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6.10 The TUEC’s decision must be communicated in writing to the Athlete and must be made available to WADA and to other Anti-Doping Organizations via ADAMS, in accordance with Article 5.5. |
6.11 Each TUE will have a specified duration, as decided by the TUEC, at the end of which the TUE will expire automatically. |
If the Athlete needs to continue to Use the Prohibited Substance or Prohibited Method after the expiry date, they must submit an application for a new TUE well in advance of that expiry date, so that there is sufficient time for a decision to be made on the application before the expiry date. |
[Comment to Article 6.11: Where applicable, the duration of validity should be guided by the WADA documents titled “TUE Physician Guidelines”.] |
6.12 A TUE will be withdrawn prior to expiry if the Athlete does not promptly comply with any requirements or conditions imposed by the Anti -Doping Organization granting the TUE . |
Alternatively a TUE may be reversed upon review by WADA or on appeal. |
6.13 Where an Adverse Analytical Finding is issued shortly after a TUE for the Prohibited ISTUE – January 20 23 Page 17 of 23 Substance in question has expired or has been withdrawn or reversed, the Anti-Doping Organization conducting the initial review of the Adverse Analytical Finding, in accordance with Article ... |
If so, such Use (and any resulting presence of the Prohibited Substance in the Athlete’s Sample) is not an anti -doping rule violation. |
6.14 In the event that, after their TUE is grant ed, the Athlete requires a materially different dosage, frequency, route or duration of Administration of the Prohibited Substance or Prohibited Method to that specified in the TUE , they must contact the relevant Anti -Doping Organization , who will then determine ... |
If the presence, Use, Possession or Administration of the Prohibited Substance or Prohibited Method is not consistent with the terms of the TUE granted, the fact that the Athlete has the TUE will not prevent the finding of an anti -doping rule violation. |
[Comment to Article 6.14: It is recognized that for certain medical conditions, dosages may fluctuate, particularly during the early stages of the establishment of a treatment regim e or for a condition such as insulin- dependent diabetes. |
Such potential fluctuations should be accounted for in the TUE. |
However, in the event of a change that is not accounted for in the TUE, the Athlete must contact the relevant Anti-Doping Organization to determine whether a new TUE is required.] |
7.0 TUE Recognition Process 7.1 Code Article 4.4 requires Anti -Doping Organizations to recognize TUEs granted by other Anti-Doping Organizations that satisfy the Article 4.2 conditions. |
Therefore, if an Athlete who becomes subject to the TUE requirements of an International Federation or Major Event Organization already has a TUE , they should not submit an application for a new TUE to the International Federation or Major Event Organization. |
Instead: a) The International Federation or Major Event Organization may publish notice that it will automatically recognize TUE decisions made pursuant to Code Article 4.4 (or certain categories of such decisions, e.g., those made by specified Anti -Doping Organizations , or those relating to particular Prohibited S... |
If the Athlete’s TUE falls into a category of TUEs that are automatically recognized in this way at the time the TUE is granted, they do not need to take any further action. |
The TUE may not be subject to further review by the Anti -Doping Organization once automatically recognized. |
[Comment to Article 7.1(a): Automatic recognition of TUE decisions can ease the burden on Athletes . |
Nevertheless , International Federations and Major Event Organizations should carefully select the Anti -Doping Organizations and/or substances for which they will automatically recognize. |
If an International Federation or Major Event Organiz ation is willing to grant automatic recognition of TUE decisions, it should publish on its website and keep updated a list of Anti -Doping Organizations whose TUE decisions it will recognize automatically, and/or a list of those Prohibited Substances for... |
b) In the absence of such automatic recognition, the Athlete shall submit a request for recognition of the granted TUE to the International Federation or Major Event ISTUE – January 20 23 Page 18 of 23 Organization in question, via ADAMS or as otherwise specified by that International Federation or Major Event Or... |
[Comment to Article 7.1( b): Recognition is based solely on satisfaction of the Article 4.2 conditions. |
Accordingly, TUE duration alone is not a reason to deny recognition (unless it relates to satisfaction of the Article 4. |
2 conditions). |
Where applicable, TUE duration should be guided by the WADA TUE Physician Guidelines.] |
7.2 Incomplete requests for recognition of a TUE will be returned to the Athlete for completion and re-submission. |
In addition, the TUEC may request from the Athlete or their physician any additional information, examinations or imaging studies, or other information that it deems necessary in order to consider the Athlete’s request for recognition of the TUE; and/or it may seek the assistance of such other medical or scien... |
7.3 Any costs incurred by the Athlete in making the request for recognition of the TUE and in supplementing it as required by the TUEC are the responsibility of the Athlete . |
7.4 The TUEC shall decide whether or not to recognize the TUE as soon as possible, and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one (21) days of receipt of a complete request for recognition. |
Where the request is made a reasonable time prior to an Event , the TUEC must use its best endeavors to issue its decision before the start of the Event . |
7.5 The TUEC’s decision will be notified in writing to the Athlete and will be made available to WADA and to other Anti -Doping Organizations via ADAMS. |
A decision not to recognize a TUE must include an explanation of the reason(s) for the non-recognition. |
7.6 If an International Federation chooses to test an Athlete who is not an International -Level Athlete, it must recog nize a TUE granted by that Athlete’s National Anti-Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0, i.e. |
, because the Athlete is competing in an International Event . |
8.0 Review of TUE Decisions by WADA 8.1 Code Article 4.4.6 provides that WADA, in certain cases, must review TUE decisions of International Federations, and that it may review any other TUE decisions, in each case to determine compliance with the Article 4.1 and 4.2 conditions. |
In relation to the Article 4.2 conditions, WADA shall establish a WADA TUEC that meets the requirements of Article 5.3 to carry out such reviews. |
In relation to the Ar ticle 4.1 conditions, these can be reviewed by WADA (which may, at its discretion, consult with a member(s) of a WADA TUEC). |
8.2 Each request for review must be submitted to WADA in writing and must be accompanied by payment of the application fee established by WADA , as well as copies of all of the information specified in Article 6.4 (or, in the case of review of a TUE denial, all of the information that the Athlete submitted in co... |
The request must be copied to the Anti-Doping Organization whose decision would be the subject of the review, and to the Athlete (if they are not requesting the review). |
8.3 Where the request is for review of a TUE decision that WADA is not obliged to review, WADA shall advise the Athlete as soon as practicable following receipt of the request whether or not ISTUE – January 20 23 Page 19 of 23 it will review the TUE decision. |
Any decision by WADA not to review the TUE decision is final and may not be appealed. |
However, the TUE decision may still be appealable, as set out in Code Article 4.4.7. |
8.4 Where the request is for review of a TUE decision of an International Federation that WADA is obliged to review, WADA may nevertheless refer the decision back to the International Federation (a) for clarification (for example, if the reasons are not clearly set out in the decision); and/or (b) for re- considerati... |
[Comment to Article 8.4: If an International Federation refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical tests or other information required to demonstrate satisfaction of the Article 4.2 conditions are missing, the matter should not be referred to WADA. |
Instead, the file should be completed and re -submitted to the Internat ional Federation.] |
8.5 Where a request for review is referred to the WADA TUEC, the WADA TUEC may seek additional information from the Anti-Doping Organization and/or the Athlete , including further studies as described in Article 6.7, and/or it may obtain the assistance of other medical or scientific experts as it deems appropriate. |
8.6 WADA shall reverse any grant of a TUE that does not comply with the Article 4.1 and 4.2 conditions (as applicable). |
Where the TUE reversed was a prospective TUE (rather than a retroactive TUE), such reversal shall take effect upon the date specified by WADA (which shall not be earlier than the date of WADA’s notification to the Athlete). |
The reversal shall not apply retroactively and the Athlete’s results prior to such notification shall not be Disqualified . |
Where the TUE reversed was a retroactive TUE, however, the reversal shall also be retroactive. |
8.7 WADA shall reverse any denial of a TUE where the TUE application met the Article 4.1 and 4.2 conditions (as applicable), i.e., it shall grant the TUE . |
8.8 Where WADA reviews a decision of an International Federation that has been referred to it pursuant to Code Article 4.4.3 (i.e., a mandatory review), it may require whichever Anti - Doping Organization “loses” the review (i.e., the Anti-Doping Organization whose view it does not uphold) (a) to reimburse the applic... |
8.9 Where WADA reverses a TUE decision that WADA has decided in its discretion to review, WADA may require the Anti -Doping Organization that made the decision to pay the costs incurred by WADA in respect of that review. |
8.10 If applicable, WADA shall communicate the reasoned decision of the WADA TUEC promptly to the Athlete and to their National Anti -Doping Organization and International Federation (and, if applicable, the Major Event Organization). |
ISTUE – January 20 23 Page 20 of 23 9.0 Confidentiality of Information 9.1 The Processing of Personal Information during the TUE process by Anti-Doping Organizations shall comply with the International Standard for the Protection of Privacy and Personal Information. |
Anti-Doping Organizations shall ensure that they have a valid legal authority or basis for such Processing , in accordance with the International Standard for the Protection of Privacy and Personal Information and applicable laws. |
9.2 Anti-Doping Organizations shall communicate in writing the following information to Athletes as well as any other relevant information in accordance with Article 7.1 of the International Standard for the Protection of Privacy and Personal Information in connection with an Athlete’s application for the grant or rec... |
[Comment to Article 9.2: Where Anti -Doping Organizations are relying upon the Athlete’s consent to Process Personal Information in connection with the TUE process , the Athlete applying for the grant or recognition of a TUE shall provide written and explicit consent to the foregoing.] |
9.3 The TUE application shall be dealt with in accordance with the principles of strict medical confidentiality. |
The members of all relevant TUECs , any consulted independent experts and the relevant staff of the Anti-Doping Organization shall conduct all of their activities relating to the process in strict confidence and shall sign appropriate confidentiality agreements. |
In particular, they shall keep the following information confidential: a) All medical information provided by the Athlete and phys ician(s) involved in the Athlete’ s care; and b) All details of the application, including the name of the physician(s) involved in the process . |
9.4 Should the Athlete wish to revoke the right of a TUEC to obtain any health information on their behalf, the Athlete shall notify their physician in writing of such revocation; provided that, as a result of that revocation, the Athlete’s application for a TUE or for recognition of an existing TUE will be deem... |
9.5 Anti-Doping Organizations shall only use information submitted by an Athlete in connection with a TUE application to evaluate the application and in the context of potential anti -doping rule violation investigations and proceedings. |
ISTUE – January 20 23 Page 21 of 23 ANNEX 1: CODE ARTICLE 4.4 FLOWCHART 1. |
TUE procedure if Athlete is not an International -Level Athlete when need for TUE arises ISTUE – January 20 23 Page 22 of 23 2. |
TUE procedure if Athlete is an International -Level Athlete (and so subject to the International Federation's TUE requirements) when need for TUE arises ISTUE – January 20 23 Page 23 of 23 3. |
Athlete enters Event for which Major Event Organization (or " MEO ") has its own TUE requirements |
ISCCS – January 2021 Page 1 of 61 ISCCS – January 2021 Page 2 of 61 International Standard for Code Compliance by Signatories The World Anti -Doping Code International Standard for Code Compliance by Signatories is a mandatory International Standard developed as part of the World Anti-Doping ... |
It was developed in consultation with Signatories , public authorities, and other relevant stakeholders. |
The International Standard for Code Compliance by Signatories was first adopted in 2017 and came into effect in April 2018 . |
A revised version was approved by the WADA Executive Committee at the World Conference on Doping in Sport in Katowice on 7 November 2019 and is effective as of 1 January 2021. |
Published by: World Anti -Doping Agency Stock Exchange Tower 800 Place Victoria (Suite 1700) PO Box 120 Montreal, Quebec Canada H4Z 1B7 www.wada -ama.org Tel: +1 514 904 9232 Fax: +1 514 904 8650 E-mail: code@wada- ama.org ISCCS – January 2021 Page 3 of 61 TABLE OF CONTENTS PART O... |
Signatories to the World Anti -Doping Code (the Code) commit to comply with a number of legal, technical , and operational requirements that are set out in the Code and the accompanying International Standards . |
Such compliance is necessary to deliver harmonized, coordinated , and effective Anti-Doping Programs at the international and national level, so that At hletes and other stakeholders can experience doping- free competition on a level playing field wherever sport is played. |
The Code makes WADA responsible for monitoring and enforcing compliance by Signatories with the Code and the International Standards . |
The Code also requires Signatories to report on their compliance to WADA . |
Under the Code, it is the Court of Arbitration for Sport ( CAS), not WADA , that is responsible for determining non- compliance and imposing consequences on Signatories if they do not accept WADA ’s allegation of non- compliance and/or the Signatory Consequences proposed by WADA . |
The International Standard for Code Compliance by Signatories sets out: • the roles, responsibilities , and procedures of the different bodies involved in WADA’s compliance monitoring function (Part Two, Article 5); • the support and assistance that WADA will offer to Signatories in their efforts to comply with the C... |
This process mirrors, insofar as is appropriate and practicable, the process followed in determining Code non-compliance and the Consequences of such non -compliance for Athletes and other Persons (Part Two, Articles 9 and 10; Annexes A and B ); • the principles to be applied by CAS to determine the Signatory Con... |
The ultimate objective is to ensure that strong Code -compliant anti -doping rules and programs are applied and enforced consistently and effectively across all sports and all countries, so that clean Athletes can have confidence that there is fair competition on a level playing field, and public confidence in the inte... |
However, t he International Standard for Code Compliance by Signatories is flexible enough to recognize certain priorities. |
In particular, it includes specific provisions (including a special fast track process) to enable WADA to take urgent and effective action to address instances of deliberate/bad faith non -compliance with Critical Code requirements. |
It also gives WADA discretion to prioritize its compliance efforts in particular areas and/or with particular Sign atories . |
Most importantly, Signatories who are seeking in good faith to comply with the Code will be encouraged and supported to achieve and maintain full Code Compliance . |
The desire is always to have Signatories address any compliance issues voluntarily. |
Having a Signatory declared non -compliant and Signatory Consequences imposed is the last resort, to be pursued only where the Signatory has failed, despite every encouragement, to correct its Non -Conformities . |
In the interests of transparency and accountability, WADA may publish as much detail as it considers appropriate about its general compliance monitoring program. |
It may also publish information about activities and outcomes in respect of individual Signator ies who have been the subject of specific action under the program. |
Terms used in this International Standard that are defined terms from the Code are italicized. |
Terms that are defined in this or another International Standard are underlined. |
2.0 Relevant Code and International Standard for Laboratories Provisions The following articles in the Code are directly relevant to the International Standard for Code Compliance by Signatories . |
They can be obtained by referring to the Code itself: • Article 12 Sanctions by Signatories Against Other Sporting Bodies • Article 13.6 Appeals from Decisions under Article 24.1 • Article 20 Additional Roles and Responsibilities of Signatories and WADA • Article 24 Monitoring and Enforcing Compliance with the C... |
ISCCS – January 2021 Page 7 of 61 The following articles in the International Standard for Laboratories are directly relevant to the International Standard for Code Compliance by Signatories . |
They can be obtained by referring to the International Standard for Laboratories itself : • Article 4.1.2 Applicant Laboratory, Submit Initial Application Form • Article 4.8.1.2 Applicant Laboratory for WADA approval for the ABP, Submit Initial Application Form. |
3.0 Definitions and Interpretation 3.1 Defined terms from the Code that are used in the International Standard for Code Compliance by Signatories ADAMS : The Anti -Doping Administration and Management System is a Web- based database management tool for data entry, st orage, sharing, and reporting designed to assist ... |
Adverse Analytical Finding: A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Standard for Laboratories , establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method... |
Adverse Passport Finding: A report identified as an Adverse Passport Finding as described in the applicable International Standards . |
Aggravating Factors : This term encompasses a deliberate attempt to circumvent or undermine the Code or the International Standards and/or to corrupt the anti -doping system, an attempt to cover up non- compliance, or any other form of bad faith on the part of the Signatory in question; a persistent r efusal or failur... |
Anti-Doping Activities : Anti-doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing, organizing analysis of Samples , gathering of intelligence and conduct of investigations, processing of TUE applications, Res... |
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