Non-European citizen (outside EU / EEA), how to legally have a sports agent activity in France?

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If you are a sports agent / intermediary from a country which is not not a member of the European Union (EU) or a State party to the European Economic Area (EEA) Agreement, how can you be authorized to be a sports agent in France?
Here is a brief non-exhaustive summary of the conditions set by the Law. [Part 2]

part 1 : The activity of sports agent in France when you are a citizen of a country member of the European Union (or a State party to the European Economic Area - EEA Agreement).

part 2 : The " Presentation convention"and the activity ofsports agent in France when you are a citizen of a country outside the European Union.

In France, the activity of sports agent is defined by the law

In France, the activity of sports agent is regulated by articles L.222-5 et seq. of the French Sports Code.

French legislative provisions relating to sports agents are imperative. They therefore apply to all sports agent activity, within the meaning of the Sports Code, located on French territory.

Article L. 222-7 of the French Sports code defines the activity of sports agent as putting a player or a trainer in contact with a club, in exchange of a fee / commission, in order to conclude an employment or transfer contract..

The requirement for a sports agent license in France

Article L.222-7 of the Sports Code

The activity of bringing together, against remuneration, the parties interested in the conclusion of a contract either relating to the paid exercise of a sporting or training activity, or which provides for the conclusion of an employment contract whose purpose is the paid exercise of a sports or training activity can only be exercised by a natural person holding a sports agent license.

The license is issued, suspended and withdrawn, depending on the discipline concerned, by the competent delegate federation. This annually checks the activity of sports agents.

Each competent delegated federation publishes the list of sports agents authorized to practice in its discipline as well as the sanctions imposed in application of Article L. 222-19 against agents, licensees and associations and affiliated companies.

Article L.222-7 of the French Sports Code requires a sports agent's license to operate as a sports agent in France.

The license is issued by the delegated federation of the sport discipline concerned (the delegation, of public service mission, is granted by the State to a single federation per sport discipline. For example, for football, the delegation is only granted to the French Football Federation - FFF).

The license must be obtained by a individual, who must pass a sports agent exam organized by the sports federation of the discipline concerned.

Article L. 222-7 of the French Sport Code

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Non-European sports agents (article L. 222-16 of the French Sports Code)

How to work in France if you are a sports agent or intermediary national of a country which is to member of the European Union or to the Agreement on the European Economic Area - (Non EU / EEA)?

This situation is provided for and legislated by article L.222-16 of the French Sports Code.

If you do not have a French sports agent license (by passing the sports federation exam), you must conclude a "Presentation convention" (Article L.222-16 of the Sports Code).

This agreement meets the same delivery requirements and objectives as that applicable to EU / EEA sports agents.

Article L.222-16 of the Sports Code

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A national of a State which is not a member of the European Union or a party to the Agreement on the European Economic Area and who does not hold a sports agent's license referred to in Article L 222-7 must enter into an agreement with a sports agent for the purpose of presenting an interested party to the conclusion of a contract referred to in the same article L. 222-7.

La presentation convention mentioned in the first paragraph of this article must be sent to the competent delegate federation.

A sports agent established in one of the states or territories considered as non-cooperative within the meaning of article 238-0 A of the general tax code may not exercise the activity of sports agent on the national territory.

Any presentation agreement entered into with such an agent is void.

Good to know

Any agreement concluded between a French agent and a sports agent of one of the states or territories considered as non-cooperative within the meaning of article 238-0 A of the General Tax Code is null and void (Anguilla, British Virgin Islands, Panama, Seychelles, Vanuatu, Dominica, Fiji, Guam, US Virgin Islands, Palau, American Samoa, Trinidad and Tobago).

The Presentation Agreement with a French Licensed Sports Agent

For a one-off activity, the non-European sports agent / intermediary must enter into a contract with a sports agent authorized to practice his profession in France (i.e. holder of a sports agent license, valid, issued by a delegated French sports federation), a "Presentation convention".

The "Presentation convention"is a contractual agreement between the foreign agent and the French sports agent for the" co-presentation "of athletes interested in concluding an employment or transfer contract in France. This agreement must be transmitted to the competent French sports federation. It is limited to one agreement per sports season.

In order to complete the legal provisions of the French Sports Code concerning the regulation of sports agents, certain federations have specified in their own sports regulations relating to sports agents certain requirements concerning the "Presentation convention".

So, for example, the Regulation on sports agents of the French Football Federation (FFF) stipulates that the following must be attached to the presentation agreement:

The contract concluded between the agent with the player, coach or club in question;
A photocopy of the agent's qualification to exercise the activity of sports agent on the territory of the State of which he is a national.

In addition, the presentation agreement must contain specific information and be sent within one month of its signature to the Federation.

Extracts from the Sports Agents Regulations of the French Football Federation (FFF)

The Chapter XNUMX of FFF Sports Agents Regulations are devoted to non-European nationals

Chapter 5 - CASE OF NATIONALS OF A STATE NOT A MEMBER OF THE EUROPEAN UNION OR OF A STATE NOT PARTY TO THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA

The national of a State which is neither a member of the European Union, nor a party to the Agreement on the European Economic Area (hereinafter, the non-Community national), and who does not hold the license of FFF sports agent, must conclude, with a sports agent authorized to practice his profession in France, an agreement having for object the presentation of an interested party to the conclusion of an employment contract (player or coach) or to the conclusion of a contract which provides for the conclusion of an employment contract for the remunerated exercise of football or a training activity.

This presentation agreement must be sent to the sports agent delegate by the FFF licensed sports agent within one month of its conclusion, accompanied by:

the contract held by the non-Community agent (with a player, a coach or a club),
a photocopy of the document authorizing the non-Community national to exercise the activity of sports agent on the territory of the State of which he is a national.

The presentation agreement must contain, at a minimum, the following information:

the full name of the parties,
the name of the party interested in the conclusion of an employment contract (player or coach) or in the conclusion of a contract which provides for the conclusion of a player or coach employment contract,
its period of validity as well as its entry into force and expiry dates,
whether it is exclusive or not,
the amount of the sports agent's remuneration, which may not exceed 10% of the amount of the contract concluded by the parties he brings into contact,
the name of the party who pays the sports agent (player, coach or club),
the terms of payment of the sports agent,
the date of signature,
the signature of the parties.

The contracting parties are free to supplement the presentation agreement with any clause they deem useful, subject to complying with the legal and regulatory provisions in force.

The presentation agreement is drawn up in four copies, duly signed by the sports agent authorized to practice on French territory and the non-Community national.

The four copies are distributed as follows: the licensed FFF sports agent, the non-Community agent, the player / trainer / club, the FFF

In the event that the presentation agreement is drawn up in a language other than French, the copy sent to the FFF must be accompanied by the French version of said agreement.

A sports agent established in one of the states or territories considered as non-cooperative within the meaning of article 238-0 A of the General Tax Code may not exercise the activity of sports agent on French territory.

Any presentation agreement entered into with such an agent is void.

Consult the FFF Sports Agents Regulations on the Federation website

Non-European citizen (outside EU / EEA), how to legally have a sports agent activity in France?

In France, the activity of sports agent is defined by the law