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4.4.2.2. |
Athletes who are International -Level Athletes shall apply to FIS. |
4.4.3 TUE Recognition20 and Methods which are more likely to have been co nsumed or used by an Athlete for a purpose other than the enhancement of sport performance.] |
20 [Comment to Article 4.4.3: If FIS refuses to recogni se a TUE granted by a National Anti -Doping Organi sation only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. |
Instead, the file sho uld be completed and re -submitted to FIS.] |
[Comment to Article 4.4.3: FIS may agree with a National Anti -Doping Organi sation that the National Anti -Doping Organi sation will consider TUE applications on behalf of FIS.] |
FIS Anti -Doping Rules page 20 Edition January 2021 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti-Doping Organisation 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 Internat ional Standard for Therapeutic Use Exemptions , FIS will automatically recognise it for purposes of International -level Competition without the need to review the relevant clinical information. |
4.4.4 TUE Application Process 21 4.4.4.1 If the International -Level Athlete does not already have a TUE granted by their National Anti -Doping Organisation for the substance or method in question, the Athlete must apply directly to FIS . |
4.4.4.2 An application to FIS for grant of a TUE must be made a s 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 FIS’s website. |
4.4.4.3 FIS shall establish a panel ( Therapeutic Use Exemption Committee (“TUEC”)) to consider applications for the grant of TUEs in accordance with Article 4.4.4.3 (a) -(d) below: (a) The TUEC shall consist of a Ch air and three (3) other membe rs with experience in the care and treatment of Athletes and sound knowledge of clinical, sports and exercise medicine. |
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration. |
The appointed members shall not be employees of FIS or the respectively appointed Delegated Third Party . |
(c) The Chair will involve one (1) or two (2) more members of the TUEC depending on the medical speciality needed for the TUE evaluation . |
(d) Before considering a TUE application, each member shall disclose to the Chair any circumstances likely to affect their impartiality with respect to the Athlete making the application. |
If a member appointed by the Chair to consider an application is unwilling or unable to assess the Athlete ’s 21 [Comment to Article 4.4.4: The subm ission of falsified documents to a TUEC or FIS, 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 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.] |
FIS Anti -Doping Rules page 21 Edition January 2021 TUE application, for any reason, the Chair may appoint a replacement or appoint a ne w TUEC (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. |
In particular, the Chair cannot decide on applicatio ns when the Athlete applying for a TUE has the same nationality. |
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 TUEC must use its best endeavors to issue its decision before the start of the Event . |
4.4.4.5 The TUEC decision shall be the final decision of FIS and may be appealed in accordance with Article 4.4.7. |
FIS 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 Exemptio ns. |
It shall also promptly be reported into ADAMS . |
4.4.4.6 If FIS (or the National Anti -Doping Organisation , where it has agreed to consider the application on behalf of FIS) denies the Athlete’s application, it must notify the Athlete promptly, with reas ons. |
If FIS 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 Organis ation considers that the TUE granted by FIS does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7. |
If the National Anti -Doping Orga nisation refers the matter to WADA for review, the TUE granted by FIS 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 Organisation does not refer the matter to WADA for review, the TUE granted by FIS 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 FIS 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, FIS must permit that Athlete to apply for a r etroactive TUE. |
FIS Anti -Doping Rules page 22 Edition January 2021 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 an y 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 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 shall be asserted. |
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review any FIS decision to grant a TUE that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organisation . |
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 FIS (or by a National Anti -Doping Organisation where it has agreed to consider the application on behalf of FIS) 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 Organisation 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 Organisation and/or FIS exclusively to CAS. |
22 [Comment to Article 4.4.7.1: WADA shall be entitled to charge a f ee 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 bein g appealed is the FIS’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 d ecision. |
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.] |
FIS Anti -Doping Rules page 23 Edition January 2021 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 specific protocols of FIS 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, FIS 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 FIS 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 FIS delegates or contracts any part of Testing to a National Anti -Doping Organisation (directly or through a National Ski Association ), that National Anti -Doping Organisation may collect additional Samples or direct the laboratory to perform additi onal types of analysis at the National Anti -Doping Organisation ’s expense. |
If additional Samples are collected or additional types of analysis are performed, FIS shall be notified. |
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 Organi sation’s rules. |
See, e.g., Comment to Article 23.2.2 of the Code.] |
25 [Comment to Article 5.2.2: FIS may obtain additional authority to conduct Testing by mea ns 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, FIS will not te st 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 FIS 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.] |
FIS Anti -Doping Rules page 24 Edition January 2021 5.3 Event Testing 5.3.1 Except as otherwise provided below , only a single organisation sh all have authority to conduct Testing at Event Venues during an Event Period . |
At International Events , FIS (or other international organisation which is the ruling body for an Event ) shall have authority to conduct Testing . |
At Natio nal Events , the National Anti -Doping Organisation of that country shall have authority to conduct Testing . |
At the request of FIS (or other international organisation which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with FIS (or the relevant ruling body of the Event ). |
5.3.2 If an Anti-Doping Organisation , 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 Organisation shall first confer with FIS (or any other international org anisation which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing . |
If the Anti-Doping Organisation is not satisfied with the response from FIS (or any other international organisation which is the ruling body of the Event ), the Anti-Doping Organisation 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 FIS (or any other international organisation which is the ruling body for the Event ). |
WADA ’s decision shall be final and not subject to appeal. |
Unless otherwise provided in the authorisation 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 Organisation initiating the test unless provided otherwise in the rules of the ruling body of the Event .26 5.4 Testing Requirements 5.4.1 FIS shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations. |
5.4.2 Where reasonable feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary re petitive Testing . |
5.5 Athlete Whereabouts Information 5.5.1 FIS has established a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the 26 [Comment to Article 5.3.2: Before giving approval t o a National Anti -Doping Organi sation to initiate and conduct Testing at an International Event, WADA shall consul t with the international organi sation which is the ruling body for the Event. |
Before giving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with t he National Anti -Doping Organi sation of the country where the Event takes place. |
The Anti-Doping Organi sation “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibilit y for Sample collection or other aspects of the Doping Control process.] |
FIS Anti -Doping Rules page 25 Edition January 2021 International Standard for Testing and Investigations, and who shall be subject to Consequences for Article 2.4 violations as provided in Article 10.3.2. |
FIS shall coordinate with National Anti -Doping Organisations to identif y such Athlete s and to collect their whereabouts information. |
5.5.2 FIS shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name. |
FIS 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 Te sting 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 FIS and in a national Registered Testing Pool by their National Anti -Doping Organi sation , the National Anti -Doping Organi sation and FIS 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 FIS 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 h imself 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 FIS’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 FIS that he or she has retired or (b) FIS has informed him or her that he or she no longer satisfies the criteria for inclusion in FIS'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 Organisations 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 results, to support an investigation into a potential anti -doping rule violation, or to support proceedings alleging an anti -doping rule violation; and shall be destroyed after FIS Anti -Doping Rules page 26 Edition January 2021 it is no longer relevant for these purposes in accordance with the International Standard for the Protection of Privacy and Personal Information . |
5.5.8 In accordance with the International Standard for Testing and Investigations, FIS has established a n Additional Testing Pool, which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in FIS’s Registered Testing Pool . |
5.5.9 FIS shall notify Athletes before they are included in the Additional 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 5.5.10 and 5.5.11. |
5.5.10 Athletes included in the Additional Testing Pool shall provide FIS with the following whereabouts informati on so that they may be located and subjected to Testing: (a) A home address; (b) Competition / Event schedule; and (c) Regular training activities. |
Such whereabouts information shall be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organi sations . |
5.5.11 An Athlete’s failure to provide whereabouts information on or before the date required by FIS or the Athlete’s failure to provide accurate whereabouts information shall result in FIS elevating th e Athlete to FIS’s Registered Testing Pool. |
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in FIS’s Registered retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to FIS and their National Anti -Doping Organi sation . |
WADA , in consultation with FIS and the Athlete's National Anti -Doping Organi sation , 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 Athle te must notify the Anti-Doping Organisation 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 compet e 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 FIS Anti -Doping Rules page 27 Edition January 2021 retired, if that period was longer than six (6) months) to FIS and to their National Anti -Doping Organisation . |
5.7 Independent Observer Programme FIS and the organi sing committees for FIS’s Events , as well as the National Ski Associations and the organizing committees for National Events, shall authori se and facilitate the Independent Observer Program at such Events . |
ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analysed 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 analysed onl y 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 FIS.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. |
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