus, Paraguay, Russia, Saudi Arabia, Serbia and the UAE - 5 % :Switzerland - 7 %: Bulgaria - 10 %: Croatia, France and Ukraine - 14 %: Germany - No cap: Argentina,Belgium, Czech Republic, The Netherlands, Portugal - Silent rules in Spain 8
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Minors FIFA: no remuneration at all 17 out of 32 of examined associations fully implemented the FIFA rules (Argentina, Brazil, Netherlands, Russia, Spain, Japan, Portugal) England: even stricter rules Czech and Slovak republic: yes remuneration Silence in Italy but for amateurs no remuneration. Germany: judges in favor of remuneration if minor has a Licensed professional contract 9
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BEST PRACTICES Certified intermediaries (Denmark) Mandatory training courses (Turkey) Certification for associations of intermediaries (on going debate in the Netherlands) 10
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IMPACT ON SPORTS STAKEHOLDERS Advantages o More Transparency o More freedom for players o Financial balance 11 Disadvantages - Too many differences in national measures - Risk of contradictions - Increase of difficulties for intermediary - More responsibility for Players and Clubs
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Conclusions o No liberalization but rather devolution! o Overall positive assessment o Further improvements and sistematic review of the implementation in the future 12
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