JAPAN Anti-Doping
Code

Japan Anti-Doping Agency
1 January 2015
Version 1.0

TABLE OF CONTENTSINTRODUCTION ·············································································1
1ARTICLE 1 APPLICATION OF JAPAN ANTI-DOPING CODE AND

CORE RESPONSIBILITIES OF PARTIES RELATED THERETO ············62ARTICLE 2 DEFINITION OF ANTI-DOPING RULE VIOLATIONS 11

3

ARTICLE 3 PROOF OF DOPING ················································184ARTICLE 4 THE PROHIBITED LIST ··········································215ARTICLE 5 TESTING AND INVESTIGATIONS ···························286ARTICLE 6 ANALYSIS OF SAMPLES ·········································357ARTICLE 7 RESULTS MANAGEMENT ········································378ARTICLE 8 DISCIPLINARY PROCEDURE ··································479ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUALRESULTS ······················································································53
10 ARTICLE 10 SANCTIONS ON INDIVIDUALS·····························53
11 ARTICLE 11 CONSEQUENCES TO TEAMS ·································72
12 ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINSTSPORTING BODIES ······································································72
13 ARTICLE 13 APPEALS ·····························································73
14 ARTICLE 14 CONFIDENTIALITY AND REPORTING ···················85
15 ARTICLE 15 APPLICATION AND RECOGNITION OF DECISIONS
90
16 ARTICLE 16 STATUTE OF LIMITATIONS ··································91
17 ARTICLE 17 JADA COMPLIANCE REPORTS TO WADA ··············91
18 ARTICLE 18 EDUCATION ·························································91
19 ARTICLE 19 RESEARCH ···························································93

20 ARTICLE 20 ROLES AND RESPONSIBILITIES OF JAPANESEOLYMPIC COMMITTEE (JOC) ························································95
21 ARTICLE 21 ROLES AND RESPONSIBILITIES OF JAPANESEPARALYMPIC COMMITTEE (JPC) ··················································97
22 ARTICLE 22 ROLES AND RESPONSIBILITIES OF THE JAPANSPORTS ASSOCIATION (JASA) ····················································99
23 ARTICLE 23 ROLES AND RESPONSIBILITIES OF NATIONALSPORTS ORGANISATIONS ························································· 101
24 ARTICLE 24 ROLES AND RESPONSIBILITIES OF ATHLETES AND
ATHLETE SUPPORT PERSONNEL ················································· 103
25 ARTICLE 25 AMENDMENT AND INTERPRETATION OF THISJAPAN ANTI-DOPING CODE ······················································· 105
26 ARTICLE 26 INTERPRETATION OF THE CODE ························ 107
27 ARTICLE 27 INFORMATION AND NOTICES ···························· 108
28 ARTICLE 28 VALIDITY AND GOVERNING LAW ······················ 109
29 APPENDIX 1 DEFINITIONS ··················································· 110
30 APPENDIX 2 EXAMPLES OF THE APPLICATION OF ARTICLE 10
122

INTRODUCTION
Preface
Japan is fully committed to the protection and development of integrity of sportand ethical values in sport. The Basic Act on Sport (Law No.78 of 2011) proclaims
that sport is a universal culture and that it is the right of all people to enjoy
happiness and the amenities of life through sport (see Preface, Clause 2.1). As theFundamental Principles, the Basic Act on Sport states as follows:

Sport should be promoted in such manner that no person practicing sport should
be subject to unjustifiable discrimination. The significance of anti-doping initiatives
should be recognised and enhanced, ensuring the prevalence of justice andappropriateness in sporting activities. This should be achieved by fostering wide
understanding and support among citizens (Article 2.8).

The Japanese sport system is envisioned to be fully committed to protecting therights of citizens, Athletes in particular, to participate in sport that ensures justiceand fairness.

The Japan Anti-Doping Agency (JADA), along with the Japan Sport Council (JSC), iscommitted to, and is a contributor, in Japan and around the world in protecting anddeveloping the integrity of sport and the fight against doping in sport. JADA’s vision
is to foster a society where the real champion is valued.

The Japan Anti-Doping Code is fully compliant with the World Anti-Doping Code(the Code) and the International Standards. The Code and all relevantInternational Standards are the culmination of consultations across the world,brought together as collective wisdom of the world. The World Anti-Doping Agency(WADA) sets globally agreed standards, coordinating anti-doping worldwide andensuring meaningful compliance with the Code by all Signatories. In this Japan1

Anti-Doping Code, unless the context otherwise requires, any reference to “(The)Japan Anti-Doping Code” shall include reference to International Standards.

The Japan Anti-Doping Code reaffirms that its ultimate objective is the protectionof all clean Athletes and the development of the real champion. As a host country
for four Olympic and Paralympics Games, including the Tokyo 2020 Games,
Japan’s commitment is to ensure a level playing field, and to promote and develop
the integrity of sport.

GENERAL PRINCIPLES
Anti-doping programmes seek to preserve the intrinsic values of sport. This
intrinsic value is often referred to as "the spirit of sport”. It is the essence ofOlympism; the pursuit of human excellence through the dedicated perfection ofeach person’s natural talents. It is how we play true. The spirit of sport is thecelebration of the human spirit, body and mind, which is reflected in values we findin and through sport, including:•

Ethics, fair play and honesty•

Health•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

Doping is fundamentally contrary to the spirit of sport.

2All parties and organisations committed to the Japanese anti-doping effort havecollectively agreed to abide by a common set of rules, procedures, roles andresponsibilities which are expressed in the Japan Anti-Doping Code. This “collective
agreement” among all relevant stakeholders in Japan has been a unique anddefining feature of the Japanese effort to eliminate doping in sport and to develop
sport with an outlook into the future. Accordingly, there exists a well understoodand broad consensus in Japan regarding how sport is played, who is subject to theJapanese anti-doping rules, what those rules demand and how assertions of ruleviolations are fairly dealt with.

Japan has a long history in the virtue of ethical principles and values in sport. The
spirit of “Play True” has also been proclaimed by Professor Jigoro Kano, the founderof Japanese sport. Professor Kano mentioned “Follow the Right Path, Gain the Right
Victory (Jyundô-Seïsyô / 順道制勝) ”, meaning regardless of winning or losing, one
needs to follow the right path, and even if one loses by following this right path, it
is more valuable than winning being against the right path.

As Professor Kano stressed, education based on sporting values is the core part of
the anti-doping programme.

Anti-doping efforts and activities represent how

people wish to amplify societal values through sport. It also represents how theJapanese sport community wishes sport to be protected and developed for the
future generation.

Doping is a threat to the integrity of sport and to those people who enjoy sport.
Doping in sport also represents a significant public issue. The Japanese sport
community wishes to cooperate and collaborate in the national effort to eliminate
doping in sport, and to further protect the interests in sport and the health ofindividuals, especially young people. Anti-doping efforts require transparency,
openness to scrutiny and public accountability in order to achieve public confidence,3

with respect for the protection of the privacy of individuals who are subject to theJapan Anti-Doping Code.

JURISDICTION
JADA and JSC are responsible for protecting, promoting and developing the
integrity of sport.

JADA Authority
JADA has been recognised by the Basic Act on Sport and designated by theJapanese sport community as the independent organisation which is the guardianof the Japan Anti-Doping Code responsible for its management and monitoring.

JSC Authority
JSC is the governing body for all sport in Japan and for protecting the integrity ofsport. To achieve the aim of the Basic Act on Sport, JSC is intended to ensure all
people of the benefits of sport which are grounded upon justice and fairness and toprotect the rights of people participating in sport.

The Japan Anti-Doping CodeThe Japan Anti-Doping Code is the governing document for all Sport Organisationsin Japan. It establishes sport rules for those people participating in sport as acondition for participation in sport. Anti-doping rules, like competition rules, aresport rules governing the conditions under which sport is played. Athletes andother Persons accept these rules as a condition for participation in sport. Athletes
and other Persons agree to be bound by these rules along with all sportorganisations and stakeholders, ensuring the implementation of the rules anddelivering the necessary programme.

4With the objective of acting as the independent Anti-Doping Organisation for Japan,
JADA has the necessary authority and responsibility for:•Planning,

coordinating,

implementing,monitoring

andadvocating

improvements in Doping Control;•

Cooperating with other relevant national organisations, agencies and otherAnti-Doping Organisations;•

Encouraging reciprocal Testing between National Anti-Doping Organisations;•

Planning, implementing and monitoring anti-doping information, educationand prevention programmes;•

Promoting anti-doping research;•

Vigorously pursuing all potential anti-doping rule violations within its
jurisdiction, including investigations into whether Athlete Support Personnel
or other Persons may have been involved in each case of doping, and ensuring
proper enforcement of Consequences;•

Conducting an automatic investigation of Athlete Support Personnel within its
jurisdiction in the case of any anti-doping rule violation by a Minor, and of any
Athlete Support Personnel who has provided support to more than one Athlete
found to have committed an anti-doping rule violation;•

Cooperating fully with WADA in connection with investigations conducted by
WADA pursuant to Article 20.7.10 of the Code; and•Where funding is provided, withholding some or all funding to an Athlete or
Athlete Support Personnel while he or she is serving a period of Ineligibility for
violation of anti-doping rules.

[Comment:

The intention is that there should be a National Anti-Doping

Organisation in each country, and that the National Anti-Doping Organisation’s
operational decisions and activities should be independent from all public andsports movement bodies. The principle of independence underpins anti-doping
programmes worldwide and ensures the integrity of the anti-doping work].

5

Scope of this Japan Anti-Doping CodeThe scope of application of this Japan Anti-Doping Code is set out in Article 1.

1

ARTICLE 1

APPLICATION OF JAPAN ANTI-DOPING CODE AND

CORE RESPONSIBILITIES OF PARTIES RELATED THERETO
1.1

Application to JADA
This Japan Anti-Doping Code shall apply to JADA.

1.2

Application of Japan Anti-Doping Code to Japanese National Sports
Federations
1.2.1

National Sports Federations shall accept this Japan Anti-Doping
Code and incorporate this Japan Anti-Doping Code either directly
or by reference into their governing documents, constitution
and/or rules and thus as part of the rules of sport and the rights
and obligations governing their members and Participants.

1.2.2

The application of this Japan Anti-Doping Code to Participants isbased on the membership obligations that exist between NationalSports Federations and their members or Participants throughthose individuals’ agreement to participate in sport according to
its rules.

1.2.3

As a condition of receiving financial and/or other assistance fromthe Government of Japan and JOC and/or JPC, each NationalSports Federations of Japan shall accept and abide by the spirit
and terms of Japan Anti-Doping Programme and this Japan
Anti-Doping Code, and shall incorporate this Japan Anti-Doping
Code either directly or by reference into their governing
documents, constitution and/or rules as part of the rules of sportthat bind their members and Participants.

[Comment to Article 1.2.3: JADA shall work cooperatively with its Government
and National Olympic and Paralympic Committee to ensure that recognition of6

JADA and acceptance and application of this Japan Anti-Doping Code represents a
pre-condition to a National Sports Federation’s receipt of any financial and/or otherassistance from the Government and/or the National Olympic and Paralympic
Committee.]

1.2.4

By adopting this Japan Anti-Doping Code, and incorporating theminto their governing documents and rules of sport, National Sports
Federations recognise the authority and responsibility of JADA for
implementing the Japan anti-doping programme and enforcing
this Japan Anti-Doping Code (including carrying out Testing) inrespect of all of the Persons listed in Article 1.6 below who areunder the jurisdiction of the National Sports Federation, and shallcooperate with and support JADA in that function. They shall also
recognise, abide by and give effect to the decisions made pursuant
to this Japan Anti-Doping Code, including the decisions of hearing
panels imposing sanctions on individuals under their jurisdiction.

1.2.5

By the adoption of this Japan Anti-Doping Code and theirincorporation into their governing documents and rules of sport,
National Sports Federations also formally submit the NationalSports Federation and all Athletes under its jurisdiction or control
or subject to its governing documents or rules of sport to thisJapan Anti-Doping Code. They agree to abide by the decisions
made pursuant to this Japan Anti-Doping Code, in particular thedecisions of Japan Anti-Doping Disciplinary Panel, and JapanSports Arbitration Agency. Their International Federations,members and Participants accordingly recognise and accept thissubmission and agreement subject to the rights of appeal
foreseen in this Japan Anti-Doping Code.

1.3

Application of Japan Anti-Doping Code to Persons

71.3.1This Japan Anti-Doping Code shall apply to the following Persons(including Minors), in each case, whether or not such Person is anational of or resident in Japan:
1.3.1.1

all Athletes and Athlete Support Personnel who aremembers or license-holders of any National Sports
Federation in Japan, or of any member or affiliateorganisation of any National Sports Federation in
Japan (including any clubs, teams, associations orleagues);

1.3.1.2

all Athletes and Athlete Support Personnel who
participate in such capacity in Events, Competitions
and

other

activities

organised,convened,

authorised or recognised by any National Sports
Federation

in

Japan

adopting

this

Japan

Anti-Doping Code, or by any member or affiliateorganisation of any National Sports Federation in
Japan (including any clubs, teams, associations orleagues), wherever held;
1.3.1.3

any other Athlete or Athlete Support Person orother Person who, by virtue of an accreditation, alicence or other contractual arrangement, orotherwise, is subject to the jurisdiction of any
National Sports Federation in Japan, or of any
member or affiliate organisation of any NationalSports Federation in Japan (including any clubs,
teams, associations or leagues), for purposes ofanti-doping;1.3.1.4

all Athletes and Athlete Support Personnel who
participate in any capacity in any activity organised,
held, convened or authorised by the organiser of a
National Event or of a national league that is notaffiliated with a National Sports Federation; and8

[Comment to Article 1.3.1: These organising bodies shall be incorporated into
the national anti-doping programme.]

1.3.1.5

all Athletes who do not fall within one of theforegoing provisions of this Article 1.3.1 but who
wish to be eligible to participate in International
Events or National Events (and such Athletes must
be available for testing under this Japan Anti-Doping
Code for at least twelve (12) months before they will
be eligible for such Events).

1.3.2

This Japan Anti-Doping Code shall also apply to all other Persons
over whom the Code gives JADA jurisdiction, including all Athletes
who are nationals of or resident in Japan, and all Athletes who arepresent in Japan, whether to compete or to train or otherwise.

1.3.3

Persons falling within the scope of Article 1.3.1 or 1.3.2 aredeemed to have accepted and to have agreed to be bound by thisJapan Anti-Doping Code, and to have submitted to the authority of
JADA to enforce this Japan Anti-Doping Code and to thejurisdiction of the hearing panels specified in Article 8 and Article
13 to hear and determine cases and appeals brought under thisJapan Anti-Doping Code, as a condition of their membership,
accreditation and/or participation in their chosen sport.

1.4

National-Level Athletes
1.4.1

Of all of the Athletes subject to the Japan Anti-Doping Code, thefollowing Athletes shall be deemed National-Level Athletes forpurposes of this Japan Anti-Doping Code:
1.4.1.1

Athletes who have been identified by JADA for the
inclusion of JADA’s Registered Testing Pool using
criteria including the following:a)Athletes representing Japan for International

9

Events;b)

Athletes that represent Japan internationally but
who are not in an International Federation’s
Registered Testing Pool;c)

Athletesthatparticipate

inNational

Championships or participate in selection Eventsfor National Championships;d)Athleteswithpotential

torepresentJapaninternationally or become a member of a National
Team;
e)

Athletes that participate in the Events of any age
level or the professional leagues or that represent
the prefectures or cities of any age level;f)Athletes that participate in the National Sport
Festival and at any levels of University sportcompetitions.

1.4.1.2

Athletesreceiving

direct or

indirectfinancialassistance from the JSC or who are benefiting fromany form of Government sport subsidy, including
the Multi-Support Project;but if any such Athletes are classified by their respective
International Federations as International-Level Athletes thenthey shall be considered International-Level Athletes (and not
National-Level Athletes) for purposes of this Japan Anti-Doping
Code as well.
1.4.2

This Japan Anti-Doping Code shall apply to all Persons fallingwithin the scope of Article 1.3. However, in accordance with
Article 4.3 of the International Standard for Testing andInvestigations, the main focus of JADA’s test distribution plan will
be National-Level Athletes and above.

10

1.5

Application to other organisations
This

Japan

Anti-Doping

Code

shall

also

apply

to

the

followingorganisations.
(a) Japan Sport Council (JSC)(b) Japan Sport Association (JASA)(c) Japanese Olympic Committee (JOC)(d) Japanese Paralympic Committee (JPC)(e) Japan Anti-Doping Disciplinary Panel(f) Japan Sports Arbitration Agency (JSAA)

2

ARTICLE 2 DEFINITION OF ANTI-DOPING RULE VIOLATIONS

Doping is defined as the occurrence of one or more of the anti-doping ruleviolations set forth in Article 2.1 through Article 2.10 of this Japan Anti-Doping
Code.
The purpose of Article 2 is to specify the circumstances and conduct whichconstitute 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 ananti-doping rule violation 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 each Athlete’s personal duty to ensure that no Prohibited
Substance enters his or her body. 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
intent, Fault, negligence or knowing Use on the Athlete’s part be11

demonstrated in order to establish an anti-doping rule violation
under Article 2.1.
[Comment to 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 invarious CAS decisions as “Strict Liability”. An Athlete’s Fault is taken into
consideration in determining the Consequences of this anti-doping rule violation
under Article 10. This principle has consistently been upheld by CAS.]

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 analysed; or, where the Athlete’s B Sample isanalysed and the analysis of the Athlete’s B Sample confirms thepresence of the Prohibited Substance or its Metabolites orMarkers found in the Athlete’s A Sample; or, where the Athlete’s
B Sample is split into two bottles and the analysis of the second
bottle confirms the presence of the Prohibited Substance or its
Metabolites or Markers found in the first bottle.

[Commentto

Article2.1.2:

The

Anti-Doping

Organisation

withresults

management responsibility may, at its discretion, choose to have the B Sample
analysed even if the Athlete does not request the analysis of the B Sample.]

2.1.3

Excepting those substances for which a quantitative threshold isspecifically identified in the Prohibited List, the presence of any
quantity of a Prohibited Substance or its Metabolites or Markers
in an Athlete’s Sample shall constitute an anti-doping ruleviolation.

2.1.4

As an exception to the general rule of Article 2.1, the Prohibited
List or International Standards may establish special criteria for12the evaluation of Prohibited Substances that can also be
produced endogenously.

2.2

Use or Attempted Use by an Athlete of a Prohibited Substance or a
Prohibited Method[Comment to Article 2.2: It has always been the case that Use or Attempted Use ofa Prohibited Substance or Prohibited Method may be established by any reliablemeans. As noted in the Comment to Article 3.2, unlike the proof required toestablish an anti-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 collected as part of the Athlete Biological Passport, or otheranalytical information which does not otherwise satisfy all the requirements toestablish “Presence” of a Prohibited Substance under Article 2.1.
For example, Use may be established based upon reliable analytical data from theanalysis of an A Sample (without confirmation from an analysis of a B Sample) orfrom the analysis of a B Sample alone where the Anti-Doping Organisation provides
a satisfactory explanation for the lack of confirmation in the other Sample.]

2.2.1

It is each Athlete’s personal duty to ensure that no Prohibited
Substance enters his or her body 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 toestablish 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 becommitted.

13

[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 violation
does not undermine the Strict Liability principle established for violations of Article
2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or
Prohibited Method.
An Athlete’s Use of a Prohibited Substance constitutes an anti-doping rule violation
unless such substance is not prohibited Out-of-Competition and the Athlete’s Usetakes place Out-of-Competition. (However, the presence of a Prohibited Substanceor its Metabolites or Markers in a Sample collected In-Competition is a violation of
Article 2.1 regardless of when that substance might have been administered.)]

2.3

Evading, Refusing or Failing to Submit to Sample Collection
Evading Sample collection, or without compelling justification, refusing or
failing to submit to Sample collection after notification as authorised in thisJapan Anti-Doping Code or other applicable anti-doping rules.

[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 "failing to submit to Sample collection” may be based on either intentional or
negligent conduct of the Athlete, while "evading" or “refusing” Sample collection
contemplates intentional conduct by the Athlete.]

2.4

Whereabouts Failures
Any combination of three missed tests and/or filing failures, as defined in
the International Standard for Testing and Investigations, within atwelve-month period by an Athlete in a Registered Testing Pool.

2.5

Tampering or Attempted Tampering with any part of Doping
Control

14

Conduct which subverts the Doping Control process but which would nototherwise be included in the definition of Prohibited Methods. Tampering
shall include, without limitation, intentionally interfering or attempting tointerfere with a Doping Control official, providing fraudulent information toan Anti-Doping Organisation or intimidating or attempting to intimidate apotential witness.
[Comment to Article 2.5: 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, or altering a Sample by the addition of aforeign substance.
Offensive conduct towards a Doping Control official or other Person involved in
Doping Control which does not otherwise constitute Tampering shall be addressedin the disciplinary rules of sport organisations.]

2.6

Possession of a Prohibited Substance or a Prohibited Method
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

Substanceor

any

Prohibited Method which is prohibited Out-of-Competition unlessthe Athlete establishes that the Possession is consistent with a
Therapeutic Use Exemption (“TUE”) granted in accordance with
Article 4.4 or other acceptable justification.
2.6.2

Possession by an Athlete Support Person In-Competition of any
Prohibited Substance or any Prohibited Method, or Possession by
an Athlete Support Person Out-of-Competition of any Prohibited
Substance or any Prohibited Method which is prohibited
Out-of-Competition in connection with an Athlete, Competitionor training, unless the Athlete Support Person establishes that
the Possession is consistent with a TUE granted to an Athlete inaccordance with Article 4.4 or other acceptable justification.

15

[Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include,for example, buying or Possessing a Prohibited Substance for purposes of giving it
to a friend or relative, except under justifiable medical circumstances where that
Person had a physician’s prescription, e.g., buying Insulin for a diabetic child.][Comment to Article 2.6.2: Acceptable justification would include, for example, ateam doctor carrying Prohibited Substances for dealing with acute and emergency
situations.]

2.7

Trafficking or Attempted Trafficking in any Prohibited Substanceor Prohibited Method

2.8

Administration or Attempted Administration to any Athlete
In-Competition of any Prohibited Substance or Prohibited Method,or Administration or Attempted Administration to any Athlete
Out-of-Competition of any Prohibited Substance or any Prohibited
Method that is prohibited Out-of-Competition

2.9

Complicity
Assisting, encouraging, aiding, abetting, conspiring, covering up or any
other type of intentional complicity involving an anti-doping rule violation,
Attempted anti-doping rule violation or violation of Article 10.12.1 byanother Person.

2.10

Prohibited Association
Association by an Athlete or other Person subject to the authority of an
Anti-Doping Organisation in a professional or sport-related capacity with
any Athlete Support Person who:
2.10.1

If subject to the authority of an Anti-Doping Organisation, isserving a period of Ineligibility; or16

2.10.2

If not subject to the authority of an Anti-Doping Organisation,
and where Ineligibility has not been addressed in a results
management process pursuant to the Code, has been convicted
or found in a criminal, disciplinary or professional proceeding tohave engaged in conduct which would have constituted aviolation of anti-doping rules if Code-compliant rules had been
applicable to such Person. The disqualifying status of such
Person shall be in force for the longer of six years from thecriminal, professional or disciplinary decision or the duration of
the criminal, disciplinary or professional sanction imposed; or

2.10.3Is serving as a front or intermediary for an individual describedin Article 2.10.1 or 2.10.2.

In order for this provision to apply, it is necessary that the Athlete orother Person has previously been advised in writing by an Anti-Doping
Organisation with jurisdiction over the Athlete or other Person, or by
WADA, of the Athlete Support Person’s disqualifying status and thepotential Consequence of prohibited association and that the Athlete orother Person can reasonably avoid the association.

The Anti-Doping

Organisation shall also use reasonable efforts to advise the Athlete
Support Person who is the subject of the notice to the Athlete or other
Person that the Athlete Support Person may, within 15 days, comeforward to the Anti-Doping Organisation to explain that the criteria
described in Articles 2.10.1 and 2.10.2 do not apply to him or her.
(Notwithstanding Article 16, this Article applies even when the Athlete
Support Person’s disqualifying conduct occurred prior to the effective
date provided in Article 25.7.)

The burden shall be on the Athlete or other Person to establish that any
association with Athlete Support Personnel described in Article 2.10.1 or
2.10.2 is not in a professional or sport-related capacity.

17

Anti-Doping Organisations that are aware of Athlete Support Personnel
who meet the criteria described in Article 2.10.1, 2.10.2, or 2.10.3 shallsubmit that information to WADA.

[Comment to Article 2.10:

Athletes and other Persons must not work withcoaches, trainers, physicians or other Athlete Support Personnel who are Ineligibleon account of an anti-doping rule violation or who have been criminally convictedor professionally disciplined in relation to doping. Some examples of the types ofassociation which are prohibited include:

obtaining training, strategy, technique,nutrition or medical advice; obtaining therapy, treatment or prescriptions;providing any bodily products for analysis; or allowing the Athlete Support Person
to serve as an agent or representative. Prohibited association need not involve
any form of compensation.]3
3.1

ARTICLE 3

PROOF OF DOPING

Burdens and Standards of Proof
JADA shall have the burden of establishing that an anti-doping ruleviolation has occurred. The standard of proof shall be whether JADA has
established an anti-doping rule violation to the comfortable satisfaction of
the hearing panel bearing in mind the seriousness of the allegation which ismade. This standard of proof in all cases is greater than a mere balance of
probability but less than proof beyond a reasonable doubt. Where thisJapan Anti-Doping Code places the burden of proof upon the Athlete orother Person alleged to have committed an anti-doping rule violation to
rebut a presumption or establish specified facts or circumstances, thestandard of proof shall be by a balance of probability.

[Comment to Article 3.1: This standard of proof required to be met by JADA is
comparable to the standard which is applied in most countries to cases involving
professional misconduct.]3.2

Methods of Establishing Facts and Presumptions

18

Facts related to anti-doping rule violations may be established by any
reliable means, including admissions. The following rules of proof shall beapplicable in doping cases:[Comment to Article 3.2: For example, JADA may establish an anti-doping ruleviolation under Article 2.2 based on the Athlete’s admissions, the credible
testimony of third Persons, reliable documentary evidence, reliable analytical datafrom either an A or B Sample as provided in the Comments to Article 2.2, orconclusions drawn from the profile of a series of the Athlete’s blood or urine
Samples, such as data from the Athlete Biological Passport.]

3.2.1

Analytical methods or decision limits approved by WADA after
consultation within the relevant scientific community and whichhave been the subject of peer review are presumed to bescientifically valid. Any Athlete or other Person seeking to rebut
this presumption of scientific validity shall, as a condition precedent
to any such challenge, first notify WADA of the challenge and thebasis of the challenge. CAS on its own initiative may also inform
WADA of any such challenge. At WADA’s request, the CAS panel
shall appoint an appropriate scientific expert to assist the panel in
its evaluation of the challenge. Within 10 days of WADA’s receipt
of such notice, and WADA’s receipt of the CAS file, WADA shall also
have the right to intervene as a party, appear amicus curiae, orotherwise provide evidence in such proceeding.

3.2.2

WADA-accredited laboratories, and other laboratories approved by
WADA, are presumed to have conducted Sample analysis andcustodial procedures in accordance with the International Standard
for Laboratories. The Athlete or other Person may rebut thispresumption

byestablishing

that

a

departure

from

the

International Standard for Laboratories occurred which could
reasonably have caused the Adverse Analytical Finding. If theAthlete or other Person rebuts the preceding presumption by
showing that a departure from the International Standard for19

Laboratories occurred, which could reasonably have caused theAdverse Analytical Finding, then JADA shall have the burden to
establish that such departure did not cause the Adverse Analytical
Finding.
[Comment to Article 3.2.2: The burden is on the Athlete or other Person toestablish, by a balance of probability, a departure from the International Standard
for Laboratories that could reasonably have caused the Adverse Analytical Finding.
If the Athlete or other Person does so, the burden shifts to JADA to prove to the
comfortable satisfaction of the hearing panel that the departure did not cause theAdverse Analytical Finding.]

3.2.3

Departures from any other International Standard or otheranti-doping rule or policy set forth in the Code or this Japan
Anti-Doping Code which did not cause an Adverse Analytical
Finding or other anti-doping rule violation shall not invalidate such
evidence or results.
If the Athlete or other Person establishes that a departure fromanother International Standard or other anti-doping rule or policy
which could reasonably have caused an anti-doping rule violation
based on an Adverse Analytical Finding or other anti-doping ruleviolation, then JADA shall have the burden to establish that suchdeparture did not cause the Adverse Analytical Finding or thefactual basis for the anti-doping rule violation.

3.2.4

The facts established by a decision of a court or professional
disciplinary tribunal of competent jurisdiction which is not the
subject of a pending appeal shall be irrebuttable evidence against
the Athlete or other Person to whom the decision pertained of thosefacts unless the Athlete or other Person establishes that thedecision violated principles of natural justice.

3.2.5

The hearing panel in a hearing on an anti-doping rule violation may
draw an inference adverse to the Athlete or other Person who isasserted to have committed an anti-doping rule violation based on20

the Athlete’s or other Person’s refusal, after a request made in areasonable time in advance of the hearing, to appear at the hearing(either in person or telephonically as directed by the hearing panel)and to answer questions either from the hearing panel or JADA.

4ARTICLE 4

THE PROHIBITED LIST

4.1

Incorporation of the Prohibited List
This Japan Anti-Doping Code incorporate the Prohibited List which is
published and revised by WADA as described in Article 4.1 of the Code.

[Comment to Article 4.1:

The current Prohibited List is available on WADA's

website at www.wada-ama.org.]

4.2

Prohibited Substances and Prohibited Methods Identified on theProhibited List
4.2.1

Prohibited Substances and Prohibited Methods Unless provided
otherwise in the Prohibited List and/or a revision, the Prohibited
List and revisions shall go into effect under this Japan Anti-Doping
Code three (3) months after publication by WADA without requiring
any further action by JADA. All Athletes and other Persons shall bebound by the Prohibited List, and any revisions thereto, from thedate they go into effect, without further formality.

It is theresponsibility of all Athletes and other Persons to familiarise
themselves with the most up-to-date version of the Prohibited List
and all revisions thereto.
4.2.2

Specified Substances
For purposes of the application of Article 10, all Prohibited
Substances shall be Specified Substances except substances in theclasses of anabolic agents and hormones and those stimulants andhormone antagonists and modulators

so identified on theProhibited List. The category of Specified Substances shall notinclude Prohibited Methods.

21

[Comment to Article 4.2.2:

The Specified Substances identified in Article 4.2.2

should not in any way be considered less important or less dangerous than other
doping substances. Rather, they are simply substances which are more likely tohave been consumed by an Athlete for a purpose other than the enhancement ofsport performance.]

4.3

WADA’s Determination of the Prohibited List
WADA’s determination of the Prohibited Substances and Prohibited
Methods that will be included on the Prohibited List, the classification ofsubstances into categories on the Prohibited List, and the classification of a
substance as prohibited at all times or In-Competition only, is final andshall not be subject to challenge by an Athlete or other Person based on anargument that the substance or method was not a masking agent or did nothave the potential to enhance performance, represent a health risk orviolate the spirit of sport.

4.4

Therapeutic Use Exemptions (“TUEs”)
4.4.1

The presence of a Prohibited Substance or its Metabolites orMarkers, and/or the Use or Attempted Use,, Possession or
AdministrationorAttempted

AdministrationofProhibited

Substances or Prohibited Methods shall not be considered ananti-doping rule violation if it is consistent with the provisions of a
TUE granted in accordance with the International Standard for
Therapeutic Use Exemptions.
4.4.2 Unless otherwise specified by JADA in a notice posted on its website,
any National-Level Athlete who needs to Use a Prohibited
Substance or Prohibited Method for therapeutic purposes should
apply to JADA for a TUE as soon as the need arises and in any event(save in emergency or exceptional situations or where Article 4.3 ofthe International Standard for Therapeutic Use Exemptions
applies) at least 30 days before the Athlete’s next Competition,

22

using the form posted on JADA’s website. JADA shall appoint apanel to consider applications for the grant or recognition of TUEs
(the “TUE Committee”). The TUE Committee shall promptly
evaluate and decide upon the application in accordance with therelevant provisions of the International Standard for Therapeutic
Use Exemptions.
Subject to Article 4.4.6 of this Japan Anti-Doping Code, its decision
shall be the final decision of JADA and shall be reported to WADA
and other relevant Anti-Doping Organisations through ADAMS in
accordance with the International Standard for Therapeutic Use
Exemptions.
[Comment to Article 4.4.2:

In accordance with Article 5.1 of the International

Standard for Therapeutic Use Exemptions, JADA may decline to consider advanceapplications for TUEs from National-Level Athletes in sports that are not prioritised
by JADA in its Test Distribution Planning, but in that case it shall permit any such
Athlete who is subsequently tested to apply for a retroactive TUE.
The submission of false or misleadingly incomplete information in support of a TUE
application (including but not limited to the failure to advise of the unsuccessful
outcome of a prior application to another Anti-Doping Organisation for such a TUE)
may result in a charge of Tampering or Attempted Tampering under Article 2.5.
An Athlete should not assume that his/her application for grant or recognition of a
TUE (or for renewal of a TUE) will be granted.

Any Use or Possession oradministration of a Prohibited Substance or Prohibited Method before anapplication has been granted is entirely at the Athlete’s own risk.]

4.4.3

If JADA chooses to test an Athlete who is not an International-Levelor a National-Level Athlete, JADA shall permit that Athlete to apply
for a retroactive TUE for any Prohibited Substance or Prohibited
Method that he/she is using for therapeutic reasons.

[Comment to Article 4.4.3: The International Standard for Therapeutic Use
Exemptions also permits a National Anti-Doping Organisation to limit the grant of23

advance TUEs to certain categories of National-Level Athletes. If a National
Anti-Doping Organisation chooses to collect a Sample from an Athlete who is a
National-Level Athlete from whom the National Anti-Doping Organisation does not
accept advance applications for TUES, then the National Anti-Doping Organisationmust also permit that Athlete to apply for a retroactive TUE, if necessary.

4.4.4

A TUE granted by JADA is valid at national level only; it is not
automatically valid for international-level Competition. An Athlete
who is or becomes an International-Level Athlete should do thefollowing:
4.4.4.1

Where the Athlete already has a TUE granted by JADA
for the substance or method in question, the Athlete
may apply to his or her International Federation torecognise that TUE, in accordance with Article 7 of theInternational Standard for Therapeutic Use Exemptions.
If that TUE meets the criteria set out in theInternational Standard for Therapeutic Use Exemptions,then the International Federation shall recognise it for
purposes of international-level Competition as well. If
the International Federation considers that the TUE
granted by JADA does not meet those criteria and so
refuses to recognise it, the International Federation
shall notify the International-Level Athlete and JADA
promptly, with reasons. The International-Level Athlete
and JADA shall have 21 days from such notification torefer the matter to WADA for review. If the matter isreferred to WADA for review in accordance with Article
4.4.6, the TUE granted by JADA remains valid fornational-level Competition and Out-of-Competition
Testing

(but

is

not

valid

for

international-level

Competition) pending WADA’s decision. If the matter
is not referred to WADA for review, the TUE becomes24

invalid for any purpose when the 21-day review
deadline expires.
[Comment to Article 4.4.4.1:

Further to Articles 5.6 and 7.1(a) of theInternational Standard for Therapeutic Use Exemptions, an International
Federation may publish notice on its website that it will automatically recognise
TUE decisions (or categories of such decisions, e.g., as to particular substances or
methods) made by National Anti-Doping Organisations. If an Athlete's TUE falls
into a category of automatically recognised TUEs, then he/she does not need toapply to his/her International Federation for recognition of that TUE.
In accordance with the requirements of the International Standard for Therapeutic
Use Exemptions, JADA will help its Athletes to determine when they need to submit
TUEs granted by JADA to an International Federation or Major Event Organisation
for recognition, and will guide and support those Athletes through the recognition
process.
If an International Federation refuses to recognise a TUE granted by JADA only
because medical records or other information are missing that are needed todemonstrate satisfaction of the criteria in the International Standard for
Therapeutic Use Exemptions, the matter should not be referred to WADA. Instead,the file should be completed and re-submitted to the International Federation.]

4.4.4.2

If the Athlete does not already have a TUE granted by
JADA for the substance or method in question, theAthlete must apply directly to the International
Federation for a TUE in accordance with the process set
out in the International Standard for Therapeutic Use
Exemptions. If the International Federation grants the
Athlete’s application, it shall notify the Athlete andJADA. If JADA considers that the TUE granted by theInternational Federation does not meet the criteria set
out in the International Standard for Therapeutic Use
Exemptions, it has 21 days from such notification torefer the matter to WADA for review. If JADA refers

25the matter to WADA for review, the TUE granted by theInternational

Federationinternational-levelremains

validCompetition

for
and

Out-of-Competition Testing (but is not valid fornational-level Competition) pending WADA’s decision.
If JADA does not refer the matter to WADA for review,
the TUE granted by the International Federation
becomes valid for national-level Competition as wellwhen the 21-day review deadline expires.
[Comment to Article 4.4.4.2: The International Federation and JADA may agree
that JADA will consider TUE applications on behalf of the International Federation.]

4.4.5

Expiration, Cancellation, Withdrawal or Reversal of a TUE
4.4.5.1

A TUE granted pursuant to this Japan Anti-Doping
Code: (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) may be cancelled

if the Athlete does not promptly comply with any
requirements or conditions imposed by the TUE
Committee upon grant of the TUE; (c) may be
withdrawn by the TUE Committee if it is subsequently
determined that the criteria for grant of a TUE are not infact met; or (d) may be reversed on review by WADA oron appeal.
4.4.5.2

In such event, the Athlete shall not be subject to any
Consequences based on his/her Use or Possession or
Administration

of

the

Prohibited

SubstanceorProhibited Method in question in accordance with the
TUE prior to the effective date of expiry, cancellation,
withdrawal or reversal of the TUE.

The review

pursuant to Article 7.2 of any subsequent Adverse
Analytical

Finding26

shall

includeconsiderationofwhether such finding is consistent with Use of theProhibited Substance or Prohibited Method prior to thatdate, in which event no anti-doping rule violation shallbe asserted.
4.4.6

Reviews and Appeals of TUE Decisions
4.4.6.1

If JADA denies an application for a TUE, the Athlete may
appeal exclusively to Japan Sports Arbitration Agency,
as is described in Articles 13.2.2 and 13.2.3, in
accordance with applicable rules of Japan Sports
Arbitration Agency.

4.4.6.2

WADA shall review any decision by an International
Federation not to recognise a TUE granted by JADA thatis referred to WADA by the Athlete or JADA.

In

addition, WADA shall review any decision by an
International Federation to grant a TUE that is referred
to WADA by JADA. WADA may review any other TUE
decisions at any time, whether upon request by thoseaffected or on its own initiative. If the TUE decision
being reviewed meets the criteria set out in theInternational Standard for Therapeutic Use Exemptions,
WADA will not interfere with it. If the TUE decision
does not meet those criteria, WADA will reverse it.
4.4.6.3

Any TUE decision by an International Federation (or by
JADA where it has agreed to consider the application on
behalf of an International Federation) that is notreviewed by WADA, or that is reviewed by WADA but is
not reversed upon review, may be appealed by the
Athlete and/or JADA exclusively to CAS, in accordancewith Article 13.

[Comment to Article 4.4.6.3:

In such cases, the decision being appealed is theInternational Federation's TUE decision, not WADA’s decision not to review the TUE
decision or (having reviewed it) not to reverse the TUE decision. However, the27

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 be given notice of the appeal so that it may participate
if it sees fit.]

4.4.6.4

A decision by WADA to reverse a TUE decision may be
appealed by the Athlete, JADA and/or the International
Federation affected exclusively to CAS, in accordancewith Article 13.

4.4.6.5

A failure to take action within a reasonable time on aproperly submitted application for grant/recognition of
a TUE or for review of a TUE decision shall beconsidered a denial of the application.

5

ARTICLE 5

TESTING AND INVESTIGATIONS

5.1

Purpose of Testing and Investigations
Testing and investigations shall only be undertaken for anti-doping
purposes. They shall be conducted in conformity with the provisions of theInternational Standard for Testing and Investigations and the specificprotocols of JADA supplementing that International Standard.
5.1.1

Testing shall be undertaken to obtain analytical evidence as to the
Athlete’s compliance (or non-compliance) with the strict Codeprohibition on the presence/Use of a Prohibited Substance or
Prohibited

Method.

Test

distribution

planning,

Testing,

post-Testing activity and all related activities conducted by JADA
shall be in conformity with the International Standard for Testing
and Investigations. JADA shall determine the number of finishingplacement tests, random tests and target tests to be performed inaccordance with the criteria established by the International
Standard for Testing and Investigations.

28

All provisions of theInternational Standard for Testing and Investigations shall apply
automatically in respect of all such Testing.
5.1.2

Investigations shall be undertaken:
5.1.2.1

in relation to Atypical Findings, Atypical Passport
Findings and Adverse Passport Findings, in accordancewith Articles 7.4 and 7.5 respectively, gathering
intelligenceorevidence(inparticular,

analyticalevidence) in order to determine whether an anti-doping
rule violation has occurred under Article 2.1 and/or
Article 2.2; and5.1.2.2

in relation to other indications of potential anti-doping
rule violations, in accordance with Articles 7.6 and 7.7,
gathering

intelligenceorevidence(including,inparticular,

non-analyticalevidence)

in

to

order

determine whether an anti-doping rule violation has
occurred under any of Articles 2.2 to 2.10.
5.1.3

JADA may obtain, assess and process anti-doping intelligence fromall available sources, to inform the development of an effective,
intelligent and proportionate test distribution plan, to plan Target
Testing, and/or to form the basis of an investigation into a possible
anti-doping rule violation(s).

5.2

Authority to Conduct Testing
5.2.1

Subject to the jurisdictional limitations for Event Testing set out in
Article 5.3 of the Code, JADA shall have In-Competition andOut-of-Competition Testing authority over all of the Athletes fallingwithin the scope of Article 1.3, above.

5.2.2

JADA may require any 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.

29

[Comment to Article 5.2.2:

Unless the Athlete has identified a 60-minutetime-slot for Testing between the hours of 11pm and 6am, or has otherwise
consented to Testing during that period, JADA will not test an Athlete during that
period unless it has a serious and specific suspicion that the Athlete may beengaged in doping.

A challenge to whether JADA had sufficient suspicion for

Testing in that period shall not be a defence to an anti-doping rule violation basedon such test or attempted test.]

5.2.3

WADA shall have In-Competition and Out-of-Competition Testing
authority as set out in Article 20.7.8 of the Code.

5.2.4

If an International Federation or Major Event Organisationdelegates or contracts any part of Testing to JADA (directly or
through a National Federation), JADA may collect additional
Samples or direct the laboratory to perform additional types ofanalysis at JADA’s expense. If additional Samples are collected or
additional types of analysis are performed, the International
Federation or Major Event Organisation shall be notified.

5.2.5

Where another Anti-Doping Organisation with Testing authority
over an Athlete who is subject to this Japan Anti-Doping Codeconducts Testing on that Athlete, JADA and the Athlete’s NationalSports Federation shall recognise such Testing in accordance with
Article 15, and (where agreed with that other Anti-Doping
Organisation or otherwise provided in Article 7 of the Code) JADA
may bring proceedings against the Athlete pursuant to this Japan
Anti-Doping Code for any anti-doping rule violation(s) arising in
relation to such Testing.

5.3

Event Testing
5.3.1

Except as provided in Article 5.3 of the Code, only a single
organisation should be responsible for initiating and directing
Testing at Event Venues during an Event Period. At International

30

Events held in Japan, the collection of Samples shall be initiatedand directed by the International Federation (or any otherinternational organisation which is the ruling body for the Event).
At National Events held in Japan, the collection of Samples shall be
initiated and directed by JADA. At the request of JADA (or the rulingbody for that Event), any Testing during the Event Period outside of
the Event Venues shall be coordinated with JADA (or the relevant
ruling body).
5.3.2

If an Anti-Doping Organisation which would otherwise have Testing
authority but is not responsible for initiating and directing Testingat an Event desires to conduct Testing of Athletes at the Event
Venues during the Event Period, the Anti-Doping Organisation shallfirst confer with JADA (or the ruling body of the Event) to obtain
permission to conduct and coordinate such Testing.

If theAnti-Doping Organisation is not satisfied with the response fromJADA (or the ruling body of the Event), the Anti-Doping
Organisation may ask WADA for permission to conduct Testing andto determine how to coordinate such Testing, in accordance withthe procedures set out in the International Standard for Testing andInvestigations. WADA shall not grant approval for such Testing
before consulting with and informing JADA (or the ruling body for
the Event).

WADA’s decision shall be final and not subject toappeal. 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.
5.3.3

National Sports Federations and the organising committees for
National Events, shall authorise and facilitate the Independent
Observer Programme at such Events.

5.4

Test Distribution Planning

31

Consistent with the International Standard for Testing and Investigations,and in coordination with other Anti-Doping Organisations conducting
Testing on the same Athletes, JADA shall develop and implement aneffective, intelligent and proportionate test distribution plan that prioritises
appropriately between disciplines, categories of Athletes, types of Testing,types of Samples collected, and types of Sample analysis, all in compliancewith the requirements of the International Standard for Testing andInvestigations. JADA shall provide WADA upon request with a copy of its
current test distribution plan.

5.5

Coordination of Testing
Where reasonably feasible, Testing shall be coordinated through ADAMS oranother system approved by WADA in order to maximise the effectivenessof the combined Testing effort and to avoid unnecessary repetitive Testing.

5.6

Athlete Whereabouts Information
5.6.1

JADA shall identify a Registered Testing Pool of those Athletes who
are required to comply with the whereabouts requirements of
Annex

I

to

the

International

StandardforTestingandInvestigations, Each Athlete in the Registered Testing Pool shall dothe following, in each case in accordance with Annex I to theInternational Standard for Testing and Investigations: (a)adviseJADA 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/herself available for Testing at suchwhereabouts.
5.6.2

JADA shall make available through ADAMS a list which identifies
those Athletes included in its Registered Testing Pool either byname or by clearly defined, specific criteria. JADA shall coordinate
with International Federations the identification of such Athletes
and the collection of their whereabouts information.

32

Where anAthlete is included in an international Registered Testing Pool by
his/her International Federation and in JADA’s Registered Testing
Pool, JADA and the International Federation 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. JADA shall review and update asnecessary its criteria for including Athletes in its Registered Testing
Pool, and shall revise the membership of its Registered Testing Poolfrom time to time as appropriate in accordance with those criteria.
Athletes shall be notified before they are included in a Registered
Testing Pool and when they are removed from that pool.
5.6.3

For purposes of Article 2.4, an Athlete’s failure to comply with therequirements of the International Standard for Testing andInvestigations shall be deemed a Filing Failure or a Missed Test (asdefinedintheInternational

StandardforTestingandInvestigations) where the conditions set forth in the International
Standard for Testing and Investigations for declaring a filing failureor missed test are met.
5.6.4

An Athlete in JADA’s Registered Testing Pool shall continue to be
subject to the obligation to comply with the whereabouts
requirements of Annex I to the International Standard for Testing
and Investigations, unless and until (a) the Athlete gives written
notice to JADA that he or she has retired or (b) JADA has informed
him/her that he or she no longer satisfies the criteria for inclusion in
JADA‘s Registered Testing Pool.

5.6.5

Whereabouts information relating to an Athlete shall be shared(through ADAMS) with WADA and other Anti-Doping Organisations
having authority to test that Athlete, shall be maintained in strict
confidence at all times, shall be used exclusively for the purposes
set out in Article 5.6 of the Code, and shall be destroyed inaccordance with the International Standard for the Protection ofPrivacy and Personal Information once it is no longer relevant forthese purposes.

33

5.7

Retired Athletes Returning to Competition
5.7.1

An Athlete in JADA’s Registered Testing Pool who has given noticeof retirement to JADA may not resume competing in International
Events or National Events until he/she has given JADA written
notice of his/her intent to resume competing and has madehim/herself available for Testing for a period of six months before
returning to competition, including (if requested) complying withthe whereabouts requirements of Annex I to the International
Standard for Testing and Investigations. WADA, in consultation
with JADA and the Athlete's International Federation, may grant an
exemption to the six-month written notice rule where the strict
application of that rule would be manifestly unfair to an Athlete.
This decision may be appealed under Article 13. Any competitive
results obtained in violation of this Article 5.7.1 shall be
Disqualified.

5.7.2

If an Athlete retires from sport while subject to a period of
Ineligibility the Athlete shall not resume competing in International
Events or National Events until the Athlete has given six 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 months) to JADA and to his/herInternational Federation of his/her intent to resume competing andhas made him/herself available for Testing for that notice period,
including(ifrequested)

complying

with

the

whereabouts

requirements of Annex I to the International Standard for Testing
and Investigations.
5.7.3

An Athlete who is not in JADA’s Registered Testing Pool who hasgiven notice of retirement to JADA may not resume competing
unless he or she notifies JADA and his/her International Federation
at least six (6) months before he/she wishes to return toCompetition and makes him/herself available for unannounced34

Out-of-Competition Testing, including (if requested) complying
with the whereabouts requirements of Annex I to the International
Standard for Testing and Investigations, during the period before
actual return to Competition.

6

ARTICLE 6

ANALYSIS OF SAMPLES

Samples shall be analysed in accordance with the following principles:

6.1

Use of Accredited and Approved Laboratories
For purposes of Article 2.1, Samples shall be analysed only in laboratories
accredited or otherwise approved by WADA.
The choice of the WADA-accredited or WADA-approved laboratory used for
the Sample analysis shall be determined exclusively by JADA.

[Comment to Article 6.1:

Violations of Article 2.1 may be established only by

Sample analysis performed by a laboratory accredited or otherwise approved by
WADA. Violations of other Articles may be established using analytical resultsfrom other laboratories so long as the results are reliable.]

6.2

Purpose of Analysis of Samples
6.2.1

Samples shall be analysed to detect Prohibited Substances andProhibited Methods and other substances as may be directed by
WADA pursuant to the Monitoring Programme described in Article
4.5 of the Code or to assist in profiling relevant parameters in an
Athlete’s urine, blood or other matrix, including DNA or genomic
profiling; or for any other legitimate anti-doping purpose. Samples
may be collected and stored for future analysis.

[Comment to Article 6.2:

For example, relevant profile information could be

used to direct Target Testing or to support an anti-doping rule violation proceedingunder Article 2.2, or both.]35

6.2.2JADA shall ask laboratories to analyse Samples in conformity with
Article 6.4 of the Code and Article 4.7 of the International Standard
for Testing and Investigations.

6.3

Research on Samples
No Sample may be used for research without the Athlete’s written consent.
Samples used for purposes other than Article 6.2 shall have any means ofidentification removed such that they cannot be traced back to a particular
Athlete.

6.4

Standards for Sample Analysis and Reporting
Laboratories shall analyse Samples and report results in conformity with
the International Standard for Laboratories. To ensure effective Testing,
the Technical Document referenced at Article 5.4.1 of the Code will
establish risk assessment-based Sample analysis menus appropriate forparticular sports and sport disciplines, and laboratories shall analyse
Samples in conformity with those menus, except as follows:
6.4.1

JADA may request that laboratories analyse its Samples using more
extensive menus than those described in the Technical Document.

6.4.2

JADA may request that laboratories analyse its Samples using lessextensive menus than those described in the Technical Document
only if it has satisfied WADA that, because of the particular
circumstances of its country or of the sport in question, as set out inits test distribution plan, less extensive analysis would beappropriate.

6.4.3

As provided in the International Standard for Laboratories,
laboratories at their own initiative and expense may analyse
Samples for Prohibited Substances or Prohibited Methods notincluded on the Sample analysis menu described in the TechnicalDocument or specified by the Testing authority. Results from any

36such analysis shall be reported and have the same validity andconsequence as any other analytical result.
[Comment to Article 6.4: The objective of this Article is to extend the principle of“intelligent Testing” to the Sample analysis menu so as to most effectively andefficiently detect doping. It is recognised that the resources available to fightdoping are limited and that increasing the Sample analysis menu may, in some
sports and countries, reduce the number of Samples which can be analysed.]

6.5

Further Analysis of Samples
A Sample may be stored and subsequently subjected to further analysis forthe purposes set out in Article 6.2: (a) by WADA at any time; and/or (b) by
JADA at any time before both the A and B Sample analytical results (or A
Sample result where B Sample analysis has been waived or will not be
performed) have been communicated by JADA to the Athlete as theasserted basis for an Article 2.1 anti-doping rule violation. Such further
analysis of Samples shall conform with the requirements of theInternational Standard for Laboratories and the International Standard for
Testing and Investigations.

7

ARTICLE 7

7.1

Responsibility for Conducting Results Management
7.1.1

RESULTS MANAGEMENTJADA shall take responsibility for results management in respect ofAthletes and other Persons under its anti-doping jurisdiction inaccordance with the principles set out in Article 7 of the Code.

7.1.2

For purposes of determining responsibility for results management,
where

JADA

electstocollect

additional

Samplesinthecircumstances set out in Article 5.2.4, then it shall be considered
the Anti-Doping Organisation that initiated and directed Sample
collection.

However, where JADA only directs the laboratory to

perform additional types of analysis at the JADA’s expense, thenthe International Federation or Major Event Organisation shall be37considered the Anti-Doping Organisation that initiated and directed
Sample collection.
7.1.3

JADA may appoint a Doping Review Panel consisting of a Chair andtwo (2) other members with experience in anti-doping.

Unlessotherwise determined by JADA at the time of appointment, eachpanel member shall serve a term of four (4) years.

When apotential violation is referred to the Doping Review Panel by JADA,
the Chair of the Doping Review Panel shall appoint one or moremembers of the Panel (which may include the Chair) to conduct thereview discussed in this Article.

7.2

Review of Adverse Analytical Findings from Tests Initiated by JADA
Results management in respect of the results of tests initiated by JADA
shall proceed as follows:
7.2.1 The results from all analyses must be sent to JADA in encoded form,
in a report signed by an authorised representative of the laboratory.
All communication must be conducted confidentially and in
conformity with ADAMS.
7.2.2

Upon receipt of an Adverse Analytical Finding, JADA shall conduct a
review to determine whether:(a) an applicable TUE has been

granted or will be granted as provided in the International Standard
for Therapeutic Use Exemptions, or (b) there is any apparent
departure from the International Standard for Testing andInvestigations or International Standard for Laboratories thatcaused the Adverse Analytical Finding.
7.2.3

If the review of an Adverse Analytical Finding under Article 7.2.2
reveals an applicable TUE or departure from the International
Standard for Testing and Investigations or the International
Standard for Laboratories that caused the Adverse Analytical
Finding, the entire test shall be considered negative and the Athlete,38the Athlete’s International Federation the Athlete's National Sports
Federation and WADA shall be so informed.

7.3

Notification After Review Regarding Adverse Analytical Findings
7.3.1

If the review of an Adverse Analytical Finding under Article 7.2.2
does not reveal an applicable TUE or entitlement to a TUE asprovided in the International Standard for Therapeutic Use
Exemptions, or departure from the International Standard for
Testing and Investigations or the International Standard forLaboratories that caused the Adverse Analytical Finding, JADA shallpromptly notify the Athlete, and simultaneously the Athlete’s
International Federation, the Athlete's National Sports Federationand WADA in the manner set out in Article 14.1, of:(a) theAdverse Analytical Finding; (b) the anti-doping rule violated; (c)the Athlete's right to request the analysis of the B Sample or, failingsuch request by the specified deadline, that the B Sample analysis
may be deemed waived; (d) the scheduled date, time and place for
the B Sample analysis if the Athlete or JADA chooses to request an
analysis of the B Sample; (e) the opportunity for the Athlete and/or
the Athlete's representative to attend the B Sample opening andanalysis in accordance with the International Standard forLaboratories; and (f) the Athlete's right to request copies of the A
and B Sample laboratory documentation package which includes
information as required by the International Standard forLaboratories. If JADA decides not to bring forward the Adverse
Analytical Finding as an anti-doping rule violation, it shall so notify
the Athlete, the Athlete’s International Federation, the Athlete's
National Sports Federation and WADA.
7.3.2

Where requested by the Athlete or JADA, arrangements shall bemade to analyse the B Sample in accordance with the International
Standard for Laboratories. An Athlete may accept the A Sample

39

analytical results by waiving the requirement for B Sample analysis.
JADA may nonetheless elect to proceed with the B Sample analysis.
7.3.3

The Athlete and/or his representative shall be allowed to be present
at the analysis of the B Sample. Also, a representative of JADA shallbe allowed to be present.

7.3.4

If the B Sample analysis does not confirm the A Sample analysis,
then (unless JADA takes the case forward as an anti-doping ruleviolation under Article 2.2) the entire test shall be considerednegative and the Athlete, the Athlete’s International Federation,
the Athlete's National Sports Federation and WADA shall be so
informed.

7.3.5

If the B Sample analysis confirms the A Sample analysis, thefindings shall be reported to the Athlete, the Athlete’s International
Federation, the Athlete's National Sports Federation, and WADA.

7.4

Review of Atypical Findings
7.4.1

As provided in the International Standard for Laboratories, in somecircumstances laboratories are directed to report the presence ofProhibited Substances, which may also be produced endogenously,as Atypical Findings, i.e., as findings that are subject to further
investigation.

7.4.2

Upon receipt of an Atypical Finding, JADA shall conduct a review todetermine whether: (a) an applicable TUE has been granted or will
be granted as provided in the International Standard for
Therapeutic Use Exemptions, or (b) there is any apparent
departure from the International Standard for Testing andInvestigations or International Standard for Laboratories thatcaused the Atypical Finding.

7.4.3

If the review of an Atypical Finding under Article 7.4.2 reveals anapplicable TUE or a departure from the International Standard for
Testing and Investigations or the International Standard for40

Laboratories that caused the Atypical Finding, the entire test shallbe considered negative and the Athlete, the Athlete’s International
Federation and WADA shall be so informed.
7.4.4

If that review does not reveal an applicable TUE or a departure fromthe International Standard for Testing and Investigations or theInternational Standard for Laboratories that caused the AtypicalFinding, JADA shall conduct the required investigation or cause it tobe conducted.

After the investigation is completed, either the

Atypical Finding will be brought forward as an Adverse Analytical
Finding, in accordance with Article 7.3.1, or else the Athlete, theAthlete's International Federation, the Athlete's National Sports
Federation and WADA shall be notified that the Atypical Finding will
not be brought forward as an Adverse Analytical Finding.
7.4.5

JADA will not provide notice of an Atypical Finding until it hascompleted its investigation and has decided whether it will bring
the Atypical Finding forward as an Adverse Analytical Finding
unless one of the following circumstances exists:
7.4.5.1

If JADA determines the B Sample should be analysedprior to the conclusion of its investigation, it may
conduct the B Sample analysis after notifying theAthlete, with such notice to include a description of theAtypical Finding and the information described in Article
7.3.1(d) - (f).

7.4.5.2

If JADA is asked (a) by a Major Event Organisation
shortly before one of its International Events, or (b) by
a sport organisation responsible for meeting an
imminent deadline for selecting team members for an
International Event, to disclose whether any Athlete
identified on a list provided by the Major Event
Organisation or sport organisation has a pending
Atypical Finding, JADA shall so advise The Major Event

41

Organisation or sports organisation after first providing
notice of the Atypical Finding to the Athlete.

7.5

Review of Atypical Passport Findings and Adverse Passport
Findings
Review of Atypical Passport Findings and Adverse Passport Findings shalltake place as provided in the International Standard for Testing andInvestigations and International Standard for Laboratories. At such time
as JADA is satisfied that an anti-doping rule violation has occurred, it shallpromptly give the Athlete (and simultaneously the Athlete’s International
Federation, the Athlete's National Sports Federation and WADA) notice of
the anti-doping rule violation asserted and the basis of that assertion.

7.6

Review of Whereabouts Failures
JADA shall review potential filing failures and missed tests (as defined in
the International Standard for Testing and Investigations) in respect ofAthletes who file their whereabouts information with JADA, in accordancewith Annex I to the International Standard for Testing and Investigations.
At such time as JADA is satisfied that an Article 2.4 anti-doping ruleviolationhasoccurred,

it

shall

promptly

give

the

Athlete(andsimultaneously the Athlete's International Federation, the Athlete's
National Sports Federation, and WADA) notice that it is asserting a
violation of Article 2.4 and the basis of that assertion.

7.7

Review of Other Anti-Doping Rule Violations Not Covered by
Articles 7.2–7.6
JADA shall conduct any follow-up investigation required into a possible
anti-doping rule violation not covered by Articles 7.2-7.6. At such time as
JADA is satisfied that an anti-doping rule violation has occurred, it shallpromptly give the Athlete or other Person (and simultaneously the
Athlete's International Federation, the Athlete's National Sports Federation,

42

and WADA) notice of the anti-doping rule violation asserted, and the basisof that assertion.

7.8

Identification of Prior Anti-Doping Rule Violations
Before giving an Athlete or other Person notice of an asserted anti-doping
rule violation as provided above, JADA shall refer to ADAMS and contact
WADA and other relevant Anti-Doping Organisations to determine whether
any prior anti-doping rule violation exists.

7.9

Provisional Suspensions
7.9.1

Mandatory Provisional Suspension:

If analysis of an A Sample

has resulted in an Adverse Analytical Finding for a Prohibited
Substance that is not a Specified Substance, or for a Prohibited
Method, and a review in accordance with Article 7.2.2 does notreveal an applicable TUE or departure from the International
Standard for Testing and Investigations or the International
Standard for Laboratories that caused the Adverse Analytical
Finding, a Provisional Suspension shall be imposed upon or
promptly after the notification described in Articles 7.2, 7.3 or 7.5.
7.9.2

Optional Provisional Suspension:

In

case

of

an

AdverseAnalytical Finding for a Specified Substance, or in the case of any
other anti-doping rule violations not covered by Article 7.9.1, JADA
may impose a Provisional Suspension on the Athlete or other
Person against whom the anti-doping rule violation is asserted at
any time after the review and notification described in Articles 7.2–
7.7 and prior to the final hearing as described in Article 8.
7.9.3

Where a Provisional Suspension is imposed pursuant to Article
7.9.1 or Article 7.9.2, the Athlete or other Person shall be given
either: (a) an opportunity for a Provisional Hearing either before oron a reasonably practicable timely basis after imposition of theProvisional Suspension; or (b) an opportunity for an expedited final

43

hearing in accordance with Article 8 on a reasonably practicabletimely basis after imposition of the Provisional Suspension.
Furthermore, the Athlete or other Person has a right to appeal fromthe Provisional Suspension in accordance with Article 13.2 (save as
set out in Article 7.9.3.1).
7.9.3.1

The Provisional Suspension may be lifted if the Athlete
demonstrates to the hearing panel that the violation is
likely to have involved a Contaminated Product.

A

hearing panel’s decision not to lift a mandatory
Provisional Suspension on account of the Athlete’s
assertion regarding a Contaminated Product shall not
be appealable.
7.9.3.2

The Provisional Suspension shall be imposed (or shallnot be lifted) unless the Athlete or other Person
establishes that: (a) the assertion of an anti-doping
rule violation has no reasonable prospect of being
upheld, e.g., because of a patent flaw in the caseagainst the Athlete or other Person; (b) the Athlete orother Person has a strong arguable case that he/shebears No Fault or Negligence for the anti-doping ruleviolation(s) asserted, so that any period of Ineligibility
that might otherwise be imposed for such a violation is
likely to be completely eliminated by application of
Article 10.4; or (c) some other facts exist that make it
clearly unfair, in all of the circumstances, to impose a
Provisional Suspension prior to a final hearing inaccordance with Article 8.
construed

narrowly,

andThis ground is to be
applied

only

in

truly

exceptional circumstances. For example, the fact that
the Provisional Suspension would prevent the Athlete
or other Person participating in a particular Competition
or Event shall not qualify as exceptional circumstances
for these purposes.

447.9.4

If a Provisional Suspension is imposed based on an A Sample
Adverse Analytical Finding and subsequent analysis of the B
Sample does not confirm the A Sample analysis, then the Athlete
shall not be subject to any further Provisional Suspension on
account of a violation of Article 2.1. In circumstances where theAthlete (or the Athlete's team) has been removed from a
Competition based on a violation of Article 2.1 and the subsequent
B Sample analysis does not confirm the A Sample finding, then if itis still possible for the Athlete or team to be reinserted without
otherwise affecting the Competition, the Athlete or team maycontinue to take part in the Competition. In addition, the Athlete
or team may thereafter take part in other Competitions in the same
Event.

7.9.5

In all cases where an Athlete or other Person has been notified ofan anti-doping rule violation but a Provisional Suspension has notbeen imposed on him or her, the Athlete or other Person shall beoffered the opportunity to accept a Provisional Suspension
voluntarily pending the resolution of the matter.

[Comment to Article 7.9: Athletes and other Persons shall receive credit for a
Provisional Suspension against any period of Ineligibility which is ultimately
imposed. See Articles 10.11.3.1 and 10.11.3.2.]

7.10

Resolution Without a Hearing
7.10.1 An Athlete or other Person against whom an anti-doping ruleviolation is asserted may admit that violation at any time, waive ahearing, and accept the Consequences that are mandated by thisJapan Anti-Doping Code or (where some discretion as toConsequences exists under this Japan Anti-Doping Code) that havebeen offered by JADA.
7.10.2 Alternatively, if the Athlete or other Person against whom ananti-doping rule violation is asserted fails to dispute that assertion
within the deadline specified in the notice sent by the JADA

45

asserting the violation, then he/she shall be deemed to haveadmitted the violation, to have waived a hearing, and to haveaccepted the Consequences that are mandated by this Japan
Anti-Doping Code or (where some discretion as to Consequences
exists under this Japan Anti-Doping Code) that have been offeredby JADA.
7.10.3 In cases where Article 7.10.1 or Article 7.10.2 applies, a hearing
before a hearing panel shall not be required. Instead JADA shallpromptly issue a written decision confirming the commission of theanti-doping rule violation and the Consequences imposed as aresult, and setting out the full reasons for any period of Ineligibility
imposed, including (if applicable) a justification for why the
maximum potential period of Ineligibility was not imposed. JADA
shall

send

copiesofthatdecision

to

other

Anti-Doping

Organisations with a right to appeal under Article 13.2.3, and shall
Publicly Disclose that decision in accordance with Article 14.3.2.

7.11

Notification of Results Management Decisions
In all cases where JADA has asserted the commission of an anti-doping ruleviolation, withdrawn the assertion of an anti-doping rule violation, imposed
a Provisional Suspension, or agreed with an Athlete or other Person on theimposition of Consequences without a hearing, JADA shall give notice
thereofinaccordancewith

Article14.2.1tootherAnti-Doping

Organisations with a right to appeal under Article 13.2.3.

7.12 Retirement from Sport
If an Athlete or other Person retires while JADA is conducting the results
management process, JADA retains jurisdiction to complete its results
management process. If an Athlete or other Person retires before any
results management process has begun, and JADA would have had results
management authority over the Athlete or other Person at the time the46

Athlete or other Person committed an anti-doping rule violation, JADA has
authority to conduct results management in respect of that anti-doping
rule violation.
[Comment to Article 7.12: Conduct by an Athlete or other Person before theAthlete or other Person was subject to the jurisdiction of any Anti-Doping
Organisation would not constitute an anti-doping rule violation but could be alegitimate basis for denying the Athlete or other Person membership in a sports
organisation.]

8

ARTICLE 8

8.1

Appointment of Japan Anti-Doping Disciplinary Panel
8.1.1

DISCIPLINARY PROCEDUREJADA shall appoint Japan Anti-Doping Disciplinary Panel consistingof a Chair and two (2) Vice-Chairs, each of whom shall be legal
practitioners of not less than five (5) years standing, three (3)medical practitioners of not less than five (5) years standing; andthree (3) additional members, each of whom shall be, or has
previously been, a sports administrator or an Athlete, all of whom
will be appointed on the basis that they are in a position to hear thecases fairly, impartially and independently.

8.1.2

Each panel member shall be appointed for a term of two (4) years.

8.1.3

If a panel member dies or resigns, JADA may appoint an
independent person to be a panel member to fill the resultant
vacancy. The person so appointed shall be appointed for theremainder of the term of the member who occasioned the vacancy.

8.1.4

8.2

A panel member may be re-appointed by JADA.

Jurisdiction of Japan Anti-Doping Disciplinary Panel
8.2.1

Japan Anti-Doping Disciplinary Panel has the power to hear anddetermine any matter which is referred to it and all issues arising
therefrom pursuant to this Japan Anti-Doping Code. In particular,

47

Japan Anti-Doping Disciplinary Panel has the power to determine
the Consequences of Anti-Doping Rule Violations to be imposed
pursuant to this Japan Anti-Doping Code.
8.2.2

Japan Anti-Doping Disciplinary Panel shall act in a fair and impartial
manner towards all parties at all times.

8.2.3

Japan Anti-Doping Disciplinary Panel has all powers necessary for,and incidental to, the exercise of its functions.

8.2.4

No final decision of, or no Consequences of Anti-Doping Rule
Violations imposed by, Japan Anti-Doping Disciplinary Panel shallbe quashed, varied or held invalid, by any court, arbitrator, tribunal
or other hearing body other than Japan Sports Arbitration Agency
or CAS for any reason, including for reason of any defect,
irregularity, omission or departure from the procedures set out inthis Japan Anti-Doping Code, provided there has been no
miscarriage of justice.

8.3

Hearings Before Japan Anti-Doping Disciplinary Panel
8.3.1

When JADA sends a notice to an Athlete or other Person assertingan anti-doping rule violation, and the Athlete or other Person does
not waive a hearing in accordance with Article 7.10.1 or Article
7.10.2, then the case shall be referred to Japan Anti-Doping
Disciplinary Panel for hearing and adjudication as to whether aviolation of this Japan Anti-Doping Code has occurred and if sowhat Consequences should be imposed.

8.3.2

The Chair of Japan Anti-Doping Disciplinary Panel shall appoint
three (3) members from the panel to hear and determine each case.
Each such hearing panel shall comprise the chair of such hearing
panel (i.e. Chair or Vice-Chairs of Japan Anti-Doping Disciplinary
Panel),

one

medicalpractitioner

memberandone

sportsadministrator or Athlete (or previous sports administrator or
Athlete) member. The panel which conducts hearings and consists48

of members appointed under this Article 8.3.2 is hereinafterreferred to as the “hearing panel”.
8.3.3

The appointed members of the hearing panel shall have had no
prior involvement with the case. Each member, upon appointment,
shall disclose to the Chair any circumstances likely to affectimpartiality with respect to any of the parties of the case.

8.3.4

Japan Anti-Doping Disciplinary Panel shall have the power, at its
absolute discretion, to appoint an expert to assist or advise thehearing panel as required by the panel.

8.3.5

The

International

Federation,

and/orthe

National

SportsFederation concerned, if not a party to the hearing proceedings,
JOC and JPC, if not a party to the proceedings, and WADA shall eachhave the right to attend hearings of Japan Anti-Doping Disciplinary
Panel as an observer.

In any event, JADA shall keep WADA fully

apprised as to the status of pending cases and the result of all
hearings.
8.3.6

Hearings pursuant to this Article should be completed expeditiously
and in all cases within three (3) months of the completion of theresults management process described in Article 7 (Results
Management), save where exceptional circumstances (including
the cases where there is any circumstance which may justify theapplication of Article 10.6) apply.

8.3.7

Unless otherwise agreed between the parties or unless there exists
a reasonably practical reason, Japan Anti-Doping Disciplinary Panelshall:
8.3.7.1

commence the hearing within fourteen (14) businessdays of the notification date of the assertion ofanti-doping rule violation by JADA (simply referred toas “notification date” in this article 8.3.7);

8.3.7.2

issue a written decision within twenty (20) businessdays of the notification date; and49

8.3.7.3

issue written reasons for the decision within thirty (30)business days of the notification date.

8.3.8

Hearings held in connection with Events that are subject to thisJapan Anti-Doping Code may be conducted by an expedited
process where permitted by the hearing panel.

[Comment to Article 8.3.8:

For example, a hearing could be expedited on the eveof a major Event where the resolution of the anti-doping rule violation is necessary
to determine the Athlete's eligibility to participate in the Event, or during an Event
where the resolution of the case will affect the validity of the Athlete's results orcontinued participation in the Event.]

8.4

Proceedings of Japan Anti-Doping Disciplinary Panel
8.4.1

Subject to the provisions of this Japan Anti-Doping Code, Japan
Anti-Doping Disciplinary Panel and its hearing panels shall have thepower to regulate their procedures.

8.4.2

Hearings of Japan Anti-Doping Disciplinary Panel shall be private,
unless JADA and the Person against whom the case is brought
agree on a public hearing.

8.4.3

JADA shall present the case against the Person before hearing
panel of Japan Anti-Doping Disciplinary Panel and, where
requested by JADA, the National Sports Federation of the Person
concerned shall assist JADA.

8.4.4

The Person, against whom the case is brought, has the right torespond to the asserted anti-doping rule violation and resulting
Consequences.

8.4.5

A failure by any party or its representative to attend a hearing after
notification will be deemed to be an abandonment of its right to ahearing. This right may be reinstated on reasonable grounds.

8.4.6

Each party shall have the right to be represented at a hearing, atthat party’s own expense.

50

8.4.7

Every party shall have the right to an interpreter at the hearing, if
deemed necessary by the hearing panel. The hearing panel shalldetermine the identity and responsibility for the cost of any
interpreter.

8.4.8

Each party to the proceedings has the right to present evidence,
including the right to call and question witnesses (subject to thehearing panel’s discretion to accept testimony by telephone,
written statement or submission, whether by fax, email or othermeans).

8.4.9

Facts related to anti-doping rule violations may be established byany reliable means, including admissions. The hearing panel may
receive evidence, including hearsay, as it thinks fit and shall beentitled to attach such weight to that evidence as it deems
appropriate.

8.4.10 The hearing panel may postpone or adjourn a hearing.
8.4.11 The hearing panel, at the request of one of the parties to theproceedings or on its own initiative, may require one or moreparties to the proceedings, prior to the hearing, to supply it and/or
the other parties to the proceedings with further particulars of thecase to be presented by that party at the hearing, including what
witnesses they intend to call and that party shall comply with that
direction.
8.4.12 Any failure by the Person concerned to comply with any
requirement or direction of the hearing panel shall not prevent thehearing panel from proceeding and such failure may be taken into
consideration by the hearing panel when making its decision.
8.4.13 Hearings may be recorded and JADA shall own and retain any
recording.

8.5

Decisions of Japan Anti-Doping Disciplinary Panel51

8.5.1The deliberations of the hearing panel on its decision shall beprivate.

8.5.2

Any minority or dissenting decisions shall be noted in the written
reasons. In the event of a majority decision, this shall be thedecision of the hearing panel.

8.5.3

The decision of the hearing panel shall be written, dated, andsigned by either Chair or Vice-Chair who has presided the hearing.
In order to expedite the finalisation of the hearing, the decision
may be handed down without written reasons in accordance withthe time schedule outlined in Article 8.3.7, provided, however, (ifapplicable) the decision shall explain a justification for why thegreatest potential Consequences were not imposed.

8.5.4

The decision of the hearing panel shall be advised to the parties tothe proceedings, WADA, the relevant International Federation, JSC,
(and to JOC, JPC and National Sports Federation if not a party to theproceedings) as soon as practicable after the conclusion of thehearing.

8.5.5

The decision of Japan Anti-Doping Disciplinary Panel may be
appealed as provided in Article 13. If no appeal is brought against
the decision, then (a) if the decision is that an anti-doping ruleviolation was committed, the decision shall be Publicly Disclosed asprovided in Article 14.3.2; but (b) if the decision is that no
anti-doping rule violation was committed, then the decision shall
only be Publicly Disclosed with the consent of the Athlete or other
Person who is the subject of the decision.

JADA shall use

reasonable efforts to obtain such consent, and if consent isobtained, shall Publicly Disclose the decision in its entirety or insuch redacted form as the Athlete or other Person may approve.
The principles contained at Article 14.3.6 shall be applied in cases
involving a Minor.

8.6

Single Hearing Before CAS

52

Cases asserting anti-doping rule violations against International-Level
Athletes or National-Level Athletes may be heard directly at CAS, with norequirement for a prior hearing, with the consent of the Athlete, JADA,
WADA, and any other Anti-Doping Organisation that would have had a rightto appeal a first instance hearing decision to CAS.
[Comment to Article 8.6:

Where all of the parties identified in this Article aresatisfied that their interests will be adequately protected in a single hearing, there
is no need to incur the extra expense of two hearings. An Anti-Doping Organisationthat wants to participate in the CAS hearing as a party or as an observer may
condition its approval of a single hearing on being granted that right.]

9

ARTICLE 9

AUTOMATIC DISQUALIFICATION OF INDIVIDUALRESULTSAn anti-doping rule violation in Individual Sports in connection with an
In-Competition test automatically leads to Disqualification of the result obtained inthat Competition with all resulting Consequences, including forfeiture of any
medals, points and prizes.
[Comment to Article 9: For Team Sports, any awards received by individual players
will be Disqualified. However, Disqualification of the team will be as provided in
Article 11. In sports which are not Team Sports but where awards are given toteams, Disqualification or other disciplinary action against the team when one ormore team members have committed an anti-doping rule violation shall be asprovided in the applicable rules of the International Federation.]

10

ARTICLE 10SANCTIONS ON INDIVIDUALS

10.1

DisqualificationofResults

in

the

Event

duringwhichanAnti-Doping Rule Violation Occurs
An anti-doping rule violation occurring during or in connection with an
Event may, upon the decision of the ruling body of the Event, lead to
Disqualification of all of the Athlete’s individual results obtained in that53

Event, with all Consequences, including forfeiture of all medals, points andprizes, except as provided in Article 10.1.1.
Factors to be included in considering whether to Disqualify other results in
an Event might include, for example, the seriousness of the Athlete’s
anti-doping rule violation and whether the Athlete tested negative in theother Competitions.
[Comment to Article 10.1: Whereas Article 9 Disqualifies the result in a single
Competition in which the Athlete tested positive (e.g., the 100 meter backstroke),
this Article may lead to Disqualification of all results in all races during the Event(e.g., the FINA World Championships).]

10.1.1 If the Athlete establishes he or she bears No Fault or Negligence forthe violation, the Athlete’s individual results in the other
Competitions shall not be Disqualified unless the Athlete’s results in
Competitions other than the Competition in which the anti-doping
rule violation occurred were likely to have been affected by the
Athlete’s anti-doping rule violation.

10.2

Ineligibility for Presence, Use or Attempted Use, or Possession of a
Prohibited Substance or Prohibited Method
The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as
follows, subject to potential reduction or suspension pursuant to Articles
10.4, 10.5 or 10.6:
10.2.1 The period of Ineligibility shall be four years where:
10.2.1.1

The anti-doping rule violation does not involve a
Specified Substance, unless the Athlete or other Person
can establish that the anti-doping rule violation was notintentional.

10.2.1.2

The anti-doping rule violation involves a Specified
Substance and JADA can establish that the anti-doping
rule violation was intentional.

54

10.2.2 If Article 10.2.1 does not apply, the period of Ineligibility shall be
two years.
10.2.3 As used in Articles 10.2 and 10.3, the term “intentional” is meant to
identify those Athletes who cheat. The term, therefore, requiresthat the Athlete or other Person engaged in conduct which he or she
knew constituted an anti-doping rule violation or knew that there
was a significant risk that the conduct might constitute or result inan anti-doping rule violation and manifestly disregarded that risk.
An anti-doping rule violation resulting from an Adverse Analytical
Finding for a substance which is only prohibited In-Competition
shall be rebuttably presumed to be not "intentional" if thesubstance is a Specified Substance and the Athlete can establishthat the Prohibited Substance was Used Out-of-Competition. An
anti-doping rule violation resulting from an Adverse Analytical
Finding for a substance which is only prohibited In-Competition
shall not be considered "intentional" if the substance is not aSpecified Substance and the Athlete can establish that theProhibited Substance was Used Out-of-Competition in a context
unrelated to sport performance.

10.3

Ineligibility for Other Anti-Doping Rule Violations
The period of Ineligibility for anti-doping rule violations other than asprovided in Article 10.2 shall be as follows, unless Articles 10.5 or 10.6 areapplicable:
10.3.1 For violations of Article 2.3 or Article 2.5, the period of Ineligibility
shall be four (4) years unless, in the case of failing to submit toSample collection, the Athlete can establish that the commission of
the anti-doping rule violation was not intentional (as defined in
Article 10.2.3), in which case the period of Ineligibility shall be twoyears.
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be twoyears, subject to reduction down to a minimum of one year,55

depending on the Athlete’s degree of Fault. The flexibility between
two years and one year of Ineligibility in this Article is not available
to Athletes where a pattern of last-minute whereabouts changes orother conduct raises a serious suspicion that the Athlete was trying
to avoid being available for Testing.
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall bea minimum of four (4) years up to lifetime Ineligibility, dependingon the seriousness of the violation. An Article 2.7 or Article 2.8
violation involving a Minor shall be considered a particularly serious
violation and, if committed by Athlete Support Personnel for
violations other than Specified Substances, shall result in lifetime
Ineligibility for such Athlete Support Personnel. In addition,
significant violations of Articles 2.7 or 2.8 which may also violate
non-sporting laws and regulations, shall be reported to thecompetent administrative, professional or judicial authorities.
[Comment to Article 10.3.3: Those who are involved in doping Athletes orcovering up doping should be subject to sanctions which are more severe than the
Athletes who test positive. Since the authority of sport organisations is generally
limited to Ineligibility for accreditation, membership and other sport benefits,
reporting Athlete Support Personnel to competent authorities is an important stepin the deterrence of doping.]

10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shallbe a minimum of two years, up to four years, depending on theseriousness of the violation.
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be twoyears, subject to reduction down to a minimum of one year,
depending on the Athlete or other Person’s degree of Fault andother circumstances of the case.
[Comment to Article 10.3.5:

Where the “other Person” referenced in Article 2.10

is an entity and not an individual, that entity may be disciplined as provided in
Article 12.]

56

10.4

Elimination of the Period of Ineligibility where there is No Fault or
Negligence
If an Athlete or other Person establishes in an individual case that he or shebears No Fault or Negligence, then the otherwise applicable period of
Ineligibility shall be eliminated.

[Comment to Article 10.4: This Article and Article 10.5.2 apply only to theimposition of sanctions; they are not applicable to the determination of whether ananti-doping rule violation has occurred. They will only apply in exceptional
circumstances, for example where an Athlete could prove that, despite all due care,he or she was sabotaged by a competitor. Conversely, No Fault or Negligencewould not apply in the following circumstances: (a) a positive test resulting from amislabelled or contaminated vitamin or nutritional supplement (Athletes are
responsible for what they ingest (Article 2.1.1) and have been warned against thepossibility of supplement contamination); (b) the Administration of a Prohibited
Substance by the Athlete’s personal physician or trainer without disclosure to the
Athlete (Athletes are responsible for their choice of medical personnel and foradvising medical personnel that they cannot be given any Prohibited Substance);and (c) sabotage of the Athlete’s food or drink by a spouse, coach or other Person
within the Athlete’s circle of associates (Athletes are responsible for what they
ingest and for the conduct of those Persons to whom they entrust access to theirfood and drink). However, depending on the unique facts of a particular case, anyof the referenced illustrations could result in a reduced sanction under Article 10.5
based on No Significant Fault or Negligence.]

10.5

Reduction of the Period of Ineligibility based on No Significant
Fault or Negligence
10.5.1 Reduction of Sanctions for Specified Substances or Contaminated
Products for Violations of Article 2.1, 2.2 or 2.6.
10.5.1.1

Specified Substances57

Wheretheanti-doping ruleviolation

involvesaSpecified Substance, and the Athlete or other Person
can establish No Significant Fault or Negligence, thenthe period of Ineligibility shall be, at a minimum, areprimand and no period of Ineligibility, and at a
maximum, two years of Ineligibility, depending on the
Athlete’s or other Person’s degree of Fault.
10.5.1.2

Contaminated Products
In cases where the Athlete or other Person canestablish No Significant Fault or Negligence and thatthe detected Prohibited Substance came from a
Contaminated Product, then the period of Ineligibility
shall be, at a minimum, a reprimand and no period of
Ineligibility, and at a maximum, two years Ineligibility,
depending on the Athlete's or other Person’s degree ofFault.

[Comment to Article 10.5.1.2:

In assessing that Athlete’s degree of Fault, it

would, for example, be favourable for the Athlete if the Athlete had declared the
product which was subsequently determined to be contaminated on his or her
Doping Control form.]

10.5.2 Application of No Significant Fault or Negligence beyond theApplication of Article 10.5.1
If an Athlete or other Person establishes in an individual case where
Article 10.5.1 is not applicable, that he or she bears No Significant
Fault or Negligence, then, subject to further reduction or
elimination as provided in Article 10.6, the otherwise applicable
period of Ineligibility may be reduced based on the Athlete or other
Person’s degree of Fault, but the reduced period of Ineligibility may
not be less than one-half of the period of Ineligibility otherwise

58

applicable. If the otherwise applicable period of Ineligibility is a
lifetime, the reduced period under this Article may be no less thaneight years.
[Comment to Article 10.5.2:

Article 10.5.2 may be applied to any anti-doping ruleviolation except those Articles where intent is an element of the anti-doping ruleviolation (e.g., Article 2.5, 2.7, 2.8 or 2.9) or an element of a particular sanction(e.g., Article 10.2.1) or a range of Ineligibility is already provided in an Article
based on the Athlete or other Person’s degree of Fault.]

10.6

Elimination, Reduction, or Suspension of Period of Ineligibility orother Consequences for Reasons Other than Fault
10.6.1 Substantial Assistance in Discovering or Establishing Anti-Doping
Rule Violations
10.6.1.1

JADA may, prior to a final appellate decision under
Article 13 or the expiration of the time to appeal,suspend a part of the period of Ineligibility imposed in
an individual case in which it has results management
authority where the Athlete or other Person has
provided Substantial Assistance to an Anti-Doping
Organisation,

criminal

authorityorprofessional

disciplinary body which results in; (i) the Anti-Doping
Organisation

discoveringorbringing

forwardananti-doping rule violation by another Person ,or (ii)which results in a criminal or disciplinary body
discovering or bringing forward a criminal offense or
the breach of professional rules committed by another
Person and the information provided by the Person
providing Substantial Assistance is made available to
JADA.
After a final appellate decision under Article 13 or the
expiration of time to appeal, JADA may only suspend apart of the otherwise applicable period of Ineligibility

59with the approval of WADA and the applicable
International Federation. The extent to which theotherwise applicable period of Ineligibility may besuspended shall be based on the seriousness of theanti-doping rule violation committed by the Athlete orother Person and the significance of the Substantial
Assistance provided by the Athlete or other Person to
the effort to eliminate doping in sport. No more than
three-quarters of the otherwise applicable period of
Ineligibility may be suspended. If the otherwise
applicable period of Ineligibility is a lifetime, thenon-suspended period under this Article must be noless than eight (8) years. If the Athlete or other Person
fails to continue to cooperate and to provide thecomplete and credible Substantial Assistance uponwhich a suspension of the period of Ineligibility was
based, JADA shall reinstate the original period of
Ineligibility. If JADA decides to reinstate a suspended
period of Ineligibility or decides not to reinstate asuspended period of Ineligibility, that decision may be
appealed by any Person entitled to appeal under Article
13.
10.6.1.2

To further encourage Athletes and other Persons toprovideSubstantial

AssistancetoAnti-Doping

Organisations, at the request of JADA or at the requestof the Athlete or other Person who has, or has beenasserted to have, committed an anti-doping ruleviolation, WADA may agree at any stage of the results
management process, including after a final appellate
decision under Article 13, to what it considers to be an
appropriate suspension of the otherwise-applicable
period of Ineligibility and other Consequences.

In

exceptionaltocircumstances,

60

WADA

may

agree

suspensions of the period of Ineligibility and otherConsequences for Substantial Assistance greater thanthose otherwise provided in this Article, or even no
period of Ineligibility, and/or no return of prize moneyor payment of fines or costs. WADA’s approval shallbe subject to reinstatement of sanction, as otherwise
provided in this Article.

Notwithstanding Article 13,

WADA’s decisions in the context of this Article may not
be appealed by any other Anti-Doping Organisation.
10.6.1.3

If JADA suspends any part of an otherwise applicablesanction because of Substantial Assistance, then noticeproviding justification for the decision shall be provided
to the other Anti-Doping Organisations with a right toappeal under Article 13.2.3 as provided in Article 14.2.
In unique circumstances where WADA determines that
it would be in the best interest of anti-doping, WADA
mayauthorise

JADA

to

enter

into

appropriate

confidentiality agreements limiting or delaying thedisclosure of the Substantial Assistance agreement or
the nature of Substantial Assistance being provided.
[Comment to Article 10.6.1: The cooperation of Athletes, Athlete Support
Personnel and other Persons who acknowledge their mistakes and are willing tobring other anti-doping rule violations to light is important to clean sport. This is
the only circumstance under the Code where the suspension of an otherwise
applicable period of Ineligibility is authorised.

10.6.2 Admission of an Anti-Doping Rule Violation in the Absence of Other
Evidence
Where an Athlete or other Person voluntarily admits thecommission of an anti-doping rule violation before having received
notice of a Sample collection which could establish an anti-doping
rule violation (or, in the case of an anti-doping rule violation other61

than Article 2.1, before receiving first notice of the admitted
violation pursuant to Article 7) and that admission is the only
reliable evidence of the violation at the time of admission, then the
period of Ineligibility may be reduced, but not below one-half of theperiod of Ineligibility otherwise applicable.
[Comment to Article 10.6.2: This Article is intended to apply when an Athlete orother Person comes forward and admits to an anti-doping rule violation incircumstances where no Anti-Doping Organisation is aware that an anti-doping
rule violation might have been committed. It is not intended to apply tocircumstances where the admission occurs after the Athlete or other Person
believes he or she is about to be caught. The amount by which Ineligibility is
reduced should be based on the likelihood that the Athlete or other Person would
have been caught had he/she not come forward voluntarily.]10.6.3 Prompt Admission of an Anti-Doping Rule Violation after being
Confronted with a Violation Sanctionable under Article 10.2.1 or
Article 10.3.1
An Athlete or other Person potentially subject to a four-year
sanction under Article 10.2.1 or 10.3.1 (for evading or refusing
Sample Collection or Tampering with Sample Collection), bypromptly admitting the asserted anti-doping rule violation after
being confronted by JADA, and also upon the approval and at thediscretion of both WADA and JADA, may receive a reduction in the
period of Ineligibility down to a minimum of two years, dependingon the seriousness of the violation and the Athlete or other Person’s
degree of Fault.
10.6.4 Application of Multiple Grounds for Reduction of a Sanction
Where an Athlete or Other Person establishes entitlement to
reduction in sanction under more than one provision of Article 10.4,
10.5 or 10.6, before applying any reduction or suspension under
Article 10.6, the otherwise applicable period of Ineligibility shall be
determined in accordance with Articles 10.2, 10.3, 10.4 and 10.5.

62

If the Athlete or other Person establishes entitlement to a reduction
or suspension of the period of Ineligibility under Article 10.6, thenthe period of Ineligibility may be reduced or suspended, but not
below one-fourth of the otherwise applicable period of Ineligibility.
[Comment to Article 10.6.4: The appropriate sanction is determined in a sequenceof four steps. First, the hearing panel determines which of the basic sanctions(Articles 10.2, 10.3, 10.4 or 10.6) apply to the particular anti-doping rule violation.
Second, if the basic sanction provides for a range of sanctions, the hearing panel
must determine the applicable sanction within that range according to the Athlete
or other Person’s degree of Fault. In a third step, the hearing panel establishes
whether there is a basis for elimination, suspension, or reduction of the sanction(Article 10.6). Finally, the hearing panel decides on the commencement of theperiod of Ineligibility under Article 10.11. Several examples of how Article 10 is tobe applied are found in Appendix 2.]

10.7

Multiple Violations
10.7.1 For an Athlete or other Person’s second anti-doping rule violation,
the period of Ineligibility shall be the greater of:(a)six months;(b)

one-half of the period of Ineligibility imposed for the firstanti-doping rule violation without taking into account any
reduction under Article 10.6; or(c)twice the period of Ineligibility otherwise applicable to thesecond anti-doping rule violation treated as if it were a first
violation, without taking into account any reduction under
Article 10.6.

The period of Ineligibility established above may then be further
reduced by the application of Article 10.6.
10.7.2 A third anti-doping rule violation will always result in a lifetime
period of Ineligibility, except if the third violation fulfils thecondition for elimination or reduction of the period of Ineligibility

63

under Article 10.4 or 10.5, or involves a violation of Article 2.4 In
these particular cases, the period of Ineligibility shall be from eight(8) years to life Ineligibility.
10.7.3 An anti-doping rule violation for which an Athlete or other Person
has established No Fault or Negligence shall not be considered aprior violation for purposes of this Article.
10.7.4 Additional Rules for Certain Potential Multiple Violations
10.7.4.1

For purposes of imposing sanctions under Articles 10.7,
an anti-doping rule violation will only be considered asecond violation if JADA can establish that the Athlete
or other Person committed the second anti-doping ruleviolation after the Athlete or other Person received
notice pursuant to Article 7, or after JADA made areasonable efforts to give notice, of the first anti-doping
rule violation. If JADA cannot establish this, theviolations shall be considered together as one single
first violation, and the sanction imposed shall be basedon the violation that carries the more severe sanction.

10.7.4.2

If, after the imposition of a sanction for a firstanti-doping

rule

violation,

JADA

discovers

facts

involving an anti-doping rule violation by the Athlete orother Person which occurred prior to notification
regarding the first violation, then JADA shall impose anadditional sanction based on the sanction that could
have been imposed if the two violations had been
adjudicated

at

the

same

time.

Results

inallCompetitions dating back to the earlier anti-doping ruleviolation will be Disqualified as provided in Article 10.8.
10.7.5 Multiple Anti-Doping Rule Violations during Ten-Year Period.
For purposes of Article 10.7, each anti-doping rule violation musttake place within the same ten (10) year period in order to beconsidered multiple violations.

64

10.8

Disqualification of Results in Competitions Subsequent to Sample
Collection or Commission of an Anti-Doping Rule Violation
In addition to the automatic Disqualification of the results in theCompetition which produced the positive Sample under Article 9, all othercompetitive results of the Athlete obtained from the date a positive Sample
was collected (whether In-Competition or Out-of-Competition), or otheranti-doping rule violation occurred, through the commencement of any
Provisional Suspension or Ineligibility period, shall, unless fairness requires
otherwise, be Disqualified with all of the resulting Consequences including
forfeiture of any medals, points and prizes.

[Comment to Article 10.8: Nothing in this Japan Anti-Doping Code precludes clean
Athletes or other Persons who have been damaged by the actions of a Person who
has committed an anti-doping rule violation from pursuing any right which theywould otherwise have to seek damages from such Person.]

10.9

Allocation of CAS Cost Awards and Forfeited Prize Money
The priority for repayment of CAS cost awards and forfeited prize money
shall be:first, payment of costs awarded by CAS; second, reallocation of

forfeited prize money to other Athletes if provided for in the rules of theapplicable International Federation; and third, reimbursement of theexpenses of JADA.

10.10 Financial Consequences
Where an Athlete or other Person commits an anti-doping rule violation,
JADA may, in its discretion and subject to the principle of proportionality,
elect to a) recover from the Athlete or other Person costs associated withthe anti-doping rule violation, regardless of the period of Ineligibility
imposed and/or b) fine the Athlete or other Person in an amount up to one
million (¥1,000,000) JPY, only in cases where the maximum period of
Ineligibility otherwise applicable has already been imposed.

65

The imposition of a financial sanction or the JADA's recovery of costs shallnot be considered a basis for reducing the Ineligibility or other sanction
which would otherwise be applicable under this Japan Anti-Doping Code or
the Code.

10.11 Commencement of Ineligibility Period
Except as provided below, the period of Ineligibility shall start on the dateof the final hearing decision providing for Ineligibility or, if the hearing iswaived or there is no hearing, on the date Ineligibility is accepted orotherwise imposed.
10.11.1

Delays Not Attributable to the Athlete or other Person
Where there have been substantial delays in the hearing
process or other aspects of Doping Control not attributable to
the Athlete or other Person, Japan Anti-Doping Disciplinary
Panel may start the period of Ineligibility at an earlier datecommencing as early as the date of Sample collection or thedate on which another anti-doping rule violation last occurred.
All competitive results achieved during the period of Ineligibility,
including retroactive Ineligibility, shall be Disqualified.

[Comment to Article 10.11.1:

In cases of anti-doping rule violations other thanunder Article 2.1, the time required for an Anti-Doping Organisation to discoverand develop facts sufficient to establish an anti-doping rule violation may belengthy, particularly where the Athlete or other Person has taken affirmative action
to avoid detection. In these circumstances, the flexibility provided in this Article
to start the sanction at an earlier date should not be used.

10.11.2

Timely Admission
Where the Athlete or other Person promptly (which, in all
events, for an Athlete means before the Athlete competes
again) admits the anti-doping rule violation after being
confronted with the anti-doping rule violation by JADA, the66

period of Ineligibility may start as early as the date of Sample
collection or the date on which another anti-doping ruleviolation last occurred. In each case, however, where this
Article is applied, the Athlete or other Person shall serve atleast one-half of the period of Ineligibility going forward fromthe date the Athlete or other Person accepted the imposition ofa sanction, the date of a hearing decision imposing a sanction,or the date the sanction is otherwise imposed. This Article shallnot apply where the period of Ineligibility already has been
reduced under Article 10.6.3.
10.11.3

Credit for Provisional Suspension or Period of Ineligibility Served

10.11.3.1 If a Provisional Suspension is imposed and respected by
the Athlete or other Person, then the Athlete or other
Person shall receive a credit for such period ofProvisional

Suspension

againstany

periodofIneligibility which may ultimately be imposed. If aperiod of Ineligibility is served pursuant to a decisionthat is subsequently appealed, then the Athlete or other
Person shall receive a credit for such period of
Ineligibility served against any period of Ineligibility
which may ultimately be imposed on appeal.
10.11.3.2 If an Athlete or other Person voluntarily accepts a
Provisional Suspension in writing from JADA andthereafter respects the Provisional Suspension, theAthlete or other Person shall receive a credit for such
period of voluntary Provisional Suspension against any
period of Ineligibility which may ultimately be imposed.
A copy of the Athlete or other Person’s voluntary
acceptance of a Provisional Suspension shall be
provided promptly to each party entitled to receive
notice of an asserted anti-doping rule violation under
Article 14.1.

67

[Comment to Article 10.11.3.2: An Athlete’s voluntary acceptance of a Provisional
Suspension is not an admission by the Athlete and shall not be used in any way as
to draw an adverse inference against the Athlete.]10.11.3.3 No credit against a period of Ineligibility shall be given
for any time period before the effective date of theProvisional

Suspension

orvoluntary

Provisional

Suspension regardless of whether the Athlete elected
not to compete or was suspended by his or her team.
10.11.3.4 In Team Sports, where a period of Ineligibility is
imposed upona team, unless

fairnessrequiresotherwise, the period of Ineligibility shall start on thedate of the final hearing decision providing forIneligibility or, if the hearing is waived, on the dateIneligibility is accepted or otherwise imposed.
periodofteam

Provisional

Suspension

Any(whether

imposed or voluntarily accepted) shall be credited
against the total period of Ineligibility to be served.

[Comment to Article 10.11: Article 10.11 makes clear that delays not attributable
to the Athlete, timely admission by the Athlete and Provisional Suspension are theonly justifications for starting the period of Ineligibility earlier than the date of the
final hearing decision.]10.12 Status during Ineligibility
10.12.1

Prohibition Against Participation During Ineligibility
No Athlete or other Person who has been declared Ineligible
may, during the period of Ineligibility, participate in any
capacity in a Competition or activity (other than authorised
anti-doping

education

68

orrehabilitation

programmes)authorised or organised by any Signatory, Signatory's member
organisation, or a club or other member organisation of a
Signatory’s

memberorganisation,orinCompetitions

authorised or organised by any professional league or any
international or national level Event organisation or any elite or
national-level sporting activity funded by a governmental
agency.
An Athlete or other Person subject to a period of Ineligibility
longer than four (4) years may, after completing four (4) yearsof the period of Ineligibility, participate as an Athlete in local
sport events not sanctioned or otherwise under the jurisdictionof a Code Signatory or member of a Code Signatory, but only solong as the local sport event is not at a level that could
otherwise qualify such Athlete or other Person directly or
indirectly to compete in (or accumulate points toward) a
national championship or International Event, and does not
involve the Athlete or other Person working in any capacity with
Minors.
An Athlete or other Person subject to a period of Ineligibility
shall remain subject to Testing.
[Comment to Article 10.12.1: For example, subject to Article 10.12.2 below, an
Ineligible Athlete cannot participate in a training camp, exhibition or practiceorganised by his or her National Sports Federation or a club which is a member ofthat National Sports Federation or which is funded by a governmental agency.
Further, an Ineligible Athlete may not compete in a non-Signatory professional
league (e.g., the National Hockey League, the National Basketball Association,etc.), Events organised by a non-Signatory International Event organisation or a
non-Signatory

national-level

event

organisation

without

triggeringtheConsequences set forth in Article 10.12.3. The term “activity” also includes, forexample, administrative activities, such as serving as an official, director, officer,
employee, or volunteer of the organisation described in this Article. Ineligibility
imposed in one sport shall also be recognised by other sports (see Article 15.4,
Mutual Recognition).]69

10.12.2

Return to Training
As an exception to Article 10.12.1, an Athlete may return totrain with a team or to use the facilities of a club or othermember organisation of JADA’s member organisation during
the shorter of:(1) the last two months of the Athlete’s period

of Ineligibility, or (2) the last one-quarter of the period of
Ineligibility imposed.
[Comment to Article 10.12.2:

In many Team Sports and some individual sports(e.g., ski jumping and gymnastics), an Athlete cannot effectively train on his/her
own so as to be ready to compete at the end of the Athlete’s period of Ineligibility.
During the training period described in this Article, an Ineligible Athlete may notcompete or engage in any activity described in Article 10.12.1 other than training.]

10.12.3

Violation of the Prohibition of Participation During Ineligibility.
Where an Athlete or other Person who has been declared
Ineligible violates the prohibition against participation during
Ineligibility described in Article 10.12.1, the results of suchparticipation shall be Disqualified and a new period of
Ineligibility equal in length to the original period of Ineligibility
shall be added to the end of the original period of Ineligibility.
The new period of Ineligibility may be adjusted based on the
Athlete or other Person’s degree of Fault and othercircumstances of the case. The determination of whether anAthlete or other Person has violated the prohibition against
participation, and whether an adjustment is appropriate, shallbe made by the Anti-Doping Organisation whose results
management led to the imposition of the initial period of
Ineligibility. This decision may be appealed under Article 13.
Where an Athlete Support Person or other Person assists a
Person in violating the prohibition against participation during

70

Ineligibility, JADA shall impose sanctions for a violation of
Article 2.9 for such assistance.
10.12.4

Withholding of Financial Support during Ineligibility.
In addition, for any anti-doping rule violation not involving a
reduced sanction as described in Article 10.4 or 10.5, some or
all sport-related financial support or other sport-related
benefits received by such Person will be withheld by JADA, theJapanese Government, and the National Sports Federations.

10.13 Automatic Publication of Sanction
A mandatory part of each sanction shall include automatic publication, as
provided in Article 14.3.
[Comment to Article 10:

Harmonisation of sanctions has been one of the most

discussed and debated areas of anti-doping. Harmonisation means that the same
rules and criteria are applied to assess the unique facts of each case. Arguments
against requiring harmonisation of sanctions are based on differences between
sports including, for example, the following: in some sports the Athletes areprofessionals making a sizable income from the sport and in others the Athletes aretrue amateurs; in those sports where an Athlete's career is short, a standard period
of Ineligibility has a much more significant effect on the Athlete than in sports
where careers are traditionally much longer. A primary argument in favour of
harmonisation is that it is simply not right that two Athletes from the same country
who test positive for the same Prohibited Substance under similar circumstances
should receive different sanctions only because they participate in different sports.
In addition, flexibility in sanctioning has often been viewed as an unacceptable
opportunity for some sporting organisations to be more lenient with dopers. The
lack of harmonisation of sanctions has also frequently been the source ofjurisdictional conflicts between International Federations and National Anti-Doping
Organisations.]

71

11

ARTICLE 11

CONSEQUENCES TO TEAMS

11.1

Testing of Team Sports
Where more than one member of a team in a Team Sport has been notified
of an anti-doping rule violation under Article 7 in connection with an Event,
the ruling body for the Event shall conduct appropriate Target Testing of
the team during the Event Period.

11.2

Consequences for Team Sports
If more than two members of a team in a Team Sport are found to havecommitted an anti-doping rule violation during an Event Period, the rulingbody of the Event shall impose an appropriate sanction on the team (e.g.,loss of points, Disqualification from a Competition or Event, or othersanction) in addition to any Consequences imposed upon the individual
Athletes committing the anti-doping rule violation.

11.3

Event Ruling Body May Establish Stricter Consequences for TeamSports
The ruling body for an Event may elect to establish rules for the Event
which impose Consequences for Team Sports stricter than those in Article
11.2 for purposes of the Event.

[Comment to Article 11.3:

For example, the International Olympic Committee

could establish rules which would require Disqualification of a team from the
Olympic Games based on a lesser number of anti-doping rule violations during theperiod of the Games.]

12

ARTICLE 12SANCTIONS

AND

COSTS

ASSESSEDAGAINST

SPORTING BODIES
12.1

JADA has the authority to request the relevant public authorities towithhold some or all funding or other non-financial support to National

72

Sports Federations that are not in compliance with this Japan Anti-Doping
Code.
12.2

National Sports Federations shall be obligated to reimburse JADA for all
costs (including but not limited to laboratory fees, hearing expenses andtravel) related to a violation of this Japan Anti-Doping Code committed by
an Athlete or other Person affiliated with that National Sports Federation.

12.3

JADA may elect to request JOC and/or JPC to take additional disciplinary
action against National Sports Federations with respect to recognition, theeligibility of its officials and Athletes to participate in International Eventsand fines based on the following:
12.3.1 Four or more violations of this Japan Anti-Doping Code (other thanviolations involving Article 2.4) are committed by Athletes or other
Persons affiliated with a National Sports Federation within a
12-month period.
12.3.2 More than one Athlete or other Person from a National Sports
Federation commits an Anti-Doping Rule violation during an
International Event.
12.3.3 A National Sports Federation has failed to make diligent efforts tokeep JADA informed about an Athlete's whereabouts after receivinga request for that information from JADA.

13

ARTICLE 13 APPEALS

13.1

Decisions Subject to Appeal
Decisions made under this Japan Anti-Doping Code may be appealed as set
forth below in Articles 13.2 through 13.7 or as otherwise provided in thisJapan Anti-Doping Code, the Code or the International Standards. Suchdecisions shall remain in effect while under appeal unless the appellate
body orders otherwise. Before an appeal is commenced, any post-decision
review provided in the Anti-Doping Organisation's rules must be exhausted,
provided that such review respects the principles set forth in Article 13.2.2
below (except as provided in Article 13.1.3).

73

13.1.1 Scope of Review Not Limited
The scope of review on appeal includes all issues relevant to thematter and is expressly not limited to the issues or scope of review
before the initial decision maker.
13.1.2 Appellate body Shall Not Defer to the Findings Being Appealed
In making its decision, either CAS or Japan Sports Arbitration
Agency need not give deference to the discretion exercised by the
body whose decision is being appealed.
[Comment to Article 13.1.2:

CAS proceedings are de novo. Prior proceedings

do not limit the evidence or carry weight in the hearing before CAS, and so are theproceedings of Japan Sports Arbitration Agency.]

13.1.3 WADA Not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 13 and no otherparty has appealed a final decision within JADA’s process, WADA
may appeal such decision directly to CAS without having to exhaustother remedies in JADA’s process.
[Comment to Article 13.1.1: Where a decision has been rendered before the final
stage of JADA’s process (for example, a first hearing) and no party elects to appeal
that decision to the next level of JADA’s process, then WADA may bypass theremaining steps in JADA’s internal process and appeal directly to CAS.]

13.2

Appeals from Decisions Regarding Anti-Doping Rule Violations,
Consequences, Provisional Suspensions, Recognition of Decisions
and Jurisdiction
A decision that an anti-doping rule violation was committed, a decision
imposing Consequences or not imposing Consequences for an anti-doping
rule violation, or a decision that no anti-doping rule violation wascommitted; a decision that an anti-doping rule violation proceeding cannot
go forward for procedural reasons (including, for example, prescription); a74decision by WADA not to grant an exception to the six months' noticerequirement for a retired Athlete to return to Competition under Article
5.7.1; a decision by WADA assigning results management under Article 7.1of the Code; a decision by JADA not to bring forward an Adverse Analytical
Finding or an Atypical Finding as an anti-doping rule violation, or a decision
not to go forward with an anti-doping rule violation after an investigation
under Article 7.7; a decision to impose a Provisional Suspension as a resultof a Provisional Hearing; JADA’s failure to comply with Article 7.9; adecision that JADA lacks jurisdiction to rule on an alleged anti-doping ruleviolation or its Consequences; a decision to suspend, or not suspend, aperiod of Ineligibility or to reinstate, or not reinstate, a suspended period of
Ineligibility under Article 10.6.1; a decision under Article 10.12.3; and adecision by JADA not to recognise another Anti-Doping Organisation’s
decision under Article 15, may be appealed exclusively as provided in
Articles 13.2 – 13.7.
13.2.1 Appeals Involving International-Level Athletes or International
EventsIn cases arising from participation in an International Event or incases involving International-Level Athletes, the decision may be
appealed exclusively to CAS.

[Comment to Article 13.2.1: CAS decisions are final and binding except for any
review required by law applicable to the annulment or enforcement of arbitralawards.]13.2.2 Appeals Involving Other Athletes or Other Persons
In cases where Article 13.2.1 is not applicable, the decision may be
appealed to Japan Sports Arbitration Agency.

13.2.3 Persons Entitled to Appeal

75

In cases under Article 13.2.1, the following parties shall have theright to appeal to CAS:(a)the Athlete or other Person who is the subject of the decision
being appealed;(b)the other party to the case in which the decision was
rendered;(c)

the relevant International Federation;(d)

JADA and (if different) the National Anti-Doping Organisationof the Person’s country of residence or countries where the
Person is a national or license holder;

(e)

the

International

Olympic

CommitteeorInternational

Paralympic Committee, as applicable, where the decision may
have an effect in relation to the Olympic Games or Paralympic
Games, including decisions affecting eligibility for the Olympic
Games or Paralympic Games; and
(f)

WADA

In cases under Article 13.2.2, the following parties, at a minimum,
shall have the right to appeal to Japan Sports Arbitration Agency:(a) Athlete or other Person who is the subject of the decision being
appealed;(b) the other party to the case in which the decision was rendered;(c) the relevant International Federation;(d) JADA and (if different) the National Anti-Doping Organisation;of the Person’s country of residence;(e) theInternational

Olympic

CommitteeorInternational

Paralympic Committee, as applicable, where the decision may
have an effect in relation to the Olympic Games or Paralympic
Games, including decisions affecting eligibility for the Olympic
Games or Paralympic Games; and76

(f) WADA.

For cases under Article 13.2.2, WADA, the International Olympic
Committee, the International Paralympic Committee, and therelevant International Federation shall also have the right to appeal
to CAS with respect to the decision of Japan Sports Arbitration
Agency. Any party filing an appeal shall be entitled to assistancefrom CAS to obtain all relevant information from the Anti-Doping
Organisation whose decision is being appealed and the information
shall be provided if CAS so directs.

Notwithstanding any other provision herein, the only Person who
may appeal from a Provisional Suspension is the Athlete or other
Person upon whom the Provisional Suspension is imposed.

13.2.4 Cross Appeals and other Subsequent Appeals Allowed
Cross appeals and other subsequent appeals by any respondent
named in cases brought to CAS or Japan Sports Arbitration Agency
under the Code are specifically permitted.

Any party with a rightto appeal under this Article 13 must file a cross appeal orsubsequent appeal at the latest with the party’s answer.
[Comment to Article 13.2.4:

This provision is necessary because since 2011, CAS

rules no longer permit an Athlete the right to cross appeal when an Anti-Doping
Organisation appeals a decision after the Athlete’s time for appeal has expired.
This provision permits a full hearing for all parties.]

13.3

Failure to Render a Timely Decision
Where, in a particular case, JADA fails to render a decision with respect towhether an anti-doping rule violation was committed within a reasonable
deadline set by WADA, WADA may elect to appeal directly to CAS as if JADA

77

had rendered a decision finding no anti-doping rule violation. If the CAS
hearing panel determines that an anti-doping rule violation was committed
and that WADA acted reasonably in electing to appeal directly to CAS, then
WADA’s costs and attorney fees in prosecuting the appeal shall bereimbursed to WADA by JADA.
[Comment to Article 13.3: Given the different circumstances of each anti-doping
rule violation investigation and results management process, it is not feasible toestablish a fixed time period for National Anti-Doping Organisation to render adecision before WADA may intervene by appealing directly to CAS. Before taking
such action, however, WADA will consult with National Anti-Doping Organisationand give National Anti-Doping Organisation an opportunity to explain why it has
not yet rendered a decision.]

13.4

Appeals Relating to TUEs
TUE decisions may be appealed exclusively as provided in Article 4.4.

13.5

Notification of Appeal Decisions
Any Anti-Doping Organisation that is a party to an appeal shall promptly
provide the appeal decision to the Athlete or other Person and to the otherAnti-Doping Organisations that would have been entitled to appeal under
Article 13.2.3 as provided under Article 14.2.

13.6

Appeals from Decisions Pursuant to Article 12
Decisions of JADA pursuant to Article 12 may be appealed by the NationalSports Federation concerned to Japan Sports Arbitration Agency, which is
subject to right to appeal to CAS by such National Sports Federation and/or
JADA.

13.7

Time for Filing Appeals
13.7.1 Appeals to CAS

78

The time to file an appeal to CAS shall be twenty-one days from thedate of receipt of the decision by the appealing party. The above
notwithstanding, the following shall apply in connection withappeals filed by a party entitled to appeal but which was not a party
to the proceedings that led to the decision being appealed:(a)Within fifteen days from notice of the decision, suchparty/ies shall have the right to request a copy of the casefile from the body that issued the decision;(b)

If such a request is made within the fifteen-day period, thenthe party making such request shall have twenty-one days
from receipt of the file to file an appeal to CAS.

The above notwithstanding, the filing deadline for an appeal filed
by WADA shall be the later of:(a)Twenty-one days after the last day on which any other party
in the case could have appealed; or(b)Twenty-one days after WADA’s receipt of the complete filerelating to the decision.

13.7.2 Appeals Under Article 13.2.2
The time to file an appeal to Japan Sports Arbitration Agency shallbe twenty-one days from the date of receipt of the decision by theappealing party. However, the following shall apply in connection
with appeals filed by a party entitled to appeal but which was not a
party to the proceedings having led to the decision subject toappeal:(a)Within fifteen days from notice of the decision, suchparty/ies shall have the right to request from the bodyhaving issued the decision a copy of the file on which suchbody relied;

79

(b)

If such a request is made within the fifteen-day period, thenthe party making such request shall have twenty-one days
from receipt of the file to file an appeal to Japan Sports
Arbitration Agency.

The above notwithstanding, the filing deadline for an appeal orintervention filed by WADA shall be the later of:(a)Twenty-one days after the last day on which any other party
in the case could have appealed, or(b)

Twenty-one days after WADA’s receipt of the complete filerelating to the decision.

13.8

Appeal to Japan Sports Arbitration Agency
13.8.1

Japan Sports Arbitration Agency
Separate guidelines and rules for Japan Sports Arbitration Agency
may be set down.

13.8.2

Jurisdiction of Japan Sports Arbitration Agency
13.8.2.1

Japan Sports Arbitration Agency has the power to hearand determine all issues arising from any matter which
is appealed to it pursuant to this Japan Anti-Doping
Code. In particular, Japan Sports Arbitration Agency
has the power to determine the Consequences of an
Anti-Doping Rule Violation to be imposed pursuant tothis Japan Anti-Doping Code.

13.8.2.2

Japan Sports Arbitration Agency shall be independentand impartial in the performance of its functions.

13.8.2.3

Japan Sports Arbitration Agency has all powers
necessary for, and incidental to, the exercise of its
functions.

80

13.8.2.4

No final decision of, or Consequences of Anti-Doping
Rule Violations imposed by, Japan Sports Arbitration
Agency may be quashed, varied or held invalid, by any
court, arbitrator, tribunal or other hearing body otherthan CAS for any reason including for reason of any
defect, irregularity, omission or departure from theprocedures set out in this Japan Anti-Doping Codeprovided there has been no miscarriage of justice.

13.8.3

Hearings Before Japan Sports Arbitration Agency
13.8.3.1

A Person entitled to appeal a decision of Japan
Anti-Doping Disciplinary Panel who wishes to do soshall lodge notice of the appeal with Japan Sports
Arbitration Agency within twenty (21) days of the dateof the decision of Japan Anti-Doping Disciplinary Panel.

13.8.3.2

Composition of the sports arbitration panel shall be
provided in the rules of Japan Sports Arbitration
Agency.

13.8.3.3

The appointed members of the sports arbitration panel
shall have had no prior involvement with any aspect of
thecase. In particular, nomember

may have

previously considered any TUE application or appeal
involving the same Athlete as in the current case. Eachmember, upon appointment, shall disclose to the Chairof the sports arbitration panel any circumstances likely
to affect impartiality with respect to any of the parties.
13.8.3.4

If a member appointed by Japan Sports Arbitration
Agency to hear a case is unwilling or unable, forwhatever reason, to hear the case, Japan Sports
Arbitration Agency may appoint a replacement or
appoint a new sports arbitration panel from the pool.

8113.8.3.5

Japan Sports Arbitration Agency has the power, at its
absolute discretion, to appoint an expert to assist oradvise the panel as required by the panel.

13.8.3.6

JADA has the right to join proceedings and attend
hearings of Japan Sports Arbitration Agency as a party.

13.8.3.7

The International Federation and/or the NationalSports Federation concerned, if not a party to theproceedings, JOC and/or JPC, if not a party to theproceedings, and WADA each have the right to attend
hearings of Japan Sports Arbitration Agency as anobserver.

13.8.3.8

Hearings pursuant to this Article should be completed
expeditiously and in all cases within three months of
the

date

of

Disciplinary

thedecision

Panel,

save

of

Japan

Anti-Doping

where

exceptional

circumstances (including the cases where there is any
circumstance which may justify the application of
Article 10.6) apply.
13.8.3.9

Hearings held in connection with Events may be
conducted on an expedited basis.

13.8.4

Proceedings of Japan Sports Arbitration Agency
13.8.4.1

Subject to the provisions of this Japan Anti-Doping
Code, Japan Sports Arbitration Agency and its sports
arbitration panel shall have the power to regulate theirprocedures.

13.8.4.2

Hearings of Japan Sports Arbitration Agency shall beprivate, unless the appellant and the respondent agree
on a public hearing.

82

13.8.4.3

The appellant shall present his/her case and the
respondent party or parties shall present his/hercase(s) in reply.

13.8.4.4

A failure by any party or his/her representative toattend a hearing after notification will be deemed to be
an abandonment of his/her right to a hearing. This rightmay be reinstated on reasonable grounds.

13.8.4.5

Each party shall have the right to be represented at ahearing, at that party’s own expense.

13.8.4.6

Every party shall have the right to an interpreter at thehearing, if deemed necessary by the sports arbitration
panel. The sports arbitration panel shall determine theidentity

andresponsibility

for

the

cost

of

any

interpreter.
13.8.4.7

Each party to the proceedings has the right to present
evidence, including the right to call and question
witnesses (subject to the sports arbitration panel’s
discretion to accept testimony by telephone, written
statement or submission, whether by fax, email orother means).

13.8.4.8

Facts relating to anti-doping rule violations may beestablished

by

any

reliablemeans,

includingadmissions. The sports arbitration panel may receive
evidence, including hearsay, as it thinks fit and shall beentitled to attach such weight to that evidence as it
deems appropriate.
13.8.4.9

The sports arbitration panel may postpone or adjourn ahearing.

13.8.4.10 The sports arbitration panel, at the request of one ofthe parties to the proceedings or on its own initiative,
may require one or more parties to the proceedings,

83

prior to the hearing, to supply it and/or the other orother parties to the proceedings with further particularsof the case to be presented by that party at the hearing,
including what witnesses they intend to call and thatparty shall comply with that direction.
13.8.4.11 Any

failure

by

any

party

to

complywithanyrequirement or direction of the sports arbitration panel
shall not prevent the sports arbitration panel fromproceeding and such failure may be taken into
consideration by the sports arbitration panel when
making its decision.
13.8.4.12 Hearings may be recorded and any recording is owned
and shall be retained by JADA.

13.8.5

Decisions of Japan Sports Arbitration Agency
13.8.5.1

The deliberations of the sports arbitration panel on its
decision shall be private.

13.8.5.2

Any minority or dissenting decisions shall be noted in
the written reasons. In the event of a majority decision,
this shall be the decision of the sports arbitration panel.

13.8.5.3

At the end of the hearing, or on a timely basis
thereafter, the sports arbitration panel shall issue awritten, dated and signed decision (either unanimously
or by majority) that includes the full reasons for thedecision and for any period of Ineligibility imposed,
including (if applicable) a justification for why the
maximum potential sanction was not imposed.

13.8.5.4

The decision of the sports arbitration panel shall be
provided by JADA to the Athlete or other Person, to
his/her National Sports Federation, and to Anti-Doping84Organisations with a right to appeal under Article
13.2.313.8.5.5

The decision may be appealed as provided in Article
13.2.3. If no appeal is brought against the decision,then (a) if the decision is that an anti-doping ruleviolation was committed, the decision shall be Publicly
Disclosed as provided in Article 14.3.2; but (b) if thedecision is that no anti-doping rule violation wascommitted, then the decision shall only be Publicly
Disclosed with the consent of the Athlete or other
Person who is the subject of the decision. JADA shalluse reasonable efforts to obtain such consent, and if
consent is obtained, shall Publicly Disclose the decisionin its entirety or in such redacted form as the Athlete orother Person may approve.

14

ARTICLE 14

CONFIDENTIALITY AND REPORTING

14.1

Information Concerning Adverse Analytical Findings, AtypicalFindings, and Other Asserted Anti-Doping Rule Violations
14.1.1 Notice of Anti-Doping Rule Violations to Athletes and other Persons
Notice to Athletes or other Persons that an anti-doping ruleviolation is being asserted against them shall occur as provided
under Articles 7 and 14 of this Japan Anti-Doping Code. Notice to an
Athlete or other Person who is a member of a National Sports
Federation may be accomplished by delivery of the notice to the
National Sports Federation.

14.1.2 Notice of Anti-Doping Rule Violations to International Federationsand WADA
Notice of the assertion of an anti-doping rule violation to
International Federations and WADA shall occur as provided under85

Articles 7 and 14 of this Japan Anti-Doping Code, simultaneouslywith the notice to the Athlete or other Person.

14.1.3 Content of an Anti-Doping Rule Violation Notice
Notification of an anti-doping rule violation under Article 2.1 shall
include: the Athlete’s name, country, sport and discipline within the
sport, the Athlete’s competitive level, whether the test was
In-Competition or Out-of-Competition, thedateof Sample

collection, the analytical result reported by the laboratory, andother information as required by the International Standard for
Testing and Investigations.
Notice of anti-doping rule violations other than under Article 2.1
shall include the rule violated and the basis of the asserted
violation.

14.1.4 Status Reports
Except with respect to investigations which have not resulted innotice of an anti-doping rule violation pursuant to Article 14.1.1,
International Federations and WADA shall be regularly updated on
the status and findings of any review or proceedings conductedpursuant to Article 7, 8 or 13 and shall be provided with a prompt
written reasoned explanation or decision explaining the resolutionof the matter.

14.1.5 Confidentiality
The recipient organisations shall not disclose this information
beyond those Persons with a need to know (which would include
the appropriate personnel at the applicable National Olympic
Committee, National Paralympic Committee, National Sports
Federation, and team in a Team Sport) until the JADA has made86

Public Disclosure or has failed to make Public Disclosure as requiredin Article 14.3.

14.1.6 JADA shall ensure that information concerning Adverse Analytical
Findings, Atypical Findings, and other asserted anti-doping ruleviolations remains confidential until such information is Publicly
Disclosed in accordance with Article 14.3, and shall include
provisions in any contract entered into between JADA and any of its
employees (whether permanent or otherwise), contractors, agentsand consultants, for the protection of such confidential information
as well as for the investigation and disciplining of improper and/or
unauthorised disclosure of such confidential information.

14.2

Notice of Anti-Doping Rule Violation Decisions and Request forFiles
14.2.1 Anti-doping rule violation decisions rendered pursuant to Article
7.11, 8.5, 10.4, 10.5, 10.6, 10.12.3 or 13.5 shall include the full
reasons for the decision, including, if applicable, a justification for
why the greatest possible Consequences were not imposed.
Where the decision is not in English or French, JADA shall provide ashort English or French summary of the decision and the supporting
reasons.
14.2.2 An Anti-Doping Organisation having a right to appeal a decision
received pursuant to Article 14.2.1 may, within fifteen days ofreceipt, request a copy of the full case file pertaining to thedecision.

14.3

Public Disclosure
14.3.1 The identity of any Athlete or other Person who is asserted by JADA
to have committed an anti-doping rule violation, may be Publicly
Disclosed by JADA only after notice has been provided to the87Athlete or other Person in accordance with Article 7.3, 7.4, 7.5, 7.6
or 7.7 and simultaneously to WADA and the International
Federation of the Athlete or other Person in accordance with Article
14.1.2.
14.3.2 No later than twenty days after it has been determined in a final
appellate decision under Article 13.2.1 or 13.2.2, or such appeal
has been waived, or a hearing in accordance with Article 8 has been
waived, or the assertion of an anti-doping rule violation has notbeen timely challenged, JADA must Publicly Report the dispositionof the matter, including the sport, the anti-doping rule violated, thename of the Athlete or other Person committing the violation, theProhibited Substance or Prohibited Method involved (if any) and theConsequences imposed.

JADA must also Publicly Report withintwenty days the results of final appeal decisions concerning
anti-doping rule violations, including the information describedabove.
14.3.3 In any case where it is determined, after a hearing or appeal, that
the Athlete or other Person did not commit an anti-doping ruleviolation, the decision may be Publicly Disclosed only with theconsent of the Athlete or other Person who is the subject of thedecision. JADA shall use reasonable efforts to obtain such consent.
If consent is obtained, JADA shall Publicly Disclose the decision inits entirety or in such redacted form as the Athlete or other Person
may approve.
14.3.4 Publication shall be accomplished at a minimum by placing therequired information on the JADA’s website or publishing it throughother means and leaving the information up for the longer of one
month or the duration of any period of Ineligibility.
14.3.5 Neither JADA, nor the National Sports Federations, nor any officialof either body, shall publicly comment on the specific facts of any
pending case (as opposed to general description of process andscience) except in response to public comments attributed to the88Athlete or other Person against whom an anti-doping rule violation
is asserted, or their representatives.
14.3.6 The mandatory Public Reporting required in Article 14.3.2 shall not
be required where the Athlete or other Person who has been foundto have committed an anti-doping rule violation is a Minor. Any
optional Public Reporting in a case involving a Minor shall be
proportionate to the facts and circumstances of the case.

14.4

Statistical Reporting
JADA shall, at least annually, publish a general statistical report of its
Doping Control activities, with a copy provided to WADA. JADA may also
publish reports showing the name of each Athlete tested and the date ofeach Testing.

14.5

Doping Control Information ClearinghouseTofacilitate

coordinatedtest

unnecessary

duplicationin

Organisations,

JADA

shall

distribution

Testingreportbyplanning
the

all

and

varioustoavoid

Anti-Doping

In-Competition

andOut-of-Competition tests on such Athletes to the WADA clearinghouse,using ADAMS, as soon as possible after such tests have been conducted.
This information will be made accessible, where appropriate and inaccordance with the applicable rules, to the Athlete, the Athlete's
International Federation and any other Anti-Doping Organisations with
Testing authority over the Athlete.

14.6

Data Privacy
14.6.1 JADA may collect, store, process or disclose personal information
relating to Athletes and other Persons where necessary andappropriate to conduct their anti-doping activities under the Code,the International Standards (including specifically the International

89

Standard for the Protection of Privacy and Personal Information)and this Japan Anti-Doping Code.
14.6.2 Any Participant who submits information including personal data to
any Person in accordance with this Japan Anti-Doping Code shall bedeemed to have agreed, pursuant to applicable data protection
laws and otherwise, that such information may be collected,
processed, disclosed and used by such Person for the purposes of
the implementation of this Japan Anti-Doping Code, in accordancewith the International Standard for the Protection of Privacy andPersonal Information and otherwise as required to implement thisJapan Anti-Doping Code.

15

ARTICLE 15

APPLICATION AND RECOGNITION OF DECISIONS

15.1

Subject to the right to appeal provided in Article 13, Testing, hearing
results or other final adjudications of any Signatory which are consistent
with the Code and are within that Signatory’s authority shall be applicableworldwide and shall be recognised and respected by JADA and all NationalSports Federations.

[Comment to Article 15.1:

The extent of recognition of TUE decisions of otherAnti-Doping Organisations shall be determined by Article 4.4 and the International
Standard for Therapeutic Use Exemptions.]

15.2

JADA and all National Sports Federations shall recognise the measurestaken by other bodies which have not accepted the Code if the rules of
those bodies are otherwise consistent with the Code.

[Comment to Article 15.2: Where the decision of a body that has not accepted theCode is in some respects Code compliant and in other respects not Code compliant,
JADA or National Sports Federations shall attempt to apply the decision in harmony
with the principles of the Code. For example, if in a process consistent with theCode a non-Signatory has found an Athlete to have committed an anti-doping ruleviolation on account of the presence of a Prohibited Substance in his or her body90

but the period of Ineligibility applied is shorter than the period provided for in thisJapan Anti-Doping Code, then JADA shall recognise the finding of an anti-doping
rule violation and may conduct a hearing consistent with Article 8 to determine
whether the longer period of Ineligibility provided in this Japan Anti-Doping Codeshould be imposed.]

15.3 Subject to the right to appeal provided in Article 13, any decision of Japan
Anti-Doping Disciplinary Panel or Japan Sports Arbitration Agency regarding
a violation of this Japan Anti-Doping Code shall be recognised by all NationalSports Federations, which shall take all necessary action to render suchdecision effective.

16

ARTICLE 16

STATUTE OF LIMITATIONSNo anti-doping rule violation proceeding may be commenced against an Athlete orother Person unless he or she has been notified of the anti-doping rule violation asprovided in Article 7, or notification has been reasonably attempted, within ten(10) years from the date the violation is asserted to have occurred.

17

ARTICLE 17

JADA Compliance Reports to WADA

JADA will report to WADA on JADA's compliance with the Code in accordance with
Article 23.5.2 of the Code.

18

ARTICLE 18

EDUCATION

JADA shall plan, implement, evaluate and monitor information, education,
prevention and communications programmes for protecting and developing
integrity of sport and doping-free sport on at least the issues listed in Article 18.2of the Code, and shall support active participation by Athletes and Athlete Support
Personnel in such programmes.
Information programmes should focus on providing basic rules-based information
to Athletes and other Persons as described in Article 18.2. Education programmes

91

should be values–based, focusing on prevention programmes and developing
values related to sport and through sport, and directed towards Athletes and other
Persons with particular focus on young people through implementation in school
curricula.
Education through sport and ethical principles and values in sport are the heart of
the Japanese sport. As mentioned in Introduction, it would be the responsibility ofsport community to implement and deliver the education programme for theprotection and development of sport.

18.1

Information Programmes
The National Sports Federations shall provide Athletes and other Persons
with updated and accurate information based on the information regularly
updated and available by JADA on at least the following issues:a)

Substances and methods on the Prohibited List;b)

Anti-doping rule violations;c)Consequences of doping, including sanctions, health and social
consequences;d)

Doping Control procedures;e)Athletes' rights and responsibilities;f)

Rights and responsibilities of Athlete Support Personnel;

g)

TUEs;

h)

Managing the risks of nutritional supplements;i)

Harm of doping to the spirit of sport; andj)Applicable whereabouts requirements.

As described in Articles 20, 21, 22 and 23, familiarity and compliance withall applicable anti-doping policies and rules would be the roles andresponsibilities of those Persons engaged in sport. Athlete Support

92Personnel shall educate and counsel Athletes regarding anti-doping policies
and rules adopted pursuant to the Code.
The programmes shall promote the spirit of sport in order to establish anenvironment that is strongly conducive to doping-free sport and will have apositive and long-term influence on the choices made by Athletes and other
Persons.

18.2

Values and Spirit of Sport, Education Programmes
Educational programmes shall promote the intrinsic values of sport, i.e. thespirit and values of sport. It will have a positive and long-term influence on
people. These programmes shall be primarily directed at young people,
appropriate to their stage of development, in school and sports clubs,
parents, adult Athletes, sport officials, coaches, medical personnel and the
media.
Those engaged in sport and those responsible for sport shall promote andsupport active participation in values-based education programmes for the
spirit of sport and doping-free sport.

18.3

Professional Codes of Conduct
The JADA, along with JSC, shall encourage relevant, competent professional
associations and institutions to develop and implement appropriate Codes ofConduct, good practice and ethics related to anti-doping sport practices, aswell as sanctions, which are consistent with the Code.

19

ARTICLE 19

RESEARCH

19.1

Purpose and Aims of Anti-Doping ResearchAnti-doping related research contributes to the development andimplementation of efficient anti-doping programmes and to the promotionof values-based education programmes.

93

JADA shall, in cooperation with its member organisations and stakeholders,encourage and promote such research and take all reasonable measures toensure that the results of such research are used for the promotion of goalsconsistent with the principles of the Code.

19.2

Types of Research
Relevant

anti-doping

researchmay

include,forexample,policy,management sociological, behavioural, juridical and ethical studies in
addition to medical, analytical and physiological investigation.
Studies on devising and evaluating the efficacy of scientifically-based
physiological and psychological training programmes that are consistent
with the principles of the Code and respectful of the integrity of the humansubjects, as well as studies on the use of emerging substances or methods
resulting from scientific developments should be conducted.

19.3

Research Practices
Anti-doping research shall comply with internationally recognised ethicalpractices.

19.4

Research Using Prohibited Substances and Prohibited Methods
Research efforts should avoid the Administration of Prohibited Substancesor Prohibited Methods to Athletes.

19.5

Misuse of Results
Adequate precautions should be taken so that the results of anti-doping
research are not misused or applied for doping purposes.

94

20

ARTICLE 20

ROLES

AND

RESPONSIBILITIESOFJAPANESEOLYMPIC COMMITTEE (JOC)
20.1

To adopt and implement anti-doping policies and rules which conform withthis Japan Anti-Doping Code.

20.2

To require as a condition of membership that the policies, rules andprogrammes of its members are in compliance with this Japan Anti-Doping
Code.

20.3

To respect JADA’s autonomy and not to interfere with its operational
decisions or activities.

20.4

To require National Sports Federations to report any informationsuggesting or relating to an anti-doping rule violation to JADA andInternational Federation and to cooperate with investigations conducted by
any Anti-Doping Organisation with authority to conduct the investigation.

20.5

To require each of its National Sports Federations to establish rules
requiring all Athletes and all Athlete Support Personnel in a Competition or
activity authorised or organised by a National Sports Federation or one ofits member organisations to be bound by anti-doping rules and Anti-Doping
Organisation’s results management authority in conformity with this Japan
Anti-Doping Code as a condition of such participation.

20.6

To require all Athletes as well as Athlete Support Personnel who aredispatched to an International Event, to agree to be bound to this Japan
Anti-Doping Code as a condition for such dispatch.

20.7

To require as a condition for participation in any Event to which JOC
dispatches Athletes that, at a minimum, Athletes who are not regularmembers of a National Sports Federation be available for Sample collectionin accordance with International Standards for Testing and Investigations
and to file whereabouts information as soon as the Athlete is identified on
the long list or subsequent entry document submitted in connection with an
Event to which JOC dispatches Athletes.

20.8

To report to JADA, and to ensure the appropriate enforcement ofConsequences of, all potential anti-doping rule violations within its

95

jurisdiction including investigation into whether Athlete Support Personnel
or other Persons may have been involved in each case of doping, as well as
to implement automatic investigation into anti-doping rule violations
related to a Minor or Athlete Support Personnel assisting one or more
Athlete(s) deemed to have committed an anti-doping violation.
20.9

To place a Person dedicated to anti-doping activities inside its office, tocollect and manage latest information, and to organise a system enabling
information sharing among relevant parties.

20.10 To establish a committee or otherwise an appropriate division withjurisdiction over anti-doping activities, and to vigorously develop
anti-doping activities conducted proactively by itself; and to require a
committee, etc. conducting anti-doping activities to collect and share latest
information and understand latest rules.
20.11 To withhold some or all funding, during any period of his or her Ineligibility,
to any Athlete or Athlete Support Personnel who has violated anti-doping
rules.
20.12 To withhold some or all funding to its member or recognised NationalSports Federations that are not in compliance with this Japan Anti-DopingCode.
20.13 To implement and promote anti-doping information delivery, awarenessand education programmes, so that an Athlete, especially who is a Minor,
can understand his or her rights and duties, as well as to require NationalSports Federations (when necessary, in collaboration with JADA) to
conduct such programmes.
20.14 To cooperate with relevant national organisations and agencies as well asother Anti-Doping Organisations.
20.15 To have disciplinary rules in place and require National Sports Federations
to have disciplinary rules in place to prevent Athlete Support Personnel who
are Using Prohibited Substances or Prohibited Methods without valid
justification from providing support to Athletes within its or the NationalSports Federation’s authority.

96

21

ARTICLE 21

ROLES

AND

RESPONSIBILITIESOFJAPANESEPARALYMPIC COMMITTEE (JPC)
21.1

To adopt and implement anti-doping policies and rules which conform withthis Japan Anti-Doping Code.

21.2

To require as a condition of membership that the policies, rules andprogrammes of its members are in compliance with this Japan Anti-Doping
Code.

21.3

To respect JADA’s autonomy and not to interfere with its operational
decisions or activities.

21.4

To require National Sports Federations to report any informationsuggesting or relating to an anti-doping rule violation to JADA andInternational Federation and to cooperate with investigations conducted by
any Anti-Doping Organisation with authority to conduct the investigation.

21.5

To require each of its National Sports Federations to establish rules
requiring all Athletes and all Athlete Support Personnel in a Competition or
activity authorised or organised by a National Sports Federation or one ofits member organisations to be bound by anti-doping rules and Anti-Doping
Organisation’s results management authority in conformity with this Japan
Anti-Doping Code as a condition of such participation.

21.6

To require all Athletes as well as Athlete Support Personnel who aredispatched to an International Event, to agree to be bound to this Japan
Anti-Doping Code as a condition for such dispatch.

21.7

To require as a condition for participation in any Event (including theParalympic Games) to which JPC dispatches Athletes that, at a minimum,
Athletes who are not regular members of a National Sports Federation beavailable for Sample collection and to file whereabouts information as soon
as the Athlete is identified on the long list or subsequent entry document
submitted in connection with an Event to which JOC dispatches Athletes.

21.8

To report to JADA, and to ensure the appropriate enforcement ofConsequences of, all potential anti-doping rule violations within its

97

jurisdiction including investigation into whether Athlete Support Personnel
or other Persons may have been involved in each case of doping, as well as
to implement automatic investigation into anti-doping rule violations
related to a Minor or Athlete Support Personnel assisting one or more
Athlete(s) deemed to have committed an anti-doping violation.
21.9

To place a Person dedicated to anti-doping activities inside its office, tocollect and manage latest information, and to organise a system enabling
information sharing among relevant parties.

21.10 To establish a committee or otherwise an appropriate division ,withjurisdiction over anti-doping activities, and to vigorously develop
anti-doping activities conducted proactively by itself; and to require a
committee, etc. conducting anti-doping activities to collect and share latest
information and understand latest rules.
21.11 To withhold some or all funding, during any period of his or her Ineligibility,
to any Athlete or Athlete Support Personnel who has violated anti-doping
rules.
21.12 To withhold some or all funding to its member or recognised NationalSports Federations that are not in compliance with this Japan Anti-DopingCode.
21.13 To implement and promote anti-doping information delivery, awarenessand education programmes, so that an Athlete, especially who is a Minor,
can understand his or her rights and duties, as well as to require NationalSports Federations (when necessary, in collaboration with JADA) to
conduct such programmes.
21.14 To cooperate with relevant national organisations and agencies as well asother Anti-Doping Organisations.
21.15 To have disciplinary rules in place and require National Sports Federations
to have disciplinary rules in place to prevent Athlete Support Personnel who
are Using Prohibited Substances or Prohibited Methods without valid
justification from providing support to Athletes within its or the NationalSports Federation’s authority.

98

22

ARTICLE 22

ROLES AND RESPONSIBILITIES OF THE JAPANSPORTS ASSOCIATION (JASA)
22.1

To adopt and implement anti-doping policies and rules which conform withthis Japan Anti-Doping Code.

22.2

To promote the compliance of the policies, rules and programmes of themember sport organisations with this Japan Anti-Doping Code, and makeefforts for awareness.

22.3

To respect JADA’s autonomy and not to interfere with its operational
decisions or activities.

22.4

To require member sport organisations to report any informationsuggesting or relating to an anti-doping rule violation to JADA and relevantfederation and to cooperate with investigations conducted by any
Anti-Doping Organisation with authority to conduct the investigation.

22.5

To require all Athletes and all Athlete Support Personnel in a NationalSports Festival to agree to be bound by this Japan Anti-Doping Code as acondition of such participation.

22.6

With respect to an Athlete who has not reached the age of majority as
established by the Japanese law (“under 20-years old Athletes”)
participating in a National Sports Festival, to obtain the consent in writingof the Person with parental authority and the under 20-years old Athlete
himself or herself that such under 20-years old Athlete may be subject to adoping test, and to report to JADA that such consent in writing has beenobtained from an under 20-years old Athlete and Person with parental
authority.

22.7

To implement and promote anti-doping information delivery, awarenessand education programmes, so that an Athlete, especially who is a Minor,
can understand his or her rights and duties, as well as to require its
members (when necessary, in collaboration with JADA) to conduct suchprogrammes.

99

22.8

To report to JADA, and to ensure the appropriate enforcement ofConsequences of, all potential anti-doping rule violations within its
jurisdiction including investigation into whether Athlete Support Personnel
or other Persons may have been involved in each case of doping, as well as
to implement automatic investigation into anti-doping rule violations
related to a Minor or Athlete Support Personnel assisting one or more
Athlete(s) deemed to have committed an anti-doping violation.

22.9

To place a Person dedicated to anti-doping activities inside its office, tocollect and manage latest information, and to organise a system enabling
information sharing among relevant parties.

22.10 To establish a committee or otherwise an appropriate division withjurisdiction over anti-doping activities, and to vigorously develop
anti-doping activities conducted proactively by itself; and to require a
committee, etc. conducting anti-doping activities to collect and share latest
information and understand latest rules.
22.11 To recommend the implementation of anti-doping education in theauthorised sports instructor programme.
22.12 To withhold some or all funding, during any period of his or her Ineligibility,
to any Athlete or Athlete Support Personnel who has violated anti-doping
rules.
22.13 To withhold some or all funding to its member sport organisations that are
not in compliance with this Japan Anti-Doping Code.
22.14 To implement and promote anti-doping information delivery, awarenessand education programmes including requiring the member sportorganisations to conduct such programmes in collaboration with JADA.
22.15 To cooperate with relevant national organisations and agencies as well asother Anti-Doping Organisations.
22.16 To have disciplinary rules in place to prevent Athlete Support Personnel
who are Using Prohibited Substances or Prohibited Methods without valid
justification from providing support to Athletes within its authority.

100

23

ARTICLE 23

ROLES

AND

RESPONSIBILITIESOFNATIONAL

SPORTS ORGANISATIONS
23.1

To adopt and implement anti-doping policies and rules which conform withthis Japan Anti-Doping Code.

23.2

To require as a condition of membership that the policies, rules andprogrammes of the subordinate bodies such as Prefectural Sports
Federations, and club teams are in compliance with this Japan Anti-Doping
Code.

23.3

To respect JADA’s autonomy and not to interfere with its operational
decisions or activities.

23.4

To require the prefectural federations, and clubs and other similar bodies.
under its authority to report to JADA any information suggesting or relating
to an anti-doping rule violation and to cooperate with investigations
conducted by any Anti-Doping Organisation with authority to conduct theinvestigation.

23.5

To ensure applicability of this Japan Anti-Doping Code in Competitions
sponsored by it or by the bodies under its authority.

23.6

To

cooperate

with

the

operationofaninvestigation,

includingestablishment of a doping test room, at an Event sponsored by it or bodies
under its authority. To procure Chaperones consistent with the scale of an
Event at JADA’s request.
23.7

To respond to inquiries including those related to the location of an Athlete
participating in an Event, including Athletes from foreign countries
participating in an International Event related to itself.

23.8

To require all Athletes and all Athlete Support Personnel in a Competition or
activity organised to agree to be bound by anti-doping rules in conformity
with this Japan Anti-Doping Code as a condition of such participation.

23.9

To require Athletes who are not their regular members to agree to bebound to this Japan Anti-Doping Code, to be available for Sample collection,and to provide accurate and up-to-date whereabouts information as acondition for participation in the Events.

101

23.10 To take appropriate information delivery and implement support measures
towards Athletes who are part of the JADA’s Registered Testing Pool suchas ensuring them to submit Whereabouts Filing.
23.11 To notify to JADA of any Athletes who are registered in the Registered
Testing Pool of an International Federation.
23.12 With respect to an under 20-years old Athletes, to obtain the consent inwriting of the Person with parental authority and the under 20-years old
Athlete himself or herself that such Athlete may be subject to a doping test,
and to report to JADA that such consent in writing has been obtained froman under 20-years old Athlete and Person with parental authority.
23.13 To organise and implement anti-doping information delivery, awarenessand education programmes, when necessary, in collaboration with JADA,
so that an Athlete, especially who is a Minor, can understand his or her
rights and duties.
23.14 To vigorously pursue all potential anti-doping rule violations within its
jurisdiction including investigation into whether Athlete Support Personnel
or other Persons may have been involved in each case of doping.
23.15 To report to JADA, and to ensure the appropriate enforcement ofConsequences of, all potential anti-doping rule violations within its
jurisdiction including investigation into whether Athlete Support Personnel
or other Persons may have been involved in each case of doping, as well as
to implement automatic investigation into anti-doping rule violations
related to a Minor or Athlete Support Personnel assisting one or more
Athlete(s) deemed to have committed an anti-doping violation.
23.16 To place a Person dedicated to anti-doping activities inside its office, tocollect and manage latest information, and to organise a system enabling
information sharing among relevant parties.
23.17 To establish a committee or other similar body with jurisdiction overanti-doping activities, and to proactively promote and conduct anti-doping
information delivery, awareness and education activities towards the
Athletes, and Athlete Support Personnel in collaboration with WADA; and102

to collect, and provide to a committee or other similar body, deliveringanti-doping activities, latest anti-doping information, and to require it toconstantly be updated and understand latest rules.
23.18 To withhold some or all funding to its Athlete or Prefectural Sports
Federation or other entities that are in violation of the anti-doping rules.
23.19 To cooperate with relevant national organisations and agencies as well asother Anti-Doping Organisations.
23.20 To have disciplinary rules in place to prevent Athlete Support Personnel
who are using Prohibited Substances or Prohibited Methods without valid
justification from providing support to Athletes within its authority.
23.21 To make payment to JADA of a fine of ¥500,000JPY (or an amountequivalent to the cumulative total expenses for operating a hearing,whichever the higher) in the case of the occurrence of a Person in violationof anti-doping rules for more than once within a single year.

24

ARTICLE 24

ROLES AND RESPONSIBILITIES OF ATHLETES AND

ATHLETE SUPPORT PERSONNEL
24.1

Roles and Responsibilities of Athletes
24.1.1 To be knowledgeable of and comply with all applicable anti-doping
policies and rules adopted pursuant to this Japan Anti-DopingCode.
24.1.2 To be available for Sample collection at all times.

[Comment to Article 24.1.2: With due regard to an Athlete’s human rights andprivacy,legitimate

anti-doping

considerations

sometimes

requireSamplecollection late at night or early in the morning. For example, it is known that some
Athletes Use low doses of EPO during these hours so that it will be undetectable inthe morning.]

24.1.3 To take responsibility, in the context of anti-doping, for what they
ingest and Use.

103

24.1.4 To inform medical personnel of their obligation not to Use
Prohibited Substances and Prohibited Methods and to takeresponsibility to make sure that any medical treatment received
does not violate anti-doping policies and rules adopted pursuant tothis Japan Anti-Doping Code.
24.1.5 To disclose to JADA and relevant National Sports Federations any
decision by a non-Signatory finding that the Athlete committed ananti-doping rule violation within the previous ten years.
24.1.6 To

cooperatewith

Anti-Doping

Organisations

investigating

anti-doping rule violations.
[Comment to Article 24.1.6: Failure to cooperate is not an anti-doping ruleviolation under this Japan Anti-Doping Code, but it may be the basis for disciplinary
action under a stakeholder’s rules.]24.1.7 To recognise its role played in the society, and to exercise good
influence through sport.

24.2

Roles and Responsibilities of Athlete Support Personnel
24.2.1 To be knowledgeable of and comply with all anti-doping policies
and rules adopted pursuant to this Japan Anti-Doping Code andwhich are applicable to them or the Athletes whom they support.
24.2.2 To cooperate with the Athlete Testing programme.
24.2.3 To use his or her influence on Athlete values and behaviour tofoster anti-doping attitudes.
24.2.4 To disclose to JADA and relevant National Sports Federations any
decision by a non-Signatory finding that he or she committed ananti-doping violation within the previous ten years.
24.2.5 To

cooperatewith

Anti-Doping

anti-doping rule violations.

104

Organisations

investigating

[Comment to Article 24.2.5: Failure to cooperate is not an anti-doping ruleviolation under this Japan Anti-Doping Code, but it may be the basis for disciplinary
action under a stakeholder’s rules.]24.2.6 Athlete Support Personnel shall not Use or Possess any Prohibited
Substance or Prohibited Method without valid justification.
[Comment to Article 24.2.6: In those situations where Use or personal Possessionof a Prohibited Substance or Prohibited Method by an Athlete Support Person
without justification is not an anti-doping rule violation under this Japan
Anti-Doping Code, it should be subject to other sport disciplinary rules. Coaches
and other Athlete Support Personnel are often role models for Athletes. They
should not be engaging in personal conduct which conflicts with their responsibility
to encourage their Athletes not to dope.]

25

ARTICLE 25

AMENDMENT AND INTERPRETATION OF THIS JAPANANTI-DOPING CODE
25.1

This Japan Anti-Doping Code may be amended from time to time by JADA.

25.2

This Japan Anti-Doping Code shall be interpreted as an independent andautonomous text and not by reference to existing law or statutes.

25.3

The headings used for the various Parts and Articles of this Japan
Anti-Doping Code are for convenience only and shall not be deemed part ofthe substance of this Japan Anti-Doping Code or to affect in any way thelanguage of the provisions to which they refer.

25.4

The Code and the International Standards shall be considered integral
parts of this Japan Anti-Doping Code and shall prevail in case of conflict.

25.5

This Japan Anti-Doping Code has been adopted pursuant to the applicableprovisions of the Code and shall be interpreted in a manner that is
consistent with applicable provisions of the Code. The Introduction shall beconsidered an integral part of this Japan Anti-Doping Code.

105

25.6

The comments annotating various provisions of the Code and this Japan
Anti-Doping Code shall be used to interpret this Japan Anti-Doping Code.

25.7

This Japan Anti-Doping Code has come into full force and effect on 1
January 2015 (the “Effective Date”). They shall not apply retroactively tomatters pending before the Effective Date; provided, however, that:
25.7.1 Anti-doping rule violations taking place prior to the Effective Datecount as "first violations" or "second violations" for purposes ofdetermining sanctions under Article 10 for violations taking place
after the Effective Date.
25.7.2 The retrospective periods in which prior violations can beconsidered for purposes of multiple violations under Article 10.7.5
and the statute of limitations set forth in Article 17 are procedural
rules and should be applied retroactively; provided, however, that
Article 17 shall only be applied retroactively if the statute oflimitation period has not already expired by the Effective Date.
Otherwise, with respect to any anti-doping rule violation case whichis pending as of the Effective Date and any anti-doping ruleviolation case brought after the Effective Date based on an
anti-doping rule violation which occurred prior to the Effective Date,the case shall be governed by the substantive anti-doping rules in
effect at the time the alleged anti-doping rule violation occurred,unless the panel hearing the case determines the principle of “lexmitior” appropriately applies under the circumstances of the case.
25.7.3 Any Article 2.4 whereabouts failure (whether a Filing Failure or a
Missed Test, as those terms are defined in the International
Standard for Testing and Investigations) prior to the Effective Dateshall be carried forward and may be relied upon, prior to expiry, in
accordance with the International Standard for Testing andInvestigations, but it shall be deemed to have expired 12 months
after it occurred.
25.7.4 With respect to cases where a final decision finding an anti-doping
rule violation has been rendered prior to the Effective Date, but the106Athlete or other Person is still serving the period of Ineligibility as of
the Effective Date, the Athlete or other Person may apply to theAnti-Doping

Organisation

which

had

results

management

responsibility for the anti-doping rule violation to consider areduction in the period of Ineligibility in light of this Japan
Anti-Doping Code.

Such application must be made before theperiod of Ineligibility has expired. The decision rendered may be
appealed pursuant to Article 13.2. This Japan Anti-Doping Codeshall have no application to any case where a final decision findingan anti-doping rule violation has been rendered and the period of
Ineligibility has expired.
25.7.5 For purposes of assessing the period of Ineligibility for a second
violation under Article 10.7.1, where the sanction for the first
violation was determined based on rules in force prior to the
Effective Date, the period of Ineligibility which would have beenassessed for that first violation had this Japan Anti-Doping Codebeen applicable, shall be applied.

26

ARTICLE 26

INTERPRETATION OF THE CODE

26.1

The official text of the Code shall be maintained by WADA and shall be
published in English and French. In the event of any conflict between the
English and French versions, the English version shall prevail.

26.2

The comments annotating various provisions of the Code shall be used tointerpret the Code.

26.3

The Code shall be interpreted as an independent and autonomous text andnot by reference to the existing law or statutes of the Signatories orgovernments.

26.4

The headings used for the various Parts and Articles of the Code are forconvenience only and shall not be deemed part of the substance of theCode or to affect in any way the language of the provisions to which theyrefer.

107

26.5

The Code shall not apply retroactively to matters pending before the date
the Code is accepted by a Signatory and implemented in its rules.
However, pre-Code anti-doping rule violations would continue to count as"first violations" or "second violations" for purposes of determining
sanctions under Article 10 for subsequent post-Code violations.

26.6

The Purpose, Scope and Organisation of the World Anti-Doping Programme
and the Code and Appendix 1, Definitions, and Appendix 2, Examples of the
Application of Article 10, shall be considered integral parts of the Code.

27

ARTICLE 27

INFORMATION AND NOTICES

27.1 Information
Any Person who submits information including data or medical information
to any organisation or Person in accordance with this Japan Anti-Doping
Code shall be deemed to have agreed that such information may be utilised
by such organisation or Person for the purposes of the implementation ofthis Japan Anti-Doping Code.

27.2

Notices27.2.1 All notices referred to in this Japan Anti-Doping Code shall begoverned by the provisions of this Article 27.2 (Notices).
27.2.2 Each Athlete in the JADA Registered Testing Pool shall provide JADA
with an address to which notice may be sent and in the event of achange of address it is the responsibility of the Athlete to provide
JADA with such amended details.
27.2.3 Notice to an Athlete in the JADA Registered Testing Pool shall besent to the address provided to JADA by that Athlete. Such notice
shall be deemed to have been received upon the expiry of three (3)days after the date of sending.
27.2.4 Notice to any other Athlete or other Person shall be accomplishedby sending the notice to the address furnished by that Athlete or108Person. Such notice shall be deemed to have been received upon
the expiry of three (3) days after the date of sending.
27.2.5 JADA may provide notice by registered post, facsimile, email, andtelephone, or using any other method of communication available.

28

ARTICLE 28

28.1

Validity

VALIDITY AND GOVERNING LAW

28.1.1 Any deviation from this Japan Anti-Doping Code or the proceduresreferred to herein shall not invalidate any finding, decision or result
unless it was such as to cast material doubt on that finding,
decision or result.
28.1.2 If any Article of this Japan Anti-Doping Code is held invalid,
unenforceable or illegal for any reason, this Japan Anti-Doping
Code shall remain otherwise in full force apart from such Article
which shall be deemed deleted insofar as it is invalid, unenforceable
or illegal.
28.1.3 All acts bona fide done by any Person in the implementation of thisJapan Anti-Doping Code, notwithstanding that it be afterwards
discovered that there was some defect in the appointment,
qualification or authority of such Person so acting, shall be as valid
as if every such Person had been duly appointed, qualified or
authorised.

28.2

Governing Law
This Japan Anti-Doping Code is governed by the laws of Japan.

109

29

APPENDIX 1

DEFINITIONSADAMS: The Anti-Doping Administration and Management System is a Web-based
database management tool for data entry, storage, sharing, and reporting
designed to assist stakeholders and WADA in their anti-doping operations inconjunction with data protection legislation.
Administration:

Providing, supplying, supervising, facilitating, or otherwise

participating in the Use or Attempted Use by another Person of a Prohibited
Substance or Prohibited Method. However, this definition shall not include theactions of bona fide medical personnel involving a Prohibited Substance or
Prohibited Method used for genuine and legal therapeutic purposes or otheracceptable justification and shall not include actions involving Prohibited
Substances which are not prohibited in Out-of-Competition Testing unless thecircumstances as a whole demonstrate that such Prohibited Substances are notintended for genuine and legal therapeutic purposes or are intended to enhancesport performance.
Adverse Analytical Finding: A report from a WADA-accredited laboratory or other
WADA-approved laboratory that, consistent with the International Standard forLaboratories and related Technical Documents, identifies in a Sample the presenceof a Prohibited Substance or its Metabolites or Markers (including elevatedquantities of endogenous substances) or evidence of the Use of a Prohibited
Method.
Adverse Passport Finding:A report identified as an Adverse Passport Finding as

described in the applicable International Standards.
Anti-Doping Organisation: A Signatory that is responsible for adopting rules for
initiating, implementing or enforcing any part of the Doping Control process. This
includes, for example, the International Olympic Committee, the International
Paralympic Committee, other Major Event Organisations that conduct Testing attheir Events, WADA, International Federations, and National Anti-Doping
Organisations.
Athlete: Any Person who competes in sport at the international level (as defined byeach International Federation), or the national level (as defined by each National
Anti-Doping Organisation). An Anti-Doping Organisation has discretion to apply

110anti-doping rules to an Athlete who is neither an International-Level Athlete nor a
National-Level Athlete, and thus to bring them within the definition of “Athlete.”
In relation to Athletes who are neither International-Level nor National-Level
Athletes, an Anti-Doping Organisation may elect to: conduct limited Testing or no
Testing at all; analyse Samples for less than the full menu of Prohibited
Substances; require limited or no whereabouts information; or not require advanceTUEs. However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed
by any Athlete over whom an Anti-Doping Organisation has authority whocompetes below the international or national level, then the Consequences set
forth in the Code (except Article 14.3.2) 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 an Athlete.
[Comment:This

definition

makes

it

clear

that

all

International-andNational-Level Athletes are subject to the anti-doping rules of the Code, with theprecise definitions of international- and national-level sport to be set forth in theanti-doping rules of the International Federations and National Anti-Doping
Organisations, respectively. The definition also allows each National Anti-Doping
Organisation, if it chooses to do so, to expand its anti-doping programme beyond
International- or National-Level Athletes to competitors at lower levels ofCompetition or to individuals who engage in fitness activities but do not compete atall. Thus, a National Anti-Doping Organisation could, for example, elect to test
recreational-level competitors but not require advance TUEs. But an anti-doping
rule violation involving an Adverse Analytical Finding or Tampering results in all of
the Consequences provided for in the Code (with the exception of Article 14.3.2).
The decision on whether Consequences apply to recreational-level Athletes who
engage in fitness activities but never compete is left to the National Anti-Doping
Organisation. In the same manner, a Major Event Organisation holding an Event
only for masters-level competitors could elect to test the competitors but notanalyse Samples for the full menu of Prohibited Substances. Competitors at alllevels of Competition should receive the benefit of anti-doping information andeducation.]

111

Athlete Biological Passport:

The programme and methods of gathering andcollating data as described in the International Standard for Testing andInvestigations and International Standard for Laboratories.
Athlete Support Personnel: Any coach, trainer, manager, agent, team staff, official,
medical, paramedical personnel, parent or any other Person working with, treatingor assisting an Athlete participating in or preparing for sports Competition.
Attempt: Purposely engaging in conduct that constitutes a substantial step in acourse of conduct planned to culminate in the commission of an anti-doping ruleviolation. Provided, however, there shall be no anti-doping rule violation based
solely on an Attempt to commit a violation if the Person renounces the Attemptprior to it being discovered by a third party not involved in the Attempt.
Atypical Finding: A report from a WADA-accredited laboratory or other
WADA-approved laboratory which requires further investigation as provided by theInternational Standard for Laboratories or related Technical Documents prior to
the determination of an Adverse Analytical Finding.
Atypical Passport Finding: A report described as an Atypical Passport Finding as
described in the applicable International Standards.
CAS: The Court of Arbitration for Sport.
Code: The World Anti-Doping Code.
Competition: A single race, match, game or singular sport contest. For example, abasketball game or the finals of the Olympic 100-meter race in athletics. For stage
races and other sport contests where prizes are awarded on a daily or other interim
basis the distinction between a Competition and an Event will be as provided in therules of the applicable International Federation.
Consequences of Anti-Doping Rule Violations (“Consequences”): An Athlete’s orother Person’s violation of an anti-doping rule may result in one or more of thefollowing: (a) Disqualification means the Athlete’s results in a particularCompetition or Event are invalidated, with all resulting Consequences including
forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete orother Person is barred on account of an anti-doping rule violation for a specified
period of time from participating in any Competition or other activity or funding as112

provided in Article 10.12.1; (c) Provisional Suspension means the Athlete or other
Person is barred temporarily from participating in any Competition or activity prior
to the final decision at a hearing conducted under Article 8; (d) Financial
Consequences means a financial sanction imposed for an anti-doping rule violationor to recover costs associated with an anti-doping rule violation; and (e) Public
Disclosure or Public Reporting means the dissemination or distribution of
information to the general public or Persons beyond those Persons entitled toearlier notification in accordance with Article 14. Teams in Team Sports may also
be subject to Consequences as provided in Article 11 of the Code.
Contaminated Product:

A product that contains a Prohibited Substance that is notdisclosed on the product label or in information available in a reasonable Internet
search.
Disqualification: See Consequences of Anti-Doping Rule Violations above.
Doping Control: All steps and processes from test distribution planning through toultimate disposition of any appeal including all steps and processes in between
such as provision of whereabouts information, Sample collection and handling,laboratory analysis, TUEs, results management and hearings.
Event: A series of individual Competitions conducted together under one rulingbody (e.g., the Olympic Games, FINA World Championships, or Pan American
Games).
Event Venues: Those venues so designated by the ruling body for the Event.
Event Period: The time between the beginning and end of an Event, as establishedby the ruling body of the Event.
Fault:

Fault is any breach of duty or any lack of care appropriate to a particularsituation. Factors to be taken into consideration in assessing an Athlete or other
Person’s degree of Fault include, for example, the Athlete’s or other Person’s
experience, whether the Athlete or other Person is a Minor, special considerations
such as impairment, the degree of risk that should have been perceived by the
Athlete and the level of care and investigation exercised by the Athlete in relation
to what should have been the perceived level of risk. In assessing the Athlete’s orother Person’s degree of Fault, the circumstances considered must be specific and113relevant to explain the Athlete’s or other Person’s departure from the expected
standard of behaviour. Thus, for example, the fact that an Athlete would lose theopportunity to earn large sums of money during a period of Ineligibility, or the factthat the Athlete only has a short time left in his or her career, or the timing of the
sporting calendar, would not be relevant factors to be considered in reducing theperiod of Ineligibility under Article 10.5.1 or 10.5.2.
[Comment: The criteria for assessing an Athlete’s degree of Fault is the sameunder all Articles where Fault is to be considered. However, under Article 10.5.2,
no reduction of sanction is appropriate unless, when the degree of Fault is assessed,
the conclusion is that No Significant Fault or Negligence on the part of the Athlete
or other Person was involved.]

Financial Consequences: See Consequences of Anti-Doping Rule Violations above.
In-Competition: Unless provided otherwise in the rules of an International
Federation or the ruling body of the Event in question, “In-Competition” means theperiod commencing twelve hours before a Competition in which the Athlete isscheduled to participate through the end of such Competition and the Sample
collection process related to such Competition.
[Comment: An International Federation or ruling body for an Event may establish
an “In-Competition” period that is different than the Event Period.]

Independent Observer Programme: A team of observers, under the supervision of
WADA, who observe and provide guidance on the Doping Control process at certain
Events and report on observations.
Individual Sport: Any sport that is not a Team Sport.
Ineligibility: See Consequences of Anti-Doping Rule Violations above.
International Event: An Event or Competition where the International Olympic
Committee, the International Paralympic Committee, an International Federation,a Major Event Organisation, or another international sport organisation is theruling body for the Event or appoints the technical officials for the Event.

114

International-Level Athlete: Athletes who compete in sport at the international
level, as defined by each International Federation, consistent with theInternational Standard for Testing and Investigations.
[Comment:

Consistent with the International Standard for Testing andInvestigations, the International Federation is free to determine the criteria it will
use to classify Athletes as International-Level Athletes, e.g., by ranking, byparticipation in particular International Events, by type of license, etc. However,it must publish those criteria in clear and concise form, so that Athletes are able toascertain quickly and easily when they will become classified as International-Level
Athletes. For example, if the criteria include participation in certain International
Events, then the International Federation must publish a list of those International
Events.]International Standard: A standard adopted by WADA in support of the Code.
Compliance with an International Standard (as opposed to another alternative
standard, practice or procedure) shall be sufficient to conclude that the procedures
addressed by the International Standard were performed properly. International
Standards shall include any Technical Documents issued pursuant to theInternational Standard.
JADA: Japan Anti-Doping Agency
Japan Anti-Doping Disciplinary Panel: The panel appointed by JADA to adjudicate
on alleged violations of this Japan Anti-Doping Code.
JOC: Japanese Olympic Committee, the National Olympic Committee in Japan.
Japan Sports Arbitration Agency: The agency to adjudicate on appeals fromdecisions of Japan Anti-Doping Disciplinary Panel.
Japan Sports Arbitration Agency: The agency to adjudicate on appeals fromdecisions of Japan Anti-Doping Disciplinary Panel.
JSC: Japan Sport Council.
JASA: Japan Sports Association.
JPC: Japanese Paralympic Committee / Japan Para-Sports Association, theNational Paralympic Committee in Japan.

115

Major Event Organisations: The continental associations of National Olympic
Committees and other international multi-sport organisations that function as theruling body for any continental, regional or other International Event.
Marker: A compound, group of compounds or biological variable(s) that indicates
the Use of a Prohibited Substance or Prohibited Method.
Metabolite: Any substance produced by a biotransformation process.
Minor: A natural Person who has not reached the age of eighteen years.
National Anti-Doping Organisation: The entity(ies) designated by each country as
possessing the primary authority and responsibility to adopt and implement
anti-doping rules, direct the collection of Samples, the management of test results,
and the conduct of hearings at the national level. If this designation has not been
made by the competent public authority(ies), the entity shall be the country’s
National Olympic Committee, National Paralympic Committee or its designee.
National Event: A sport Event involving International- or National-Level Athletes
that is not an International Event.
National Sports Federation:

A national or regional entity which is a member of oris recognised by an International Federation as the entity governing theInternational Federation's sport in that nation or region or other national,
provincial or territorial Person governing sport in Japan or part thereof and its
affiliated members, clubs, teams, associations or leagues.
National-Level Athlete: Athletes who compete in sport at the national level, as
definedbyeach

National

Anti-Doping

Organisation,

consistent

with

the

International Standard for Testing and Investigations. In Japan, National-Level
Athletes are defined as set out in Article 1.4.
National Olympic Committee: The organisation recognised by the International
Olympic Committee. The term National Olympic Committee shall also include the
National Sport Confederation in those countries where the National Sport
Confederation assumes typical National Olympic Committee responsibilities in theanti-doping area.
National Paralympic Committee: The organisation recognised by the International
Paralympic Committee. The term National Paralympic Committee shall also include

116

the National Sport Confederation in those countries where the National Sport
Confederation assumes typical National Paralympic Committee responsibilities in
the anti-doping area.
NOC Team: any Japanese Olympic team or other team selected by JOC.
NPC Team: any Japanese Paralympic team or other team sent to the Paralympic
Games by JPC.
No Fault or Negligence: The Athlete or other Person's establishing that he or she
did not know or suspect, and could not reasonably have known or suspected evenwith the exercise of utmost caution, that he or she had Used or been administered
the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping
rule. Except in the case of a Minor, for any violation of Article 2.1, the Athlete mustalso establish how the Prohibited Substance entered his or her system.
No Significant Fault or Negligence: The Athlete or other Person's establishing that
his or her Fault or negligence, when viewed in the totality of the circumstances andtaking into account the criteria for No Fault or negligence, was not significant inrelationship to the anti-doping rule violation. Except in the case of a Minor, for any
violation of Article 2.1, the Athlete must also establish how the Prohibited
Substance entered his or her system.
[Comment: For Cannabinoids, an Athlete may establish No Significant Fault or
Negligence by clearly demonstrating that the context of the Use was unrelated tosport performance.]
Out-of-Competition: Any period which is not In-Competition.
Participant: Any Athlete or Athlete Support Person.
Person: A natural Person or an organisation or other entity.
Possession: The actual, physical Possession, or the constructive Possession (whichshall be found only if the Person has exclusive control or intends to exercise control
over the Prohibited Substance or Prohibited Method or the premises in which a
Prohibited Substance or Prohibited Method exists); provided, however, that if the
Person does not have exclusive control over the Prohibited Substance or Prohibited
Method or the premises in which a Prohibited Substance or Prohibited Method
exists, constructive Possession shall only be found if the Person knew about the117presence of the Prohibited Substance or Prohibited Method and intended toexercise control over it. Provided, however, there shall be no anti-doping ruleviolation based solely on Possession if, prior to receiving notification of any kindthat the Person has committed an anti-doping rule violation, the Person has taken
concrete action demonstrating that the Person never intended to have Possession
and has renounced Possession by explicitly declaring it to an Anti-Doping
Organisation. Notwithstanding anything to the contrary in this definition, thepurchase (including by any electronic or other means) of a Prohibited Substance or
Prohibited Method constitutes Possession by the Person who makes the purchase.
[Comment:

Under this definition, steroids found in an Athlete's car would

constitute a violation unless the Athlete establishes that someone else used thecar; in that event, the Anti-Doping Organisation must establish that, even though
the Athlete did not have exclusive control over the car, the Athlete knew about thesteroids and intended to have control over the steroids. Similarly, in the example
of steroids found in a home medicine cabinet under the joint control of an Athlete
and spouse, the Anti-Doping Organisation must establish that the Athlete knew thesteroids were in the cabinet and that the Athlete intended to exercise control overthe steroids. The act of purchasing a Prohibited Substance alone constitutes
Possession, even where, for example, the product does not arrive, is received bysomeone else, or is sent to a third party address.]
Prefectural Sports Federation:

A regional entity at prefectural level which is amember of or is recognised by National Sports Federation as the entity governing
the National Sports Federation’s sport in that region.
Prohibited List: The List identifying the Prohibited Substances and Prohibited
Methods.
Prohibited Method: Any method so described on the Prohibited List.
Prohibited Substance: Any substance, or class of substances, so described on theProhibited List.
Provisional Hearing:

For purposes of Article 7.9, an expedited abbreviatedhearing occurring prior to a hearing under Article 8 that provides the Athlete with
notice and an opportunity to be heard in either written or oral form.

118

[Comment: 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, theAthlete 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 7.9, is a full hearing
on the merits conducted on an expedited time schedule.]

Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.
Publicly Disclose or Publicly Report: See Consequences of Anti-Doping Rule
Violations above.
Regional Anti-Doping Organisation:

A regional entity designated by member

countries to coordinate and manage delegated areas of their national anti-doping
programmes, which may include the adoption and implementation of anti-doping
rules, the planning and collection of Samples, the management of results, thereview of TUEs, the conduct of hearings, and the conduct of educational
programmes at a regional level.
Registered Testing Pool: The pool of highest-priority Athletes establishedseparately at the international level by International Federations and at thenational level by National Anti-Doping Organisations, who are subject to focused
In-Competition and Out-of-Competition Testing as part of that International
Federation’s or National Anti-Doping Organisation’s test distribution plan andtherefore are required to provide whereabouts information as provided in Article
5.6 of the Code and the International Standard for Testing and Investigations.
Sample or Specimen: Any biological material collected for the purposes of Doping
Control.
[Comment: It has sometimes been claimed that the collection of blood Samples
violates the tenets of certain religious or cultural groups. It has been determinedthat there is no basis for any such claim.]

Signatories: Those entities signing the Code, and agreeing to comply with the Code,as provided in Article 23 of the Code.
Specified Substance: See Article 4.2.2.

119

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 Athlete’s part
be demonstrated by the Anti-Doping Organisation in order to establish an
anti-doping rule violation.
Substantial Assistance: For purposes of Article 10.6.1, a Person providing
Substantial Assistance must: (1) fully disclose in a signed written statement all
information he or she possesses in relation to anti-doping rule violations, and (2)fully cooperate with the investigation and adjudication of any case 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 whichis initiated or, if no case is initiated, must have provided a sufficient basis on whicha case could have been brought.
Tampering: Altering for an improper purpose or in an improper way; bringing
improper influence to bear; interfering improperly; obstructing, misleading or
engaging in any fraudulent conduct to alter results or prevent normal proceduresfrom occurring.
Target Testing: Selection of specific Athletes for Testing based on criteria set forthin the International Standard for Testing and Investigations.
Team Sport: A sport in which the substitution of players is permitted during a
Competition.
Testing: The parts of the Doping Control process involving test distribution
planning, Sample collection, Sample handling, and Sample transport to thelaboratory.
Trafficking: Selling, giving, transporting, sending, delivering or distributing (orPossessing for any such purpose) a Prohibited Substance or Prohibited Method(either physically or by any electronic or other means) by an Athlete, Athlete
Support Person or any other Person subject to the jurisdiction 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, andshall not include actions involving Prohibited Substances which are not prohibited120

in Out-of-Competition Testing unless the circumstances as a whole demonstratesuch Prohibited Substances are not intended for genuine and legal therapeutic
purposes or are intended to enhance sport performance.
TUE: Therapeutic Use Exemption, as described in Article 4.4.
TUEC: TUE Committee established by JADA.
UNESCO Convention: The International Convention against Doping in Sport
adopted by the 33rd session of the UNESCO General Conference on 19 October2005 including any and all amendments adopted by the States Parties to theConvention 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.
[Comment: Defined terms shall include their plural and possessive forms, as wellas those terms used as other parts of speech].

121

30

APPENDIX 2

EXAMPLES OF THE APPLICATION OF ARTICLE 10

EXAMPLE 1.
Facts: An Adverse Analytical Finding results from the presence of an anabolic
steroid in an In-Competition test (Article 2.1); the Athlete promptly admits theanti-doping rule violation; the Athlete establishes No Significant Fault or
Negligence; and the Athlete provides Substantial Assistance.

Application of Consequences:1.

The starting point would be Article 10.2. Because the Athlete is deemed tohave No Significant Fault that would be sufficient corroborating evidence (Articles
10.2.1.1 and 10.2.3) that the anti-doping rule violation was not intentional, theperiod of Ineligibility would thus be two years, not four years (Article 10.2.2).

2.

In a second step, the panel would analyse whether the Fault-related

reductions (Articles 10.4 and 10.5) apply.

Based on No Significant Fault or

Negligence (Article 10.5.2) since the anabolic steroid is not a Specified Substance,
the applicable range of sanctions would be reduced to a range of two years to one
year (minimum one-half of the two year sanction). The panel would thendetermine the applicable period of Ineligibility within this range based on the
Athlete’s degree of Fault. (Assume for purposes of illustration in this example thatthe panel would otherwise impose a period of Ineligibility of 16 months.)

3.

In a third step, the panel would assess the possibility for suspension or

reduction under Article 10.6 (reductions not related to Fault). In this case, only
Article 10.6.1 (Substantial Assistance) applies. (Article 10.6.3, Prompt Admission,
is not applicable because the period of Ineligibility is already below the two-year
minimum set forth in Article 10.6.3.)

Based on Substantial Assistance, the period

of Ineligibility could be suspended by three-quarters of 16 months. *The minimum
period of Ineligibility would thus be four months.

122(Assume for purposes ofillustration in this example that the panel suspends ten months and the period of
Ineligibility would thus be six months.)

4.

Under Article 10.11, the period of Ineligibility, in principle, starts on thedate of the final hearing decision.

However, because the Athlete promptly

admitted the anti-doping rule violation, the period of Ineligibility could start as
early as the date of Sample collection, but in any event the Athlete would have toserve at least one-half of the Ineligibility period (i.e., three months) after the dateof the hearing decision (Article 10.11.2).

5.

Since the Adverse Analytical Finding was committed in a Competition, thepanel would have to automatically Disqualify the result obtained in that
Competition (Article 9).

6.

According to Article 10.8, all results obtained by the Athlete subsequent to

the date of the Sample collection until the start of the period of Ineligibility would
also be Disqualified unless fairness requires otherwise.

7.

The information referred to in Article 14.3.2 must be Publicly Disclosed,

unless the Athlete is a Minor, since this is a mandatory part of each sanction(Article 10.13).

8.

The Athlete is not allowed to participate in any capacity in a Competition orother sport-related activity under the authority of any Signatory or its affiliates
during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete
may return to train with a team or to use the facilities of a club or other member
organisation of a Signatory or its affiliates during the shorter of: (a) the last twomonths of the Athlete’s period of Ineligibility, or (b) the last one-quarter of theperiod of Ineligibility imposed (Article 10.12.2).

Thus, the Athlete would beallowed to return to training one and one-half months before the end of the period
of Ineligibility.

123

EXAMPLE 2.
Facts:An Adverse Analytical Finding results from the presence of a stimulant

which is a Specified Substance in an In-Competition test (Article 2.1); theAnti-Doping Organisation is able to establish that the Athlete committed theanti-doping rule violation intentionally; the Athlete is not able to establish that theProhibited Substance was Used Out-of-Competition in a context unrelated to sport
performance; the Athlete does not promptly admit the anti-doping rule violation as
alleged; the Athlete does provide Substantial Assistance.

Application of Consequences:1.

The starting point would be Article 10.2.

Because the Anti-Doping

Organisation can establish that the anti-doping rule violation was committed
intentionally and the Athlete is unable to establish that the substance waspermitted Out-of-Competition and the Use was unrelated to the Athlete’s sport
performance (Article 10.2.3), the period of Ineligibility would be four years (Article
10.2.1.2).

2.

Because the violation was intentional, there is no room for a reduction

based on Fault (no application of Articles 10.4 and 10.5). Based on Substantial
Assistance, the sanction could be suspended by up to three-quarters of the four
years. *The minimum period of Ineligibility would thus be one year.

3.

Under Article 10.11, the period of Ineligibility would start on the date of the

final hearing decision.

4.

Since the Adverse Analytical Finding was committed in a Competition, thepanel would automatically Disqualify the result obtained in the Competition.

124

5.

According to Article 10.8, all results obtained by the Athlete subsequent to

the date of Sample collection until the start of the period of Ineligibility would also
be Disqualified unless fairness requires otherwise.

6.

The information referred to in Article 14.3.2 must be Publicly Disclosed,

unless the Athlete is a Minor, since this is a mandatory part of each sanction(Article 10.13).

7.

The Athlete is not allowed to participate in any capacity in a Competition orother sport-related activity under the authority of any Signatory or its affiliates
during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete
may return to train with a team or to use the facilities of a club or other member
organisation of a Signatory or its affiliates during the shorter of: (a) the last twomonths of the Athlete’s period of Ineligibility, or (b) the last one-quarter of theperiod of Ineligibility imposed (Article 10.12.2).

Thus, the Athlete would beallowed to return to training two months before the end of the period of
Ineligibility.

EXAMPLE 3.
Facts: An Adverse Analytical Finding results from the presence of an anabolic
steroid in an Out-of-Competition test (Article 2.1); the Athlete establishes No
Significant Fault or Negligence; the Athlete also establishes that the Adverse
Analytical Finding was caused by a Contaminated Product.

Application of Consequences:1.

The starting point would be Article 10.2.

Because the Athlete canestablish through corroborating evidence that he did not commit the anti-doping
rule violation intentionally, i.e., he had No Significant Fault in Using a
Contaminated Product (Articles 10.2.1.1 and 10.2.3), the period of Ineligibility
would be two years (Article 10.2.2).

125

2.

In a second step, the panel would analyse the Fault-related possibilities for

reductions (Articles 10.4 and 10.5).

Since the Athlete can establish that theanti-doping rule violation was caused by a Contaminated Product and that he actedwith No Significant Fault or Negligence based on Article 10.5.1.2, the applicablerange for the period of Ineligibility would be reduced to a range of two years to a
reprimand. The panel would determine the period of Ineligibility within this range,
based on the Athlete’s degree of Fault. (Assume for purposes of illustration in thisexample that the panel would otherwise impose a period of Ineligibility of fourmonths.)3.

According to Article 10.8, all results obtained by the Athlete subsequent to

the date of Sample collection until the start of the period of Ineligibility would be
Disqualified unless fairness requires otherwise.

4.

The information referred to in Article 14.3.2 must be Publicly Disclosed,

unless the Athlete is a Minor, since this is a mandatory part of each sanction(Article 10.13).

5.

The Athlete is not allowed to participate in any capacity in a Competition orother sport-related activity under the authority of any Signatory or its affiliates
during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete
may return to train with a team or to use the facilities of a club or other member
organisation of a Signatory or its affiliates during the shorter of: (a) the last twomonths of the Athlete’s period of Ineligibility, or (b) the last one-quarter of theperiod of Ineligibility imposed (Article 10.12.2).

Thus, the Athlete would beallowed to return to training one month before the end of the period of Ineligibility.

EXAMPLE 4.
Facts:An Athlete who has never had an Adverse Analytical Finding or been

confronted with an anti-doping rule violation spontaneously admits that she Used126

an anabolic steroid to enhance her performance.

The Athlete also provides

Substantial Assistance.

Application of Consequences:1.

Since the violation was intentional, Article 10.2.1 would be applicable andthe basic period of Ineligibility imposed would be four years.

2.

There is no room for Fault-related reductions of the period of Ineligibility(no application of Articles 10.4 and 10.5).

3.

Based on the Athlete’s spontaneous admission (Article 10.6.2) alone, theperiod of Ineligibility could be reduced by up to one-half of the four years. Basedon the Athlete’s Substantial Assistance (Article 10.6.1) alone, the period of
Ineligibility could be suspended up to three-quarters of the four years.* Under
Article 10.6.4, in considering the spontaneous admission and Substantial
Assistance together, the most the sanction could be reduced or suspended would
be up to three-quarters of the four years. The minimum period of Ineligibility
would be one year.

4.

The period of Ineligibility, in principle, starts on the day of the final hearing

decision (Article 10.11).

If the spontaneous admission is factored into the

reduction of the period of Ineligibility, an early start of the period of Ineligibility
under Article 10.11.2 would not be permitted. The provision seeks to prevent an
Athlete from benefitting twice from the same set of circumstances. However, if theperiod of Ineligibility was suspended solely on the basis of Substantial Assistance,
Article 10.11.2 may still be applied, and the period of Ineligibility started as earlyas the Athlete’s last Use of the anabolic steroid.

127

5.

According to Article 10.8, all results obtained by the Athlete subsequent to

the date of the anti-doping rule violation until the start of the period of Ineligibility
would be Disqualified unless fairness requires otherwise.

6.

The information referred to in Article 14.3.2 must be Publicly Disclosed,

unless the Athlete is a Minor, since this is a mandatory part of each sanction(Article 10.13).

7.

The Athlete is not allowed to participate in any capacity in a Competition orother sport-related activity under the authority of any Signatory or its affiliates
during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete
may return to train with a team or to use the facilities of a club or other member
organisation of a Signatory or its affiliates during the shorter of: (a) the last twomonths of the Athlete’s period of Ineligibility, or (b) the last one-quarter of theperiod of Ineligibility imposed (Article 10.12.2).

Thus, the Athlete would beallowed to return to training two months before the end of the period of
Ineligibility.

EXAMPLE 5.
Facts:An Athlete Support Person helps to circumvent a period of Ineligibility imposed on
an Athlete by entering him into a Competition under a false name. The Athlete
Support Person comes forward with this anti-doping rule violation (Article 2.9)
spontaneously before being notified of an anti-doping rule violation by an
Anti-Doping Organisation.

Application of Consequences:1.

According to Article 10.3.4, the period of Ineligibility would be from two up

to four years, depending on the seriousness of the violation.

128(Assume forpurposes of illustration in this example that the panel would otherwise impose aperiod of Ineligibility of three years.)

2.

There is no room for Fault-related reductions since intent is an element of

the anti-doping rule violation in Article 2.9 (see comment to Article 10.5.2).

3.

According to Article 10.6.2, provided that the admission is the only reliable

evidence, the period of Ineligibility may be reduced down to one-half. (Assume
for purposes of illustration in this example that the panel would impose a period of
Ineligibility of 18 months.)

4.

The information referred to in Article 14.3.2 must be Publicly Disclosed

unless the Athlete Support Person is a Minor, since this is a mandatory part of eachsanction (Article 10.13).

EXAMPLE 6.
Facts:An Athlete was sanctioned for a first anti-doping rule violation with a period of
Ineligibility of 14 months, of which four months were suspended because of
Substantial Assistance.

Now, the Athlete commits a second anti-doping ruleviolation resulting from the presence of a stimulant which is not a Specified
Substance in an In-Competition test (Article 2.1); the Athlete establishes No
Significant Fault or Negligence; and the Athlete provided Substantial Assistance.
If this were a first violation, the panel would sanction the Athlete with a period of
Ineligibility of 16 months and suspend six months for Substantial Assistance.

Application of Consequences:1.

Article 10.7 is applicable to the second anti-doping rule violation because

Article 10.7.4.1 and Article 10.7.5 apply.

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2.

Under Article 10.7.1, the period of Ineligibility would be the greater of:(a)six months;(b)

one-half of the period of Ineligibility imposed for the first anti-doping
rule violation without taking into account any reduction under Article
10.6 (in this example, that would equal one-half of 14 months, which
is seven months); or(c)twice the period of Ineligibility otherwise applicable to the second
anti-doping rule violation treated as if it were a first violation, without
taking into account any reduction under Article 10.6 (in this example,
that would equal two times 16 months, which is 32 months).

Thus, the period of Ineligibility for the second violation would be the greater of (a),(b) and (c), which is a period of Ineligibility of 32 months.

3.

In a next step, the panel would assess the possibility for suspension or

reduction under Article 10.6 (non-Fault-related reductions). In the case of thesecond violation, only Article 10.6.1 (Substantial Assistance) applies. Based on
Substantial Assistance, the period of Ineligibility could be suspended bythree-quarters of 32 months. *The minimum period of Ineligibility would thus beeight months. (Assume for purposes of illustration in this example that the panel
suspends eight months of the period of Ineligibility for Substantial Assistance, thus
reducing the period of Ineligibility imposed to two years.)

4.

Since the Adverse Analytical Finding was committed in a Competition, thepanel would automatically Disqualify the result obtained in the Competition.

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5.

According to Article 10.8, all results obtained by the Athlete subsequent to

the date of Sample collection until the start of the period of Ineligibility would also
be Disqualified unless fairness requires otherwise.

6.

The information referred to in Article 14.3.2 must be Publicly Disclosed,

unless the Athlete is a Minor, since this is a mandatory part of each sanction(Article 10.13).

7.

The Athlete is not allowed to participate in any capacity in a Competition orother sport-related activity under the authority of any Signatory or its affiliates
during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete
may return to train with a team or to use the facilities of a club or other member
organisation of a Signatory or its affiliates during the shorter of: (a) the last twomonths of the Athlete’s period of Ineligibility, or (b) the last one-quarter of theperiod of Ineligibility imposed (Article 10.12.2).

Thus, the Athlete would beallowed to return to training two months before the end of the period of Ineligibility______________________________*Upon the approval of WADA in exceptional circumstances, the maximum
suspension of the period of Ineligibility for Substantial Assistance may be greaterthan three-quarters, and reporting and publication may be delayed.

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