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4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review WBF ’s decision not to recogniz e 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 WBF ’s decision to grant a TUE that is referred to WADA by the Athlete’s Natio nal 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 WBF (or by a National Anti -Doping Organization where it has agreed to consider the application on behal f of WBF ) that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be appealed by the 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 c onduct in accordance with Artic le 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
WBF 2021 Anti -Doping Rules Page 17 of 67 Athlete and/or the Athlete’s National Anti -Doping Organization , exclusively to CAS.23 4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti -Doping Organization and/or WBF , 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 WBF 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 Sub stance 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, WBF shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to t hese Anti -Doping Rules ( Section “Scope of these Anti -Doping Rules ”).
5.2.2 WBF 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 .
23 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the WBF ’s TUE decision, not WADA’s decision not to review the TUE decision o r (having reviewed it) not to reverse the TUE decision.
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision.
In any event, whether the decision has been reviewed by WADA or not, WADA shall b e given notice of the appeal so that it may participate if it sees fit.]
24 [Comment to Article 5.1: Where Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti -Doping Organ ization’s rules.
See, e.g., Comment to Article 23.2.2 of the Code.]
25 [Comment to Article 5.2.2: WBF may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories.
Unless the Athlete has identi fied 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, WBF 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 WBF had sufficient suspicion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.]
WBF 2021 Anti -Doping Rules Page 18 of 67 5.2.4 If WBF 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 a re performed, WBF 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 , WBF (or other internatio nal 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 WBF (or other internationa l organization which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with WBF (or the relevant ruling body of the Event ).
5.3.2 If an Anti-Doping Organization , which would otherwise h ave 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 WBF (or other internatio nal 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 WBF (or other international organization which is the ruling body o f 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 WBF (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 authoriza tion 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 The overall costs of Testing and Sample analysis is the responsibility of the National Federation of the country in which the Competition or Event is taking place.
WBF may at its own discretion decide to take responsibility for thos e costs.
26 [Comment to Article 5.3.2: Before giving ap proval to a National Anti -Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event.
Before gi ving 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 agre ements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process.]
WBF 2021 Anti -Doping Rules Page 19 of 67 5.4 Testing Requirements 5.4.1 WBF 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 .
5.5 Athlete Whereabouts Information 5.5.1 WBF may establish a Registered Testing Pool of those Athletes who are required to provide whereabou ts 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.
WBF shall coordinate with National Anti -Doping Organizati ons to identify such Athlete s and to collect their whereabouts information.
5.5.2 WBF shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name.
WBF shall regularly review and update as nece ssary 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 crit eria.
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 International Standard for Testing and Investigations.
5.5.3 Where an Athlete is included in an international Registered Testing Pool by WBF and in a national Registered Testing Pool by their National Anti -Doping Organization , the National Anti -Doping Organization and WBF 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 Registe red Testing Pool shall do the following: (a) advise WBF 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 su ch 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 Internati onal Standard for Results Management , where the conditions set forth in Annex B are met.
5.5.6 An Athlete in WBF ’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the Internationa l Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to WBF that he or she has retired or (b) WBF has informed him or her that he or she no longer satisfies the criteria for inclusion in WBF 's Registered Testing P ool.
WBF 2021 Anti -Doping Rules Page 20 of 67 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 i nformation 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 result s, 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 Stan dard for the Protection of Privacy and Personal Information.
5.5.8 WBF may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool .
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or before the date required by WBF or the Athlete’s failure to provide accurate whereabouts information may result in consequences defined in Article 5.5.12 below .
5.5.9 In accordance with the International Standard for Testing and Investigations, WBF may establish a Testing Pool and/or other Pool , which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in WBF ’s Registered Testing Pool .
The collecting of whereabouts and the inclusion of Athletes in the Testing Pool or other Pool may be coordinated with the National Federations and/or the National Anti -Doping Organisation s and the WBF may allocate the responsibility to collect Testing Pool or other Pool Athletes whereabouts information to its National Federations .
5.5.10 WBF 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 5.5.1 1 and 5.5.1 2.
5.5.11 Athletes included in the Testing Pool shall provide WBF at least with the following whereabouts information so that they may be locat ed and subjected to Testing : (a) An overnight address; (b) Competition / Event schedule; and (c) Regular training activities.
Such whereabouts information sh ould 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 WBF or the Athlete ’s failure to provide accurate whereabouts information might result in WBF elevating the Athlete to WBF ’s Registered Testing Pool (if one is establ ished) and additional appropriate and proportionate non -Code Article 2.4 consequences, established by WBF if any .
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in WBF ’s Registered Testin g 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 WBF 2021 Anti -Doping Rules Page 21 of 67 the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to WBF and their National Anti -Doping Organization .
WADA , in consultation with WBF 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 Article 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 .
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 retiremen t. If the Athlete then wishes to return to active competition in sport, 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 noti ce (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 WBF and to their National Anti -Doping Organization .
5.7 Independent Observer Program WBF and the organ izing committees for WBF ’s Events , as well as the National Federations 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 analy zed 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 WBF .
28 6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means.
This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories.
27 [Comment to Article 5.6.1: W ADA has developed a protocol and exemption application form that Athletes must use to make such requests, and a decision template that the International Federations must use.
Both documents are available on WADA’s website at https://www.wada -ama.org .]
28 [Comment to Article 6.1: Violations of Article 2.1 may be establishe d only by Sample analysis performed by a WADA -accredited laboratory or another laboratory approved by WADA.
Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.]
WBF 2021 Anti -Doping Rules Page 22 of 67 6.2 Purpose of Analysis of Samples and Data Samples and related analytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the monitoring program described in Article 4.5 of the Code , or to assist WBF in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling , or for any other legitimate anti -doping purpose.29 6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti -doping research purposes , although no Sample may be used for research without the Athlete's written consent.
Samples and related analytical data or Doping Control informa tion used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete .
Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code .30 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code , WBF shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations.
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by WBF .
Results from any such analysis shall be reported to WBF and have the same validity and Consequences as any other analytical result.31 6.5 Further Analysis of a Sample Prior to or During Results M anagement There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time WBF notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge.
If after such notification WBF wishes to conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body .
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti -Doping Rule Violation Charge 29 [Comment to Article 6.2: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.]
30 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research.
Samples and related information used for such pe rmitted non -research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code , as well as the requirements of the Inter national Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.]
31 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample anal ysis menu so as to most effectively and efficiently detect doping.
It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.]
WBF 2021 Anti -Doping Rules Page 23 of 67 After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization that initiated and directed Sample collection or WADA .
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysi s on a stored Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA , and shall be responsible for any follow -up Results Management .
Any Sample storage or further analysis initiated by WAD A or another Anti-Doping Organization shall be at WADA ’s or that organization's expense.
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.
6.7 Split of A or B Sample Where WADA , an Anti-Doping Organization with Results Management authority , and/or a WADA -accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority ) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.
6.8 WADA ’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization .
Upon request by WADA , the laborato ry or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data .
If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data , it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession.
After analysis and any investigation of a seized Sample or data , WADA may direct another Anti-Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.32 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti -doping rule violation matters in a fair, expeditious and efficient manner.
7.1 Responsibility for Conducting Results Management 32 [Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non -compliance as provided in the International Standard for Code Compliance by Signatori es, and could also constitute a violation of the International Standard for Laboratories.
Where necessary, the laboratory and/or the Anti -Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applic able country.
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potenti al anti-doping rule violation, non -compliance by a Signatory or doping activities by another Person.
However, the de cision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge.
In particular, whether there is good cause or not shall not be a defense against an anti -doping rule violation or its Consequences. ]
WBF 2021 Anti -Doping Rules Page 24 of 67 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organiz ation that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organization which first provides notice to an Athlete or other Person of a potential anti -doping rule violation and then diligently pursues that anti-doping rule violation).
7.1.2 In circumstances where the rules of a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or memb er of a sport organization of that country, or the National Anti -Doping Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable International Federation.