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(c) When an applic ation to the WKF for the grant or recognition of a TUE is made, three (3) members (which may include the Chair) shall be appointed to consider the application.
(d) Before considering a TUE application, each member shall disclose any circumstances likely to a ffect 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, a replacement or a new TUEC shall be appointed (e.g., from the pre -established pool of candidates).
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one ( 21) days of receipt of a complete application.
Where the application is made in a reasonable time prior to an Event , the TUE C must use its best endeavors to issue its decision before the start of the Event .
21 [Comment to Article 4.4.
4: The submission of falsified documents to a TUEC or the WKF , 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 a ny other similar intentional interference or Attempted interference with any aspect of th e 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 g ranted.
Any Use or Possession or Adm inistration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.]
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 15 of 66 4.4.4.5 The TUEC decision shall be the final decision of the WKF and may be appealed in accordance with Article 4.4.
7.
The WKF 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 the WKF (or the National Anti -Doping Organization , where it has agreed to consider the application on behalf of the WKF ) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If the WKF grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organization .
If the National Anti -Doping Organization considers that the TUE granted by the WKF does not m eet 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 the WKF 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 Organizat ion does not refer the matter to WADA for review, the TUE granted by the WKF 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 the WKF 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, the WKF 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 TUE C upon grant of the TUE; (c) may be withdrawn by the TUE C if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be 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 r eversal, shall include consideration of whether such finding is consistent with Use of World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 16 of 66 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 the WKF ’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 the WKF ’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organization .
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative.
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it.
If the TUE decision does not meet those criteria, WADA will reverse it.22 4.4.7.2 Any TUE decision by the WKF (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of the WKF ) 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 , exclusi vely 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 the WKF , 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 INVE STIGATIONS 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 the WKF 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 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 cases, the decision being appealed is the WKF ’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, whet her the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
24 [Comment to Article 5.1: Where Testing is 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 .]
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 17 of 66 Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 ( Use or Attempted Use by an Athlete of a Prohibit ed Substance or a Prohibited Method ).
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, the WKF 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 The WKF 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 the WKF 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 anal ysis at the National Anti -Doping Organization’s expense .
If additional Samples are collected or additional types of analysis are performed, the WKF 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 , the WKF (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 the WKF (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 the WKF (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 the WKF (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 the WKF (or other internat ional 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 determine how to coordinate such Testing .
WADA shall not grant approval for 25 [Comment to Article 5.2.2: The WKF may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories.
Unless the Athlete has identified a sixty ( 60) minute Testing window between the hours of 11:00 p.m. and 6 :00 a.m., or has otherwise consented to Testing during that period, the WKF 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 the WKF had sufficient suspicion for Testing duri ng this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.]
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 18 of 66 such Testing before consulting with and informing the WKF (or other international organization which is the ruling body for the Event ).
WADA’s decision shall be final and not subject to appeal.
Unless otherwise provided in the authorization to conduct Testing , such tests shall be considered Out-of-Competition tests .
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event .26 5.3.3 Every organizer of the WKF’s International Events must plan for Testing to take place and must ensure that, during the Event , the necessary facilities, Sample collection materials and Testing personnel are available, and the Testing procedures are correctly applied in accordance with the International Sta ndard for Testing and Investigation s and pursuant to instructions issued by the WK F. 5.3.4 At the WKF’s International Events , where the WKF is the ruling body, the WKF shall be responsible for coordinating Testing , in accordance with these Anti -Doping Rules.
5.3.5 The overall costs of Testing and Sample analysis s hall be the responsibility of the organizing committee and/or the National Federation of the country in which the Event is taking place.
The WKF may at its own discretion decide to take responsibility for those costs.
In any event, the WKF shall have the right to select or approve the Sample collection agency or laboratory for the Event .
5.4 Testing Requirements 5.4.1 The WKF 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 The WKF has establish ed a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Article 2.4 violation s as provided in Article 10.3.2.
The WKF shall coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information.
5.5.2 The WKF shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name.
The WKF 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 26 [Comment to Article 5.3.2: Before giving approval to a National Anti -Doping Organization to initiate and conduct Testing at an International Event, WADA shall 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 Nati onal 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 Samp le collection or other aspects of the Doping Control process.]
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 19 of 66 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 the WKF and in a national Registered Testing Pool by their National Anti-Doping Organization , the National Anti -Doping Organization and the WKF shall agree between themselves which of them shall accept that Athlete's whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them.
5.5.4 In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (a) advise the WKF 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 the WKF ’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to the WKF that he or she has retired or (b) the WKF has informed him or her that he or she no longer satisfies the criteria for inclusion in the WKF '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 information relevant to the Athlete Biological Passport or other analytical resul ts, 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 Sta ndard for the Protection of Privacy and Personal Information.
5.5.8 The WKF 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 the WKF or the Athlete ’s failure to provide accurate whereabouts information may result in the consequences defined in Article 5.5.12 below.
5.5.9 In accordance with the International Standard for Testing and Investigations, the WKF may establish a Testing Pool and/or other pool , which includes Athletes who are subject to less s tringent whereabouts requirements than Athletes included in the WKF ’s Registered Testing Pool .
5.5.10 The WKF shall notify Athletes before they are included in the Testing Pool and when they are removed.
Such notification shall include the whereabouts World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 20 of 66 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 the WKF at least with the following whereabouts information so that 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 .
5.5.12 An Athlete ’s failure to provide whereabouts information on or before the date required by the WKF or the Athlete ’s failure to provide accurate whereabouts information might result in the WKF elevating the Athlete to the WKF ’s Registered Testing Pool and additional appropriate and proportionate non -Code Article 2.4 consequences, established by the WKF if any.
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in the WKF ’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in Internat ional Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to the WKF and their National Anti -Doping Organization .
WADA , in consultation with the WKF 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.
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 .
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 notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to the WKF and to their National Anti -Doping Organization .
5.7 Independent Observ er Program The WKF and the organizing committees for the WKF ’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 .
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 21 of 66 ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Accredited , Approved Laboratories and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA -accredited laboratories or laboratories otherwise approved by WADA .
The choice of the WADA -accredited or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by the WKF .
27 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.
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 Lis t 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 the WKF 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.28 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.