FIFA Regulations Impact on Conference Football Agents: A Dissertation

This dissertation explores the implications of the new FIFA intermediary regulations as perceived by agents of conference footballers. It begins by highlighting instances of corruption and bribery within football, linking them to the loosening of regulations. The research investigates how the abolition of the agent licensing system and its replacement with a registration system have affected the activities of intermediaries. The study focuses on the Vanarama National League, examining the increasing fees paid to intermediaries and the potential exploitation of conference footballers. By using an in-depth analysis, the research aims to provide insights into the practical and theoretical implications of these regulations, filling a gap in the existing literature and informing FIFA and the FA about the perceived effects in lower leagues. The dissertation uses both primary (interviews) and secondary data to provide a comprehensive understanding of the topic.

Running head: FIFA REGULATIONS PERCEIVED BY AGENTS OF CONFERENCE
FOOTBALLERS
What are the implications of the New Intermediary FIFA regulations perceived by agents of
conference footballers?
Name of the Student
Name of the university
Author Note

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FIFA REGULATIONS PERCEIVED BY AGENTS OF CONFERENCE FOOTBALLERS
Table of Contents
Introduction................................................................................................................................3
Problem Statement.................................................................................................................5
Research Question..................................................................................................................6
Research Setting.....................................................................................................................6
Practical Importance...............................................................................................................7
Theoretical Importance..........................................................................................................7
Timeliness..............................................................................................................................7
Literature Review.......................................................................................................................9
Governance............................................................................................................................9
Agents..................................................................................................................................10
Old Regulation.....................................................................................................................11
Other Factors........................................................................................................................11
Research Methodology.........................................................................................................17
Method Outline....................................................................................................................17
Research Onion....................................................................................................................18
Research Philosophy............................................................................................................18
Justification of the Philosophy.........................................................................................19
Research Approach..............................................................................................................19
Justification of Approach.................................................................................................20
Research Design...................................................................................................................20
Justification of Chosen Design.........................................................................................20

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Data Collection Procedure...................................................................................................21
Data Source Techniques: Secondary Data...........................................................................21
Data Analysis.......................................................................................................................21
Population and Sample.........................................................................................................22
Ethical Consideration...........................................................................................................22
Research Limitations............................................................................................................23
Time Horizon.......................................................................................................................24
Interview Analysis...................................................................................................................25
Secondary Data Analysis.....................................................................................................28
Linking Primary and Secondary Research...........................................................................30
Conclusion................................................................................................................................32
Linking with the Aim...........................................................................................................33
Recommendations................................................................................................................33
Areas of Further Research....................................................................................................34
References................................................................................................................................35

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Introduction
Football and agents are two words that unfortunately found to often associate with
corruption, bribery, exploitation, especially in the business side of football. From the world
governing body of football FIFA and its former president Sept Blatter facing money
laundering allegations (BBC, 2015) from the FBI and now facing a ban of 8 years from all
football related activities, to the former England manager Sam Allardyce negotiating a
£400,000 deal to offer advice to a businessmen on how to ‘get around’ FA rules on player
transfer which resulted to his sacking (Telegraph, 2016) to PSG chairman Nasser AL-
Khelaifi and the world record transfer of the Neymar deal and now being accused of world
cup bribe, all this due to the loosening of the new Intermediary FIFA regulations which has
allow corruption to creep in. (Guardian, 2017).
In September 2006 the Telegraph did a BBC1 panorama programme on ‘Undercover:
Football dirty little secrets’ it involved allegations on the rule breakings of licensing agent
involving ‘bungs’ (bribery) of then managers Sam Allardyce of Bolton Wanderers , Harry
Redknapp Portsmouth manager and others. Charles Collymore a football agent was secretly
filmed and caught on camera saying “There's managers out there who take bungs all day
long. I would say to you comfortably there's six to eight managers we could definitely
approach and they'd be up for this no problem.”
10 years after the Telegraph first investigation, in September 2016 the Daily Telegraph ran an
investigation named ‘Football for sale’ which revealed on their tabloid newspapers then
England Manager Sam Allardyce. QPR manager Jimmy Floyd Hasslebank was also found
requesting a fee of £55,00 to speak to an football agents along with others such as chairman
of Leeds United football club Massimo Cellino requesting investment in return for money

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from player sales and Barnsley FC assistant head coach Tommy Wright accepting £5,000
payment from an agent to place a player on the team sheet.
What is Corruption? Corruption is the abuse of entrusted power for private gain
(Transparency International, 2017). Corruption in football involves bribery, to persuade a
club or a player to sign with the agent, to deliberate and concealed breaches of the rules so
that a club, player or agent may achieve some financial or sporting other advantage (De
Marco, 2017). Corruption in football in many cases operates in many levels but mostly
involves around the lucrative transfer market of football players.
With Transfer market being the centre of corruption in football, in the 64th FIFA congress in
June 2014 FIFA decided to abolish the football agent licensing and replace it with the new
Intermediary FIFA Regulations that would come into place in April 2015. As they claimed
only 25-30% of transfers over recent years have been carried out by licensed agents (FIFA,
2014). ‘This new regulations does not regulate access to the activity but provide a framework
for tighter control and supervision of the transactions relating to transfer of football players
in order to enhance transparency’ (FIFA, 2015).
The implications of this new regulation have seen the exam system being abolished and being
replaced with a registration system by the different national associations. This has allowed
anyone being able to take part in intermediaries’ activities as long as they show ‘impeccable
reputation’. The AFA (Agent Football Association) claimed that this would ‘restore the
world of agency to the wild west’ culture way of working where everyone will be fighting for
the same players and encouraging the poaching of players. Before the FIFA abolished the
Agent Licensing system they were 770 agents registered but in just 2 years since the new
regulations that figure has double with now 1,700 known registered Intermediaries (TheFA,
2017).

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This new regulations has given the power the different national association, with FIFA failing
to manage the old licensing system they have passed the ‘bucket’ on to the national
associations. FIFA simply didn't have the resources and manpower to police this, nor did it
necessarily want to get involved when parties fell out (Marcotti, 2015). By giving the
responsibility on the football association on policing intermediary’s activities it has raised a
conflict and confusion on the new regulations. ‘It is entirely predictable that there would be
conflicts between national law and FIFA regulations as well as inconsistency in
implementation and enforcement in different countries’ (John Mehrzad, 2014). This is
occurrence with the remunerations of agents for transfer deal involving a player or club on
which FIFA rules stating it should not exceed more than 3%(FIFA, 2015) where as The FA
have placed a 5% remuneration fee(TheFA, 2015).
Also in the new regulations FIFA have imposed a non contract length on a player signed to
an Intermediary with no maximum duration meaning a player can be tied to an agent
unwillingly, this could raise a lot of court dispute between players and Intermediary’s. ‘The
nature of the Player/Intermediary relationship is precisely the kind of relationship where
regulatory measures are sensible to protect young or inexperienced players and avoid
litigation’ (De Marco, 2015).
According to the theory of Bounded Rationality (Simon, 1957) decision making is bounded
by three unavoidable constraints. This theoretical framework will help me explain,
understand and predict what likely to happen regarding this new FIFA working with
Intermediary regulation as well as challenge and extend the existing knowledge regarding the
implications on this new FIFA working with Intermediary regulations. By using an in depth
schema I will shine a light on my phenomenon, participant and settings, on what is known
and what is yet to be found out regarding this new FIFA working with intermediary
regulations.

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Problem Statement
The new FIFA working with intermediary regulations has been in place since April 2015, an
as seen by the literature it has had an effect on the way Intermediaries activities are being
undergone ever since the change. The conflict of interest between FIFA and the different
football associations has allowed the rules to be open for interpretations. The effects of these
changes are evident in higher tier off football. However, until now the implications of this
new regulations has not been studied with a view on the focus of lower league players and
their agents. In doing my research, there’s a lack of focus on the viewpoints of agents of
conference footballers. The question below is seeking to find the answer and gain a better
understanding on the implications of the new FIFA working with Intermediary on conference
footballers.
Research Question
What are the Implications of the New Intermediary FIFA regulations perceived by agents of
conference footballers?
Research Setting
The National League better known has the Vanarama National Legaue due to its sponsor
from Vanarama, and it’s where conference players are based. They are the 5th tier of the
English football league and the national football league is broken down into 3 tiers, National
league, and National league north and National league south. The Vanarama National
League alone consists of 583 players registered through its 24 teams.
My focus will be on conference footballers playing in the Vanarama National League as
figured showed an increase of fees paid to intermediary’s from which 1st October 2015 - 1st
February 2016 was only £5,550 (TheFA, 2016) to figures from 2 February 2016 – 31st
January 2017 being £271,065 (TheFA, 2017).

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This clearly shows there’s an increasing attention on conference footballers by
intermediary’s, with an increase of the transfer market going up the top teams in higher
leagues are trying to find conference footballers as they come at a lower price. This opens
doors for intermediary’s activities as these conference footballers will need intermediary to
conduct the best transfer for them. Alongside the New Intermediary FIFA regulations this
could result conference footballers being taken advantage of for the pursuit of professional
football as research done by The British Sociological Association said “football agents are
jeopardising players careers by going behind their backs” (Trueman, 2017).
Social Significance
By answering the question above it will shine a light on the implication these new regulations
has had on conference footballers and agents representing them. It will also inform FIFA on
it use of its new regulations and give them an insight on how it’s perceived in the lower
leagues.
Practical Importance
With the great interest in Vanarama national league through its sponsors and now football
coverage from BT Sports it will give them an insight on new FIFA working with
intermediary regulations has had on the league players and agents. Also raise awareness to
the FA on the implications this new FIFA working with Intermediary regulations has had on
the Vanarama football league and what they can do about it.
Theoretical Importance
This will fill the gap in literature in where most of the implications of new FIFA working
with Intermediary regulations only focus on premiership players or players playing in the top
leagues. The implications conference footballers are facing are not being looked into, by
doing this it could open more doors for research to be carried out.

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Timeliness
This is a very importance research as with the new FIFA working with Intermediary
regulations has open doors for anyone to be involve in football activities, we have seen now
with president taking part in agent activities. With the $263 million world record signing of
Neymar by PSG involving their president Nasser AL-Khelaffi part taking in the deal with his
Qatar state funds (CNN, 2017). As well as an increase in players trying to get out of deals
with their agents and the rise of super agents like Jorge Mendes and Mino Raiola, what is for
sure is that agents are here to stay.
“There are other similar models by other agents working with a group of clubs and
managers at lower level which again is bred by trust and ability rather than open a free
market network to the ever increasing intermediaries after the de-regulation of FIFA
agent regulations in 2015.” (ASghar,2016)

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Literature Review
The literature review takes into account the understanding of the variety of literatures
on the given topic. The different journals and articles taking into account the aspects related
to the topic such that a better understanding of the topic of research is achieved. The different
scenarios presented in the research show that the new regulations implemented in the FIFA
are the result of the different discrepancies that could be encased upon in the laws and the
norms of FIFA.
Governance
The governance of the Football has been under FIFA since its initiation in 1904 and
since it has a monopolistic control over the aspects relating to the governance of football.
According to Pielke (2013), the lack of transparency and accountability in the operations of
FIFA has greatly been said to be the cause behind the different allegations of corruption that
have been taking place in the organization. One of the major factors affecting the
performance of the FIFA in the understanding of the sports in the overall situation affecting
the control of FIFA in the different aspects of the player team relations in the situational
analysis of the game. The different situations that affect the overall governance of the game is
in the purview of the organization. The corruption in the game should be therefore under the
jurisdiction of the organization and it should be held responsible and take the needed action
for the mitigation of the issues that present themselves in the different scenarios. The code of
ethics of the organization covers the different values of the aspects related to the game such
as bribery, discrimination and opportunities among others. The organization is not
responsible for the overall regulations of the intricacies of the gameplay but has the major
role to play in the management of the game of Football. Being a 209 member organization it
should be held accountable for its different actions such that the rules are followed. Football

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being an internationally acclaimed game and having a global fan following is affected by the
large amount of money that is pumped in its operations globally. Since FIFA does not have to
answer to any authority and is managed globally by a number of executive the corruption
seeps in the system. One of the major issues that presents itself to the shift of the governance
of FIFA under the laws of the Swiss government would again curb its operations as such an
organization should not be answerable to a singular authority for its operations.
Agents
According to Poli and Rossi (2012), the system of agents was licensed in 1991 despite
the practice of the agents being prevalent for a long time in the sport of football. The
introduction of the rule led to the increase in the number of different agents in the game but
most of the agents remained confined to the major European countries holding the 5 big
leagues of football. It was seen in the research that 41% of the agents limited their area of
operation to these big 5 countries and their leagues. The different leagues and their progress
are under the control of the majority of the player pool around the world. This also shows the
presence of a stiff competition in the different leagues for the different players to get their
chance in the teams leading to the need of the alternative measures taken by the different
players so that they perform in the different teams. The intermediaries too are not evenly
distributed in the game as it is seen that one fifth of the agents control the rights of managing
half of the active players. This creates a power divide problem and the different
intermediaries face a strong issue in the management of the players. The different issues
faced in the management of the players is the fact the majority of the players are playing in
the smaller leagues. Another major issue leading to corruption is the fact that a number of
different players in the game are still managed through unlicensed agents which makes it
tough for the governing bodies to keep a tab on them or their modes of operation.

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Old Regulation
According to Papaloukas (2007), the FIFA is a commercial organization registered
under the rule of Swiss government and controlling the management operation of the football
playing entities of the different places around the world. This presents a major problems in
the management bringing in the economic factors of the operations of the sport. The different
processes relating to getting the license of operating as an agent in football is questioned by
Mr. Piau. The different processes involved in licensing the agents have to go through the
checks to be able to get their license of operations. It is seen that the different aspects relating
to the licensing goes against the freedom of opportunity to be able to perform in a sport.
This is a major issue to the licensing authorities to manage the economic rights of
intervention between the agents and FIFA. The major problem presented in the case is that by
making the rules for the licensing the agents and managing their operations FIFA are abusing
their position of power. Another major problem in the licensing process is that the power shift
that happens because of it as the different agents are in the position of abusing their power for
the personal benefit and growth. The relatively independent position of FIFA as a governing
body excludes it from being under the influence of the local laws and norms causing it to be
in a position of power. The licensing of the agents by FIFA thereby makes the different
scenarios presented to the court liable for discussion but cannot undermine the position of the
different agents who still in their prime hold the position of commanding the communication
between the players and the different teams. The final decision of the court pointed out
though FIFA held a dominant position as a decision making body, it did not infringe any
governmental law or rights.
Other Factors
According to Yilmaz, (2015), the thought of the single market direction of game
depends on negative joining through the use of the EU law, especially inward market and