Introduction

At the time of writing, the majority of European football markets have approximately 4 weeks remaining in what has been a historic and memorable transfer window. For clubs, players, fans and football agents, as well as the typical media frenzies and relentless rumour mills, the unprecedented activity of the Saudi Arabian market attracting some of Europe’s biggest stars and an array of wealthy owners willing to spend heavily on bringing in top talents has made for a unique window thus far. 

Many more high-profile rumours and transfers are expected over the next few weeks which we will review once the windows across the continent are shut. For now, this blog will assess everything we have seen so far, particularly from the perspective of a football agent operating across the markets, and identify key factors affecting the nature of activity in the window. 

A General Overview

Very interestingly, there have been different layers to the transfer window this summer so far. On the top layer, the biggest clubs and leagues across the European continent have generally been very active. There has been expansive expenditure from clubs seeking to improve their squads and compete for the top European trophies in the 2023/24 season. The market has been fairly fast-paced, the usual rumour mill has been inundated with various Saudi Pro-League targets and some of the top talents in Europe such as Jude Bellignham and Kylian Mbappe have been dominating the headlines. 

Beneath this, the market has been a lot slower-moving. Clubs in the second tiers of European football and below have not been as active in general, compared to how we have seen in the past. Although the section below explains why this might be, it is a particularly fascinating factor for agents to consider when pursuing opportunities for clients in these leagues. It may be a frustrating situation but patience and identifying the right kind of opportunities has become particularly important.

One other window to consider before we delve into the European windows is the mid-season window for Major League Soccer in the United States. This has been another major influence on the business and media coverage of the transfer market across Europe as similarly to Saudi Arabia, the MLS, durings its one-month-long window, was linked with some major stars in the sport. The addition of some big names such as Sergio Busquets, Jordia Alba, and of course Lionel Messi to Inter Miami demonstrated that the MLS will be a factor to be accounted for during future summer windows in Europe. The MLS mid-season window closed at the beginning of August but based upon the activity we saw during its opening, we can expect that the extended off-season window in winter will be particularly proactive and the league will continue to grow and compete with European clubs. 

The Finances

The stark differences between spending and activity in the lower clubs and higher clubs may be a reflection of how clubs are faring now the restrictions and uncertainty of the Coronavirus pandemic has passed. Clubs across Europe have been able to take stock and analyse exactly where they stand financially after the damaging impact of the pandemic caused extensive economic difficulties. The economic situations of European clubs emerging from the pandemic have impacted the money available for top transfers and have affected the transfer strategies of many clubs. 

The net spending of clubs in second tiers and below of major European football countries has been restricted. This is because, on the whole, these clubs were worst affected by the economic downfall caused by the pandemic. We have seen during this window that clubs at these levels are, more than ever, designing the transfer window approach around seeking the best free agent talents or paying lower transfer fees for younger players in the hope of developing them and perhaps looking to sell them for profit in the future. This has placed a great demand on the hierarchy of these clubs to strategise and formulate the best approach to a transfer window that can improve their current squad whilst also living within their financial means.

Despite experiencing losses from fan attendance during the pandemic, the top clubs will always be financially secure as their biggest sources of revenue come from broadcasting rights and lucrative sponsorship deals. Even in the 2022/23 season, only two years after the COVID-19 pandemic, English Premier League clubs spent a total of £2.8billion. This was a new record, extravagantly surpassing the previous league record of £1.9billion in the 2017/18 season. 

The English Premier League is perhaps the best way to gauge the top end of the European summer transfer market. So far this window, Premier League clubs have already spent over £1.5billion with approximately a month still remaining for this figure to rise. Compared with the money generated from players being sold by Premier League clubs, this figure appears even higher, with the league currently sitting on a balance sheet of over an £800million loss. This averages out as each club spending around £35million more than they generate from sales. 

Let’s take a look at the top European leagues and their total balances so far in this summer window. We have also included the Saudi Pro-League spending as this has been a significant and unprecedented factor affecting business in this window:

Importantly, some of these figures are skewed by large anomalies that don’t reflect the general pattern of investment into transfers of the majority of clubs in the league but are deceivingly increased by a small handful on large transfers. For example, the €105million transfer of Jude Bellingham from Borussia Dortmund to Real Madrid is over a third of the entire La Liga expenditure so far this summer. 

Another significant statistic so far this window is of course, Saudi Arabia, which has been perhaps the most discussed new market in the daily football news over the last few months with seemingly every top European talent linked with a move to the new league. This figure of €442m expenditure so far this year is made all the more extraordinary when compared with the spending of the league over the past seasons which was just €43m in 2022, €92m in 2021, and €67m in 2020. It is also very likely that this figure will continue to rise in the coming weeks. 

We mention the Saudi Pro-League here as the collateral impact it has had on the European summer transfer window can not be underestimated. Due to the large salaries and transfer fees that clubs in the Saudi League are able to pay, it has placed increased pressure on European clubs struggling to compete with such lucrative financial opportunities. This has meant that many top talents that would ordinarily have moved to European clubs, have been lost from the market and not been part of a club’s expenditure this summer. Players of the likes of Ruben Neves, Fabinho, Riyad Mahrez, Allan Saint-Maximin, Sadio Mane, Edouard Mendy and Kalidou Koulibaly were linked with moves to top European clubs and, in an ordinary window, may have moved there. However, in this incredible 2023 summer window, these players will now ply their trade in Saudi Arabia. This has therefore had a profound effect on the expenditure, business and transfer strategies of the top European clubs who we must also consider are restricted in the extent to which they can compete with Saudi Arabia due to the UEFA Financial Fair Play regulations.  

Another interesting component of each summer transfer window is the ebbs and flows of different clubs and their proactivity in a market. This summer window has been much the same with different clubs being more active and expansive in their transactions than they have themselves before, and more so than their competition. For example, in the Premier League, this summer window so far has seen Arsenal spend well above their usual strategy, bringing in Declan Rice, Kai Havertz from London-rivals Chelsea, and Jurrien Timber for approximately €230million. This is already €100million above their spending last summer and is likely to rise further. This may be a reflection of their positive 2022/23 season performance and a willingness to push on. 

On the other side of the spectrum, West Ham suffered a poor league performance last season and despite winning the Euro Conference League to salvage their season, their expenditure on transfers in the summer window remains non-existent. This is a stark contrast to the €182million spent by the club in the same window last year. These changes in expenditure and a willingness to be active in the market is something that players and their agents ought to be aware of as it shows which opportunities may be the most likely and the best way of approaching each one. 

As with these differences in expenditure, it is important to be aware of the strategy and approaches of different clubs when monitoring the transfer window for clients as an agent. It can undermine the professionalism of an agent if they lack understanding of how a club is operating in a particular window. For example, clubs that are having known financial difficulties, in top league or in lower tiers, will not appreciate being offered players for fees well outside of the ceiling of what they can afford. Contrastingly, an agent approaching such a club with an enticing opportunity to sign a free agent that will bolster their current squad, is more likely to be able to find a deal for their client and build a relationship with the club for the future. 

The Effect of New Regulations

The 2023/24 season is the second year of implementing FIFA’s recent loan regulations. This season, clubs will only be allowed a maximum of 7 players over 21 years of age to go out on loan, one less than was permitted in 2022/23. This has meant that some clubs that previously adopted an extensive loan system for their large squads are having to adapt. Particularly in lower leagues, this has meant that the window has been a little slower than usual, particularly when looking for loans. Agents must consider these regulations when looking for loan opportunities for their clients. If their client is over 21, it is not professional and demonstrates a lack of research if they offer the client to a club that has already filled their maximum loan capacity. 

Another major set of regulations that have been formulated since the 2022 summer window is the new FIFA Football Agent Regulations. The date for full implementation is after the conclusion of the 2023 summer window and so this will be the final transfer window before the full effects are felt. Commissions in this window for agents can still be as they have negotiated before and will mostly be around 10% of a player’s total gross contract. The new FFAR, as we have discussed in our previous blogs, has made amendments to these commission payments that agents can receive from transactions and it will soon be limited to 3% if the player’s total remuneration is above $200,000 or 5% if it is under this value. This is something that will change the financial details of transfers of players between clubs and agents should be aware of how this may impact their business and the opportunities presented to clients. However, it should not be a motivating factor in trying to prematurely force deals to be completed in this window for the sake of being able to claim a higher commission.  

The Next Month

In our blog following the conclusion of this summer window, we will provide an overall review of the market. However, we predict that the next few weeks leading up to the end of the window across the European continent will follow a similar pattern to previous seasons although they may materialise in a slightly different form. 

It is common that towards the end of the window and after the first couple of gameweeks, there is a growing sense of urgency from clubs. Some players may pick up early injuries in games and clubs will quickly be able to identify the weakest areas of their squad that needs improving before the end of the window in order to compete for the season. Agents should be monitoring the early performances of clubs and players as well as identifying areas where a club may be looking to strengthen or replace injured players. 

As it nears deadline day in different European transfer markets, it is likely that we will see many deals pushed over the line. The heightened pressurised environment causes opportunities to arise unexpectedly and things can move very quickly. We can expect the Saudi Pro-League to remain particularly active during these weeks and have an effect on the squads of European clubs, many of whom will seek to urgently replace their losses before the window closes. Top clubs will remain willing to spend large sums of money on bringing in top talents. On the other hand, we also expect the loan market to accelerate and registration of free agents to increase as clubs become more hurried in their search to improve their squads. 

It is important for agents to note the closing date of different transfer windows across the European continent and beyond and particularly the influential impact they will have on the market and the opportunities it could create. For example, the windows in Turkey, Qatar and Saudi Arabia continue for around two weeks beyond the majority of European markets. During this extended period, clubs in European markets that may not have been able to sell on players they wished to during other European windows will now focus on offloading these players in the markets that are still open. For example, in Turkey this two week period in September provides an opportunity for clubs and ordinarily a large quantity of transactions are done during this time. Agents and selling clubs need to be aware of this as the lack of leverage and competition for players will mean clubs in Turkey will be pursuing their targets for lower financial costs. It is certainly a market worth following over the coming weeks until its closure. 

Summary In summary, this summer transfer window in Europe has perhaps been greatest affected by the unprecedented activity of the Saudi Pro-League. Nevertheless, we are seeing large amounts of activity across Europe’s top leagues. With increased economic predictability and stability on the other side of the COVID-19 pandemic, clubs are now in a position to be able to invest sensibly and understand their own financial limits. For agents, this window has been volatile and unprecedented in many ways, although there have been many opportunities for clients to find new clubs and it has been vital to continue to monitor the market. The remaining few weeks of the window will tell us more about how exactly the summer transfer window of 2023 is unique to any window that has come before it.

Introduction

A common question that is asked is; “What is the difference between sports lawyers and agents?”. In truth, there is a lot of overlap when it comes to representing a client in contract negotiations for example. Contract law is, after all, a major part of legal education and procedures. An important distinction is that agents are not limited solely to legal aspects of caring for a client. Nevertheless, a good or basic understanding of legal knowledge is important for agents. However, lawyers exist alongside agents for good reason.

This blog will explain the vital role that lawyers play and how agents create relationships with them to improve the services they can provide to their clients. 

What is sports law and what is a sports lawyer?

Sports law is an umbrella term that covers a wide range of legal issues relating to athletes and sports organisations and companies. It is made up of lots of practice areas, which include (but is not limited to): Contract law, Intellectual property (IP), Image rights, Family law, Commercial law, Tax law, Personal injury and more. Sports Law brings together all of these areas of law under the context of a sporting environment such as a governing body, a team or an individual athlete. In the modern era of football, every top club will have at least one in-house lawyer that will deal with a variety of legal matters each day and particularly contracts. This has become a common trend as a result of the rising prevalence of image right complications and complexities.

In short, a Sports Lawyer or Sports Attorney is a licensed legal professional that represents athletes, teams, leagues, industry boards and other organisations and individuals in the sports industry such as, for the purpose of this blog, agents. They work on a variety of legal issues from a wide range of practice areas. You need to know a variety of areas of law to be a successful sports lawyer, however, a good understanding of contract law is perhaps of most importance, as it forms the basis for most of the main areas of law in this industry.

To become a sports lawyer, one must meet the specific formal and ongoing educational requirements of the country that they wish to practise in. Staying up to date on the current laws is essential to being a successful sports lawyer and competently representing a client.

Sports lawyers are licensed to practise law professionally, while sports agents manage a player’s career, which can include contract negotiations and personal assistance. In essence, the key difference is that a sports lawyer can provide their client with specific legal advice and assistance. Sports lawyers are the only professionals that can guide their clients on legal matters. There are, however, some qualified lawyers that also work as well-known sports agents, and represent their clients in both capacities.

How to become a sports lawyer

Generally, there is no formal single path to becoming a sports lawyer. A sports lawyer is simply an extension of a lawyer that comes to specialise in sports law. First and foremost, to venture into sports law, it is necessary to originally qualify as a general lawyer in the country that you wish to practise in. Depending on the country, there are often extensive and intellectually-challenging educational and professional prerequisites for individuals to qualify as practising lawyers. Once qualified as a lawyer, it is then possible to gain experience in the sports law field on various cases that can lead to specialisation in the industry and recognition as a sports lawyer. 

Overall, there are not many full-time sports law specialists in the industry. Most lawyers work in another area of law such as contract law, commercial law, and family law while becoming involved in sports law cases simultaneously. However, working in different areas of law does have significant benefits and transferable skills that lawyers can then implement into dealing with sports legal matters. 

One thing to be aware of when applying to legal roles and employment is that many large law firms may also have a sports law department. Applying to these firms could be a great strategy for those looking to gain valuable experience in the unique sector of law. It enhances the possibility of specialising in the field of sport as a lawyer, particularly if you demonstrate extensive knowledge and willingness to engage with the area. Once working for a firm, it is more likely that sports-focused cases will arise and present opportunities to transition into the full-time sports law profession.  

The importance of sports lawyers for agents

In almost every opportunity an agent identifies for a client, there will be legal implications. When they sign for a new club or a contract extension, or in any endorsement deal, as well as other off-pitch services you provide such as financial management, investments and social media, there will almost always be a contractual agreement and clauses that must be adhered to. Having a general understanding of contractual law, sports law or any legal knowledge will inevitably help agents. Nonetheless, recognising where and when an expert opinion and guidance may be needed is vital for agents. 

In a contractual negotiation, agents will often call upon a trusted lawyer who is a close contact of theirs to give a full proof read to ensure that it is legally sound. It is very common that lawyers return initial contract drafts with countless notes and pointers of clauses or elements that need to be reconsidered and addressed. If you had signed this contract without consulting the lawyer, you would have left your client in an unfavourable and undesired position. Bringing in a lawyer is always worth it if it protects the main purpose of the agent for benefitting a client and prioritising their best interests.

Creating a relationship with a lawyer

Agents ought to build strong and trusting relationships or connections with sports or contract law specialists over the years, enabling them to find the right help.  

This is particularly important for agents that conduct their business internationally. In other words, agents that transfer clients between different markets and leagues cannot possibly have a comprehensive understanding of all of the intricate tax and employment laws in each country. Every country is different and hence, working with a local lawyer during these deals is absolutely necessary. For example, a recent deal for my team of a player to Poland meant we needed to ensure that every contract detail complied with and adhered to Polish tax and employment law and was the best possible clauses for our client. In such a case it is vital to thoroughly consult with an experienced Polish tax or employment lawyer as we did. 

By doing this the agent can protect the client as well as themselves as it avoids any risk of mistakes and accusations from the client of doing your job badly. Some agents may think it isn’t worth speaking with a lawyer in some instances as it is expensive to outsource legal work. However, the consequences of not doing so and making a legal mistake can be far more costly so it is always recommended that agents bring in qualified lawyers during their deals to ensure legal soundness. This demonstrates professionalism. 

Due diligence and research when connecting with a lawyer is imperative. There are various sports law firms operating in different countries and leagues with different specialties. Agents usually also speak to other agents or sports industry personnel as they will be able to advise on the best lawyers they may have come across in their own experiences. Both agents and lawyers must ensure that they present themselves in a professional and reputable manner and advertise themselves as someone other sports industry professionals would want to work with. The impression they give of their trustworthiness and personal values will influence the likelihood of lawyers and agents collaborating effectively in a long-lasting professional relationship.

Summary

This blog has shown that there is a lot of overlap between agents and lawyers and the skills of a lawyer are complementary to the capabilities as an agent. Becoming a sports lawyer becomes possible once an individual has obtained the necessary requirements and then opportunities to engage with sports-centred cases may arise from any situation and facilitates specialising in the sports legal sector. Agents will often work particularly closely with sports lawyers as they have many instances and proposals which require the services of a legal expert. Hopefully this blog has demonstrated how to go about working alongside lawyers or agents and how it can beneficially serve a common purpose and goal.

Don’t forget we are also running an online course providing the perfect preparation for how to pass the FIFA football agent exam on the 12th August. You can register for the course by clicking here. Alternatively, for readers based in Germany, we are also conducting an in-person event in Frankfurt on the 2nd September which you can register for by clicking here.

Introduction

The 693-page FIFA Study Materials Documents consists of all the key documents distributed by FIFA that agents need to understand and be able to implement and adhere to in their profession. The documents comprehensively cover every aspect of regulation applicable to the work of a football agent.

For the purposes of this blog, we will consider two particular articles of two of the major FIFA Documents; article 13 of the FIFA Football Agent Regulations, and article 19 of the FIFA Regulations on the Status and Transfer of Players. These articles specifically address the protection of minors within the game of football in relation to agents and international transfers and are to be regarded as being of utmost importance to ensure the appropriate management of under 18’s.

FFAR: Article 13

Article 13 of the FIFA Football Agent Regulations outlines FIFA’s policies for agents concerning the representation of minors. The article contains four important subsections that are explained below:

13.1: This clause has two components. Firstly, it stipulates that an agent can only make an approach to a youth player or their legal guardian if they are within six months of the legal age at which they would be able to sign their first professional contract based upon the laws of the country in which they are playing. For example, if a youth player played in a national association which prohibited players from entering into a professional contract until the age of 18, an agent would not be able to approach the player or their guardian in relation to their services as an agent unless the player was at least 17 years and 6 months old. Needless to say, this also means that a representation contract will not be signable nor legally valid if it is signed before the player is of this age.

Secondly, this clause also outlines the requirement that in order for an agent to appropriately make such an approach to a minor, they must have obtained prior written consent from the legal guardian of the young player. Without this, the agent’s approach will infringe upon FIFA’s regulations designed for the protection of minors and hence, the individual concerned will be subject to disciplinary action outlined in 13.4. Importantly, this clause makes it clear that oral consent is not sufficient and that the agent must be able to produce evidence of written consent.

13.2: The second clause in article 13 states that it will not be permissible for an agent to engage in representing a minor, or a club in a transaction involving a minor, unless they have previously completed the FIFA Continuing Professional Development (CPD) course relevant to minors. They must also ensure they have the necessary authority to engage in such activity involving minors in line with wider national laws or the FIFA member association under which the minor is employed. This may include further qualifications and checks to confirm an individual’s suitability for engaging with minors. 

13.3: This clause outlines the provisions and requirements for the representation agreement or contract between a minor and an agent to be legally enforceable and valid. Three components are stated. Firstly, the contract must meet the minimum requirements for a valid representation agreement given in article 12 of the FFAR, this is the inclusion of the names of the parties, the duration of the agreement, the financial obligations (service fee), the nature of services provided by the agent, and the signatures of all involved parties. Secondly, the agent must also have conclusively complied with and adhered to clauses 1 and 2 as explained above. Finally, the extension to a representation agreement between a minor and an agent is that the contract must also be signed by the legal guardian of the player as well as the minor, in line with national laws. 

13.4: The final point mentioned within article 13 briefly touches upon the disciplinary policy that FIFA will adopt if the regulations in the article are undermined or infringed upon by an agent. Particularly regarding clause 1 and the manner of approach to minors, a violation of these guidelines will be sanctioned by a fine of a specified sum as well as a suspension of the individual’s license as a football agent. Such a suspension can apply for up to two years depending upon the circumstances. This will be assessed on a case by case basis. 

RSTP: Article 19

The FIFA Regulations on the Status and Transfer of Players is the largest content of the FIFA Study Materials. The 101 pages covers a variety of key aspects such as training compensation, third party influence, player registration and contractual stability. Article 19 is split into three sections; 19. Protection of Minors; 19bis. Registration and Reporting of Minors at Academies; and 19ter. Trials. They all contain very significant details regarding the management of minors in transactions between clubs and in international transfers. 

The key point of article 19 is given in clause 19.1 and states that “the international transfer of players is only permitted if the player is over the age of 18”. In other words, the general principle is that a minor is not permitted to transfer internationally. However, clause 19.2 complicates matters by providing five exceptions to 19.1 in which this general principle can be dismissed. These are explained as follows:

1. An international transfer of a minor may legally take place if the player’s parents (i.e. their legal guardians) relocate to another country in which the new club is located. Importantly, the relocation of the family must be for a purpose or reason that is not related or linked in any way to football. 
2. This is a specific exception that only applies if the player is at least 16 years old, but still under 18; and where either the transfer takes place within the European Union or the European Economic Area or if it is between two associations within the same country. If either of these criteria are met, the new club to which the minor is transferring to must also be shown to fulfil the minimum obligations provided in 19.2b (iii-vi). The four requirements are:
   1. The club must facilitate the player’s training as a youth player in line with the highest national standards. This is also referred to as ‘adequate football education’.
   2. The club must also guarantee academic schooling or vocational training, providing the minor with a secondary career option if professional football does not materialise.
   3. Accommodation and access to mentoring are examples given of the necessary living and lifestyle arrangements that the club must also demonstrate they have organized for the player.
   4. Finally, the club must give proof that they have fulfilled all of the above obligations to the relevant national association in order to go ahead with the transfer.
3. If the player lives within 50km of the national border and the club which the player wishes to transfer to is also within the same distance of the border, it may be permitted for the player to register with the club. In other words, the distance between the player’s residence and the new club must not exceed 100km. Hence, if the player moves, they will remain living in the same location. Additionally, both national associations must approve of the transfer and registration.
4. Clause 19.2d concerns minors who endure forced relocation due to humanitarian reasons such as threats to their human rights including their lives, freedom, religion and race. In such instances the minor may be recognised as a refugee or protected person, allowing them to sign with a professional or amateur club. If they are instead recognised as an asylum seeker or vulnerable person, they are only permitted to sign with an amateur club until they turn 18.
5. The final exception for the transfer of a minor internationally is if the player moves without the accompaniment of their parents for academic reasons such as a school ‘foreign exchange’ program. However, such a transfer may only be for a maximum of one single year with the new club and the club must be purely amateur. It is not permitted for the player to sign with a club that is professional itself or alternatively, one that has a link with a professional club. 

The remainder of article 19 includes several other notable points. Firstly, it clarifies that the provisions of the article are also applicable to a player who has not previously been registered with any club but wishes to register with a club in a country that is not the one in which they live or are a national of. Furthermore, it is stipulated that the Player’s Status Chamber of the Football Tribunal, the procedures of which are outlined in the Procedural Rules Governing the Football Tribunal, is charged with the duty of approving international transfers and registrations of players that are over 10 years old. The national association which the minor is due to register with is also given the duty of ensuring that the circumstances of the transfer are included in the exceptions for the registration of a minor. And finally, the duty of care to the minor and to take measures in the safeguarding and protection as well as the education of the player is attached to the club with which they sign. 

RSTP: Article 19bis.

Article 19bis of the FIFA Regulations on the Status and transfer of Players provides policies for the registration and reporting of minors at academies. It begins by stating that clubs that operate academies have a duty to report all minors who attend the academy to the national association. The relevant association will keep a register with personal details of each youth player. The association is also under a duty to disclose directly to FIFA if a minor is registered with an academy if they are not a national or have lived in the country for more than five years. 

The article also mentions the concept of collaboration with private academies by clubs. In such instances the club is obliged to report the collaboration, ensure the players are also subsequently reported, prioritise the safeguarding of minors participating in the private academy and to report any wrongdoing or concerns over child safety. An emphasis is placed upon the practice and reinforcement of ethical principles, particularly in caring for minors. 

RSTP: Article 19ter.

The first part of article 19ter does not specifically concern minors and instead outlines provisions for the conduct of clubs taking on trialists that are already professional footballers. For the purpose of this blog, we will consider clause 8 and 9 in article 19ter which stipulate the conditions specifically addressing minor trialists although the trial of a minor must also adhere to the regulations in the first 7 clauses. 

In addition to the general trial guidelines, clause 8 states that when the trialist is a minor, the trial is only permissible if the trial begins after the minor’s 16th birthday or their 15th if the current and trialling clubs are both based in Europe. The club must make further endeavours such as obtaining written permission from the parents, designating an employee to specifically care for the trialist, the provision of accommodation and living standards which includes covering expenses and if the player is below 16, a signed FIFA trial form must be provided to the current club. 

Finally, clause 9 adds that there is a limit on the number of trials which a minor can attend in a specific period of time. A minor can only attend a maximum of two in a single calendar year and each trial must be consistent with clause 4 of 19ter which permits the maximum duration of a trial for players below 21 years of age to eight weeks.

Summary

The three articles across the FIFA Football Agent Regulations and the Regulations on the Status and Transfer of Players are arguably some of the most important in the FIFA Study Materials. A key area of focus for FIFA, particularly in regards to the provision of agent services, is that there are adequate safeguarding measures implemented to protect young football players. Therefore, knowledge of these clauses is vital to avoid scrutiny and disciplinary sanctions that can be particularly severe in regards to damaging or undermining child safety. It is also important to extend your knowledge and understanding beyond just the FIFA Regulations and be aware of the implications and extent of National Association regulations that can place additional measures and restrictions on conduct with minors.

Don’t forget we are also running an online course providing the perfect preparation for how to pass the FIFA football agent exam on the 12th August. You can register for the course by clicking here. Alternatively, for readers based in Germany, we are also conducting an in-person event in Frankfurt on the 2nd September which you can register for by clicking here.

Introduction

There are currently two leagues that are widely discussed in sports news as the hot-property of modern day football, the Major League Soccer in the USA, and the Pro-League in Saudi Arabia. In terms of finances, transfers, development and quality, they are the fastest growing in the game. However, they are both expanding and improving in different ways and take on different models. Put simply, the MLS is a single entity with franchises owned by businesses and wealthy entrepreneurs whilst some clubs in the Saudi football market are backed directly by the government in a bid to close the gap with the biggest football leagues in the world.

At the beginning of 2023, Saudi Pro-League club Al-Nassr announced one of football’s greatest ever players as their biggest ever signing. Cristiano Ronaldo joined as a free agent for a reported annual wage of over €200million after his contract was mutually terminated at Manchester United . Since then, the Saudi Arabian football market has become a major talking point within the global game. For those readers that follow football gossip pages and the likes of Fabrizio Romano or David Ornstein, you will have seen that daily rumours and links with some of the sport’s biggest stars involve Saudi Pro-League clubs and incredibly lucrative deals.

In this blog, we will aim to understand what exactly is going on, where this quite sudden emergence of Saudi Arabia as a financial powerhouse of football has come from, and the place it may hold in the turbulent future of football. We will also assess the implications for football agents, both the exciting opportunities it presents and the possible challenges. 

The Rise and Future of Saudi Football

So far in the 2023 summer transfer window, the Saudi Pro-League has welcomed several global superstars to the league, including: Karim Benzema, Ruben Neves, Kalidou Koulibaly, Edouard Mendy, Marcelo Brozovic, Roberto Firmino and N’Golo Kante. There has also been an extensive list of rumours and gossip around many more. Anyone with a major profile in the world of football seems to have been linked to joining a Saudi club in some capacity or another, including players such as Lionel Messi, Sergio Ramos, Neymar, Hakim Ziyech, Andres Iniesta, Romelu Lukaku, Luka Modric, Sadio Mane, Bernardo Silva, Gianluigi Buffon, Jamie Vardy, Son Heung-Min and Wilfried Zaha. Top coaches and managers such as Jose Mourinho, who rejected a salary offer of around €50m annually, have also been linked, and last week, England and Liverpool legend, Steven Gerrard, became the manager of Al-Ettifaq on another extraordinarily lucrative deal and is already looking to recruit the likes of Premier League winning captain, Jordan Henderson. 

Significantly, some of the players listed above that have gone on to sign with financially booming Saudi Pro-League clubs such as Al-Hilal, Al-Ittihad, Al-Ahli, and Al-Nassr, have also been linked with traditionally historic clubs. For example, Ruben Neves, still in his mid-twenties and arguably reaching the peak of his playing ability, was reportedly on the recruitment lists at European giants, Barcelona and Manchester United. As the history of football goes, young players and aspiring footballers hold the dream of playing in the Spanish La Liga, the English Premier League, and competing for the most highly-regarded personal and team accolades in the game, such as the UEFA Champions League and the Ballon d’Or. So why, people are asking, has the appeal of plying their trade in Saudi Arabia suddenly become such a prominent possibility for so many players?

Perhaps answering this question is simple. Financial motivation. Many of the players rumoured and linked with Saudi Arabian moves are in at least the twilight stage, or even the last couple of years of what has already been an illustrious and successful sports career. As players enter their early thirties, they begin to think about retirement and what comes next. This is where playing their final years in the Saudi football league becomes an extremely attractive option due to the vast, seemingly limitless, sovereign wealth of the region. The players listed above have created incredible reputations throughout their career in European football and boast immensely impressive playing CV’s. Through their hard work, success and dedication to their craft, they have reached levels of global superstardom and become household names. This puts them in the position where they are entitled to feel they have earned the lucrative offers and opportunities presented to them by Saudi Arabia. 

All of the players listed above have been reportedly offered contracts in excess of €30m base wages annually, most likely exceeding any basic income they will have ever received or been offered before, even in football’s top and most revered leagues. It provides a final payday for their career that will not only provide them with a brilliant platform for the rest of their own life, but enables them to support their families and loved ones for several generations. Financial security is almost all but guaranteed and is an opportunity that is too difficult to turn down for many. 

We have seen a similar pattern before. Many football fans will remember a period of time between 2015 and 2018 where the Chinese Super League and its transfer rumours also seemed to dominate the football media. These clubs were also incredibly wealthy and quickly made headlines with enormous pay-packets, inflated transfer fees and major signings, such as Oscar, Hulk, Paulinho, Jackson Martinez, Ramires, and Marko Arnautovic. This seems to have settled in more recent seasons and windows, so what makes Saudi Arabia’s future different?

Saudi Arabia, and other countries in the middle-east region have actually been established in European and global football for a significant period of time, primarily through club ownership and investment. The Saudi Public Investment Fund (PIF) recently acquired Newcastle United in the Premier League, for example. The same PIF also owns 75% of the country’s biggest clubs, Al-Ittihad, Al-Ahli, Al-Nassr, and Al-Hilal, the same clubs you may have seen previously mentioned and coincidentally heavily linked with football’s most recognisable stars. Furthermore, the football leagues in the UAE and Qatar are common ‘feeder’ leagues for the Saudi pro-league, and provide something which the Chinese Super League did not have to the same extent. These other leagues are backed by similarly wealthy states and organisations and are involved with European-footballing royalty such as Paris Saint-Germain, Manchester City, and may soon own Manchester United. Beyond clubs and leagues, the PSG President and Qatar Sports Investment Chairman, Nasser Al-Khelaifi, is also the president of the European Club Association (ECA), increasing the power and presence of influential figures in European football that are also involved in the middle-east.

There are big and, more importantly, long-term plans for the Saudi Professional League that the nation’s sports ministry are implementing and acting on that aims for the region’s football market to be generating a revenue of nearly $500m by 2030, over four times what it currently creates. This becomes possible if the game continues to grow at a rapid rate and continues to attract some of the most ‘fan-captivating’ players. At the forefront of plans is the Saudi Arabian bid to host the 2034 FIFA World Cup, having withdrawn their bid for 2030. If the region is able to host the world cup in just over a decade, and on the back of a memorable and iconic tournament in Qatar last year, it will only add to the excitement and the meteoric rise of football in this part of the world. With Ballon d’Or, multi-Champions League victors and World Cup winners amongst the names of those already joining up with the Saudi football movement, the trajectory suggests that with gigantic sponsorship deals, player and team endorsements, global tournaments, and landscape-changing broadcasting rights deals, the ambition is not as far fetched as one may originally believe. 

Broadcasting rights could be a major contributing factor to the rising calibre and widening reach of football in the middle-eastern region. beIN Sports, the Qatari television network already claims rights to televise some of the biggest sports and football events across the biggest competitions and leagues so is in a powerful position to propel Saudi and middle-eastern football into the public spotlight. Saudi football has not only invested into the sporting side of things but also has extended into media and commercial rights in many countries to help promote their growth. 

Conveniently, we can also assess and compare what Saudi Arabia has achieved in the sport of Golf so far as a measure of success and direction for where football might go. The Saudi-run LIV golf league has also dominated the sport since its recent introduction and has now become so powerful it has forced the historic, 1929-established PGA tour into an unprecedented and controversial merger, largely due to the incredulous sums of money it is able to offer the world’s best golfers. 

The lifestyle that living in Saudi Arabia and the middle-east presents also adds to the attraction and temptation for elite footballers. It is an incredibly wealthy country with the highest quality of infrastructure and development, as well as being a very safe place to live. Its close proximity to other hotspots such as the tourism and business hub of Dubai only adds to its value. For players with families, the growing number of international schools appearing in the region means that young children can relocate with their parents and begin new lives within a sophisticated education system. 

Lionel Messi is an ambassador for Saudi Arabia and a regular visitor to the region. However, he recently confirmed that he had decided to take the opportunity to play at Inter Miami rather than join the Pro-League. This is understandable as he has invested in real-estate in the region for a while, the Florida area is a short flight from his home nation of Argentina, and there is also a vast Argentine population in the city of Miami. Therefore, despite rejections from household names such as Lionel Messi and Jose Mourinho, who decided to continue to pursue European success, everything we have seen over the last season suggests that Saudi Arabian football dominating the transfer market is not just a one-season phenomenon. Instead, it marks what may be the beginning of a global shift in the football landscape that sees a newly emerging market and league begin to strive for world domination. We are likely to see more and more players making the move to the region, perhaps at an increasingly younger age, and a growing number of games shown on our television screens. 

Implications and Opportunities for Agents

As a football agent, a large proportion of one’s time and career is dedicated to understanding and succeeding in the ever changing world of football. It is a turbulent sphere that evolves with the modern era, powered by driving forces such as fan-interest, global growth, and perhaps most commonly, finances. Although many agents may focus on specific markets, often locally, for most of their negotiations and transactions, it is absolutely vital that they are aware of developments across the footballing world as they will have collateral effects on the market they are concerned with themselves. The rise and prosperous, ambitious future of Saudi Arabian football is a prime example of how a change in one region, has such a profound impact further afield. For the purposes of this section, we will consider part of this widespread impact that has significant positive and negative connotations for the profession of football agents. 

Understanding your clients becomes an even more integral part of business as an agent. If, from the outset, you understand that your client prioritises football successes, such as the ambition of winning a Champions League, then perhaps the appeal of Saudi Arabia will be lost on them and something that you, nor they, need to concern yourselves with. Instead, whilst many other players may jet off to the Saudi Pro-League, more opportunities may present themselves to the client that you can identify and use to propel your client’s career and aspirations in Europe, the rapidly growing Major League Soccer, or elsewhere. With increasingly more players vacating competitive markets to Saudi Arabia, clubs left behind know that they must look elsewhere for replacements and as an agent, having the relevant contacts can help place clients into positions that could open up a beneficial career step into one of these clubs. On top of this, these clubs now know they will have to push the sums of money they are able to offer players, to avoid recruitment targets being tempted away to the financially superior middle-eastern region. 

This works both ways. Many clients may have a different perspective. In recent times, Saudi Arabian football has established itself as a desirable destination for numerous footballers. If they share this with their agent as an enticing opportunity, the agent then has the responsibility of considering and seeking the option for them to fulfil this ambition. It is already evident that for highly talented players that could still compete at the very pinnacle of football, the financial pull and life changing appeal of the Saudi market can alter their preferences. As the agent, you must ensure that your client is fully informed and understands what exactly a transfer to a Saudi Pro-League club entails, and how exactly it embeds itself into their career path thus far, and into their future. Remember, you must focus exclusively on the best interests of your client. A decision to seek and negotiate a deal in the middle-east must be borne solely from your client’s wants and wishes, regardless of any selfish motive. 

It is important to note that working as an agent and representing clubs, players and coaches in the middle-east in the current environment is already incredibly competitive. With the astronomical transfer fees and player wages being distributed by clubs in the region, the possibility for sizable commissions is inevitably going to be tempting to an array of professionals and individuals operating in the football industry. Coupled with the new FIFA Commission Caps restricting earnings and making sustaining a career as an agent difficult in other leagues around the world, the Saudi finances are leading many agents to shift their focus onto the emerging market. 

A client coming to the end of their career in football would traditionally and ordinarily accept a significant pay-cut and decreased overall earnings as they commit to short-term contracts to play out the final days of their career. For top clients, they may be willing for you to find them opportunities in markets such as Turkey or in the US MLS; attractive places to live, a good standard of football, and a last chance to earn money as a footballer. However, the same clients may now receive offers from Saudi Arabian clubs, above anything they have earned before. If the client is willing to explore the idea and to take such an opportunity, this can also be financially beneficial for the agent. The difference between the potential commission for an agent is stark and most lucrative in Saudi Arabia. However, this should never precede the best interests of the client. 

As modern football develops and changes with the times, it becomes more and more imperative that football agents view their work as global, rather than confined to a certain region or even a sole country. Opportunities for clients and the next steps in their career now present themselves further afield, in the middle-east and other markets beyond just European football. The most successful agents in the contemporary era of football are the ones that will be able to adapt to this and continue to operate professionally in the newly emerging markets. 

There are many challenges and obstacles that agents will come to face in the market, however. Dealing, negotiating and transacting with Saudi clubs and officials is very different to how agents may have conducted their business in other football markets. Agents that are looking to operate in the middle-eastern region must not do so naively; it is imperative to learn and become accustomed to the stark differences and intricacies in local custom and culture. Many agents we have spoken to on the matter have raised a broad variety of points regarding how this can have a damaging or beneficial effect on a possible deal. 

For example, it can be the case that rejecting a single deal that they view as fair in their opinion, and giving the impression of greed, will not only jeopardise the deal in question, but also prevent them from ever working with that agent again, making any future deals impossible. Additionally, it is important to be aware that the culture in the region emphasises the importance of sharing and generosity. This becomes apparent during football transfers as often there will be many different individuals included within a deal that will all be contractually entitled to receive some level of remuneration. This is simply a part of common business practice in the region and is unavoidable. Disputing such inclusions can cause undesirable consequences and deter them from future interactions. Agents that have not educated themselves on professional behaviour and custom in the region will find it extremely challenging and difficult to produce favourable outcomes for them and their clients. 

One final point to consider and to monitor is that this situation may change in the future. As well as coaches and players, clubs are also increasingly looking to recruit board members, Sporting Directors and other technical staff that have extensive European football experience and are well-rehearsed in the processes of running a successful football club and dealing professionally with highly scrutinised transactions and transfers. This may mean that agents will find it easier in future to deal with Saudi clubs and the number of ‘middlemen’ will decrease. The more professional individuals working on the club side inevitably means a more efficient system for agents to work with.

A Further Thought for the Local Players…

Despite such a global and seemingly never-ending coverage of all of the gossip, rumours and transfers involving Saudi Arabian football and some of the biggest salaries football has ever seen, there is actually a forgotten party in all of this. Rarely, if ever, have people discussed what the implications of this market shift means for Saudi Arabian national footballers and professional players that have been playing for Pro-League teams for years. Needless to say, however, this transition in the presence of Saudi football within the global game has a drastic impact on their livelihoods and their careers.

With major stars and legends of the game joining teams in the Saudi Pro-League for unprecedented annual wages, there is a dramatic gulf between the earnings of the established local players, and the new ‘global superstar’ arrivals. Something that we may see change in the coming transfer windows and seasons is measures put in place to reduce this divide. Perhaps a system that implements a ‘minimum wage’ may be brought in by those running football in the region with the biggest priority being to protect upcoming youth talent, homegrown players, and the development of the Saudi Arabian national team. It will be very interesting to see the longer term effects for players in the league, other than the superstars that everyone is talking about. 

Summary

In summary, almost every football fan, player, and professional that works within the beautiful game, will be aware of the rising number of headlines surrounding Saudi Arabian football and the calibre of players being linked with the top Pro-League clubs. Everything that we have seen and heard so far suggests that, unlike the mid-2010’s Chinese emergence, the rise of middle-eastern football is part of a longer term project that may inadvertently cause drastic alterations in the global football landscape. For agents, the sheer financial superiority and enticing scope for continued growth provides an exciting opportunity to conduct business. Although still largely an unknown entity, agents that are able to build contacts within the region and create irresistible opportunities for clients may be able to capitalise on the market for the benefit of their own careers as well as that of the players and coaches that they represent.

Don’t forget we are also running an online course providing the perfect preparation for how to pass the FIFA football agent exam on the 12th August. You can register for the course by clicking here. Alternatively, for readers based in Germany, we are also conducting an in-person event in Frankfurt on the 2nd September which you can register for by clicking here.

Introduction

In episode 18 of this blog series on the world of football back in April 2022, we assessed the impact of Brexit on football in the United Kingdom and across Europe and the rest of the world. Rules had been introduced into British football restricting the free movement of players into the country and aimed to encourage the growth of homegrown youth development. For the 2023/24 season, these regulations have been significantly amended.

In this blog we will revisit the rules around Governing Body Endorsements, aim to understand the new changes recently passed and approved by the UK Government and the English Football Association (FA), and understand the new concept of ‘ESC’ players.

The Brexit Rules

Prior to the Brexit vote, the Premier League and UK football benefitted from the wide talent pool available for employment in the European Union. As a part of the EU, there was free movement for all members and transfers of footballers in and out of the UK was simple, with minimal burden. The immigration act of 2021 ended the automatic free-movement right of EU nationals to live and work in the UK.

For football this meant that the governing body, the FA, along with the Premier League and the EFL, introduced a points based immigration system that outlined the criteria required of potential players and managers that may be transferred to the UK. Those that meet the criteria are considered as obtaining a governing body endorsement (GBE). The responsibility of acquiring a GBE for signing players lies with the signing club.

A GBE is awarded on a points-based system and is granted by the FA if a player reaches 15 points. There is also an ‘autopass rule’ which applies to those that have played a certain percentage of minutes (over the last 12 months) for their national team that is ranked in the top 50 by FIFA. This includes over 70% of any of the top 50 ranked international teams or above 30% of minutes for those nations ranked in the top 10. These players are immediately given a GBE and are able to play for a club in the UK.

Those that do not meet the autopass rule are required to achieve 15 points through other means. To accumulate these points the FA also takes into consideration the quality of the selling club, the division they compete in, their league position and their continental cup progression. Individual statistics are also accounted for; specifically club appearances and the percentage of minutes played for the selling club. These points are formulated based on a banded or tiered system for clubs and divisions. For example, those competing for a club in the Bundesliga or La Liga will receive more generous points as they are playing at the first banded level of clubs.

The Introduction of ESC Players

The latest changes to the regulations which will come into force for the 2023/24 season introduce the possibility of English clubs signing ESC players. The status of an ESC player is equivalent to obtaining a GBE and allows them to register and play for an English club if they meet the alternative criteria for an ESC player in the case that they do not meet the required 15 points for a GBE or are granted one via the exceptions panel.

The fundamental premise of the ESC player criteria is that the potential signing player is of an elite level and will make a significant contribution to football in the UK. The criteria requires that in the ‘ESC Player Reference Period’ (the 24 months prior to the date on which the application for an ESC player GBE is made) the player must have satisfied one or more of the following:

1. Played in one or more youth international matches for a country in the top 50 of the FIFA world rankings
2. Played in five or more youth international matches for a country outside the top 50 of the FIFA world rankings
3. Played in one or more continental youth competition matches
4. Played in five or more domestic youth competition matches
5. Played in one or more senior international matches for a country in the top 50 of the FIFA world rankings
6. Played in five or more senior international matches for a country outside the top 50 of the FIFA world rankings
7. Played in one or more continental competition matches
8. Played in five or more domestic competition matches

This evidently makes it much easier for a foreign player to be eligible to sign and play for a club in the English leagues. However, limits still remain for all clubs as to how many ESC player spaces they have for the 2023/24 season onwards. Every club from the Premier League and through the English Football League to League 2 will be entitled to fill up to 2 spaces for ESC players. There is then an additional leeway for clubs in the Premier League and Championship (top two divisions) which allows clubs to have two further ESC spaces available if they exceed 35% of ‘weighted EQP minutes’. A summary is shown in the table below for the 2023/24 season:

(Source: FA)

‘EQP minutes percentage’ refers to the percentage of minutes given to English Qualified Players’ by the club in question. Put simply, if the club still facilitates homegrown player development by giving them significant game playing time, they will be entitled to more ESC spaces. This is to help protect the initiative of increasing the number of players that are eligible to play for England representing the top professional clubs. 

Weighted EQP minutes percentage is calculated using EQP minutes, non-EQP minutes and the total minutes (calculated by subtracting the non-EQP minutes from the EQP minutes) from each EQP qualifying match. Then the EQP minutes percentage for each qualifying match is given by calculating:

(EQP Minutes / Total Minutes) x 100 = EQP Minutes Percentage

These are then summed together to give cumulative figures across the seasons of each EQP reference period, dismissing the top four and bottom four matches when placed in ranking order. 50% of minutes played by an EQP of the club that has been loaned to another club will also be added to the clubs cumulative EQP and total minutes. Then the final weighted EQP minutes percentage is found by using the following formula:

(Cumulative EQP Minutes / Cumulative Total Minutes) x 100 = Weighted EQP Minutes Percentage

It is vital to understand that an EQP qualifying match simply refers to matches in the Premier League, Championship, League One, League Two, continental competitions such as the Champions League, the FA Cup 5th Round and further (or the quarter final and further if a PL club), and the quarter final and further of the league cup (or semi-final if PL club). 

From the 2024/25 season onwards, ESC places will solely be determined by the statistic of weighted EQP minutes percentage as will be awarded as below. Importantly to note, any reduction in available ESC places as a result will not affect players that are already permanently transferred or loaned to the club, it will only affect the possibility of them recruiting additional ESC players until they have another space available:

(Source: FA)

Significantly, an ESC place may become available if after 12 months of signing an ESC player, the club applies for them to become a non-ESC player. This is possible if they meet the autopass percentage of international appearances, if they achieve 15 points or more for a GBE or if they play in 25% of the EQP qualifying matches and the required percentage of available minutes. 

Summary

We hope that this blog has enhanced your understanding of the new changes to foreign players and their eligibility to register and play for English clubs. Although this blog provides a succinct explanation as to how the new ESC concept will function alongside the GBEs, it is important to ensure you understand the terminology and calculations that will be used by the FA and further details on how the new regulations will be implemented. Keep an eye out for our upcoming Youtube video on the topic on our channel.

Don’t forget we are also running an online course providing the perfect preparation for how to pass the FIFA football agent exam on the 12th August. You can register for the course by clicking here. Alternatively, for readers based in Germany, we are also conducting an in-person event in Frankfurt on the 2nd September which you can register for by clicking here.