Players Agents and the Fédération Internationale de Basketball

Transcription

1 Players Agents and the Fédération Internationale de Basketball Zoran Radovic FIBA Sports Development Director EU Conference on Sports Agents Brussels, 9-10 November 2011

2 2. Introduction and History From 2003 to 2005, FIBA Initiated a consultation process with the most prominent players agents Agents asked for regulations governing their activities Agents asked for protection from FIBA and the introduction of a licensing system 2006: FIBA Congress ratifies Players Agents Regulations 2007: Entry into force of the Regulations

3 3. A Global Approach Ongoing discussion/consultation meetings on the Players Agents System between FIBA and the NBA, the NBA Players Association, UEP, Euroleague, ULEB, several European, Asian, South & Central American and Australian Leagues, National Federations of France, Russia, Italy, Turkey, Australia, Greece, USA, Lithuania, Poland, Serbia, Croatia, Brazil, Puerto Rico, Argentina, Spain. FIBA Regulations encourage National Federations to put in place national regulations governing the activity of players agents. FIBA approved national regulations in the following countries: Australia, Croatia, Greece, Italy and Russia. To come: China, France, Israel. Since 2009, all international transfers of players are dealt with by FIBA World in Geneva through a centralized transfer system which integrates players agents.

4 4. Licensing Players Agents who wish to represent players in international transfers must hold a FIBA Players Agent license delivered directly by FIBA All candidates wishing to be certified by FIBA must successfully pass a written exam Tests are organized 2x a year in Geneva, 1x a year in the Americas, 1x a year in Oceania. There have been 20 test dates/34 test sessions to date Approx. 400 players agents are currently licensed by FIBA, including 26 women and 152 active NBPA/WNBPA agents or certified lawyers (bar members)

5 5. What FIBA offers to FIBA-Licensed Agents Players Agents Information Pack License card valid for one year / Right to use FIBA logo on their website, business cards, etc. Individual Profile page on and specific Agents Corner on the FIBA website FIBA Agents receive the FIBA Daily Newsletter via Transfer and Legal Departments available for personalized assistance on transfer and contractual matters Full time person in charge of Players Agents Athletes Handbook, Financial Handbook, Anti-Doping presentation

6 6. Objectives of the Licensing System Create an International Transfer Market in which all actors play by the rules A professional ethic standard (no conflict of interests, no approach of players already under contract, regulated U-18 transfers, etc.) Transparency (all agents need to provide a list of players they represent, agent details must be disclosed for each international transfer) Assistance in illegal transfers or any other illegal activities are subject to disciplinary sanctions on the agent Pacta sunt servanda (i.e. Contracts must be honored)

7 7. A New Dispute Resolution Body The Basketball Arbitral Tribunal (BAT) is competent to resolve contractual disputes between clubs, players and agents. Agents now have a mechanism to ensure that players contracts and representation contracts are honored. They simply need to add a BAT arbitration clause in the contracts (voluntary system). Since 2007, approx. 220 cases have been brought before BAT. Agents are involved in these proceedings either as parties (claimants/respondents) or as players representatives Possibility for FIBA Agents to request FIBA s intervention to ensure that BAT awards are honored by the parties.

8 8. Challenges National legislations as potential allays (audits, labor inspections, financial flows, transparency, registration) or obstacles (protection of domestic agents through specific legislation, administrative burdens such as residence permit, ability to speak local language, requirement to pass an exam, license fee, insurance policies, taxes, etc.) Conflict of interests ( who is the client ) and increasing risk of dual representation (agents representing player and club, agent representing the whole team + coach, contracts in favor of one party over the other) Presence of unlicensed agents representing players without respecting FIBA regulations, stealing players from other agents, contracts which protect the clubs but not clients/players, etc.

9 9. Conclusion FIBA to keep dedicating time and resources in overseeing players agents activities and certifying players agents FIBA-licensed Agents family to achieve transparency, a healthy environment and a strong agents network benefiting the players, agents themselves, the clubs, national member federations and FIBA Key support from National federations (still reluctant to deal with this issue), clubs (not always willing to be part of the system), Sports Institutions (ex. IOC Athletes Commission highlighting the need for certified agents) and Governmental institutions (European Union and/or Member states to regulate?)

10 Contact : Francine Vollenweider FIBA Players Agent Manager Vollenweider@fiba.com Benjamin Cohen FIBA Legal Affairs Manager cohen@fiba.com Zoran Radovic FIBA Sports Development Director radovic@fiba.com