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4.8.8.2 The Anti-Doping Organization collecting an Athlete’s Whereabouts Filings may specify a date prior to the first day of each quarter (i.e., 1 January, 1 April, 1 July and 1 October, respectively) when an Athlete in a Registered Testing Pool shall file a Whereabouts Filing that contains at least the following information: [Comment to 4.8.8.2: To facilitate planning and readiness for Testing on the first day of the quarter (as countenanced in Article 4.8.8.2), Anti -Doping Organizations may require that whereabouts information is submitted on a date which is the 15th of the month preceding the quarter.
However, no Consequences for a failure to submit prior to the first day of the quarter shall apply.]
a) A complete mailing address and personal e -mail address where correspondence may be sent to the Athlete for formal notice purposes.
Any notice or other item mailed to that address will be deemed to have been received by the Athlete seven ( 7) days after it was deposited in the mail and immediately when notification of a sent e -mail receipt is generated/obtai ned (subject to applicable law); [Comment to 4.8.8.2 (a): For these purposes, the Athlete should specify an address where they live or otherwise know that mail received there will be immediately brought to their attention.
An Anti -Doping Organization is encouraged also to supplement this basic provision with other notice and/or “deemed notice” provisions in its rules (for example, permitting use of fax, email, SMS text, approved social networking sites or applications or other methods of service of notice; permitting proof of actual receipt as a substitute for deemed receipt; permitting notice to be served on the Athlete’s National Federation if it is returned undelivered from the address supplied by the Athlete).
The aim of such provisions should be to shor ten the Results Management timelines.]
b) Specific confirmation that the Athlete understands that their Whereabouts Filing will be shared with other Anti-Doping Organizations that have authority to conduct Testing on them ; c) For each day during the following quarter, the full address of the place ISTI – Effective 1 January 2023 Page 31 of 92 where the Athlete will be staying overnight (e.g., home, temporary lodgings, hotel, etc.
); d) For each day during the following quarter, the name and address of each location where the A thlete will train, work or conduct any other regular activity (e.g., school), as well as the usual time frames for such regular activities; and [Comment to 4.8.8.2 (d): This requirement applies only to activities that are part of the Athlete’s regular rout ine.
For example, if the Athlete’s regular routine includes training at the gym, the pool and the track, and regular physio sessions, then the Athlete should provide the name and address of the gym, pool, track and physio in their Whereabouts Filing, and t hen set out their usual routine, e.g., “Mondays: 9- 11 gym, 13 -17 gym; Tuesdays: 9- 11 gym, 16 -18 gym; Wednesdays: 9- 11 track, 3 -5 physio; Thursdays: 9- 12 gym, 16- 18 track, Fridays: 9 -11 pool, 3- 5 physio; Saturdays: 9 -12 track, 13 -15 pool; Sundays: 9 -11 trac k, 13 -15 pool”.
If the Athlete is not currently training, they should specify that in their Whereabouts Filing and detail any other routine that they will be following in the forthcoming quarter, e.g., their work routine, or school schedule, or rehab routi ne, or other routine, and identify the name and address of each location where that routine is conducted and the time frame during which it is conducted.
In the case of a Team Sport or other sport where competing and/or training are carried out on a collec tive basis, the Athlete’s regular activities are likely to include most , if not all , Team Activities .]
e) The Athlete’s Competition/Event schedule for the following quarter, including the name and address of each location where the Athlete is scheduled to compete during the quarter and the date(s) and time(s) at which they are scheduled to compete at such location(s) .
4.8.8.3 Subject to Article 4.8.8.4, the Whereabouts Filing must also include, for each day during the following quarter, one specific 60 -minute time slot between 5 a.m. and 11 p.m. each day where the Athlete will be available and accessible for Testing at a specific location.
[Comment to 4.8.8.3: The Athlete can choose which 60-minute time slot between 5 a.m. and 11 p.m. to use for this purpose, provided that during the time slot in question they are somewhere accessible by the DCO .
It could be the Athlete’s place of residence, training or Competition, or it could be another location (e.g., work or school).
An Athlete is entitled to specify a 60- minute time slot during which they will be at a hotel, apartment building, gated community or other location where access to the Athlete is obtained via a front desk, or security guard.
It is up to the Athlete to ensure accessibility to their selected 60 -minute location with no advance warning to the Athlete.
In addition, an Athlete may specify a time slot when they are taking part in a Team Activity .
In either case, however, any failure to be accessible and available for Testing at the specified location during the specified time slot shall be pursued as a Missed Test.]
ISTI – Effective 1 January 2023 Page 32 of 92 4.8.8.4 As the sole exception to Article 4.8.8.3, if (but only if) there are dates in the relevant quarter in which the Athlete is scheduled to compete in an Event (excluding any Events organized by a Major Event Organization), and the Anti-Doping Organization that put the Athlete into the Registered Testing Pool is satisfied that enough information is available from other sources to find the Athlete for Testing on those dates, then the Anti-Doping Organization that put the Athlete into the Registered Testing Pool may waive the Article 4.8.8.2 requirement to specify a 60- minute time slot in respect of such dates (" In-Competition Dates ").
If each of the International Federation and a National Anti-Doping Organization put the Athlete into its Registered Testing Pool , the International Federation’s decision as to whether to waive that requirement in respect of In-Competition Dates will prevail.
If the requirement to specify a 60-minute time slot has been waived in respect of In-Competition Dates , the Athlete shall specify in their Whereabouts Filing dates and locations (including event name, overnight address , and any training activities ) where they anticipate being In -Competition (and as a result has not specified a 60 -minute time slot for those dates), if they are then eliminated from the Competition before the end of those dates, so that the remaining dates are no longer In -Competition Dates , they must update their Whereabouts Filing to provide all the necessary information for those dates, including the 60- minute time slot specified in Article 4.8.8.3.
4.8.8.5 It is the Athlete’s responsibility to ensure that they provide all of the information required in a Whereabouts Filing as outlined in Articles 4.8.8.2 and 4.8.8.3 accurately and in sufficient detail to enable any Anti -Doping Organization wishing to do so to locate the Athlete for Testing on any given day in the quarter at the times and locations specified by the Athlete in their Whereabouts Filing for that day, including but not limited to during the 60-minute time slot specified for that day in the Whereabouts Filing.
a) More specifically, the Athlete shall provide sufficient information to enable the DCO to find the location, to gain access to the location, and to find the Athlete at the location with no advance notice to the Athlete .
A failure to do so may be pursued as a Filing Failure and/or (if the circumstances so warrant) as evasion of Sample collection under Code Article 2.3, and/or Tampering or Attempted Tampering with Doping Control under Code Article 2.5.
In any event, the Anti -Doping Organization shall consider Target Testing of the Athlete .
[Comment to 4.8.8.5 (a): For example, declarations such as “running in the Black Forest” are insufficient and are likely to result in a Filing Failure.
Similarly, specifying a location that the DCO cannot access (e.g., a “restricted -access” building or area) is likely to resul t in a Filing Failure.
The Anti -Doping Organization may be able to determine the insufficiency of the information from the Whereabouts Filing itself, or alternatively it may only discover the insufficiency of the information when it attempts to test the Athlete and is unable to locate them.
In either case, the matter should be pursued as an apparent Filing Failure , and/or (where the circumstances warrant) as an evasion of Sample collection under Code Article 2.3, and/or as Tampering or Attempting to Tamper with Doping Control under Code Article 2.5.
Further information on Whereabouts ISTI – Effective 1 January 2023 Page 33 of 92 Filing requirements can be found in WADA’s Guidelines for Implementing an Effective Testing Program.
Where an Athlete does not know precisely what their whereabouts will be at all times during the forthcoming quarter, they must provide their best information, based on where they expect to be at the relevant times, and then update that information as necessary in accordance with Article 4.8.8.5.]
b) If the Athlete is tested during the 60- minute time slot, the Athlete must remain with the DCO until the Sample collection has been completed, even if this takes longer than the 60 -minute time slot.
A failure to do so shall be pursued as an apparent violation of Code Article 2.3 (refusal or failure to submit to Sample collection).
c) If the Athlete is not available for Testing at the beginning of the 60 -minute time slot but becomes available for Testing later on in the 60- minute time slot, the DCO should collect the Sample and should not process the attempt as an unsuccessful attempt to test but should report the details of the delay in availability of the Athlete .
Any pattern of behaviour of this type should be investigated as a possible anti -doping rule violation of evading Sample collection under Code Article 2.3 or Code Article 2.5.
It may also prompt Target Testing of the Athlete .
If an Athlete is not available for Testing during their specified 60 -minute time slot at the location specified for that time slot for that day, they will be liable for a Missed Test even if they are located later that day and a Sample is successfully collected from them.
d) Once the DCO has arrived at the location specified for the 60- minute time slot, if the Athlete cannot be located immediately , then the DCO should remain at that location for whatever time is left of the 60 -minute time slot and during that remaining time they should do what is reasonable in the circumstances to try to locate the Athlete .
See WADA’s Guidelines for Sample Collection for guidance in determining what is reasonable in such circumstances.
[Comment to 4.8.8.
5 (d): Where an Athlete has not been located despite the DCO’s reasonable efforts, and there are only five ( 5) minutes left within the 60- minute time slot, then as a last resort the DCO may (but does not have to) telephone the Athlete (assuming they have provided their telephone number in their Whereabouts Filing) to see if they are at the specified location.
If the Athlete answers the DCO’s call and is available at (or in the immediate vicinity of) the location for immediate Testing (i.e., within the 60-minute time slot), then the DCO should wait for the Athlete and should collect the Sample from them as normal.
However, the DCO should also make a careful note of all the circumstances, so that it can be decided if any further investigation should be conducted.
In particular, the DCO should make a note of any facts suggesting that there could have been T ampering or manipulation of the Athlete’s urine or blood in the time that elapsed between the phone call and the Sample collection.
If the Athlete answers the DCO’s call and is not at the specified location or in the immediate vicinity, and so cannot make himself/herself available for Testing within the 60- minute time slot, ISTI – Effective 1 January 2023 Page 34 of 92 the DCO should file an Unsuccessful Attempt Report .]
4.8.8.6 Where a change in circumstances means that the information in a Whereabouts Filing is no longer accurate or complete as required by Article 4.8.8.5, the Athlete shall file an update so that the information on file is again accurate and complete.
The Athlete must always update their Whereabouts Filing to reflect any change in any day in the quarter in question in particular; (a) in the time or location of the 60 -minute time slot specified in Article 4.8.8.3; and/or (b) in the place where they are st aying overnight.
The Athlete shall file the update as soon as possible after they become aware of the change in circumstances, and in any event prior to the 60- minute time slot specified in their filing for the relevant day.
A failure to do so may be pursued as a Filing Failure and/or (if the circumstances so warrant) as evasion of Sample collection under Code Article 2.3, and/or Tampering or Attempted Tampering with Doping Control under Code Article 2.5.
In any event, the Anti -Doping Organization shall consider Target Testing of the Athlete .
[Comment to 4.8.8.6: The Anti -Doping Organization collecting the Athlete’s Whereabouts Filings should provide appropriate mechanisms (e.g., phone, fax, Internet, email, SMS, approved social networking sites or applications) to facilitate the filing of such updates.
It is the responsibility of each Anti -Doping Organization with authority to conduct Testing on the Athlete to ensure that it checks for any updates filed by the Athlete prior to attempting to collect a Sample from the Athlete based on their Whereabouts Filing.
For the avoidance of doubt, however, an Athlete who updates their 60-minute time slot for a particular day prior to the original 60- minute slot must still submit to Testing during the original 60- minute time slot, if they are located for Testing during that time slot.]
4.8.9 Availability for Testing 4.8.9.1 Every Athlete must submit to Testing at any time and place upon request by an Anti-Doping Organization with authority to conduct Testing .
In addition, an Athlete in a Registered Testing Pool must specifically be present and available for Testing on any given day during the 60 -minute time slot specified for that day in their Whereabouts Filing, at the location that the Athlete has specified for that time slot.
[Comment to 4.8.9.1: For Testing to be effective in deterring and detecting cheating, it should be as unpredictable as possible.
Therefore, the intent behind the 60- minute time slot is not to limit Testing to that period, or to create a ‘default’ period for Testing, but rather: a) To make it very clear when an unsuccessful attempt to test an Athlete will count as a Missed Test ; b) To guarantee that the Athlete can be found, and a Sample can be collected, at least once per day (which should deter doping, or, as a minimum, make it far mo re difficult); c) To increase the reliability of the rest of the whereabouts information ISTI – Effective 1 January 2023 Page 35 of 92 provided by the Athlete, and so to assist the Anti -Doping Organization in locating the Athlete for Testing outside the 60 -minute time slot.
The 60 -minute time slot “anchors” the Athlete to a certain location for a particular day.
Combined with the information that the Athlete must provide as to where they are staying overnight, training, competing and conducting other ‘regular’ activities during that day, the Anti -Doping O rganization should be able to locate the Athlete for Testing outside the 60 -minute time slot; and d) To generate useful anti -doping intelligence, e.g., if the Athlete regularly specifies time slots with large gaps between them, and/or changes his time slot an d/or location at the last minute.
Such intelligence can be relied upon as a basis for the Target Testing of such Athlete.]
4.8.10 Testing Pool(s) 4.8.10.1 The tier below the Registered Testing Pool is the Testing pool and should include Athletes from whom some whereabouts information is required in order to locate and test the Athlete at least once per year Out -of-Competition.
At a minimum, this shall include an overnight address, Competition /Event schedule and regular training activities.
Athletes in a Testing pool are not subject to the requirements of Code Article 2.4.
An International Federation or a National Anti-Doping Organization shall consider the following criteria for including Athletes into a Testing pool: a) Athletes whom the International Federation or National Anti -Doping Organization plans to test at least once per year Out -of-Competition (either independently or in agreed coordination with other Anti -Doping Organizations with Testing Authority over the same Athlet es); b) Athletes from sports that have sufficient whereabouts information to locate them for Testing through regular team Competition/ Event and Team Activities .
4.8.10.2 Where training in a sport is organized and carried out on a collective basis rather than on an individual basis, involving Team Activities , an International Federation or National Anti -Doping Organization may decide that it is sufficient to include Athlete s as part of the team in a Testing pool.
However, in periods where there are no Team Activities scheduled (e.g., the off -season) or where an Athlete is not participating in Team Activities (e.g., is rehabilitating after an injury), then the Athlete may be required by the International Federation or National Anti-Doping Organization rules or procedures to provide more individualized whereabouts to enable No Advance Notice Testing of the Athl ete during these periods.
If the whereabouts information requested is not sufficient to conduct the No Advance Notice Testing during these periods, it shall put the Athletes into its Registered Testing Pool and Code Article 2.4 Whereabouts Requirements will apply.
4.8.10.3 To ensure accurate whereabouts are filed and maintained by Athletes in a Testing pool, an International Federation or a National Anti-Doping ISTI – Effective 1 January 2023 Page 36 of 92 Organization shall, within their rules and procedures, include appropriate and proportionate non -Code Article 2.4 consequences to individual Athletes or teams who are part of a Testing pool if; a) the whereabouts information is not filed on the date(s) stated in the rules; or b) the whereabouts information is not found to be accurate following an attempt to test; or c) information is obtained that is contrary to the whereabouts information provided.
[Comment 4.8.10.3: Such consequences may be in addition to the elevation of an Athlete into the Registered Testing Pool as described in Article 4.8.6.
1 (d)].
4.8.10.4 Whereabouts for Athletes in a Testing pool should also be filed in ADAMS to enable better Testing coordination between Anti-Doping Organizations .
An International Federation or a National Anti -Doping Organization may also request whereabouts schedules with more regular deadlines e.g., weekly, monthly or quarterly within their rules or procedures which better suit the needs and demands of Team Activities in the relevant sport(s).
4.8.10.5 Athletes designated for inclusion in a Testing pool shall be notified in writin g in advance by the International Federation and National Anti -Doping Organization of their inclusion in the Testing pool, the whereabouts requirements and the consequences that apply.
4.8.11 Other Pool(s) 4.8.11.1 International Federations and National Anti-Doping Organizations may implement other pool(s) for Athletes who do not meet the criteria of Article 4.5.2 and where diminishing whereabouts requirements may be defined by the International Federation and National Anti -Doping Organization.
Athletes in such pool(s) are not subject to Code Article 2.4 Whereabouts Requirements .
4.8.12 Selecting Athletes for Differen t Whereabouts Pools and Coordination Between International Federations and National Anti -Doping Organizations.
4.8.12.1 Each International Federation and National Anti -Doping Organization has the discretion to select which Athlete goes into which type of whereabouts pool.
However, the International Federation and National Anti-Doping Organization shall be able to demonstrate the y have made a proper assessment of the relevant risks, the necessary prioritization in accordance with Articles 4.2 to 4.7, and that they have adopted appropriate criteria based on the results of that assessment.
4.8.12.2 Once an International Federation and Nation al Anti -Doping Organization have selected Athletes for their Registered Testing Pool , they shall share ISTI – Effective 1 January 2023 Page 37 of 92 and maintain the list of Athletes through ADAMS with the relevant International Federation and National Anti -Doping Organization.
4.8.12.3 If an Athlete is in one whereabouts pool of their International Federation and another whereabouts pool for their National Anti -Doping Organization, they shall file their whereabouts and comply with whichever whereabouts pool has the greater whereabouts requirements.
4.8.12.4 International Federations and National Anti -Doping Organizations shall coordinate Athlete whereabouts pool selection and Testing activities to avoid duplication and maximize use of resources.
As a result of such coordination and resource efficiencies, either the International Federation or National Anti -Doping Organization shall consider adding more Athletes to its Registered Testing Pool or Testing pool to ensure a greater level of Testing is conducted across a wider range of “at risk” Athletes .
4.8.12.5 Each International Federation and each National Anti -Doping Organization shall: a) Regularly review and update as necessary their criteria for including Athletes in their Registered Testing Pool and Testing pool(s) to ensure that they remain fit for purpose, i.e., they are capturing all appropriate Athletes .
They shall take into account the Competition/Event calendar for the relevant period and change or increase the number of Athletes in the Registered Testing Pool or Testing pool in the lead- up to a major Event (e.g., Olympic Games , Paralympic Games , World Championship and other multi -sport Events ) to ensure those Athletes participating are subject to a sufficient level of Out-of-Competition Testing in accordance with any Risk Assessment .
b) Periodically review during the year/cycle in light of changing circumstances the list of Athletes in their Registered Testing Pool and Testing pool(s) to ensure that each listed Athlete continues to meet the relevant criteria.
Athletes who no longer meet the criteria should be removed from the Registered Testing Pool and/or Testing pool and Athletes who now meet the criteria should be added.
The International Federation and National Anti -Doping Organization shall advise such Athletes of the change in their status and make a new list of Athletes in the applicable pool available, without delay .
4.8.13 Major Event Organizations 4.8.13.1 For periods when Athletes come under the Testing Authority of a Major Event Organization: a) If the Athletes are in a Registered Testing Pool, then the Major Event Organization may access their Whereabouts Filings for the relevant period in order to conduct Out -of-Competition Testing on them; or b) The Major Event Organizati on may adopt Event -specific rules, including consequences requiring Athletes or the relevant third party to provide ISTI – Effective 1 January 2023 Page 38 of 92 such information about their whereabouts for the relevant period as it deems necessary and proportionate in order to conduct Out-of-Competition Testing.
4.8.14 Whereabouts Responsibilities 4.8.14.1 Notwithstanding any other provision of Article 4.8: a) An International Federation may propose, and a National Anti -Doping Organization may agree to, the delegation of some or all of the whereabouts responsibilities of the International Federation under Article 4.8 to the National Anti -Doping Organization or Doping Control Coordinator subject to (f) below; b) An International Federation may delegat e some or all of its whereabouts responsibilities under Article 4.8 to the Athlete’s National Federation or Doping Control Coordinator subject to (f) below; or c) A National Anti -Doping Organization may delegate some or all of its whereabouts responsibilities under Article 4.8 to the Athlete’s National Federation, Doping Control Coordinator or other appropriate Anti-Doping Organization with authority over the Athlete in question subject to (f) below; d) Where no appropriate National Anti -Doping Or ganization exists, the National Olympic Committee shall assume the whereabouts responsibilities of the National Anti -Doping Organization set out in Article 4.8; and e) Where WADA determines that the International Federation or National Anti-Doping Organization (as applicable) is not discharging some or all of its whereabouts responsibilities under Article 4.8, WADA may delegate some or all of those responsibilities to any other appropriate Anti-Doping Organization.
f) At all times the Anti -Doping Organization (whether the International Federation, National Anti -Doping Organization or other Anti -Doping Organization with authority over the Athlete in question) that delegates its responsibilities (in whole or in part) to a National Federation or Doping Control Coordinator remains ultimately responsible for the acts and/or omissions of such entity to whom it has delegated authority.
4.8.14.2 A National Federa tion must use its best efforts to assist its International Federation and/or National Anti -Doping Organization (as applicable) in collecting whereabouts from Athletes who are subject to that National Federation’s authority, including (without limitation) m aking special provision in its rules for that purpose.
4.8.14.3 An Athlete may choose to delegate the task of filing their whereabouts (and/or any updates thereto) to a third party, such as a coach, a manager or a National Federation, provided that the third party agrees to such ISTI – Effective 1 January 2023 Page 39 of 92 delegation.
The Anti -Doping Organization collecting the Athlete’s whereabouts may require written notice of any agreed delegation to be filed with it, signed by both the Athlete in question and the third party delegate.
[Comment to 4.8.14.3: For example, an Athlete participating in a Team Sport or other sport where competing and/or trai ning is carried out on a collective basis, may delegate the task of filing their whereabouts to the team, to be carried out by a coach, a manager or a National Federation.
Indeed, for the sake of convenience and efficiency, an Athlete in such a sport may delegate the filing of their w hereabouts to their team not only in respect of periods of Team Activities but also in respect of periods where they are not with the team, provided the team agrees.
In such circumstances, the Athlete will need to provide the information as to their individual whereabouts for the period in question to the team, to supplement the information it provides in relation to Team Activities .]
4.8.14.4 In all cases, however, including in the case of Athletes in Team Sports : a) Each Athlet e remains ultimately responsible at all times for filing accurate and complete w hereabouts and for being available for Testing at the times and locations specified in their whereabouts , whether they make each filing personally or delegate the task to a third party .
When an Athlete is subject to whereabouts requirements, whether included in a Registered Testing Pool or Testing pool, the Athlete cannot use as a defence to avoid applicable C onsequences , that they delegated such responsibility to a third party and the third party failed to comply with the applicable whereabouts requirements .
b) For Athletes in a Registered Testing Pool It shall not be a defence to an allegation of a Filing Failure or Missed Test that the Athlete delegated responsibility for filing their whereabouts information for the relevant period to a third party and that third party failed to file the correct information or failed to update previously -filed information so as to ensure that the whereabouts information in the Whereabouts Filing for the day in question was current and accurate.