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(b) Before serving as a member of the TUEC, each member mus t sign a conflict of interest and confidentiality declaration.
The appointed members shall not be employees of ISA .
(c) When an application to ISA 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 asses s 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 imparti ality of the TUE decision.
21 [Comment to Article 4.4.
4: The submission of falsified documents to a TUEC or ISA, 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 ac t or any other similar intentional in terference 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 renew al 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.]
ISA 2021 Anti -Doping Rules Page 16 of 67 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 reasonable time prior to an Event , the TUE C 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 ISA and may be appealed in accordance with Article 4.4.
7.
ISA 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 ISA (or the National Anti-Doping Organization, where it has agreed to consider the application on behalf of ISA ) denies the Athlete’s application, it must notify t he Athlete promptly, with reasons.
If ISA 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 ISA does not meet t he 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 ISA 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 ISA becomes valid for national -level Competi tion as well when the twenty -one (21) day review deadline expires.
4.4.5 Retroactive TUE Applications If ISA chooses to collect a Sample from an Athle te 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, ISA 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 A thlete does not promptly comply with any requirements or conditions imposed by the TUE C upon grant of the TUE; (c) may be withdrawn by the TUE C if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reverse d 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 ISA 2021 Anti -Doping Rules Page 17 of 67 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 shortl y after the TUE expiry, withdrawal or rever sal, shall include consideration of whether such finding is consistent with Use of 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 ISA’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 ISA’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 ISA (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of ISA ) 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 , exclusivel y 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 ISA, 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 Investigat ions24 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 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 Art icle 4.4.7.2: In such cases, the decision being appealed is the ISA’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 r un 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 c onducted 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.]
ISA 2021 Anti -Doping Rules Page 18 of 67 for Testing and Investigations and the eventual specific protocols of ISA 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 Prohibit ed Substance or a Prohibited Method).
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, ISA 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 ISA may require a ny 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 ISA delegates or contracts any part of Testing to a National Anti -Dopin g 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 anal ysis at the National Anti -Doping Organization’s expense.
If addition al Samples are collected or additional types of analysis are performed, ISA 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 , ISA (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 ISA (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 ISA (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 ISA (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 ISA (or other international or ganization which is 25 [Comment to Article 5.2.2: ISA may obtain additi onal 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 Tes ting during that period, ISA 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 ISA had sufficient sus picion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.]
ISA 2021 Anti -Doping Rules Page 19 of 67 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 ISA (or other international organization which is the ruling body for the Event ).
WADA’s decision shall be final and not 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 ISA’s International Events or Competitions 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 ISA.
5.3.4 At ISA’s International Events or Competitions , where ISA is the ruling body, ISA shall be responsible for coordinating Testing, in accordance with these Anti-Doping Rules.
5.3.5 The overall costs of Testing and Sample analysis s hall be borne by the organizing committee and/or t he host contracted by ISA where the Competition or Event is taking place.
ISA may at its own discretion decide to take responsibility for those costs.
In any event, ISA shall have the right to select or approve the Sample collection agency or laboratory for the Competition or Event .
5.4 Testing Requirements 5.4.1 ISA 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 ISA’s International Events or Competitions , ISA shall have the a uthority to determine the number and type of tests t o be conducted .
5.5 Athlete Whereabouts Information 5.5.1 ISA 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 violation s as provided in Article 10.3.2.
ISA shall 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 cons ult 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 wi th 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 D oping Control process.]
ISA 2021 Anti -Doping Rules Page 20 of 67 coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information.
5.5.2 ISA shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name.
ISA shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall periodical ly (but not less than quarter ly) 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 the Registered Testing Pool and w hen 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 ISA and in a national Registered Testing Pool by their National Anti -Doping Organization, the National Anti -Doping Organization and ISA 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 ISA 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 r equirements 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 ISA’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 notic e to ISA that he or she has retired or (b) ISA has informed him or her that he or she no longer satisfies the criteria for inclusion in ISA' Registered Testing Pool .
5.5.7 Whereabout s 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 supp ort 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 ISA 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 or a Testing Pool .
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or ISA 2021 Anti -Doping Rules Page 21 of 67 before the date required by ISA or the Athlete’s failure to provide accurate whereabouts information may result in the consequences defined in Ar ticle 5.5.12 below.
5.5.9 In accordance with the International Standard for Testing and Investigations, ISA may establish a Testing Pool and/or other pool , which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in ISA’ Registered Testing Pool .
The collection of whereabouts information and the inclusion of Athletes in the Testing Pool or other pool might be coordinated with the National Federations and/or the National Anti -Doping Organisations and ISA may allocate the responsibility to collect Testing Pool or other pool Athletes whereabouts inf ormation to its National Federations .
5.5.10 ISA 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 ISA at least with the following whereabouts information so that they may be located and subjected to Testing: (a) An overnight address; (b) Competiti on / 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 .
5.5.1 2 An Athlete ’s failure to provide whereabouts information on or before the date required by ISA or the Athlete ’s failure to provide accurate whereabouts information might result in ISA elevating the Athlete to ISA’s Registered Testing Pool (if one established) and additional appropriate and proportionate non- Code Article 2.4 consequences, established by ISA if any .
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in ISA’s Registered Testing Pool retires and then wishes to return to active participation i n sport, the Athlete shall not compete in International Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to ISA and their National Anti -Doping Organization.
WADA, in consultation with ISA and the Athlete's National Anti -Doping Organization, may grant an exemption to the six (6) month written notice rule where the strict application of that rule would be unfair to the Athlete.
This decision may be appealed under Arti cle 13.27 Any competitive results obtained in violation of this Article 5.
6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event .
27 [Comment to Article 5.6.1: WADA has developed a protocol and exemption application form that Athletes must us e to make such requests, and a decision template that the International Federat ions must use.
Both documents are available on WADA’s website at https://www.wada -ama.org. ]
ISA 2021 Anti -Doping Rules Page 22 of 67 5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organization that imposed the period of Ineligibility in writing of such retirement .
If the Athlete then wishes to return to active competition in s port, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing by giving six (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to ISA and to their National Anti -Doping Organization.
5.7 Independent Observer Program ISA and the organizing committees for ISA ’s Events , as well as the National Federat ions and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events .
ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Accredited , Approved Laboratories and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA- accredited laboratories or laboratories otherwise approved by WADA .
The choice of the WADA- accredited or WADA- approved laboratory used for the Sample analysis shall be determined exclusively by ISA .