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IFA must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above.68 68 [Comment to Arti cle 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, IFA’s failure to make the Public Disclosure will not result in a determination of non -compliance with Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 48 of 65 14.3.3 After an anti-doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, IFA may make public such determ ination or decision and may comment publicly on the matter. |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
IFA shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. |
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the IFA’s website and l eaving the information up for the longer of one (1) month or the duration of any period of Ineligibility . |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization , National Federation , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to, or based on information provided by, the Athlete , other Person or their entourage or other representatives. |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti -doping rule violation is a Minor , Protected Person or Recreational Athlete . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case. |
14.4 Statistical Reporting IFA shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
IFA 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 , IFA shall report to WADA through ADAMS Doping Control -related information, including, in particular: 2021 IFA Anti -Doping Rules ( October 2020) Page 49 of 65 (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 Manag ement 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 Passpo rt profiles are updated, IFA 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 , IFA 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 , IFA 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 fai lures; 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 Anti-Doping Organization , and any other Anti-Doping Organizations with Testing authority over the Athlete . |
14.6 Data Privacy 14.6.1 IFA may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropria te 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. |
14.6.2 Without limiting the foregoing, IFA 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 IFA and other Persons 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 IFA 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. |
2021 IFA Anti -Doping Rules ( October 2020) Page 50 of 65 ARTICLE 15 IMPLEM ENTATION 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, afte r the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon IFA and its National Federations , as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decision 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 appea l 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 Provisional 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 10.14.1) 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 IFA and its National Federations shall recognize and implement a decision and its effects as required by Articl e 15.1.1, without any further action required, on the earlier of the date IFA receives actual notice of the decision or the date the decision is placed into ADAMS . |
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 IFA and its National Federations without any further action required, on the earlier of the date IFA receives actual notice of the decision or the date the decision is placed into ADAMS . |
15.1.4 Notwithstanding any provisi on 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 IFA 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.69 69 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the Athlete or other Pers on 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 expedi ted appeal option.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 51 of 65 15.2 Implementation of Other Decisions by Anti-Doping Organizations IFA and its National Federations may decide to implement other anti-doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person .70 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 IFA and its National Federations , if IFA finds that the decision purports to be within the authority of that body and the anti -doping rules of that body are otherwise co nsistent with the Code .71 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. |
ARTICLE 17 EDUCATION IFA 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 18 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 IFA 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”). |
70 [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 decides 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 determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.] |
71 [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, IFA, other 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 violation 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 IFA and all other Signatories should reco gnize 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. |
IFA 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.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 52 of 65 18.2 Each National Federation shall incorporate these 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 e nforce them itself directly in respect of Athletes (including National -Level Athletes ) 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, Nation al Federations shall cooperate with and support IFA in that function . |
They shall also recognize, abide by and implement the decisions made pursuant to 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 documented authority of IFA and using their National Anti-Dopin g Organization or other Sample collection authority to collect Samples 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 assisting 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 accorda nce with Article 6.1; and (iv) ensuring that any national level anti-doping rule violation cases discovered by National Federations are adjudicated by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management . |
[NOTE : A practical implementation might be to include on the membership card/license of each National Federation that the holder of this card is bound by these Anti -Doping Rules and those of the relevant National Anti-Doping Organizati on with a signature acknowledging this acceptance.] |
18.5 All National Federations shall establish rules requiring all Athletes 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 authority of the Anti-Doping Organization in conformity with the Code as a condition of suc h participation. |
18.6 All National Federations shall report any information suggesting or relating to an anti - doping rule violation to IFA and to their National Anti -Doping Organizations and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation. |
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 providin g support to Athletes under the authority of IFA or the National Federation . |
18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations. |
2021 IFA Anti -Doping Rules ( October 2020) Page 53 of 65 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIE S OF IFA 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, IFA shall report to WADA on IFA’s compliance with the 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 IFA board members, directors, officers and those employees (and those of appointed Delegated Third Parties ), who are involved in any aspect of Doping Control , must si gn a form provided by IFA, agreeing to be bound by these Anti -Doping Rules as Persons in conformity 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 IFA employee who is involved in Doping Control (other than authorized anti -doping Education or rehabilitation programs) must sign a statement provided by IFA confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly o r 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 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be kno wledgeable of and comply with these Anti -Doping Rules. |
20.2 To be available for Sample collection at all times.72 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 treatment received does not violate these Anti -Doping Rules. |
20.5 To disclose to IFA and their National Anti -Doping Organization any decision by a non - Signat ory 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. |
Failure by any Athlete to cooperate in full with Anti-Doping Organizations investigating anti- doping rule violations may result in a charge of misbehaviour under IFA's Juridical Regulations. |
20.7 To disclose the identity of their Athlete Support Personnel upon request by IFA or a National Federation , or any oth er 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 , wh ich does not otherwise constitute Tampering , may result in a charge of misbehaviour under IFA's Juridical Regulations. |
72 [Comment to Article 20.2: 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 hours so that it will be undetectable in the morning.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 54 of 65 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 IFA and their National Anti-Doping Organization any decision by a non- Signatory finding that the y 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 Personnel to cooperate in full with Anti-Doping Organizat ions investigating anti-doping rule violations may result in charge of misbehaviour under IFA's Juridical Regulations. |
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justificatio n. Any such Use or Possession may result in charge of misbehaviour under IFA's Juridical Regulations. |
21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise co nstitute Tampering , may result in a charge of misbehaviour under IFA's Juridical Regulations. |
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 IFA 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 anti -doping rule violations may result in charge of misbehaviour under IFA's Juridical Regulatio ns. |
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 misbehaviour under IFA's Juridical Regulations. |
2021 IFA Anti -Doping Rules ( October 2020) Page 55 of 65 ARTICLE 23 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. |
However, 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 24 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 pursuant to the applicable prov isions 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 o f these Anti - Doping Rules and shall prevail in case of conflict. |
24.4 The Introduction and Appendix 1 shall be considered integral parts of these Anti -Doping Rules. |
24.5 The comments annotating various provisions of these Anti -Doping Rules shall be used to interpr et these Anti -Doping Rules. |
24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”). |
They repeal any previous version of IFA’s Anti -Doping Rules. |
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending be fore 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 Effectiv e Date. |
2021 IFA Anti -Doping Rules ( October 2020) Page 56 of 65 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 which occurred prior to the Effective Date, shall be gove rned 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 under Article 10.9.4 and the statute of limitations set fo rth in Article 16 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 statut e of limitations 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 shall 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 IFA 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 pursuant to Article 13.2. |