1.A.2. The Agent laid off of
the FIFA.
1.A.2.a. Definition
This category is governed by the payment of the FIFA of May
20, 1994 and concerns all the physical people who have as a principal
activity «the transfer of the players of an association towards
another ». Even if the definition of the agent laid off is not given
expressis verbis in this payment, it is released there however that it is about
an adviser who offers his services to the players in order to represent them or
to safeguard their interests in the negotiations in the center of which those
could be found with clubs or other players » (Article 1st of the
above mentioned Regulation).
If it is true that the sportsmen, amateurs and professionals
of football, claim themselves almost everywhere in the world, it does not
remain about it less than when one tries to reconcile the definition with the
profession, least logic would lean to see these agents in all the countries,
especially like nationals of all the countries of the whole world.
Unfortunately, it is realized that only the nationals of some States on the 200
which account the FIFA exert this trade. How to explain this state of
affairs ?
1.A.2.b. Exercise of the profession : condition of
access and obstacles
With our humble opinion, the exercise of this profession,
which constitutes a hinged plate of the international market of the players, is
butted with three types of obstacles that here : First milked with the
insufficiency of publicity whose the text organizing profits the body from the
agents of the players. The second obstacle, is, him, related to the conditions
of access. Indeed, the paragraph 1st of the Article first of the Regulation
lays down in clear terms the conditions of access, which appears, altogether,
expensive.
One can read there that « the adviser
(hereafter called agent of player) must be in possession of the license granted
by the FIFA (for all types of transfers) or by his national association (for
the local transfers only). That comprises for corollary that all
impétrant agent of player, not equipped with a license, approval of the
FIFA, is not authorized to operate any transfer (article 1st, point 2 of the
payment). It is not easy to change the established order, several years ago of
that. The monopoly of the FIFA and the
institutions «specialized» contributed much to the limitation of
access to this profession.
The third, the most vulnerable last and finally, is the
financial criterion, support or substrate of approval.
It would like that the candidate, agent of player, deposit in
a bank account open exclusively in Switzerland, an amount of money being
equivalent to 200.000 francs Swiss, guarantee or of guarantee. The text
specifies that this guarantee is irrevocable (article 9 of the payment).
Expensive, accessibility with the profession of agent of
player costs so expensive that to date, only two Africans, of Egyptian
nationality, namely, El SAWY Abdel Monem and MAHMOUD Galal, exert the trade,
for Africa sparkling with youth and talents as regards football.
It is included/understood why, the citizens of the less
affluent continents see their dream to become agents of player to break, to fly
away and disappear as a smoke which goes up in the air. This is why, also,
without guarantee, they agree to make the commissioned agent which we described
above. This sum of money is devoted to a harmful competition against the agent
laid off. Also, is essential it to reform this payment ; what would reduce
the presence of the agents commissioned by the large European clubs whose
activities are not far from resembling each other the draft.
These stages are however not obligatory. They rather indicate
the arsenal or the diversity of strategies which the clubs of football
installation in the process of internationalization of their commercial
activities, that we call here, football business. L results that with the
option of the technique of the recourse to the commissioned agent is juxtaposed
also almost upstream the recourse to the service of the agent laid off of the
FIFA. This one does not wait besides until a club requests it. It generally
proposes the purchase of a player. In certain cases, these strategies seem more
not to act as magic receipts for the majority of the clubs. One announces
others more and more, like the creation of the centers of formation of the
young players and the foreign direct investment, by the mechanism, either of
acquisition of a holding, or of fusions acquisitions, or still of joint
venture. It is what we try to see in the developments which follow.
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