Untitled - Qatar Football Association

INDEX
DEFINITIO NS
I. OBJECTS AND AP P LICATION
Article (1) Scope
II. A D M ISSIBILITY OF P LAY E RS ’ AG E NT S ’ ACT I V I T Y
Article (2) General
Article (3) Admissibility of Players’ Agents and Business Structure
Article (4) Exempted Individuals
III. ACQ U IS ITION AND LOS S OF P L AY E RS ’ AG E NT
L ICEN C E
Article (5) Responsibility for Issuing a Licence
Article (6) Prerequisites for Application
Article (7) Application
Article (8) Examination Procedure
Article (9) Insurance
Article (10) Bank Guarantee
Article (11) Compliance with the Code of Professional Conduct and
Football Regulations
Article (12) Issuance of Licence
Article (13) Publication
Article (14) Loss of License
Article (15) Withdrawal of License due to Failure to Meet Prerequisites
Article (16) Verification of Prerequisites
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Article (17) Re-examination
Article (18) Termination of Activity
IV. RIGHTS AND OBLIGATIONS O F P L AY E RS ’
AG ENTS
Article (19) Representation Agreement
Article (20) Minor Players
Article (21) Conflicts of Interest
Article (22) Remuneration
Article (23) Information of Client and Disclosure of Involvement in a
Transaction
Article (24) Records
Article (25) Right to Make Contact, Prohibition on Approaches
Article (26) Adherence to Statutes, Regulations and applicable Laws
in the State of Qatar
Article (27) Adherence to Code of Professional Conduct
V. R IG H TS AND OBLIGATIONS O F P L AY E RS
Article (28) Engagement of Players’ Agents duly Licensed
Article (29) Reference in Negotiated Contracts
VI. RIGHTS AND OBLIGATIONS O F CL UBS
Article (30) Engagement of Players’ Agents duly Licensed
Article (31) Reference in Negotiated Contracts
Article (32) P
ayment Restrictions and Assignment of Rights and
Claims
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Players’ Agents Regulations
V II. DISPU T E S IN CONNE CTION TO P L AY E RS ’
AG ENTS’ ACTIV ITY
Article (33) Domestic Disputes
V III. D ISC IP LINARY S ANCTIONS
Article (34) General Provision
Article (35) Competence
Article (36) Sanctions on Players’ Agents
Article (37) Sanctions on Players
Article (38) Sanctions on Clubs
IX. O FFICIAL LANGUAGE AND OMI S S I O NS
Article (39) Official Language
Article (40) Omissions
X . TRANSITIONAL P ROV IS IONS AND E NF O RCE ME NT
Article (41) Transitional Provisions
Article (42) Enforcement
ANNEX 1 Code of P rofessiona l Co n d u c t
ANNEX 2 Ins ura nce P olicy a nd Ba n k G u a r a n te e
ANNEX 3 Sta nda rd Re pre s e nta ti o n Ag r e e m e n t
ANNEX 4 Re gis tere d Foreign P la y e r s ’ Ag e n ts
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Players’ Agents Regulations
DEFINITIONS
The terms given below denote the following:
Players’ Agent:
Licensed Players’ Agent and Registered Foreign Players’
Agent at the QFA.
Licensed
Players’ Agent:
a natural person, duly licensed by the QFA, who, for a fee,
introduces Players to Clubs with a view to negotiating or
renegotiating an employment contract or introduces two
clubs to one another with a view to concluding a transfer
agreement.
a natural person, duly licensed by a national association,
other than QFA, affiliated to FIFA, and registered with QFA
who, for a fee, introduces Players to Clubs with a view
to negotiating or renegotiating an employment contract
or introduces two clubs to one another with a view to
concluding a transfer agreement, in compliance with the
provisions set forth in these regulations.
Registered Foreign
Players’ Agent:
Player:
a football player who is registered or is eligible to be
registered for a Club in Qatar.
Local Player:
a football player of Qatari Nationality.
QFA:
AFC:
Club:
Qatar Football Association.
QSLM:
Qatar Stars League Management – An organization
subordinate to and recognized by the QFA
Asian Football Confederation.
a football club in membership of a league sanctioned by
the QFA.
Code of
Professional
Conduct:
the Code of Professional Conduct as determined by FIFA
and set out in Annex 1 of these Regulations.
FIFA:
Fédération Internationale de Football Association.
Terms in these regulations referring to natural persons are applicable to both genders.
Any term in the singular applies to the plural and vice-versa.
These Regulations are made in accordance with the requirement of FIFA that national
associations have regulations governing the occupation, conduct and use of services
of agents.
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I. OBJECTS AND APPLICATION
Article 1 Scope
1. These Regulations govern the issuance of Licensed Players’ Agent’s licence by
the Qatar Football Association, the occupation of Licensed Players’ Agents and
the rights and obligations of the Players and Clubs in this respect.
2. These Regulations also govern the activity of Registered Foreign Players’
Agents if they are involved in a transaction in connection with a Club or a
Player registered with QFA or to be registered with QFA after completion of the
transaction on which the Registered Foreign Players’ Agent is acting. In order to
be legally involved in the above mentioned transactions, foreign Players’ Agents
are required to register with QFA, as per Annex 4 of these Regulations. If the
above mentioned transaction involves a Local Player, then, in addition to the
registration with QFA, a Registered Foreign Player’s Agent must include in the
pertinent transaction and/or act through a Licensed Players’ Agent, while fulfilling
all requirements as per the laws of the State of Qatar governing business activity
as well as the provisions of these Regulations. For the avoidance of doubt, any
transaction in breach of the above mentioned requirements, shall be considered
null and void and without any legal effect whatsoever.
3. These Regulations do not cover any services which may be provided by Players’
Agents to other parties such as managers or coaches. Such activity in the
territory of Qatar is regulated by the applicable laws of the State of Qatar.
4. These Regulations shall also ensure the appropriate training and standard of
Licensed Players’ Agents.
5. In the event of a conflict between these Regulations and the FIFA Players’ Agents
Regulations, these Regulations shall apply.
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Players’ Agents Regulations
II. ADMISSIBILITY OF PLAYERS’ AGENTS’ ACTIVITY
Article 2 General
1. Both Players and Clubs are entitled to engage the services of a Players’ Agent
in connection with a transfer or with a view to negotiating or renegotiating an
employment contract. The Players’ Agent is entitled to be remunerated for the
service he provides, subject to Article 20 par. 2. Players’ Agents are obligated to
comply with the applicable laws in the State of Qatar, including, but not limited
to, those relating to job placement as well as Law no. 15 of the year 2011 for
Combating Human Trafficking.
2. In respect of these Regulations, Clubs, Players and Players’ Agents acknowledge
and accept their respective direct responsibilities to comply with the requirements
of any and all applicable laws and other relevant statutory legal requirements.
3. Subject to the exemptions found in Articles 4.1 and 4.2, Players and Clubs are
forbidden from using the services of an unlicensed players’ agent.
4. A Player or Club must take all reasonable steps to satisfy themselves that any
person carrying out or seeking to carry out any agency activity, whether directly
or indirectly, is a Players’ Agent entitled to act under a valid representation
agreement or an exempted individual (Article 4).
5. A Club, Player or Players’ Agent must not so arrange matters as to conceal
or misrepresent the reality and/or substance of any matters in relation to a
transaction or contract negotiation.
Article 3 Admissibility of Players’ Agents and Business Structure
1. Players’ Agents’ activity in the territory of Qatar may only be carried out by natural
persons who are either Licensed Players’ Agents or Registered Foreign Players
Agents, under the provisions foreseen in these Regulations.
2. A Players’ Agent may organize his occupation as a business as long as his
employees’ work is restricted to administrative duties connected with the
business activity of a Players’ Agent. Only the Players’ Agent himself is entitled
to represent and promote the interests of Players and/or Clubs.
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3. A Players’ Agent shall use reasonable endeavours to ensure that an organisation
(agency, person, firm or company) with which he may be employed or retained
shall comply with the requirements of the statutes and regulations of the QFA,
as well as the relevant provisions of Qatari Law, in relation to the agency activity
carried out by that Players’ Agent.
Article 4 Exempted Individuals
1. The parents, siblings or spouse of the Player may represent him in the negotiation
or renegotiation of an employment contract.
2. A legally authorised practising lawyer in compliance with the rules in force in
his country of domicile may represent a Player or a Club in the negotiation of a
transfer or employment contract.
3. The activity of such exempted individuals does not fall under the jurisdiction of
the QFA.
III. ACQUISITION AND LOSS OF PLAYERS’ AGENT
LICENCE
Article 5 Responsibility for Issuing a Licence
1. Licensed Players’ Agent licences are issued by the QFA, if the applicant is a
Qatari national domiciled in the State of Qatar or if any other applicant has been
a continuously resident in the State of Qatar for two years or more prior to the
application.
Article 6 Prerequisites for Application
1. The applicant is required to submit a written application for a players’ agent
licence to the QFA.
2. The applicant must be a natural person with an impeccable reputation. QFA will
consider among others the applicant’s criminal records and financial history (e.g.
any history of bankruptcy) and any dealings by the applicant in relation to the game
of football or otherwise which the QFA may consider relevant to his acceptability.
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Players’ Agents Regulations
3. The applicant may not, under any circumstances, hold a position as an official,
employee, etc. at the QFA, QSLM, FIFA, a Confederation, a national association,
a league, a club or any organisation connected with such organisations and
entities up to two years prior to the respective application.
4. The applicant may not have any financial interest or any form of ownership
whatsoever in a Club, either directly or indirectly.
5. The applicant may not be an undischarged bankrupt.
6. The applicant must be holder of a bachelor degree or equivalent. He must speak
and write Arabic as well as at least one of the official languages of FIFA.
7. The prerequisites of this clause must be satisfied at all times throughout the
Licensed Players’ Agent’s entire career (cf. Article 15).
8. By the act of applying, the applicant agrees to abide by the statutes, regulations,
directives and decisions of the competent bodies of QFA, QSLM, FIFA and AFC..
9. The QFA shall charge the applicant a non-refundable administration fee of QR
5,000.
10. The QFA is responsible for ascertaining that an application satisfies the relevant
prerequisites. If any prerequisite is not met, the application shall be rejected. If
the applicant is not eligible to be issued with a licence, he may subsequently
reapply for a licence at such time as he is able to fulfil the prerequisites for
applying.
Article 7 Application
1. The application shall include:
• Written application;
• Copy of Qatari Passport and residency certificate;
• For foreign applicant, copy of passport and residency certificate;
• Police clearance certificate;
• Copy of the bachelor degree and proof of language skills;
• Signed declaration of the applicant that he does not hold a position as
an official, employee, etc. at the QFA, FIFA, a Confederation, a national
association, a league, a club or any organisation connected with such
organisations and entities up to two years prior to his application;
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• Signed declaration of the applicant that he does not have any financial
interest or any form of ownership whatsoever in a Club, either directly
or indirectly;
• Proof of payment of the administration fee.
2. The QFA may request any other information about the applicant and in this case
grants him a deadline to do so.
Article 8 Examination Procedure
1. If an application satisfies the relevant prerequisites, the QFA shall invite the
applicant to take a written examination. The examination is organised by the
QFA and held under the general supervision of FIFA. The QFA may hold written
examinations, subject to there being a candidate for examination, twice a year
on dates determined by FIFA.
2. If, for any reason, the QFA is not able to hold an examination on the set date, it
may decide not to hold an examination at all, but it shall announce its decision
not to do so in advance through its official communication channels. In any
case, the QFA is only permitted to decide not to organise an examination for two
consecutive sessions.
3. The examination shall be set as a multiple-choice test. The applicant shall be
considered to have passed the examination if he attains the minimum mark
set by FIFA. The applicant shall have between 60 and 90 minutes to complete
the examination. The QFA is free to fix the exact duration of the examination
within these parameters. FIFA shall set the minimum mark required to pass the
examination. Each correct answer shall be awarded one point only. Before they
take the examination, the QFA shall inform the applicant of the maximum time at
their disposal as well as the minimum mark to be attained.
4. Each applicant shall be tested on the following subjects:
a. knowledge of the current football regulations, especially in connection with
transfers (the statutes and regulations of the QFA, QSLM, FIFA and the AFC);
b. knowledge of civil law (basic principles of personal rights) and the law of
obligations (law of contract).
5. Each examination shall consist of twenty questions, fifteen on international
regulations and five on national regulations. The QFA shall set its own questions
on national subjects, whereas FIFA shall set the questions on its own statutes
and regulations and provide the QFA with the relevant examination paper. The
questionnaire supplied by FIFA must be used.
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Players’ Agents Regulations
6. After the examination, the examination papers shall be marked in due course
and without delay and the applicant shall be informed of the outcome.
7. An applicant who fails to attain the minimum mark may apply to retake the
examination on the next available date.
8. If an applicant fails to attain the minimum mark at the second attempt, he may
not retake the examination until the next calendar year has elapsed. Only then
may he apply to take the examination a third time, in which case he may choose
to be examined by the QFA or by FIFA.
9. Any applicant who fails to attain the minimum mark at the third attempt may not
take the examination again for another two years.
10. Enquiries concerning the results of the examination may be referred to the QFA
or to FIFA via the QFA within six months of the date of the relevant examination.
Article 9 Insurance
1. If the applicant passes the written examination, the applicant must obtain and
maintain a professional liability insurance in his own name (cf. Annexe 2) with
a reputable insurance company duly recognized in the State of Qatar. The
insurance shall adequately cover any risks that may arise from the Licensed
Players’ Agent’s activity. The insurance shall also cover any damages that may
be incurred after the termination of the Licensed Players’ Agent’s activity but that
were caused by such activity. The policy shall therefore be worded in such a way
that every possible risk connected with the Licensed Players’ Agent’s occupation
is covered.
2. The applicant is responsible for ensuring that the QFA receives a copy of the
insurance policy and the certificate that relates to the policy. A Licence shall not
be issued by the QFA unless and until it has received a copy of the insurance.
3. A Licensed Players’ Agent must maintain the professional liability insurance
for such period as is necessary after he has retired as a Licensed Players’
Agent, or had his licence suspended or withdrawn, to ensure that any claim for
compensation made which originates from his former activities as a Licensed
Players’ Agent, is covered by the insurance.
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4. The applicant or Licensed Players’ Agent is responsible for ensuring that
insurance is in place at all times. In the event that insurance is not in place for
any reason to the level and on the terms required by FIFA or the QFA, then the
Licensed Players’ Agent concerned will be deemed to be an unauthorised agent
and may not carry out Licensed Players’ Agent’s activity unless and until the
appropriate insurance cover is restored. In the event that the insurance cover
expires and is not renewed (or in the event that an applicant does not obtain the
appropriate insurance within six months of the date he took the examination), the
Licensed Player’s Agent or applicant will be considered to have terminated his
activities and his licence will be automatically withdrawn. In such circumstances,
the Licensed Players’ Agent or applicant will be required to resubmit to the
application process in full, should he wish to carry out any further Licensed
Players’ Agent’s activity.
Article 10 Bank Guarantee
1. Instead of the professional liability insurance policy referred to in Article
9 above and only in the event that it is not possible for an applicant to
conclude a professional liability insurance policy in compliance with Article 9
of these Regulations, the applicant may provide a bank guarantee from a
Swiss bank for a minimum amount of CHF 100,000 under the limitations
set out in Annexe 2. The bank guarantee shall be issued by a Swiss
bank and accompanied by an irrevocable statement that the guaranteed
amount shall be paid out unconditionally if a judgment is passed by a
court, a tribunal and/or by the relevant football authorities in favour of a
player, a club or another players’ agent who has suffered damages as a
result of the Licensed Players’ Agent’s activity.
Article 11 Compliance with the Code of Professional Conduct
and Football Regulations
1. The successful applicant shall sign the Code of Professional Conduct (cf. Annexe
1) governing his activity and agrees to comply with that Code of Professional
Conduct at all times. The QFA must keep the original of the signed Code of
Professional Conduct.
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Article 12 Issuance of Licence
If all of the prerequisites for the issuance of a players’ agent’s licence are satisfied,
including the signing of the Code of Professional Conduct and the conclusion of
professional liability insurance or bank guarantee (where applicable), the QFA
shall issue the licence. The QFA will notify FIFA of successful applicants. The
licence is strictly personal and non-transferable. Essentially, it allows the Licensed
Players’ Agent to conduct his work in organised football on a worldwide basis,
with due respect to the laws applicable in the territory of the relevant associations.
If an applicant does not fulfil all prerequisites for the issuance of the licence, within
six (6) months of the date he took the examination, he shall have to resit the
examination.
Any Licensed Players’ Agent who has had his licence suspended or withdrawn, or
who terminates his activities in that capacity, must return his licence to the QFA.
After the applicant has received his licence from QFA, he may add the following
designation, and no variation thereof, after his name in business relations:
“Players’ Agent Licensed by the Qatar Football Association”. Only Licensed
Players’ Agents licensed by the QFA are entitled to use this title. A Licensed
Players’ Agent shall not be entitled to hold himself out as having any connection
with the QFA other than this designation.
Each Licensed Players’ Agent agrees to fully and effectively indemnify the QFA and
to keep the QFA fully and effectively indemnified against any and all damages,
liabilities, penalties, fines, expenses (including legal expenses), actions,
proceedings, demands and losses it suffers as a direct or indirect result of:
a) any breach by the Licensed Players’ Agent of these Regulations; and
b) any non-compliance by the Licensed Players’ Agent with any relevant laws or
regulations of any relevant authority which shall, for the avoidance of doubt,
include, but not be limited to, FIFA.
In granting the licence under these Regulations, the QFA makes no representation or
warranty as to the ability, expertise or bona fides of any Licensed Players’ Agent.
Each Licensed Players’ Agent shall comply with such requirements as the QFA may
reasonably impose in relation to continuing professional development and training
from time to time.
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Article 13 Publication
1. The QFA will maintain an up-to-date register of all the Licensed Players’ Agents
to which it has issued a licence and publish it in an appropriate form (internet,
circular letter, etc.). A list of all the Licensed Players’ Agents will be provided
to FIFA after every examination date as well as any amendment, such as the
withdrawal or return of a licence. The QFA shall also inform FIFA of any sanction
proceedings that are instituted and their outcome.
2. The register of Licensed Players’ Agents will show the full name of the agent,
any business name, the address of the principal place of business, a telephone
number for contact, his email address, date of issuance of his licence, the amount
of his professional liability insurance and the history of any caution, suspension
or withdrawal given to him.
3. Each Licensed Players’ Agent must inform the QFA within 14 days of any change
in any of the information contained in the register relating to him.
4. The QFA and FIFA shall be entitled to publish information on the register
related to Licensed Players’ Agent. The QFA may publish any decision
made in accordance with these Regulations, including the name and any
other relevant information of a Licensed Players’ Agents in relation to
whom a disciplinary decision has been made, including where a licence is
suspended or withdrawn.
5. Each Licensed Players’ Agent consents to the publication by the QFA on its
website of any of the information on the register relating to him.
6. The QFA may submit to FIFA by 30 June of each year a report on the activity of
Licensed Players’ Agents in its territory in the previous year including statistics
and sensitive information, such as the number of players’ agents, details of
players’ agents commencing and ending their activity, sanctions imposed on
players’ agents, their criminal record, including pending proceedings, and any
possible circumstance having an effect on the players’ agents’ reputations.
Article 14 Loss of License
1. A licence is lost when it is withdrawn because the Licensed Players’
Agent no longer fulfils the relevant prerequisites (cf. Articles 6, 9 and 10),
returned as a result of the termination of the activity (cf. Article 18) or as
a result of a sanction (cf. Chapter VIII).
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Article 15 Withdrawal of License due to Failure to Meet Prerequisites
1. If a Licensed Players’ Agent no longer fulfils the prerequisites for holding a
licence (i.e. any of the prerequisites specified in Articles 6, 9 and 10), the QFA
shall withdraw his licence. If the unfulfilled prerequisite can be remedied, the
appropriate body at the QFA shall grant the Licensed Players’ Agent a reasonable
time limit in which to satisfy the relevant requirements. If, at the expiry of such a
time limit, the requirements are still not satisfied, the licence shall be definitively
withdrawn.
Article 16 Verification of Prerequisites
1. The QFA shall monitor on an ongoing basis whether Licensed Players’ Agents
still fulfil the prerequisites for holding a licence.
2. A Licensed Players’ Agent is obliged to disclose promptly to the QFA any matters
that arise subsequent to the issuing of his licence that may be relevant to the
question of whether he continues to fulfil all prerequisites.
Article 17 Re-examination
1. The licence expires five (5) years after its date of issuance.
2. The Licensed Players’ Agent shall send a written application to the QFA to resit
the exam at least three (3) months before the date on which his licence is due to
expire, in accordance with Article 5 above. If the Licensed Players’ Agent does
not send a written application to resit the exam as per the above mentioned
requirements, his licence shall be automatically suspended.
3. If the Licensed Players’ Agent meets the deadline set out in paragraph 2 above,
his licence shall remain valid until the date of the next available examination.
4. If the Licensed Players’ Agent fails this examination, his licence shall be
automatically suspended until such time as he passes it.
5. The Licensed Players’ Agent may retake the examination at the next available
session. There is no limit on the number of times a Licensed Players’ Agent may
retake the examination.
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Article 18 Termination of Activity
1. Any Licensed Players’ Agent who has had his licence suspended, withdrawn or
who decides to terminate his activity must promptly return his licence to the QFA.
Failure to comply with this provision shall entail the withdrawal of the licence and
publication of this decision.
2. The QFA shall publish the names of those Licensed Players’ Agents who have
terminated their activity and notify FIFA without delay.
IV. RIGHTS AND OBLIGATIONS OF PLAYERS’
AGENTS
Article 19 Representation Agreement
1. A Players’ Agent shall be permitted to represent a Player or a Club only by
concluding a validly executed written representation agreement with that Player
or Club prior to that Players’ Agent carrying out any activity on his or its behalf.
2. Representation agreement must contain at least the following minimum details:
the names of the parties; the duration and the remuneration due to the Players’
Agent; the general terms of payment; the date of completion and the signature
of the parties.
3. Every Players’ Agent is advised to use the standard representation agreement
provided by FIFA (cf. Annex 3) which contains the minimum terms. The parties to
the agreement are at liberty to enter into additional agreements and to supplement
the standard agreement accordingly, provided that they are consistent with
requirements of these Regulations, the QFA Statutes and Regulations, the
QSLM Statutes and Regulations, the FIFA Players Agents Regulations and the
laws applicable in the territory of the State of Qatar.
4. The representation agreement shall be valid for a maximum period of two (2)
years. It may be extended for another maximum period of two years by a new
written agreement and may not be tacitly prolonged.
5. The representation agreement shall explicitly state who is responsible for paying
the Players’ Agent and in what manner. Any laws applicable in the State of Qatar
shall be taken into account. Payment shall be made exclusively by the client of
the Players’ Agent directly to the Players’ Agent, subject to Article 22 par. 1.
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Players’ Agents Regulations
6. The representation agreement shall be issued in four (4) originals which shall be
duly signed by both parties. The Player or the Club shall keep the first copy and
the Players’ Agent the second. The Players’ Agent must deposit the third copy to
the QFA within ten (10) days of its having been signed. The fourth copy must be
sent to the association to which the Players’ Agent belongs, if different from QFA.
7. In order to be legally involved in the transactions stipulated under Article 1 par. 2
hereto, foreign Players’ Agents are required to register with QFA, as per Annex 4
of these Regulations. If the relevant transaction involves a Local Player, then, in
addition to the registration with QFA, a Registered Foreign Player’s Agent must
include in the pertinent transaction and/or act through a Licensed Players’ Agent,
while fulfilling all requirements as per the laws of the State of Qatar governing
business activity as well as the provisions of these Regulations. The Licensed
Players’ Agent, whom the Registered Foreign Players’ Agent has included in the
pertinent transaction or through whom the Registered Foreign Players’ Agent
is acting, shall be jointly liable for any misconduct of the Registered Foreign
Players’ Agent in breach of any and all applicable laws, rules and regulations.
8. A Players’ Agent must notify the QFA in writing of any early termination, variation
or other event that affects the validity or content of a representation agreement
(save the natural expiry of the representation agreement) within ten (10) days of
such event.
9. Failure to deposit to the QFA the representation agreements (and any variations
thereof) as well as the respective registration form as per Annex 4 of these
Regulations, shall constitute a breach of these Regulations. Representation
agreements (and any variations thereof) that have not been deposited to the QFA
shall not have any binding legal effect and consequently shall be considered null
and void by the QFA decision-making bodies and/or judicial bodies.
10. Any terms of the representation agreement that breaches the requirements of
these Regulations is not permitted. If any of the terms of the representation
agreement contravene these Regulations, the QFA may notify the parties of
any breach whereupon the parties shall either remedy the breach by making
the necessary amendments as notified. Failure to incorporate the required
amendments shall constitute a breach of these Regulations.
11. The fact that a representation agreement is deposited to QFA does not certify
any compliance with the applicable laws and regulations, even after notification
of any request of amendments by QFA.
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12. A Players’ Agent shall not, either directly or indirectly, offer any consideration
(whether monetary or other valuable consideration) to a Player (or any family
member of the Player) in relation to entering into a representation agreement
with that Players’ Agent. Similarly a Players’ Agent is prohibited from offering
any consideration (whether monetary or other valuable consideration) to a Club
official in return for any benefit, service, favour or any kind of preferential treatment
in respect of the Club’s Players, access to those Players or the promotion of
the Players’ Agent’s services with those Players. Players and Club officials are
prohibited from accepting such offers or receiving such consideration.
13. A Players’ Agent may not assign or subcontract any of his agency duties or
services to any person who is not a Players’ Agent or an exempt individual and
he must obtain the prior written consent of his client, record the terms upon
which those obligations are assigned or subcontracted in a single document and
deposit of copy of such document to the QFA.
14. The provisions set out in this article are without prejudice to the client’s right to
conclude an employment contract or a transfer agreement without the assistance
of a representative.
Article 20 Minor Players
1. If the Player is a minor, the Player’s parent or legal guardian(s) with parental
responsibility shall also sign the representation agreement in compliance with
the national law of the country in which the Player is domiciled.
2. A Players’ Agent must not charge or receive any fee or commission either directly
or indirectly as a result of introducing a Player who is under 16.
Article 21 Conflicts of Interest
1. Players’ Agents shall avoid all conflicts of interest in the course of their activity.
A Players’ Agent may only represent the interests of one party per transaction
or contract negotiation. In particular, a Players’ Agent is forbidden from having
a representation agreement, a cooperation agreement or shared interests with
one of the other parties or with one of the other parties’ Players’ Agents involved
in the player’s transfer or in the completion of the employment contract.
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Players’ Agents Regulations
2. A Players’ Agent (or any organisation through which a Players’ Agent
conducts business) shall not have an interest or any form of ownership
whatsoever in a Club. A Player, a Club or Club official shall not have any
interest in the business or affairs of a Players’ Agent or any organisation
through which a Players’ Agent conducts business.
3. Players’ Agents who are connected, either directly or indirectly to each
other, are not authorised to be involved in the same transaction on behalf
of different parties, if they are connected as a result of:
a. being employed or retained by the same organisation; or
b. them both being directors or shareholders in or co-owners of the same
organisation; or
c. them being married to one another, siblings of one another, or parent and
child or stepchild; or
d. them having made any contractual or other arrangement whether formal or
informal to co-operate in the provision of any agency services or to share the
revenue or profits of any part of their agency activities.
Article 22 Remuneration
1. A Players’ Agent shall only be directly remunerated by his client. However, after
the conclusion of the relevant transaction, the Player may give his written consent
for the Club to pay the Player’s Agent on his behalf. The payment made on
behalf of the Player must reflect the general terms of payment agreed between
the Player and the Player‘s agent.
2. The amount of remuneration due to a Players’ Agent who has been engaged
to act on a Player’s behalf is calculated on the basis of the Player’s annual
basic gross income, including any signing-on fee that the Players’ Agent has
negotiated for him in the employment contract. Such amount shall not include
the Player’s other benefits such as a car, a flat, point premiums and/or any kind
of bonus or privilege which is not guaranteed.
3. The Players’ Agent and the Player shall decide in advance whether the Player
shall remunerate the Players’ Agent with a lump sum payment at the start of
the employment contract that the Players’ Agent has negotiated for the player
or whether he shall pay annual instalments at the end of each contractual year.
Players’ Agents Regulations
19
4. If the Players’ Agent and the Player do not decide on a lump sum payment and
the player’s employment contract negotiated by the Players’ Agent on his behalf
lasts longer than the representation agreement between the Players’ Agent and
the Player, the Players’ Agent is entitled to annual remuneration even after expiry
of the representation agreement. This entitlement lasts until the relevant Player’s
employment contract expires or the Player signs a new employment contract
without the involvement of the same Players’ Agent.
5. If the Players’ Agent and the Player cannot reach agreement on the amount of
remuneration to be paid or if the representation agreement does not provide for
such remuneration, the Players’ Agent is entitled to payment of compensation
amounting to 3% of the basic income described in paragraph 2 above which the
Player is due to receive from the employment contract negotiated or renegotiated
by the Players’ Agent on his behalf.
6. A Players’ Agent who has been contracted by a Club shall be remunerated for
his services by payment of a lump sum that has been agreed upon in advance.
7. Any and all remuneration or payments of whatever nature, whether direct or
indirect, made to any person in relation to an agency activity for or on behalf
of a Club, must be made by the Club only, and must be fully recorded in the
accounting records of the Club and the respective Players’ Agent.
8. A Players’ Agent shall disclose to the QFA within ten (10) days of the completion
of a transaction or contract negotiation the full details of any and all remuneration
or payments of whatever nature, whether direct or indirect, that have been made
or have been committed to be made to the Players’ Agent.
9. Clubs shall disclose to the QFA on or before 30 May each year, the total amount
of the payments made by the Club to Players’ Agents and exempted individuals
during the period from 1 June of the previous year to 30 May of that year.
Article 23 Information of Client
and Disclosure of Involvement in a Transaction
1. A Players’ Agent shall serve and protect the best interests of his client at all
times, which shall include but not be limited to notifying the client of all material
facts in relation to any transaction or contract negotiation.
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Players’ Agents Regulations
2. Every Players’ Agent shall ensure that his name, signature and the name of
his client appear in any contracts resulting from transactions in which he is
involved, as well as the name and signature of any other Players’ Agent who to
his knowledge was involved in the transaction.
Article 24 Records
1. Each Licensed Players’ Agent must keep full and accurate books of account,
records, contracts and arrangements related to any and all of his agency
activities and must keep all the corresponding books and records up to date at
all times. Such documents shall be kept for a period of at least five (5) years from
the date on which each document, in each instance, was generated.
2. A Licensed Players’ Agent shall produce to the QFA copies of any documents
contained in his records that the QFA its sole discretion determines that it requires
for the purpose of these Regulations.
Article 25 Right to Make Contact, Prohibition on Approaches
1. Players’ Agents have the right to:
a. contact every Player who is not, or is no longer, under an exclusive
representation agreement with another Players’ Agent;
b. represent the interests of any Player or Club that requests him to negotiate or
renegotiate contracts on his/its behalf;
c. take care of the interests of any Player who requests him to do so;
d. take care of the interests of any Club which requests him to do so.
2. Players’ Agents are prohibited from either directly or indirectly approach
any Player who is under exclusive representation agreement with another
Players’ Agent or under contract with a club with the aim of persuading him to
terminate his contract prematurely or to violate any obligations stipulated in the
employment contract. It shall be presumed, unless established to the contrary,
that any Players’ Agent involved in a contractual breach committed by the Player
without just cause has induced such breach of contract.
Players’ Agents Regulations
21
Article 26 Adherence to Statutes,
Regulations and applicable Laws in the State of Qatar
1. Players’ Agents shall respect and adhere to the statutes, regulations, circulars,
directives and decisions of the competent bodies of the QFA, QSLM, FIFA, AFC
and the Court of Arbitration for Sport as well as the applicable laws in the State
of Qatar, in particular the laws governing job placement, if any. Licensed Players’
Agent shall also respect and adhere to the statutes, regulations, directives and
decisions of the competent bodies of any Confederations and other national
associations and laws applicable in the territory where their transaction takes
place or is connected to.
2. Players’ Agents shall ensure that every transaction concluded as a result of
their involvement complies with the provisions of the aforementioned statutes,
regulations, directives and decisions of the competent bodies of the QFA, QSLM,
FIFA and the AFC, as well as the applicable laws in the State of Qatar.
3. For the avoidance of doubt, a Players’ Agent is subject to disciplinary sanction for
any breach of these Regulations, the statutes, regulations, directives, circulars
and decisions of the QFA or the Code of Professional Conduct (Annex 1) carried
out whilst he was a Players’ Agent.
Article 27 Adherence to Code of Professional Conduct
1. Licensed Players’ Agents shall abide at all times by the obligations and principles
described in the Code of Professional Conduct (cf. Article 11) part of these
Regulations as Annex 1.
2. In particular, upon request Licensed Players’ Agents shall give the QFA and/or
FIFA all of the requisite information and submit the necessary papers.
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Players’ Agents Regulations
V. RIGHTS AND OBLIGATIONS OF PLAYERS
Article 28 Engagement of Players’ Agents duly Licensed
1. A Player may only engage the services of a Players’ Agent or exempted
individuals to represent him in the negotiation or renegotiation of an employment
contract.
2. A Player is obliged, if he himself does not negotiate directly with clubs, only to
work with Players’ Agents, subject to the exceptions listed under Article 4.
3. It is the Player’s duty to satisfy himself that a Players’ Agent is appropriately
licensed prior to signing the relevant representation agreement.
4. A Player must ensure that the exclusivity of any representation agreement
entered into with a Players’ Agent is respected.
5. No Player nor any person (which includes but is not limited to a Players’ Agent)
on his behalf shall enter into negotiations or make any approach with clubs with
a view to conclude a contract, unless the Player’s current Club has provided
express written permission to do so or the Player is entitled to do so, under the
exemptions provided within the regulations of QFA, AFC and/or FIFA.
Article 29 Reference in Negotiated Contracts
1. A Player must ensure that any contract, concluded as a result of negotiations
conducted by a Players’ Agent who was engaged by the Player, shall specify the
Players’ Agent’s name and signature.
2. A Player must not use the services of a Players’ Agent unless he has concluded
a written representation agreement (Article 19).
3. If a Player does not use the services of a Players’ Agent, this fact shall also be
explicitly stated in the relevant employment contract.
Players’ Agents Regulations
23
VI. RIGHTS AND OBLIGATIONS OF CLUBS
Article 30 Engagement of Players’ Agents duly Licensed
1. Clubs are entitled to engage the services of Players’ Agents to represent them in
negotiations relating to player transfers or employment contracts.
2. Clubs are obliged, if they themselves do not negotiate directly with Players, only
to work with Players’ Agents, subject to the exceptions listed under Articles 4.1
and 4.2.
3. It is the Clubs’ responsibility to satisfy themselves that a Players’ Agent is
appropriately licensed prior to signing the relevant representation agreement.
4. A Club must ensure that the requirements under these Regulations in relation to
the activity of a Registered Foreign Players’ Agent are strictly met.
5. A Club must ensure that the exclusivity of any representation agreement entered
into with a Players’ Agent is respected.
6. A Club may instruct more than one Players’ Agent in respect of a transaction
or contract negotiation, where to do so does not conflict with the terms of the
representation agreement between any Players’ Agent and the Club.
7. No Club nor any person (which includes but is not limited to a Players’ Agent)
on its behalf shall enter into negotiations or make any approach with a Player
with a view to conclude a contract, unless the Player’s current Club has provided
express written permission to do so or the Player is entitled to do so, under the
exemptions provided within the regulations of QFA, QLSM, AFC and/or FIFA.
8. A Club shall not, and shall not attempt to induce a Player to breach the terms of
the Player’s representation agreement with his Players’ Agent.
9. According to Article 18 bis of the FIFA Regulations on the Status and Transfer of
Players, no Club shall enter into a contract that enables any other party to that
contract or any third party to acquire the ability to influence in employment and
transfer-related matters.
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Players’ Agents Regulations
Article 31 Reference in Negotiated Contracts
1. A Club must ensure that any relevant transfer, employment contract or document
concluded as a result of negotiations conducted by a Players’ Agent who was
engaged by the Club, shall specify the Players’ Agent’s name and signature.
2. A Club must also ensure that for any other Player Agent who to its knowledge
is involved in the transfer or employment of a Player, whether acting on behalf
of a Player or acting on behalf of, or as, a third party, the name and signature of
the Players’ Agent must appear in the relevant transfer, employment contract or
document.
3. A Club must not use the services of a Players’ Agent unless he has concluded a
written representation agreement (Article 19).
4. If a Club does not use the services of a Players’ Agent, this fact shall also be
explicitly stated in the relevant transfer and/or employment contract(s).
Article 32 Payment Restrictions
and Assignment of Rights and Claims
1. No
compensation
payment,
including
transfer
compensation,
training
compensation or solidarity contribution, that is payable in connection with a
Player’s transfer between Clubs, may be paid in full or part, by the debtor (Club)
to the Players’ Agent, not even to clear an amount owed to the Players’ Agent
by the Club by which he was engaged in its capacity as a creditor. This includes,
but is not limited to, owning any interest in any transfer compensation or future
transfer value of a Player.
2. Within the scope of a player’s transfer, Players’ Agents are forbidden from
receiving any remuneration other than in the cases provided under Chapter IV
of these Regulations.
3. If the QFA so requires, payments in favour of Licensed Players’ Agents shall be
made through a bank account designated by the QFA.
Players’ Agents Regulations
25
VII. DISPUTES IN CONNECTION TO PLAYERS’
AGENTS’ ACTIVITY
Article 33 Domestic Disputes
1. Any domestic disputes between a Licensed Players’ Agents, a Club and/or a
Player in relation to a matter within the scope of these Regulations may as a last
resort be referred to QFA’s Executive Committee whose decisions shall be final
and binding, until an independent court of arbitration is established by QFA in
order to deal with such matters.
2. If there is reason to believe that a domestic dispute raises a disciplinary issue, the
aforesaid deciding body shall submit the file to the QFA Disciplinary Committee
together with the request for the commencement of disciplinary proceedings. All
cases of disciplinary action under these Regulations will be recorded and placed
in the register of Licensed Players’ Agents.
3. Domestic ddisputes subject to these Regulations shall not be heard if more than
one (1) year has elapsed from the event giving rise to the dispute or more than
six (6) months have elapsed since the players’ agent concerned has terminated
his activity. The application of this time limit shall be examined ex officio in each
individual case. Limitation periods for prosecution of disciplinary cases are
regulated by the QFA Disciplinary Code.
4. In the case of international disputes in connection with the activity of Players’
Agents, a request for arbitration proceedings may be lodged with the FIFA
Players’ Status Committee according to the procedure outlined in the FIFA Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber.
5. Players, Clubs and Player’s Agents shall not take any dispute arisen between
them to ordinary courts unless specifically provided for in these Regulations, the
QFA Statutes and/or FIFA regulations. Any disagreement shall be submitted to
the jurisdiction of the QFA or FIFA, depending on the case.
6. The QFA may, in its sole discretion, refer to another national association and/or
FIFA for resolution any complaint or allegation of a breach of these Regulations
or of the FIFA Regulations applying to agents where the subject matter involves
any transaction or contract negotiation where any Club, Player or Players’ Agent
is subject to the jurisdiction of the other national association and/or FIFA.
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Players’ Agents Regulations
VIII. DISCIPLINARY SANCTIONS
Article 34 General Provision
1. Disciplinary sanctions may be imposed on any Players’ Agent, Player and/or
Club that violates these Regulations, their annexes or the QFA Statutes or other
regulations of the QFA, QSLM, FIFA and the AFC.
Article 35 Competence
1. In domestic transactions involving a Licensed Players’ Agent or a Registered
Foreign Players’ Agent, Player and/or Club, the QFA Disciplinary Committee, as
first instance judicial body, is responsible for imposing sanctions.
2. In international transactions, the FIFA Disciplinary Committee is responsible for
imposing sanctions in accordance with the FIFA Disciplinary Code.
3. In the event of any uncertainty or dispute regarding competence, the FIFA
Disciplinary Committee shall decide who is responsible for imposing sanctions.
4. After every channel at the QFA has been exhausted, and until an independent
court of arbitration is established by QFA, parties sanctioned on the grounds of
these Regulations have the opportunity to lodge an appeal with QFA’s Appeal
Committee, whose decisions shall be final and binding and not subject to further
recourse.
5. Disciplinary proceedings may be initiated by the QFA, either on its own initiative
or upon request.
Article 36 Sanctions on Players’ Agents
1. The following disciplinary sanctions may be imposed, by the QFA Disciplinary
Committee, on a Players’ Agent who breaches or violates any of the provisions
of these Regulations and their annexes in accordance with the QFA Disciplinary
Code:
•
a reprimand or a warning;
•
a fine of at least CHF 5,000 or the equivalent amount in Qatari Riyal;
•
a suspension of licence for up to 12 months, where applicable;
Players’ Agents Regulations
27
•
a licence withdrawal, where applicable;
•
a registration cancellation, where applicable;
•
a ban on taking part in any football-related activity.
2. These sanctions may be imposed separately or in combination.
3. A breach or violation of these Regulations by an employee or representative
of the Players’ Agent, or the organisation employing or owned by the Players’
Agent’s shall be regarded as a breach or violation by the Players’ Agent himself.
4.
In particular, the licence shall be withdrawn if the Licensed Players’ Agent
repeatedly or seriously infringes the Statutes and regulations of the QFA, FIFA
or the AFC.
5. Only the QFA may suspend or withdraw a Licensed Players’ Agent’s licence. If
FIFA decides to suspend or withdraw the licence of a Licensed Players’ Agent,
it shall, once its decision has legally come into force, address the necessary
directive to the QFA.
Article 37 Sanctions on Players
1. The following disciplinary sanctions may be imposed, by the QFA Disciplinary
Committee, on a Player who breaches or violates any of the provisions of these
Regulations and their annexes in accordance with the QFA Disciplinary Code:
– a reprimand or a warning;
– a fine of at least CHF 5,000 or the equivalent amount in Qatari Riyal;
– match suspension(s);
– a ban on taking part in any football-related activity.
These sanctions may be imposed separately or in combination.
Article 38 Sanctions on Clubs
1. The following disciplinary sanctions may be imposed, by the QFA Disciplinary
Committee, on a Club who breaches or violates any of the provisions of these
Regulations and their annexes in accordance with the procedures established in
the QFA Disciplinary Code:
– a reprimand or a warning;
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Players’ Agents Regulations
– suspension of official(s);
– a fine of at least CHF 10,000 or the equivalent amount in Qatari Riyal;
– exclusion from competition(s);
– transfer ban(s);
2. deduction of points;
3. demotion to a lower division.
4. These sanctions may be imposed separately or in combination.
5. A breach or violation of these Regulations by an official, director, employee or
representative of a Club shall be regarded as a breach or violation by the Club
itself.
IX. OFFICIAL LANGUAGE AND OMISSIONS
Article 39 Official Language
1. These Regulations were issued in both Arabic and English and in case of conflict
or discrepancy in interpretation between them, the Arabic version prevails.
Article 40 Omissions
1. Matters not provided for in these Regulations and cases of force majeure shall
be decided by the QFA Executive Committee, whose decisions are final and not
subject to recourse.
X. TRANSITIONAL PROVISIONS AND ENFORCEMENT
Article 41 Transitional Provisions
1. Any case that is pending at the QFA when these Regulations come into force
shall be dealt with in accordance with FIFA’s Players’ Agents Regulations in
force on 1 January 2008.
Players’ Agents Regulations
29
2. All applications for a players’ agent’s licence shall be dealt with in accordance
with these Regulations.
3. The Licensed Players Agents, who hold a licence issued by the Qatar Football
Association before these Regulations come into force, have 45 days from the
date that these Regulations come into force to fulfil all prerequisites for holding a
licence stated in these Regulations and provide proof thereof to QFA. Failure to
do so will result in the automatic withdrawal of the licence.
4. Licensed Players’ Agents who hold a licence when these Regulations come into
force are equally subject to these Regulations.
5. All other cases shall be assessed according to these Regulations.
Article 42 Enforcement
1. These Regulations were adopted by the QFA Executive Committee on 3 February
2013 and came into force with immediate effect.
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Players’ Agents Regulations
ANNEX 1
Code of Professional Conduct
1. A Licensed Players’ Agent is required to perform his occupation and activities
conscientiously and conduct himself in his profession and other business
practices in a manner worthy of respect and befitting his profession.
2. A Licensed Players’ Agent agrees unconditionally to abide by the statutes,
regulations, directives and decisions of the competent bodies of the QFA, QSLM,
FIFA, the Confederations and the relevant national associations.
3. A Licensed Players’ Agent shall always adhere to the truth, clarity and objectivity
in his dealings with his client, negotiating partners and other parties.
4. A Licensed Players’ Agent shall protect the interests of his client in compliance
with the law and a sense of fairness, while creating clear legal relations.
5. A Licensed Players’ Agent shall, without fail, respect the rights of his negotiating
partners and third parties. In particular, he shall respect the contractual relations
of his professional colleagues and shall refrain from any action that could entice
clients away from other parties.
6. A Licensed Players’ Agent shall maintain proper and complete books of record of
his business activity. In particular, he shall ensure that he can provide evidence
of his activity at any time by means of documents and other records.
7. A Licensed Players’ Agent shall keep all of the books conscientiously and detail
his business activity faithfully in other records.
8. At the request of QFA, FIFA or any authority conducting an investigation into
disciplinary cases and other disputes, the Licensed Players’ Agent is required to
produce books and records directly connected with the case in point.
9. A Licensed Players’ Agent shall produce an invoice showing his fees, expenses
and any other charges upon first demand from his client.
10. The players’ agent is prohibited from taking a dispute to ordinary courts of law
as stipulated in the FIFA Statutes and is required to submit any claim to the
jurisdiction of the QFA or FIFA.
Players’ Agents Regulations
31
With his signature, the players’ agent accepts the above.
Place and date: ..........................................................................................................................................
The players’ agent: ...................................................................................................................................
For the Qatar Football Association: ...................................................................................................
(stamp and signature)
ANNEX 2
Insurance Policy and Bank Guarantee
1. The amount covered by the insurance policy shall be fixed on the basis of the
Licensed Players’ Agent’s turnover. Such amount shall in any case not be less
than CHF 100,000.
2. The professional liability insurance policy shall also cover claims made after
expiry of the policy for events that occurred during the period of the policy.
3. The Licensed Players’ Agent is required to renew the insurance policy upon its
expiry and automatically send the relevant documents to the QFA.
4. The aim of the insurance is to cover any claims for compensation from a Player,
a Club or another Players’ Agent arising from the Licensed Players’ Agent’s
activity which, in the opinion of the QFA and / or FIFA, contravenes the principles
of these Regulations and / or FIFA’s regulations.
5. Only in the event that it is not possible for a Licensed Players’ Agent to conclude
a professional liability insurance policy in compliance with Article 9 of these
Regulations may the Licensed Players’ Agent deposit a bank guarantee issued
by a Swiss Bank for the minimum amount of CHF 100,000.
32
Players’ Agents Regulations
6. Where it is not possible to conclude a professional liability insurance policy in the
territory of Qatar, the QFA shall inform FIFA and make a formal request to allow
a bank guarantee.
7. Only FIFA has access to this bank guarantee. The bank guarantee has the same
purpose as that of professional liability insurance. The amount of the guarantee
(minimum CHF 100,000) does not represent the maximum amount which may
be due to any party claiming damages.
8. If the amount of the guarantee is reduced by a payment from the insurance
company or the bank in response to a claim for damages against the Licensed
Players’ Agent, his licence shall be suspended until the amount of the guarantee
has been increased to the initial amount (minimum CHF 100,000).
9. Players’ associations that are officially recognized by the QFA and that wish to
provide a job placement service to their member Players may conclude their own
joint professional liability insurance policy with a reputable insurance company,
preferably in the State of Qatar.
10. In such cases, this insurance shall be limited to covering risks in connection with
no more than five (5) licences. The licences holders shall, however, be bona fide
members of the QFA, have passed the written examination in accordance with
these Regulations and have personally signed the Code of Professional Conduct
(cf. Article 11). The names of the applicants who have received a licence shall
also be listed in the insurance policy.
11. The Licensed Players’ Agent may not cancel his professional liability insurance
policy until he has terminated his activities (the licence has either been returned
or withdrawn). The Licensed Players’ Agent shall, however, ensure that any claim
for compensation made after termination of his occupation which originates from
his former activity as a Licensed Players’ Agent is covered by the insurance (cf.
Article 9).
Players’ Agents Regulations
33
ANNEX 3
Standard Representation Agreement
The parties
............................................................................................................................................................................
(Players’ agent’s first name, surname, exact address and name of company, if applicable)
............................................................................................................ (hereinafter: the players’ agent)
and
............................................................................................................................................................................
(Player’s first name (and nickname, if applicable), surname, exact address and date
of birth or club’s name and exact address)
............................................................................................................................. (hereinafter:
the client)
have agreed to conclude a representation agreement as follows:
1) DURATION
This agreement shall be valid for.........................................................................................................
(no. of months, maximum 24 months)
It will take effect on................................................ and terminate on................................................
(exact date)
(exact date)
2) REMUNERATION
Only the client may remunerate the players’ agent for the work he has accomplished.
a) Player as client
The players’ agent shall receive commission amounting to ......... % of the annual
gross basic salary due to the player as a result of employment contracts negotiated
or renegotiated by the players’ agent, payable as follows:
– a lump sum payment at the start of the employment contract: ..........................................
– annual payments at the end of each contractual year: .........................................................
(mark as appropriate)
34
Players’ Agents Regulations
b) Club as client
The players’ agent shall receive commission amounting to......................................................
in one lump sum.
(exact amount and currency)
3) EXCLUSIVITY
The parties agree that the placement rights be transferred exclusively: ...........................
non-exclusively: ...........................
(mark as appropriate)
to the players’ agent.
4) OTHER AGREEMENTS
Any other special arrangements that comply with the principles contained in the
QFA and FIFA Players’ Agents Regulations shall be enclosed with this agreement
and deposited with the QFA.
5) MANDATORY LEGISLATION
The parties agree to adhere to the statutes, regulations, directives and decisions
of the competent bodies of the Qatar Football Association (QFA), QSLM, FIFA,
the Confederations and relevant national associations, as well as public law
provisions governing job placement and other mandatory legal provisions in
force in the territory of the association, as well as international law and applicable
treaties.
The parties agree to submit any claim to the jurisdiction of the QFA or FIFA.
Recourse to ordinary courts is prohibited unless specifically provided for in the
QFA regulations.
6) FINAL NOTES
This agreement has been signed in fourfold and the copies have been distributed
as follows:
1. Association with which the players’ agent is registered:
............................................................................................................................................................................
(exact name)
Players’ Agents Regulations
35
2. Association with which the client is registered:
............................................................................................................................................................................
(exact name)
3. Players’ agent
4. Client
Place and date: ..........................................................................................................................................
(exact name)
Players’ agent:
.............................................................................
(signature)
Client:
..............................................................................
(signature)
Confirmation of receipt of agreement:
Place and date: ..........................................................................................................................................
The players’ agent’s association:
The client’s association:
.............................................................................
..............................................................................
(stamp and signature)
36
(stamp and signature)
Players’ Agents Regulations
ANNEX 4
REGISTERED FOREIGN PLAYERS’ AGENTS
1. Registered Foreign Players Agents are required to register with QFA by
submitting the relevant application in the form published by QFA from time to
time. The applicant is required to duly fill in the required forms and submit the
complete documentation with QFA.
2. In order to be legally involved in the transactions stipulated under Article 1 par. 2
hereto, foreign Players’ Agents are required to register with QFA, as per Annex 4
of these Regulations. If the relevant transaction involves a Local Player, then, in
addition to the registration with QFA, a Registered Foreign Player’s Agent must
include in the pertinent transaction and/or act through a Licensed Players’ Agent,
while fulfilling all requirements as per the laws of the State of Qatar governing
business activity as well as the provisions of these Regulations. The Licensed
Players’ Agent, whom the Registered Foreign Players’ Agent has included in the
pertinent transaction or through whom the Registered Foreign Players’ Agent
is acting, shall be jointly liable for any misconduct of the Registered Foreign
Players’ Agent in breach of any and all applicable laws, rules and regulations.
3. For the avoidance of doubt, the registration requirement is obligatory, when a
Foreign Players’ Agent acts in a transaction on behalf: a) either of a Club in
membership of a league sanctioned by QFA, or b) a football player currently
registered with QFA or to be registered with QFA upon conclusion of the pertinent
transaction (cf. Definitions).
4. Registration with QFA is subject to holding a valid licence issued by a National
Association, other than QFA, affiliated member of FIFA. Subject to suspension,
withdrawal or cancellation of the respective registration in accordance with these
Regulations, registration with QFA is valid as long as the respective license
issued by the relevant National Association is in force.
5. Registration with QFA is subject to the deposit of an administrative fee of QAR
1,000, paid each time the applicant wishes to register with QFA.
6. Registration with QFA can be withdrawn by the applicant with immediate effect.
Players’ Agents Regulations
37
7. Upon submission of all required documentation and application, the QFA
shall inform in written the applicant confirming or rejecting his registration as
Registered Foreign Players’ Agent.
8. Prior to registering, the Foreign Players’ Agent shall not be entitled to conduct
any transaction as per the requirements set under par. 2 hereto.
9. By registering with QFA, Registered Foreign Players’ Agent shall be entitled to
act on behalf either of a Club in membership of a league sanctioned by QFA or
a football player currently registered with QFA or to be registered with QFA upon
conclusion of the pertinent transaction.
10. By registering with QFA, the Registered Foreign Players’ Agent agrees to abide
by and adhere to the provisions of these Regulations and be submitted to the
disciplinary authority and jurisdiction of QFA in respect to any act or omission
arising out or in connection with his activity as Registered Foreign Players’ Agent.
11. By registering with QFA, the Registered Foreign Players’ Agent agrees to his
name being published by QFA on its website in the list of Registered Foreign
Players’ Agents.
12. Any Registered Foreign Players’ Agent who is found to be in breach of these
Regulations, shall be bound by any decision of the competent judicial bodies
as per the relevant provisions of these Regulations and shall be subject to the
sanctions stipulated therein.
13. QFA may, at any stage and at its sole discretion, refer any matter in relation to
the status or conduct of a Registered Foreign Players’ Agent to FIFA and/or the
relevant National Association that issued his licence and to any other competent
authority deems appropriate.
38
Players’ Agents Regulations
QATAR FOOTBALL ASSOCIATION
PLAYERS AGENTS REGULATIONS
Application for registration as Registered Foreign
Players’ Agent
Pursuant to Annex 4 of the QFA Players’ Agents Regulations this application must
be completed by all foreign Players’ Agents who hold a licence issued by a National
Association other than QFA, in the event that they wish to conduct agency activity
and act on behalf of any Club or Player who is registered with QFA or any Player
that will be registered with QFA as a result of the pertinent transaction.
Personal details
Title:
First Name: Surname:
Date of Birth: National Association:
Licence Number: Date of Issue:
Disciplinary Record in National Association and/or FIFA:
Correspondence details
Address:
Telephone Number:
Fax Number:
Mobile Number:
E-mail Address:
Players’ Agents Regulations
39
DECLARATIONI
hereby apply to register with the QFA as per the provisions of the QFA Players’
Agents Regulations. I hereby declare that the information submitted as indicated
above is true and correct to the best of my knowledge and belief. In the event that any
information furnished above is found to be incorrect or false, QFA shall withhold or
cancel my registration and publish such information if it deems proper. By means of
my registration with QFA, I agree to abide by and adhere to the provisions of the QFA
Players’ Agents Regulations insofar as they are relevant to my activity as Registered
Foreign Players’ Agent, the requirements of the FIFA Players’ Agents Regulations as
well as the laws of the State of Qatar governing business activity within the territory of
the State of Qatar. I also agree to be bound by any decision of the competent judicial
bodies of QFA as per the relevant provisions of the QFA Players’ Agents Regulations
and be subjected to the sanctions stipulated therein. For the avoidance of any doubt,
by registering with QFA I provide my consent, pursuant to the relevant provisions
of Qatari Law with regards to Data Protection, to QFA holding and processing the
above personal data for the purpose of discharging its functions as a regulatory and
governing body of football.
Foreign Players’ Agent
Signed:
Name:
Date:
Place:
QFA Licensed Players’ Agent
(if applicable)
Signed:
Name:
Date:
Place:
Enclosed Documents:
1. Copy of Passport
2. Copy of License issued by National Association
3. Curriculum Vitae
4. Proof of payment of administrative fee
40
Players’ Agents Regulations