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The Prohibited List may be expanded by WADA for a particular sport.
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.18 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.19 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 Subst ances 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 17 [Comment to Article 4.1: The current Prohibited List is available on WADA's website at https://www.wada -ama.org .
The Prohibited List will b e revised and published on an expedited basis whenever the need arises.
However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.]
18 [Comment to Article 4.2.1: Out -of-Competition Use of a Substance which is only prohibited In -Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the Substance or its Metabolites or Markers is reported for a Sample collected In -Competition.]
19 [Comment to Article 4.2.2: The Specified Substances and Specified Methods identified in Article 4.2.2 should not in any way be considered less 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. ]
TWIF 2021 Anti -Doping Rules v1 Page 13 of 67 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 Exem ptions (“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 Organi sation for a TUE.
If the National Anti -Doping Organi sation 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 TWIF .
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organi sation 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 Exemption s, TWIF will automatically recogni se it for purposes of international -level Competition without the need to review the relevant clinical information .
4.4.3.
2 If TWIF chooses to test an Athlete who is not an International -Level Athlete , TWIF must recogni se a TUE granted to that Athlete by their National Anti -Doping Organi sation 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 20 [Comment to Article 4.4.3: If TWIF refuses to recognise a TUE granted by a National Anti -Doping Organisation only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the Interna tional Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA.
Instead, t he file should be completed and re-submitted to TWIF.]
[Comment to Article 4.4.3: TWIF may agree with a National Anti -Doping Organisation that the National Anti -Doping Organisation will consider TUE applications on behalf of TWIF.]
21 [Comment to Article 4.4.4: The submission of falsified documents to a TUEC or TWIF, 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.]
TWIF 2021 Anti -Doping Rules v1 Page 14 of 67 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organi sation for the substance or method in question, the Athlete must apply directly to TWIF .
4.4.4.2 An application to TWIF 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 TWIF ’s website.
4.4.4.3 TWIF shall establish a Therapeutic Use Exemption Committee (“TWIF TUEC” ) to consider applications for the grant or recognition of TUEs .
in accordance with Article 4.4.4.3(a) -(d) below : (a) The TWIF TUEC , which can be outsourced and operated by a Delegated Third Party , 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.
Each appointed member sh ould serve a term of four (4) years which is renewable .
(b) Before serving as a member of the TWIF TUEC, each member must sign a conflict of interest and confidentiality declaration.
The appointed members shall not be employees of TWIF .
(c) When an application to TWIF for the grant or recognition of a TUE is made , the Chair of the TWIF TUEC or the TWIF shall appoint three (3) members (which may include the Chair) 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, the Chair or the TWIF shall appoint a replacement from the pool of members appointed under point (a) above .
The Chair cannot serve as a member of the TWIF TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TWIF 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 TWIF TUEC must use its best endeavours to issue its decision before the start of the Event .
4.4.4.5 The TWIF TUEC decision shall be the final decision of TWIF and may be appealed in accordance with Article 4.4.
7.
TWIF TUEC decision shall be notified in writing to the Athlete , and to WADA and other Anti-Doping Organi sations in accordance with the International Standard for Therapeutic Use Exemptions .
It shall also promptly be reported into ADAMS .
TWIF 2021 Anti -Doping Rules v1 Page 15 of 67 4.4.4.6 If TWIF (or the National Anti-Doping Organi sation , where it has agreed to consider the application on behalf of TWIF ) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If TWIF grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organi sation .
If the National Anti -Doping Organi sation considers that the TUE granted by TWIF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days f rom such notification to refer the matter to WADA for review in accordance with Article 4.4.
7.
If the National Anti -Doping Organi sation refers the matter to WADA for review, the TUE granted by TWIF 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 Organi sation does not refer the matter to WADA for review, the TUE granted by TWIF 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 TWIF 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, TWIF 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 TWIF TUEC upon grant of the TUE; (c) may be withdrawn by the TWIF 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 the Prohibited Substance or Prohibited Method prior to that date, in which event no anti -doping rule violation shal l be asserted.
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review TWIF ’s decision not to recogni se a TUE granted by the National Anti -Doping Organi sation that is referred to WADA by the Athlete or the Athlete’s National Anti-Doping Organi sation .
In TWIF 2021 Anti -Doping Rules v1 Page 16 of 67 addition, WADA must review TWIF ’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organi sation .
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 TWIF (or by a National Anti -Doping Organi sation where it has agreed to consider the application on behalf of TWIF ) 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 Organi sation , 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 Organi sation and/or TWIF , 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 TWIF 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, TWIF 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 ”).
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 c ases, the decision being appealed is the TWIF’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 reviewe d by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
24 [Comment to Ar ticle 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 Organisation’s rules.
See, e.g., Comment to Article 23.2.2 of the Code.]
TWIF 2021 Anti -Doping Rules v1 Page 17 of 67 5.2.2 TWIF 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 TWIF delegates or contracts any part of Testing to a National Anti -Doping Organi sation directly or through a National Federation , that National Anti -Doping Organi sation may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti -Doping Organi sation’s expense .
If additional Samples are collected or additional types of analysis are performed, TWIF shall be notified.
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organi sation shall have authority to conduct Testing at Event Venues during an Event Period .
At International Events , TWIF (or other international organi sation which is the ruling body for an Event ) shall have authority to conduct Testing .
At National Events , the National Anti -Doping Organi sation of that country shall have authority to conduct Testing .
At the request of TWIF (or other international organi sation which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with TWIF (or the relevant ruling body of the Event ).
5.3.2 If an Anti-Doping Organi sation , 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 Organi sation shall first confer with TWIF (or other international organi sation which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing .
If the Anti-Doping Organi sation is not satisfied with the response from TWIF (or other in ternational organi sation which is the ruling body of the Event ), the Anti-Doping Organi sation 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 TWIF (or other international organi sation which is the ruling body for the Event ).
WADA’ s decision shall be final and not subject to appeal.
Unless otherwise provided in the authori sation 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 Organi sation initiating the test unless provided otherwise in the rules of the ruling body of the Event .26 25 [Comment to Article 5.2.2: TWIF may obtain additional authority to conduct Testing by means of bilateral or multilateral agre ements 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, TWIF 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 TWIF had sufficient suspicion for Testing during this time period shall not be a defence to an anti -doping rule violation based on such test or attempted test.]
26 [Comment to Article 5.3.2: Before giving approval to a National Anti -Doping Organisation to initiate and conduct Testing at an International Event, WADA shall consult with the international organisation which is the ruling body for the Event.
Before gi ving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti-Doping Organisation of the country where the Event takes place.
The Anti -Doping Organisation “initiating and directing TWIF 2021 Anti -Doping Rules v1 Page 18 of 67 5.3.3 The overall costs of Testing and Sample analysis is the responsibility of the organi sing committee and/or the National Federation of the country in which the Competition or Event is taking place.
TWIF may at its own discretion decide to take responsibility for those costs or part thereof .
5.4 Testing Requirements 5.4.1 TWIF 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 maximi se the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing .
5.5 Athlete Whereabouts Information 5.5.1 TWIF may establish a Registered Testing Pool , or Testing Pool , the details of which are described in Articles 5.5.9 to 5.5.11, 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.
TWIF shall coordinate with National Anti -Doping Organi sations to identify such Athlete s and to collect their whereabouts information.
5.5.2 TWIF shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool or Testing Pool by name.
TWIF shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool or Testing Pool , and shall periodically (but not less than quarterly) review the list of Athletes in its Registered Testing Pool or 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 or 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 or Testing Pool by TWIF and in a national (Registered ) Testing Pool by their National Anti -Doping Organi sation , the National Anti -Doping Organi sation and TWIF 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 or Testing Pool shall do the following: (a) advise TWIF 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 him self or herself available for Testing at such whereabouts.
Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates resp onsibility for Sample collection or other aspects of the Doping Control process.]
TWIF 2021 Anti -Doping Rules v1 Page 19 of 67 5.5.5 For purposes of Article 2.4, (applicable only to whereabouts failures for Athletes in TWIFs Registered Testing Poo l) 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.
(For athletes in the TWIF Testing Pool see 5.5.12) 5.5.6 An Athlete in TWIF ’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 (for TWIF ’s Testing Pool , see the requirement in Article 5.5.11) unless and until (a) the Athlete gives written notice to TWIF that he or she has retired or (b) TWIF has informed him or her that he or she no longer satisfies the criteria for inclusion in TWIF 's Registered Testing Pool.