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ILS Ant -Doping Rules 2021 Page 48 of 64 14.4 Statistical Reporting ILS shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA .
ILS may also publish reports showing the name of each Athlete tested and the date of each Testing .
14.5 Doping Control Information Database and Monitoring of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organizations , ILS shall report to WADA through ADAMS Doping Control -related information, includi ng, in particular : (a) Athlete Biological Passport data for International -Level Athletes and National -Level Athletes , (b) Whereabouts information for Athletes including those in Registered Testing Pools , (c) TUE decisions, and (d) Results Management decisions, as required under the applicable International Standard(s) .
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure that Athlete Biological Passport profiles are updated , ILS shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations.
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , ILS shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions .
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , ILS shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti -doping rule violations and related decisions for Adverse Analytical Findings ; (b) notifications and related decisions for other anti-doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts failures ; and (d) any decision imposing, lifting or reinstating a Provisional Suspension .
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete ’s National A nti-Doping Organization , and any other Anti-Doping Organizations with Testing authority over the Athlete .
14.6 Data Privacy 14.6.1 ILS may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information) , these Anti -Doping Rules , and in compliance with applicable law .
ILS Ant -Doping Rules 2021 Page 49 of 64 14.6.2 Without limiting the foregoing, ILS shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Personal Information, that their personal information may be processed by ILS and other Person s for the purpose of the implementation of these Anti -Doping Rules ; (c) Ensure that any third -party agents (including any Delegated Third Party ) with whom ILS shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon ILS and its National Federations , as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decisio n by any of the above -described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Athlete or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing , expedited hearing or expedited appeal offered in accordance with Article 7.4.3 ) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1 ) in all sports within the authority of any Signatory during the Provis ional Suspension .
15.1.1.2 A decision by any of the above -described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 1 0.14.1 ) in all sports within the authority of any Signatory for the period of Ineligibility .
15.1.1.3 A decision by any of the above -described bodies accepting an anti -doping rule violation automatically binds all Signatories .
15.1.1.4 A decision by any of the above -described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period.
15.1.2 ILS and its National Federations shall recognize and implement a decision and its effects as required by Article 15.1.1 , without any further action required, on the earlier of the date ILS receives actual notice of the decision or the date the decision is pla ced into ADAMS .
ILS Ant -Doping Rules 2021 Page 50 of 64 15.1.3 A decision by an Anti-Doping Organization , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon ILS and its National Federations without any further action required, on the earlier of the date ILS receives actual notice of the decision or the date the decision is placed into ADAMS .
15.1.4 Notwithstanding any provision in Article 15.1.1 , however, a decision of an anti -doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on ILS or its National Federations unless the rules of the Major Event Organization provide the Athlete or other Person with an opportunity to an appeal under non -expedited procedures .70 15.2 Implementation of Other Decisions by Anti-Doping Organizations ILS and its National Federations may decide to implement other anti -doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 , such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person .71 15.3 Implementation of Decisions by Body that is not a Signatory An anti -doping decision by a body that is not a Signatory to the Code shall be implemented by ILS and its National Federations , if ILS finds that the decision purports to be within the authority of that body and the anti -doping rules of that body are otherwise consistent with the Code .72 ARTICLE 16 STATUTE OF LIMITATIONS No anti -doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti -doping rule violation as provided in Article 7 , or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.
70 Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the Athlete or other Perso n the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organization is binding on other Signatories regardless of whether the Athlete or other Person chooses the expedited appeal option.
71 Comment to Articles 15.1 and 15.2: Anti-Doping Organization decisions under Article 15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part.
For example, when a National Anti- Doping Organization d ecides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level.
To be clear, the “decision” is the one made by the National Anti -Doping Organization, there is not a separate decision to be made by the International Federation.
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti -Doping Organization.
Implementation of Anti -Doping Organizations’ decisions under Article 15.
2 is subject to each Signatory’s discretion.
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision.
The extent of recognition of TU E decisions of other Anti -Doping Organizations shall be deter mined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.
72 Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, ILS, o ther Signatories and National Federations should attempt to apply the decision in harmony with the principles of the Code.
For example, if in a process consistent with the Code a non -Signatory has found an Athlete to have committed an anti -doping rule viol ation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then ILS and all other Signatori es should recognize the finding of an anti -doping rule violation and the Athlete’s National Anti -Doping Organization should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed.
ILS or other Signatory’ s implementation of a decision, or their decision not to implement a decision under Article 15.3 , is appealable under Article 13.
ILS Ant -Doping Rules 2021 Page 51 of 64 ARTICLE 1 7 EDUCATION ILS shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education .
ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federations and their members shall comply with the Code, International Standards , and these Anti -Doping Rules.
All National Federations and other members shall include in their policies, rules and programs the provisions necessary to ensure that ILS may enforce these Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their anti -doping authority as specified in the Introduction to these Anti -Doping Rules ( Section “Scope of these Anti -Doping Rules”) .
18.2 Each National Federation shall incorporate t hese Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation may enforce them itself directly in respect of Athletes (including National -Level Athlete s) and other Persons under its anti -doping authority .
18.3 By adopting these Anti -Doping Rules and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support ILS in that function .
They shall also recognize, abide by and implement the decisions made under these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority.
18.4 All National Federations shall take appropriate action to enforce compliance with the Code , International Standards , and these Anti-Doping Rules by inter alia : (i) conducting Testing only under the document ed authority of ILS and us ing their National Anti-Doping Organization or other Sample collection authority to collect Sampl es in compliance with the International Standard for Testing and Investigations ; (ii) recognizing the authority of the National Anti -Doping Organization in their country in accordance with Article 5.2.1 of the Code and assist ing as appropriate with the National Anti-Doping Organization’s implementation of the national Testing program for their sport; (iii) analyzing all Samples collected using a WADA -accredited or WADA -approved laboratory in accordance with Article 6.1 ; and (iv) ensuring that any national level anti-doping rule violation cases discovered by National Federations are adjudicate d by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management .
18.5 All National Federations shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or organized by a National Federation or one of its member organizations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by these Anti -Doping Rules and to submit to the Results Management autho rity of the Anti-Doping Organization in conformity with the Code as a condition of such participation.
ILS Ant -Doping Rules 2021 Page 52 of 64 18.6 All National Federations shall report any information suggesting or relating to an anti -doping rule violation to ILS and to their National Anti-Doping Organizations and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investiga tion.
18.7 All National Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of ILS or the National Federation .
18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations.
ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF ILS 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, ILS shall report to WADA on ILS’ compliance with t he Code and the International Standards in accordance with Article 24.1.2 of the Code .
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code , all ILS board members, directors, officers and those employees (and those of appointed Delegated Third Parties ), who are involved in any aspect of Doping Control , must sign a form provided by ILS, agreeing to be bound by these Anti -Doping Rules as Persons in conf ormity with the Code for direct and intentional misconduct.
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code , any ILS employee who is involved in Doping Control (other than authorized anti -doping Education or rehabilitat ion programs) must sign a statement provided by ILS confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti -doping rules if Code -compliant rules had been applicable to them.
ARTICLE 2 0 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules.
20.2 To be available for Sample collection at all times.73 20.3 To take responsibility, in the context of anti -doping, for what they ingest and Use.
20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical tr eatment received does not violate these Anti -Doping Rules.
20.5 To disclose to ILS and their National Anti -Doping Organization any decision by a non -Signatory finding that the Athlete committed an anti -doping rule violation within the previous ten (10) years.
20.6 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
73 Comment to Article 2 0.2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning.
For example, it is known that some Athletes Use low doses of EPO during these hou rs so that it will be undetectable in the morning.
ILS Ant -Doping Rules 2021 Page 53 of 64 Failure by any Athlete to cooperate in full with Anti-Doping Organizations investiga ting an ti-doping rule violations may result in a charge of misconduct under ILS’ disciplinary rules 20.7 To disclose the identity of their Athlete Support Personnel upon request by ILS or a National Federation , or any other Anti-Doping Organization with authority over the Athlete .
20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct] under ILS’ [disciplinary rules .
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules.
21.2 To cooperate with the Athlete Testing program.
21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes.
21.4 To disclose to ILS and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
21.5 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any Athlete Support Pers onnel to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct] under ILS’ disciplinary rules.
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
Any such Use or Possession may result in a charge of misconduct under ILS’ disciplinary rules.
21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwis e constitute Tampering , may result in a charge of misconduct under ILS’ disciplinary rules .
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti -Doping Rules.
22.2 To disclose to ILS and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
22.3 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organizations investigating an ti-doping rule violations may result in a charge of misconduct under ILS’ disciplinary rules .
ILS Ant -Doping Rules 2021 Page 54 of 64 22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person , which does not otherwise constitute Tampering , may result in a charge of misconduct under ILS’ disciplinary rules.
ARTICLE 2 3 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code .
23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise specified.
23.6 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.
Howe ver, pre -Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post -Code violations.
23.7 The Purpose, Scope and Organization of the World Anti -Doping Program and the Code and Appendix 1 , Definitions , shall be considered integral parts of the Code .
ARTICLE 2 4 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti -Doping Rules , it shall mean calendar days unless otherwise specified.
24.2 These Anti -Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
24.3 These Anti -Doping Rules have been adopted under the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards .
The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be considered integral part s of these Anti -Doping Rules.
24.5 The comments annotating various provisions of these Anti -Doping Rules shall be used to interpret these Anti -Doping Rules.
ILS Ant -Doping Rules 2021 Page 55 of 64 24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”) .
They repeal any previous version of ILS’ Anti-Doping Rules .
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date .
However: 24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.
24.7.2 Any anti -doping rule violation case which is pending as of the Effective Date and any anti -doping rule violation case brought after the Effective Date based on an anti-doping rule violation wh ich occurred prior to the Effective Date , shall be governed by the substantive anti -doping rules in effect at the time the alleged anti-doping rule violation occurred, and not by the substantive anti-doping rules set out in these Anti -Doping Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.
For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations und er Article 10.9.4 and the statute of limitations set forth in Article 1 6 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in these Anti -Doping Rules (provided, however, that Article 16 shall only be applied retroactively if the statute of limitation s period has not already expired by the Effective Date).
24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it sh all be deemed to have expired twelve ( 12) months after it occurred .
24.7.4 With respect to cases where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to ILS or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules.
Such application must be made before the period of Ineligibility has expired.
The decision rendered may be appealed under Article 13.2.
These Anti -Doping Rules shall have no application to a ny case where a final decision finding an anti -doping rule violation has been rendered and the period of Ineligibility has expired.
24.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1 , where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti -Doping Rules been applicable, shall be appli ed.74 74 Comment to Article 24.
7.5: Other than the situation described in Article 24.
7.5, where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served, these Anti-Doping Rules may not be used to re -characterize the prior violation.
ILS Ant -Doping Rules 2021 Page 56 of 64 24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively.
As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to ILS or other Anti-Doping Organization which had Results Management respons ibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List.
ILS Ant -Doping Rules 2021 Page 57 of 64 APPENDIX 1 DEFINITIONS75 ADAMS : The Anti -Doping Administration and Management System is a Web -based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legisl ation.
Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method .
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions invo lving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.