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RECOMMENDATIONS

PrOFS recommendations for optimization of legislation and regulations:

Match fixing

    • Criminal law framework
      Match fixing is banned in Belgium regarded as a criminal offence. The criminal law response to cases of match fixing is ideally the same across sports, i.e. the criminal law response does not differ depending on the type of sport – e.g. individual sport vs. team sport. Furthermore, the criminal justice response must take into account the characteristics of match fixing in order to avoid potential loopholes. Although several jurisdictions have adopted specific match-fixing provisions over the years, match-fixing can also be combated through existing, non-specific criminal legislation. 

    • Disciplinary framework 
      Disciplinary frameworks of sports federations must be clear and go hand in hand with consistent enforcement so that athletes and other sports actors can reasonably assess the consequences of their actions.

  • Restricting access to the market for (potential) investors-owners of sports clubs by imposing professional and qualitative standards

    ​

    • Imposing professional and qualitative standards for (potential) investor-owners – for example by means of ‘fit and proper person tests’ – includes  an overall assessment of character, integrity, financial position, professional skills, … of an individual. The evaluation may include objective and subjective aspects such as legal issues (e.g. involvement in financial irregularities, etc.), criminal records and general and professional suitability to be involved in the management and/or management of a sports club. 

    • This assessment can be done by the sports federation, and ideally by an independent body with specialists who have knowledge of ownership structures. If it is judged that the (potential) investor does not meet the access conditions, access to the market must be refused.

    • To guarantee the continued quality of investor-owners, sports federations must be aware of the ownership structures of the sports clubs and regularly request and review this information. Of course, changes regarding ‘fit and cleanliness’ must also be dealt with properly. from existing investor-owners.

  • Sports federations must reduce multi-club ownership, at least where sports clubs with the same (part) owner can compete against each other in the same competition, to ensure the integrity of the competition. This requires that sports federations are aware of the ownership structures of the sports clubs and that they regularly request and check this information. It is also important that not only majority shareholders, for example, but also individual entities that have a minority interest in or control over the club are taken into account. The stricter one is in the application of multi-club ownership restrictions, the lower the risk of match fixing becomes.

    • Different types of bets are susceptible to fraud. For example, so-called proposition bets (spot bets), which bet on aspects of an event not related to the outcome (e.g. number of yellow cards, score at half-time, number of corners, etc.), give rise to spot fixing. To reduce the risk of match fixing, the range offered by gambling operators on the legal market can be limited.

    • Identifying gamblers is crucial in the fight against match fixing. When gamblers are identified, they can also subsequently be held responsible for their match-fixing actions. If not, they may avoid punishment. Ideally, one always identifies and links the individual to the bet placed, regardless of who the bet is placed with and regardless of the amount.

    • To reduce the risks of match fixing, (professional) athletes can be excluded from participating in (sports) betting via EPIS. This also brings the legislation more in line with the prohibitions as provided for in disciplinary regulations and art. 4 § 3 Gambling Act.

    • Sports federations monitor the extent to which athletes are paid on time and in full by their employer (club) based on evidence and adequate controls. 

    • Sports federations may provide for measures limiting the expenditure of sports clubs according to their financial capabilities with a view to minimizing financial problems and preventing athletes' default. 

    • Where non-payment of athletes is identified, sports federations provide measures/sanctions that, on the one hand, ensure the integrity of the competition and, on the other hand, induce the employer to prioritize employee payment over other expenses. For example, it can be planned to postpone planned competitions with affected athletes, impose temporary transfer bans, …

Transfers and human trafficking
Transfers and money laundering

  • Provide (external) financial transparency to the government/sports federation for all types of financial transactions in the context of football transfers, this includes:

    • Details regarding transfer payments between clubs

    • Details regarding payments to sports agents: 
      This includes payments in the context of (private) employment placement services (‘agent services’), as well as payments in the context of other services
       

    Provide (internal) financial transparency between contracting parties. This protects the weaker party from abuse and prevents disputes later.
     

    Sports actors ideally screen all potential partners (clubs, sports agents, etc.) before doing business with them. Careful screening can prevent dubious figures from bringing money of illegal origin into the sport.

  • Restrict access to the market for (potential) sports agents by imposing  of professional and qualitative standards

    • Imposing professional and qualitative standards for (potential) sports agents – for example by means of “fit and proper person tests” – includes  an overall assessment of character, integrity, financial position, professional skills, … of an individual. The evaluation may include various aspects such as legal issues (e.g. involvement in financial irregularities, etc.), criminal records and general and professional suitability to be involved in the management and/or management of a sports club. 

    • This assessment can be made by the government as well as by the sports federation, and should in any case be as uniform as possible across borders. If it is judged that the (potential) sports agent does not meet the entry conditions, access to the market must be refused.

    • such as legal issues (e.g. having been involved in financial irregularities etc.), criminal records and general and professional suitability to be involved in the management and/or management of a sports club. 

    • This assessment can be done by the sports federation, and ideally by an independent body with specialists who have knowledge of ownership structures. If it is judged that the (potential) investor does not meet the access conditions, access to the market must be refused.

    • To ensure the continued quality of investor-owners, sports federations must be aware of the ownership structures of the sports clubs and request and review this information at regular intervals. Of course, changes regarding ‘fit and cleanliness’ must also be dealt with properly. of existing investor-owners. Restricting access to the market for (potential) investor-owners of sports clubs by imposing  of professional and qualitative standards

    • Imposing professional and qualitative standards for (potential) investor-owners – for example by means of ‘fit and proper person tests’ – includes  an overall assessment of character, integrity, financial position, professional skills, … of an individual. The evaluation can include objective and subjective aspects

  • Sports federations must, before, during and after the international movement of an athlete in the context of a transfer, gather information and put in place procedures that protect athletes from situations of abuse:
     

    Preliminary inspection/checks

    • Request information and evidence about: identity of athlete, identity of responsible supervisor, club(s) involved, travel information, content of (employment) contract, accommodation and reception

    • Provided with protective measures: contact person at sports federation, prior contact with athlete

    • Reporting 
       

    Controls/checks during stay within jurisdiction

    • Contact with athlete in person to check the situation (compliance with agreements, treatment by club, accommodation and care, …)

    • Reporting 
       

    Inspection/checks after the end of the stay period

    • Check on safe return to home country or onward travel through contact with athlete, club, responsible supervisor and competent sports federation in other jurisdiction

  • Restrict access to the market for (potential) sports agents by imposing  of professional and qualitative standards

    ​

    • Imposing professional and qualitative standards for (potential) sports agents – for example by means of “fit and proper person tests” – includes  an overall assessment of character, integrity, financial position, professional skills, … of an individual. The evaluation may include various aspects such as legal issues (e.g. involvement in financial irregularities, etc.), criminal records and general and professional suitability to be involved in the management and/or management of a sports club. 

    • This assessment can be made by the government as well as by the sports federation, and should in any case be as uniform as possible across borders. If it is judged that the (potential) sports agent does not meet the entry conditions, access to the market must be refused.
       

    Submitting sports agents to operating rules

    Transparency to client about:

    • Income/expenses for which reimbursement is requested

    • Offers that concern the client

    • …

    Transparency to sports federation/government about:

    • Revenue and related services (representation agreements)

    • Clienteel 

    • …

    • Sports federations impose qualitative criteria on private academies, in particular with regard to (sports) infrastructure and the sports training of (minor) athletes.

    • Provide protection measures for (minor) athletes who join a private academy. Ideally, the same conditions are provided – e.g. for academic or professional training, quality coaches – as are provided for academies affiliated to sports clubs that fall under the jurisdiction of the sports federation.

    • Where a private academy does not allow supervision by a sports federation, the sports federation may impose on clubs and other sports actors under its jurisdiction (e.g. sports agents) not to do business in or with the private academy.

  • Sports federations must gather information and put in place procedures that protect athletes from situations of abuse before, during and after the end of an athlete's international movement in the context of a trial period:

    ​

    Preliminary inspection/checks

    • Request information and evidence about: identity of athlete, identity of responsible supervisor, club(s) involved, travel information, content of (trial period) agreement, accommodation and reception

    • Provided with protective measures: contact person at sports federation, prior contact with athlete

    • Reporting 
       

    Controls/checks during stay within jurisdiction

    • Contact with athlete in person to check the situation (compliance with agreements, treatment by club, accommodation and care, …)

    • Reporting 
       

    Inspection/checks after the end of the stay period

    • Check on safe return to home country or onward travel through contact with athlete, club, responsible supervisor and competent sports federation in other jurisdiction

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