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The term “open category” is meant to exclude competition that is limited to junior or age group categories.]
81 [Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case.
Following a Provisional Hearing, the Rower remains entitled to a subsequent full hearing on the merits of the case.
By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.]
82 [Comment to Recreational Rower: The term “open category” is meant to exclude competition that is limited to junior or age group categories.]
FISA 2021 Anti-Doping Bye-Laws Page 66 of 67 Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs.
However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed by any Rower over whom an Anti-Doping Organisation has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.
For purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping information and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organisation accepting the Code is a Rower.83 Sample or Specimen : Any biological material collected for the purposes of Doping Control .84 Signatories : Those entities accepting the Code and agreeing to implement the Code, as provided in Article 23 of the Code.
Specified Method: See Article 4.2.2.
Specified Substance : See Article 4.2.2.
Strict Liability : The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault, Negligence , or knowing Use on the Rower’s part be demonstrated by the Anti-Doping Organisation in order to establish an anti-doping rule violation.
Substance of Abuse : See Article 4.2.3.
Substantial Assistance : For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or recorded interview all information he or she possesses in relation to anti-doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully cooperate with the investigation and adjudication of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organisation or hearing panel.
Further, the information provided must be credible and must comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding could have been brought.
Tampering : Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods .
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample, affecting or making impossible the analysis of a Sample, falsifying documents submitted to an Anti-Doping Organisation or TUE committee or hearing panel, procuring false testimony from witnesses, committing any other fraudulent act upon the Anti-Doping Organisation or hearing body to affect Results Management or the imposition of Consequences , and any other similar intentional interference or Attempted interference with any aspect of Doping Control .85 83 [Comment to Rower: Individuals who participate in sport may fall in one of five categories: 1) International-Level Rower, 2) National-Level Rower, 3) individuals who are not International- or National-Level Rowers but over whom the International Federation or National Anti-Doping Organisation has chosen to exercise authority, 4) Recreational Rower, and 5) individuals over whom no International Federation or National Anti-Doping Organisation has, or has chosen to, exercise authority.
All International- and National-Level Rowers are subject to the anti-doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti-doping rules of the International Federations and National Anti-Doping Organisations.]
84 [Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups.
It has been determined that there is no basis for any such claim.]
85 [Comment to Tampering: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a foreign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process.
Tampering includes misconduct which occurs during the Results Management.
See Article 10.9.3.3.
However, actions taken as part of a Person's legitimate defense to an anti-doping rule violation charge shall not be considered Tampering.
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organisations.]
FISA 2021 Anti-Doping Bye-Laws Page 67 of 67 Target Testing : Selection of specific Rowers for Testing based on criteria set forth in the International Standard for Testing and Investigations.
Team Sport : A sport in which the substitution of players is permitted during a Competition .
Technical Document : A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti-doping topics as set forth in an International Standard .
Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.
Testing Pool : The tier below the Registered Testing Pool which includes Rowers from whom some whereabouts information is required in order to locate and Test the Rower Out-of-Competition .
Therapeutic Use Exemption (TUE) : A Therapeutic Use Exemption allows a Rower with a medical condition to Use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.
Trafficking : Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by a Rower, Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organisation to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance Used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
UNESCO Convention : The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.
Use: The utilisation, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method .
WADA: The World Anti-Doping Agency.
Without Prejudice Agreement : For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organisation and a Rower or other Person that allows the Rower or other Person to provide information to the Anti-Doping Organisation in a defined time-limited setting with the understanding that, if an agreement for Substantial Assistance or a case resolution agreement is not finalised, the information provided by the Rower or other Person in this particular setting may not be used by the Anti-Doping Organisation against the Rower or other Person in any Results Management proceeding under the Code, and that the information provided by the Anti-Doping Organisation in this particular setting may not be used by the Rower or other Person against the Anti-Doping Organisation in any Results Management proceeding under the Code.
Such an agreement shall not preclude the Anti-Doping Organisation , Rower or other Person from using any information or evidence gathered from any source other than during the specific time-limited setting described in the agreement.
WORLD SKATE ANTI -DOPING RULES JANUARY 1, 20 21 Version 2 Amended 23 April 2021 Adopted World Skate Executive Board 14 May 2021 World Skate Anti -Doping Rules Page 2 of 67 Based on 2021 World Anti -Doping Code TABLE OF CONTENTS INTRODUCTION ................................ ................................ ................................ ................................ ........... 3 ARTICLE 1 DEFINITION OF DOPING ................................ ................................ ................................ ... 6 ARTICLE 2 ANTI -DOPING RULE VIOLATIONS ................................ ................................ ................... 6 ARTICLE 3 PROOF OF DOPING ................................ ................................ ................................ ......... 10 ARTICLE 4 THE PROHIBITED LIST ................................ ................................ ................................ .... 12 ARTICLE 5 TESTING AND INVESTIGATIONS ................................ ................................ ................... 17 ARTICLE 6 ANALYSIS OF SAMPLES ................................ ................................ ................................ 22 ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ................................ ................................ ....................... 24 ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ................................ ................................ ................................ .......................... 27 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ................................ .... 29 ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................ ................................ ....................... 29 ARTICLE 11 CONSEQUENCES TO TEAMS ................................ ................................ ........................ 42 ARTICLE 12 SANCTIONS BY WORLD SKATE AGAINST OTHER SPORTING BODIES .................. 43 ARTICLE 13 RESULTS MANAGEMENT: APPEALS ................................ ................................ .......... 44 ARTICLE 14 CONFIDENTIALITY AND REPORTING ................................ ................................ ........... 48 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................ ................................ ............... 52 ARTICLE 16 STATUTE OF LIMITATIONS ................................ ................................ ............................ 53 ARTICLE 17 EDUCATION ................................ ................................ ................................ ...................... 53 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ....... 53 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF WORLD SKATE ......................... 55 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ................................ .
55 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ................................ ................................ ................................ ..................... 56 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES ................................ ................................ ......................... 56 ARTICLE 23 INTERPRETATION OF THE CODE ................................ ................................ ................. 57 ARTICLE 24 FINAL PROVISIONS ................................ ................................ ................................ ......... 57 APPENDIX 1 DEFINITIONS ................................ ................................ ................................ .................... 60 World Skate Anti -Doping Rules Page 3 of 67 WORLD SKATE ANTI -DOPING RULES INTRODUCTION Preface These Anti -Doping Rules are adopted by World Skate Executive Board on 23 June 2020 and implemented in accordance with World Skate 's responsibilities under the Code , and in furtherance of World Skate 's continuing efforts to eradicate doping in sport.
These Anti -Doping Rules are sport rules governing the conditions under which sport is played.
Aimed at enforcing anti -doping rules in a global and harmonized manner, th ey are distinct in nature from criminal and civil laws.
They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner whi ch respects the principles of proportionality and human rights.
When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti -Doping Rules , which implement the Code , and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport.
As provided in the Code , World Skate shall be responsible for conducting all aspects of Doping Control .
Any aspect of Doping Control or anti -doping Education may be delegated by World Skate to a Delegated Third Party , such as the International Testing Agency (ITA), however, World Skate shall require the Delegated Third Party to perform such aspects in compliance with the Code , International Standards , and these Anti -Doping Rules.
World Skate may delegate its adjudication responsibilities and Results Management to the CAS Anti-Doping Division.
When World Skate has delegated its responsibilities to implement part or all of Doping Control to the Delegated Third Party , any reference to World Skate in these Rules should be intended as a reference to that Delegated Third Party , where applicable and within the context of the aforementioned delegation.
World Skate shall always remain full y responsible for ensuring that any delegated aspects are perform ed in compliance with the Code .
Italicized t erms in these Anti -Doping Rules are defined terms in Appendix 1.
Unless otherwise specified, references to Articles are references to Articles of the se Anti -Doping Rules.
Fundamental Rationale for the Code and World Skate 's Anti -Doping Rules Anti-doping programs are founded on the intrinsic value of sport.
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through th e dedicated perfection of each Athlete’s natural talents.
Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods .
Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.
The spirit of sport is the celebration of the human spirit, body and mind.
It is the essence of Olympism and is reflected in the values we find in and through sport, including: • Health • Ethics, fair play and honesty World Skate Anti -Doping Rules Page 4 of 67 • Athletes’ rights as set forth in the Code • Excellence in performance • Character and Education • Fun and joy • Teamwork • Dedication and commitment • Respect for rules and laws • Respect for self and other Participants • Courage • Community and solidarity The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.
WORLD SKATE ANTI -DOPING HISTORY World Skate condemns doping as fundamentally contrary to the spirit of sport and upholds the principles of Fairness, Respect, Responsibility and Safety in Sport .
Historically doping control s have existed in World Skate on an informal basis.
In 1999, following the Lausanne Declaration, World Skate (then FIRS ) adopted its first formal anti -doping policy.
In 2003, World Skate became one of the first International Federations to sign the Code and form ally adopt a WADA compliant anti -doping policy in 2004.
In 2008 the use of ADAMS for all Athletes and anti -doping administration was initiated.
The aim of this policy is to further World Skate’s belief that • All Athletes have the right to participate in doping -free sport and to promote health, fairness and equality for all Athletes worldwide ; and • To promote standardised, effective and coordinated anti -doping programs to ensure detection of doping activities in all Athletes worldwide in all sports and at all levels of participation.
Scope of these Anti -Doping Rules These Anti -Doping Rules shall apply to: (a) World Skate , including its board members, directors, officers, and specified employees , and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (b) each of its National Federations , including their board members, directors, officers, and specified employees , and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (c) the following Athletes , Athlete Support Personnel and other Persons : (i) all Athlete s and Athlete Support Personnel who are members of World Skate , or of any National Federation , or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues ); (ii) all Athletes and Athlete Support Personnel who participate in such capacity in Events , Competitions and other activities organized, convened, authorized or recognized by World World Skate Anti -Doping Rules Page 5 of 67 Skate , or any National Federation , or by any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues) , wherever held; (iii) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of World Skate , or of any National Federation , or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues), for purposes of anti -doping; To be eligible for participation in International Events , an Athlete or Athlete Support Personnel or other Person must have a World Skate license or accreditation issued by his or her National Federation .
A World Skate license or accreditation will only be issued to Athletes or Athlete Support Personnel or other Persons who have personally signed the consent form as provided by World Skate .
All forms from Minors must be counter -signed by their legal guardians ; and (iv) Athletes who are not regular members of World Skate or of one of its National Federations but who want to be eligible to compete in a particular International Event .
Each of the above mentioned Perso ns is deemed, as a condition of his or her participation or involvement in a World Skate sport, to have agreed to and be bound by these Anti -Doping Rules, and to have submitted to the authority of World Skate to enforce these Anti -Doping Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Artic le 13 to hear and determine cases and appeals brought under these Anti -Doping Rules .1 Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti -Doping Rules, the following Athletes shall be considered International -Level Athletes for the purpose s of these Anti -Doping Rules, and, therefore, the specific provisions in these Anti -Doping Rules applicable to International -Level Athletes (e.g., Testing , TUEs , whereabouts, and Results Management ) shall apply to such Athletes : (a) Athletes included in World Skate’s Registered Testing Pool ; (b) Athletes included in any of World Skate’s Testing Pools ; (c) Athletes who compete in any World Skate World Championship in any discipline in the Senior or Open Category; (d) Athletes who compete in the Senior or Open level at World Cup Events ; (e) Athletes who compete in the Senior or Open level at the World Skate Games; (f) Athletes who compete in any 5 -star or Pro -Tour Event or any skateboarding qualifier events for the Olympic Games or other Major Events , sanctioned, recognized and/or organized by World Skat e. Athletes shall not be considered International -Level Athletes if they have not competed in any of the above Events or categories in the current or preceding competition year.
1 [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti -doping rule violation unde r the Code for Use or Possession of a Prohibited Substance or Prohibited Method.
Rather, such Person would only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.
10 (Proh ibited Association) and 2.11 (Retaliation).
Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article 21.3.
Also, the obligation to require an employee to be bound by the Code is subje ct to applicable law.
World Skate shall ensure that, as per Article 19 of these Anti -Doping Rules, any arrangements with their board members, directors, officers, and specified employees , as well as with the Delegated Third Parties and their employees – either employment, contractual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree to comply with these Anti -Doping Rules, and agree on the World Skate’s authority to solve the anti -doping cases.]
World Skate Anti -Doping Rules Page 6 of 67 ARTICLE 1 DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti -doping rule violations set forth in Article 2.1 through Article 2.1 1 of these Anti -Doping Rules.
ARTICLE 2 ANTI -DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which consti tute anti -doping rule violations.
Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.
Athletes or other Persons shall be responsible for knowing what constitutes an anti -doping rule vio lation and the substances and methods which have been included on the Prohibited List .
The following constitute anti -doping rule violations: 2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample 2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies.
Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples .
Accordingly, it is not necessary that in tent, Fault , Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation under Article 2.1.
2 2.1.2 Sufficient proof of an anti -doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample is analyzed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample ; or where the Athlete’s A or B Sample is split into two (2) parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample .3 2.1.3 Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document , the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti -doping rule violation.
2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List , Internat ional Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances .
2 [Comment t o Article 2.1.1: An anti -doping rule violation is committed under this Article without regard to an Athlete’s Fault.
This rule has been referred to in various CAS decisions as “Strict Liability”.
An Athlete’s Fault is taken into consideration in d eterminin g the Consequences of this anti -doping rule violation under Article 10.
This principle has consistently been upheld by CAS.]
3 [Comment to Article 2.1.2: The Anti -Doping Organization with Results Management responsibility may, at its discretion, choose t o have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.]
World Skate Anti -Doping Rules Page 7 of 67 2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method 4 2.2.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is Used .
Accordingly, it is not necessary that intent, Fault , Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation for Use of a Prohibited Substance or a Prohibited Method .
2.2.2 The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material.
It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti -doping rule violation to be committed.5 2.3 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notification by a duly authorized Person .6 2.4 Whereabouts Failures by an Athlete Any combination of three (3) missed tests and/or filing failures , as defined in the International Standard for Results Management , within a twelve (12) month period by an Athlete in a Registered Testing Pool.
2.5 Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person 2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Support Person 2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Out -of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of- 4 [Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means.
As noted in the Comment to Article 3.2, unlike the proof required to establish an a nti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data colle cted as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirem ents to establish “Presence” of a Prohibited Substance under Article 2.1.
For example, Use may be established based upon reliab le analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti -Doping Organization provides a satisfactory explanation for the lack of confirmation in the ot her Sample.]
5 [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part.
The fact that intent may be required to prove this particular anti -doping rule vio lation does not undermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect o f Use of a Prohibited Substance or Prohibited Method.
An Athlete’s Use of a Prohibited Substance constitutes an a nti-doping rule violation unless such substance is not prohibited Out -of-Competition and the Athlete’s Use takes place Out -of-Competition.
(However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In -Competition i s a violation of Article 2.1 regardless of when that substance might have been administered .)]
6 [Comment to Article 2.3: For example, it would be an anti -doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing.
A violation of “fail ing to submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing” S ample collection contemplates intentional conduct by the Athlete.]
World Skate Anti -Doping Rules Page 8 of 67 Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption (“TUE”) granted in accordance with Article 4.4 or other acceptable justification.