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4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance, Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.
4.4 Therapeutic Use Exemptions (“TUEs”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method, shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions.
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International-Level Athletes shall apply to their National Anti-Doping Organization for a TUE.
If the National Anti-Doping Organization denies the application, the Athlete may appeal exclusively to the appellate body described in Article 13.2.2.
4.4.2.2 Athletes who are International-Level Athletes shall apply to IRF.
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti-Doping Organization pursuant to Article 4.4 of the Code for the substance or method in question and provided that such TUE has been reported in accordance with Article 5.5 of the International Standard for Therapeutic Use Exemptions, IRF will automatically recognize it for purposes of international-level Competition without the need to review the relevant clinical information.
4.4.3.2 If IRF chooses to test an Athlete who is not an International-Level Athlete, IRF must recognize a TUE granted to that Athlete by their 20 [Comment to Article 4.4.3: If IRF refuses to recognize a TUE granted by a National Anti-Doping Organization only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA.
Instead, the file should be completed and re-submitted to IRF.]
[Comment to Article 4.4.3: IRF may agree with a National Anti-Doping Organization that the National Anti-Doping Organization will consider TUE applications on behalf of IRF.]
IRF 2021 Anti-Doping Rules Page 15 of 68 National Anti-Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeutic Use Exemptions.
4.4.4 TUE Application Process 21 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organization for the substance or method in question, the Athlete must apply directly to IRF.
4.4.4.2 An application to IRF for grant or recognition of a TUE must be made as soon as possible, save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply.
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on IRF’ website.
4.4.4.3 IRF shall establish a Therapeutic Use Exemption Committee (“TUEC”) to consider applications for the grant or recognition of TUEs in accordance with Article 4.4.4.3(a)-(d) below: (a) The TUEC shall consist of a minimum of five (5) members with experience in the care and treatment of Athletes and sound knowledge of clinical, sports and exercise medicine.
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration.
The appointed members shall not be employees of IRF.
(c) When an application to IRF for the grant or recognition of a TUE is made, three (3) members (which may include the Chair) shall be appointed to consider the application.
(d) Before considering a TUE application, each member shall disclose any circumstances likely to affect their impartiality with respect to the Athlete making the application.
If a member is unwilling or unable to assess the Athlete’s TUE application, for any reason, a replacement shall be appointed from the pool of members appointed under point (a) above.
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty-one (21) days of receipt of a complete application.
Where the application is made in a 21 [Comment to Article 4.4.4: The submission of falsified documents to a TUEC or IRF, offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tampering or Attempted Tampering under Article 2.5.
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted.
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.]
IRF 2021 Anti-Doping Rules Page 16 of 68 reasonable time prior to an Event, the TUEC must use its best endeavors to issue its decision before the start of the Event.
4.4.4.5 The TUEC decision shall be the final decision of IRF and may be appealed in accordance with Article 4.4.7.
IRF TUEC decision shall be notified in writing to the Athlete, and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions.
It shall also promptly be reported into ADAMS.
4.4.4.6 If IRF (or the National Anti-Doping Organization, where it has agreed to consider the application on behalf of IRF) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If IRF grants the Athlete’s application, it must notify not only the Athlete but also their National Anti-Doping Organization.
If the National Anti-Doping Organization considers that the TUE granted by IRF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has twenty-one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7.
If the National Anti-Doping Organization refers the matter to WADA for review, the TUE granted by IRF remains valid for international-level Competition and Out-of-Competition Testing (but is not valid for national-level Competition) pending WADA’s decision.
If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by IRF becomes valid for national-level Competition as well when the twenty-one (21) day review deadline expires.
4.4.5 Retroactive TUE Applications If IRF chooses to collect a Sample from an Athlete who is not an International-Level Athlete or a National-Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, IRF must permit that Athlete to apply for a retroactive TUE.
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti-Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE; (c) may be withdrawn by the TUEC if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.
4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal, or reversal of the TUE.
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, reported shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of IRF 2021 Anti-Doping Rules Page 17 of 68 the Prohibited Substance or Prohibited Method prior to that date, in which event no anti-doping rule violation shall be asserted.
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review IRF’s decision not to recognize a TUE granted by the National Anti-Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti-Doping Organization.
In addition, WADA must review IRF’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti-Doping Organization.
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative.
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions, WADA will not interfere with it.
If the TUE decision does not meet those criteria, WADA will reverse it.22 4.4.7.2 Any TUE decision by IRF (or by a National Anti-Doping Organization where it has agreed to consider the application on behalf of IRF) that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti-Doping Organization, exclusively to CAS.23 4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti-Doping Organization and/or IRF, exclusively to CAS.
4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal.
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations24 5.1.1 Testing and investigations may be undertaken for any anti-doping purpose.
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations and the eventual specific protocols of IRF supplementing that International Standard.
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample) or Article 2.2 (Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method).
22 [Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
23 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the IRF’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision.
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision.
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
24 [Comment to Article 5.1: Where Testing is conducted for anti-doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti-Doping Organization’s rules.
See, e.g., Comment to Article 23.2.2 of the Code.]
IRF 2021 Anti-Doping Rules Page 18 of 68 5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, IRF shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti-Doping Rules (Section “Scope of these Anti-Doping Rules”).
5.2.2 IRF may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility) to provide a Sample at any time and at any place.25 5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code.
5.2.4 If IRF delegates or contracts any part of Testing to a National Anti-Doping Organization directly or through a National Federation, that National Anti-Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti-Doping Organization’s expense.
If additional Samples are collected or additional types of analysis are performed, IRF shall be notified.
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period.
At International Events, IRF (or other international organization which is the ruling body for an Event) shall have authority to conduct Testing.
At National Events, the National Anti-Doping Organization of that country shall have authority to conduct Testing.
At the request of IRF (or other international organization which is the ruling body for an Event), any Testing during the Event Period outside of the Event Venues shall be coordinated with IRF (or the relevant ruling body of the Event).
5.3.2 If an Anti-Doping Organization, which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event, desires to conduct Testing of Athletes at the Event Venues during the Event Period, the Anti-Doping Organization shall first confer with IRF (or other international organization which is the ruling body of the Event) to obtain permission to conduct and coordinate such Testing.
If the Anti-Doping Organization is not satisfied with the response from IRF (or other international organization which is the ruling body of the Event), the Anti-Doping Organization may, in accordance with the procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determine how to coordinate such Testing.
WADA shall not grant approval for such Testing before consulting with and informing IRF (or other international organization which is the ruling body for the Event).
WADA’s decision shall be final and not 25 [Comment to Article 5.2.2: IRF may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories.
Unless the Athlete has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, IRF will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping.
A challenge to whether IRF had sufficient suspicion for Testing during this time period shall not be a defense to an anti-doping rule violation based on such test or attempted test.]
IRF 2021 Anti-Doping Rules Page 19 of 68 subject to appeal.
Unless otherwise provided in the authorization to conduct Testing, such tests shall be considered Out-of-Competition tests.
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event.26 5.3.3 Every organizer of IRF’s International Events must plan for Testing to take place and must ensure that, during the Event, the necessary facilities, Sample collection materials and Testing personnel are available, and the Testing procedures are correctly applied in accordance with the International Standard for Testing and Investigation and pursuant to instructions issued by IRF.
5.3.4 At selected IRF’s International Events or Competitions, where IRF is the ruling body, IRF shall be responsible for coordinating Testing, in accordance with these Anti-Doping Rules.
5.3.5 The overall costs of Testing and Sample analysis shall be borne by the organizing committee and/or the host contracted by IRF where the Event or Competition is taking place.
IRF may, at its own discretion, decide to take responsibility for those costs.
In any event, IRF shall have the right to select or approve the Sample collection agency or laboratory for the Event or Competition.
5.4 Testing Requirements 5.4.1 IRF shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations.
5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing.
5.4.3 At International Competitions or Events, IRF shall have the authority to determine the number and type of tests to be conducted.
5.5 Athlete Whereabouts Information 5.5.1 IRF may establish a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Article 2.4 violations as provided in Article 10.3.2.
IRF shall coordinate with National Anti-Doping Organizations to identify such Athletes and to collect their whereabouts information.
5.5.2 IRF shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name.
IRF shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall periodically (but not less than quarterly) review the list of Athletes in its Registered Testing Pool to ensure that each listed Athlete continues to meet the relevant criteria.
Athletes shall be notified before they are included in 26 [Comment to Article 5.3.2: Before giving approval to a National Anti-Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event.
Before giving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti-Doping Organization of the country where the Event takes place.
The Anti-Doping Organization “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process.]
IRF 2021 Anti-Doping Rules Page 20 of 68 the Registered Testing Pool and when they are removed from that pool.
The notification shall contain the information set out in the International Standard for Testing and Investigations.
5.5.3 Where an Athlete is included in an international Registered Testing Pool by IRF and in a national Registered Testing Pool by their National Anti-Doping Organization, the National Anti-Doping Organization and IRF shall agree between themselves which of them shall accept that Athlete's whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them.
5.5.4 In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (a) advise IRF of his/her whereabouts on a quarterly basis; (b) update that information as necessary so that it remains accurate and complete at all times; and (c) make himself or herself available for Testing at such whereabouts.
5.5.5 For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the International Standard for Results Management, where the conditions set forth in Annex B are met.
5.5.6 An Athlete in IRF’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to IRF that he or she has retired or (b) IRF has informed him or her that he or she no longer satisfies the criteria for inclusion in IRF' Registered Testing Pool.
5.5.7 Whereabouts information provided by an Athlete while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test that Athlete as provided in Article 5.2.
Whereabouts information shall be maintained in strict confidence at all times; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control, providing information relevant to the Athlete Biological Passport or other analytical results, to support an investigation into a potential anti-doping rule violation, or to support proceedings alleging an anti-doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for the Protection of Privacy and Personal Information.
5.5.8 IRF may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool.
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or before the date required by IRF or the Athlete’s failure to provide accurate whereabouts information may result in the consequences defined in Article 5.5.12 below.
5.5.9 In accordance with the International Standard for Testing and Investigations, IRF may establish a Testing Pool and/or other pool, which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in IRF’s Registered Testing Pool.
The collection of whereabouts and the inclusion of Athletes in the Testing Pool or other pool may be coordinated with the National Federations and/or the National Anti-Doping Organisations and IRF may allocate IRF 2021 Anti-Doping Rules Page 21 of 68 the responsibility to collect whereabouts information from Athletes in the Testing Pool or other pool to the Athlete’s National Federation.
5.5.10 IRF shall notify Athletes before they are included in the Testing Pool and when they are removed.
Such notification shall include the whereabouts requirements and the consequences that apply in case of non-compliance, as indicated in Articles 5.5.11 and 5.5.12.
5.5.11 Athletes included in the Testing Pool shall provide IRF at least with the following whereabouts information so that they may be located and subjected to Testing: (a) An overnight address; (b) Competition / Event schedule; and (c) Regular training activities.
Such whereabouts information should be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organizations.
5.5.12 An Athlete’s failure to provide whereabouts information on or before the date required by IRF or the Athlete’s failure to provide accurate whereabouts information might result in IRF elevating the Athlete to IRF’s Registered Testing Pool (if one is established) and additional appropriate and proportionate non-Code Article 2.4 consequences, established by IRF if any.