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4.2.2 Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List .
No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List .
[Comment to Article 4.2.2: The Specified Substances and Methods identified in Article 4.2.2 should not in any way be considered le ss important or less dangerous than other doping Substances or Methods .
Rather, they are simply Substances and Methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance.]
4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.
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 Prohibit ed 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.
JJIF Anti -Doping Rules 16 | P a g e 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 Internati onal-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 JJIF.
4.4.3 TUE Recognition [Comment to Article 4.4.3: If JJIF 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 Exempti ons, the matter should not be referred to WADA.
Instead, the file should be completed and re -submitted to JJIF.]
[Comment to Article 4.4.3: JJIF may agree with a National Anti -Doping Organization that the National Anti-Doping Organization will consider TUE applications on behalf of JJIF.]
4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organization pursuant to Art icle 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 , JJIF will automatically recognize it for purposes of int ernational -level Competition without the need to review the relevant clinical information .
4.4.3.2 If JJIF chooses to test an Athlete who is not an International -Level Athlete , JJIF must recognize a TUE granted to that Athlete by their National Anti -Dopin g 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 .
JJIF Anti -Doping Rules 17 | P a g e 4.4.4 TUE Application Process [Comment to Article 4.4.4: The submission of falsified documents to a TUEC or JJIF, 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 oth er 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 recognitio n 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.]
4.4.4.1 If the Athlete does not alr eady have a TUE granted by their National Anti -Doping Organization for the substance or method in question, the Athlete must apply directly to JJIF.
4.4.4.2 An application to JJIF 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 JJIF’s website.
4.4.4.3 JJIF shall establish a panel ( Therapeutic Use Exemption Committee (“TUEC”)) to consider applications for the grant or recognition of TUEs .
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accor dance 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 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 JJIF and may be appealed in accordance with Article 4.4.7.
JJIF 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 JJIF (or the National Anti -Doping Organization , where it has agreed to consider the application on behalf of JJIF) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If JJIF grants the Athlete’s application, it must notify not only the Athlete but also their JJIF Anti -Doping Rules 18 | P a g e National Anti -Doping Organization .
If the National Anti -Doping Organization considers that the TUE granted by JJIF 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 JJIF 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 JJIF becomes valid for national -level Competitio n as well when the twenty -one (21) day review deadline expires.
4.4.5 Retroactive TUE Applications If JJIF 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, JJIF 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 JJIF Anti -Doping Rules 19 | P a g e 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 JJIF’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 JJIF’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.
[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.]
4.4.7.2 Any TUE decision by JJIF (or by a National Anti -Dopi ng Organization where it has agreed to consider the application on behalf of JJIF) 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.
[Comment to Article 4.4.7.2: In such cases, the decision being appealed is the JJIF’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 t ime 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 .]
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 JJIF, 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/appea l. JJIF Anti -Doping Rules 20 | P a g e ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations [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.]
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 JJIF 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 ).
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, JJIF 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 JJIF 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.
[Comment to Article 5.2.2: JJIF may obtain additional authority to conduct Testing by means of bilateral or mult ilateral 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, JJIF will not test an Athlete during t hat period unless it has a serious and specific suspicion that the Athlete may be engaged in doping.
A challenge to whether JJIF had sufficient suspicion for Testing during this time period shall not be a defense to an anti -doping rule violation based on s uch test or attempted test.]
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 JJIF 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, JJIF shall be notified.
JJIF Anti -Doping Rules 21 | P a g e 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 , JJIF (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 JJIF (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 JJIF (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 JJIF (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 JJIF (or other in ternational 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 d etermine how to coordinate such Testing .
WADA shall not grant approval for such Testing before consulting with and informing JJIF (or other international organization which is the ruling body for the Event ).
WADA’s decision shall be final and not subject t o 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 .
[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 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 D oping Control process.]
5.4 Testing Requirements 5.4.1 JJIF shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations.
JJIF Anti -Doping Rules 22 | P a g e 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 .
5.5 Athlete Whereabouts Information 5.5.1 JJIF may establish a Registered Testing Pool of those Athlete s 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.
JJIF shall coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information.
5.5.2 JJIF shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name.
JJIF 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 the Registered Testing Pool and when they are removed from that pool.
The notification shall contain the information set out in the Internat ional Standard for Testing and Investigations.
5.5.3 Where an Athlete is included in an international Registered Testing Pool by JJIF and in a national Registered Testing Pool by their National Anti -Doping Organization , the National Anti -Doping Organization and JJIF 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 Sta ndard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (a) advise JJIF 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 JJIF’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements JJIF Anti -Doping Rules 23 | P a g e set in the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to JJIF that he or she has retired or (b) JJIF has informed him or her that he or she no longer satisfies the criteria for inclusion in JJIF's 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 in formation 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 JJIF may, in accordance with the International Standard for Testing and Investigations, collect whereabouts i nformation 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 JJIF or the Athlete’s failure to provide accurate wh ereabouts information shall result in JJIF elevating the Athlete to JJIF’s Registered Testing Pool .
5.5.9 In accordance with the International Standard for Testing and Investigations, JJIF may establish a Testing Pool , which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in JJIF’s Registered Testing Pool .
5.5.10 JJIF 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 JJIF at least with the following whereabouts information so tha t 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 .
JJIF Anti -Doping Rules 24 | P a g e 5.5.12 An Athlete ’s failure to provide whereabouts information on or before the date required by JJIF or the Athlete ’s failure to provide accurate whereabouts information might result in JJIF elevating the Athlete to JJIF’s Registered Testi ng Pool and additional appropriate and proportionate non -Code Article 2.4 consequences, established by JJIF if any.
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in JJIF’s Registered Testing Pool retires and then wishes to return to active participation in 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) mont hs prior written notice to JJIF and their National Anti -Doping Organization .
WADA , in consultation with JJIF and the Athlete's National Anti -Doping Organization , may grant an exemption to the six (6) month written notice rule where the strict application o f that rule would be unfair to the Athlete .
This decision may be appealed under Article 13.
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 .
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.