Book C – C3.4

TRANSFER OF ALLEGIANCE REGULATIONS(Approved by Council on 13 July 2022
effective from 15 August 2022)

Book C – C3.4

Specific Definitions
The words and phrases used in these Rules that are defined terms (denoted by initial capitalletters) shall have the meanings specified in the Constitution and the General Definitions, or(in respect of the following words and phrases) the following meanings:"Applicable Persons" has the meaning given to it in the Integrity Code of Conduct.
"Area Official" has the meaning given to it in the Constitution.
"Chairperson" has the meaning given to it in Regulation 2.3.
"Competition Rules" means the rules of World Athletics known as the Competition Rules.
“Eligibility Rules” means the rules of World Athletics governing an Athletes eligibility tocompete.
"First Member" has the meaning given to it in Rule 4.4 of the Eligibility Rules.
"Member Federation Official" has the meaning given to it in the Constitution.
"National Representative Competitions" has the meaning given to it in the Competition
Rules.
"Nationality Review Panel" has the meaning given to it in Regulation 2.1.
"Other Relevant Competition" has the meaning given to it in the Competition Rules.
"Residence" has the meaning given to it in the Eligibility Rules.
"Second Member" has the meaning given to it in Rule 4.4 of the Eligibility Rules.

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1.

Overview

1.1

National Representative Competitions play a vital role in developing interest andparticipation in the sport of Athletics, and so in broadening the competitive playing baseand encouraging the public interest that are vital to its long-term health and success.
They incentivise Members to identify and develop athletic talent within their respective
national jurisdictions, incentivise those Athletes to aspire to excel at the highest levelsof the sport, provide a showcase for the sport to a wide international audience, andgenerate commercial revenues that can be invested in development work at every level
throughout the sport.

1.2

The Council therefore regards it as imperative:

1.3

1.2.1

to protect the credibility and regularity of National Representative Competitions,by ensuring that Athletes on a national representative team have a genuine
connection with the Country or Territory represented, and do not switch either
abruptly or frequently to other national representative teams for purely
mercenary reasons;

1.2.2

to encourage Members to invest in programmes that identify and develop
athletic talent within their respective Countries/Territories to compete in
National Representative Competitions (thereby contributing to the strength andthe credibility of those competitions) without fear of losing such athletes to otherMembers before they have reaped the benefit of that investment;

1.2.3

to encourage young athletes to join a Member's development programmes, andto make the effort and sacrifices required to excel in the sport, without fear of
the Member preferring to fill the national representative team with athletes
recruited from other Countries/Territories; and1.2.4

to ensure that the welfare of an athlete who transfers allegiance from one
Member to another is adequately protected at all stages, including:a.

ensuring that the Member to which the athlete transfers fulfils any
promises, offers or incentives (i.e. payments, other consideration orvalue in kind or other benefits) that it made to the athlete to induce themto choose the Member or transfer their allegiance to the Member;b.

the Athlete’s rights, privileges and benefits associated with their
Citizenship or official legal status (i.e. if an Athlete has refugee or asylum
status) are provided, met, upheld and respected;

c.

principles of human rights associated with the Athlete’s Citizenship orother legal status are provided, met, upheld and respected (e.g.
freedom of movement, freedom of opinion and expression, right to equal
treatment and protection etc.).

World Athletics fully respects national laws conferring Citizenship, and also recognisesthat Athletes may legitimately wish to take advantage of those laws to acquire a new
Citizenship for a variety of personal and/or professional reasons (including, in somecases, in order to secure better opportunities to compete at international level in the
sport). However, an Athlete's eligibility to compete on behalf of a Member in National

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Representative Competitions cannot be determined solely by reference to Citizenship,
because:
1.3.1

Members that represent Territories rather than Countries cannot grant
Citizenship to their Athletes;

1.3.2

some Countries permit dual Citizenship, whereas an Athlete may only
represent one Country or Territory in National Representative Competitions;
and

1.3.3

some Countries have accelerated naturalisation processes enabling rapid
acquisition of Citizenship in certain circumstances, where that is considered to
be in the best national interests of the Country in question, but without taking
into account any of the sporting imperatives identified above.

1.4

Therefore, the Council has issued Eligibility Rules to determine (a) an Athlete's eligibility
to compete on behalf of a Member in National Representative Competitions; and (b) the
circumstances in which an Athlete who has represented one Member in National
Representative Competition may then transfer allegiance to another Member. Eligibility
Rules use Citizenship as the starting-point in each case, and add further conditions only
to the extent necessary to protect/advance the sporting imperatives identified above.

1.5

These Regulations:

1.6

1.5.1

address the practical implementation of the Eligibility Rules. They create aprocess for the monitoring and approval of declarations of eligibility andtransfers of allegiance that is designed to ensure the orderly enforcement of the
Eligibility Rules in accordance with the objectives stated above, and to prevent
manipulation and abuse;

1.5.2

are binding on and must be complied with by all Members, Area Associations,
Athletes, Athlete Representatives, Member Federation Officials, Area Officials
and other Applicable Persons;

1.5.3

first came into effect on 27 July 2018 (the 'First Effective Date'), replacing andsuperseding the rules in force on this topic before that date. Any eligibility thatwas established or any transfer of allegiance that was completed under therules in force before the First Effective Date are unaffected by theseRegulations.;

1.5.4

apply globally, regulating the conditions for Athletes to compete on behalf ofMembers in any National Representative Competitions, wherever they are held.
As such, in order to ensure consistency, these Regulations are to be interpreted
and applied not by reference to laws peculiar to particular nations or regions,but rather as an independent and autonomous text, based on laws of generalapplication, and in a manner that protects and advances the imperatives
identified above.

For the avoidance of doubt, these regulations do not govern an Athlete's eligibility to beentered by a National Olympic Committee or other relevant body to compete in the
Olympic Games or Youth Olympic Games or any Other Relevant Competition. Instead,such eligibility will continue to be determined solely in accordance with the Eligibility
Rules applicable to those competitions, such as the Olympic Charter, as amended by
the IOC from time to time. The version of the relevant part of the Olympic Charter inWorld Athletics Transfer of Allegiance Regulations approved by Council on 13 July 2022 effective from 15 August 2022

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force as of the date of issue of these Regulations (Rule 41 and its byelaw) is set out at
Appendix 1.
2.

Nationality Review Panel

Authority
2.1

The Council delegates the powers and authority of World Athletics under theseRegulations to a special panel (the 'Nationality Review Panel'), including the power
and authority:
2.1.1

to determine the eligibility of a particular Athlete further to Rule 4.2 of the
Eligibility Rules to compete on behalf of a Member in National Representative
Competitions, in case of any question or issue or dispute;

2.1.2

to determine applications for World Athletics approval for an Athlete torepresent a Member made further to Rule 4.2.4 of the Eligibility Rules;

2.1.3

to determine applications for World Athletics approval of a transfer of allegiancemade further to Rule 4.4.2 of the Eligibility Rules;

2.1.4

to determine whether to waive or vary any of the requirements of theseRegulations in a particular case, further to Rule 4.6 of the Eligibility to Rules;

2.1.5

to resolve any issue that arises in relation to eligibility to compete on behalf ofa Member in National Representative Competitions that is not alreadyaddressed in these Regulations, further to Rule 4.9 of the Eligibility Rules; and2.1.6

to resolve any other issue arising under or in connection with these Regulations
that requires decision;

although in cases falling within either Regulations 2.1.5 or 2.1.6, the Council may decide(whether at the request of the Chief Executive Officer or their nominee, or at the requestof the Chairperson of the Nationality Review Panel or otherwise) to consider and decide
the issue itself.
2.2

The Nationality Review Panel may exercise its delegated powers and authority:
2.2.1

on application by a Member pursuant to this Regulation 2;

2.2.2

on referral of a matter to it by the Council or the Chief Executive Officer or theirnominee; and/or

2.2.3

in such other circumstances as the Council or the Chairperson of the Nationality
Review Panel sees fit.

Composition
2.3

The Council will appoint a pool of suitably qualified and experienced persons, and will
designate one of them to act as the Chairperson (the 'Chairperson'). When an
application or other matter arises under these Regulations that requires considerationby the Nationality Review Panel, the Chief Executive Officer or their nominee will informthe Chairperson, who will designate three persons from the pool (one of whom may be
the Chairperson, if they sees fit) to sit as the Nationality Review Panel for that matter.

2.4

No one with an interest in (including any allegiance to or the same nationality as theWorld Athletics Transfer of Allegiance Regulations approved by Council on 13 July 2022 effective from 15 August 2022

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Members involved in) a particular application or other matter will be appointed to the
Nationality Review Panel for that application or matter.
2.5

If the Chairperson is not on the Nationality Review Panel for a particular application orother matter, they will designate one of the three chosen members to act as the
Chairperson of the Nationality Review Panel for the application or matter.

Member Applications
2.6

An Athlete may not apply to the Nationality Review Panel.

2.7

A Member may by written application ask the Nationality Review Panel:
2.7.1

to determine the eligibility of a particular Athlete to compete on behalf of a
Member in National Representative Competitions, further to Rule 4.2 of the
Eligibility Rules;

2.7.2

to approve an Athlete’s representation of a Member further to Rule 4.2.4 of the
Eligibility Rules;

2.7.3

to approve a transfer of allegiance further to Rule 4.4.2 of the Eligibility Rules;

2.7.4

for a waiver or variation of some or all of the requirements of these Regulations
in a particular case, further to Rule 4.6 of the Eligibility Rules;

2.7.5

to resolve an issue that has arisen in relation to eligibility to compete on behalfof a Member in National Representative Competitions that is not alreadyaddressed in these Regulations, further to Rule 4.9 of the Eligibility Rules;
and/or

2.7.6

to resolve any other issue that arises under or in connection with theseRegulations that requires decision, further to Regulation 2.1.6.

2.8

A Member should make an application in accordance with Regulation 2.7 as soon asreasonably practicable. Any delay in making an application, and in particular any
consequent inability to satisfy the Nationality Review Panel that all of the requirements
set out in these Regulations have been met, shall be at the risk of the Member
concerned.

2.9World Athletics may specify an administration fee to be paid by the Member to coverWorld Athletics' costs of dealing with the Member's application. The commencement of
the waiting period referred to in Regulation 2.12.1 is not conditional on payment of theadministration fee.

2.10 Each such application must be filed with the Chief Executive Officer or their nominee
and must:

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2.10.1

be in the form prescribed by World Athletics;

2.10.2be in English or French, with any supporting documents that are in anotherlanguage being accompanied by a certified translation into English or French;

2.10.3set out the grounds for the decision requested, e.g. the basis:a.

on which it is claimed that an Athlete should be ruled eligible under theseRegulations to compete on behalf of the Member in National
Representative Competitions under Rule 4.2 of the Eligibility Rules; orb.

on which it is claimed that the requirements of either Rule 4.2.4 or Rule4.4.2 of the Eligibility Rules are met; orc.

for any requested waiver or variance of the requirements of Rule 4 of
the Eligibility Rules; and/ord.

for any ruling requested on an issue that has arisen that is not alreadyaddressed in the Regulations;2.10.4be accompanied by valid, authentic, accurate and complete documentation inaccordance with Regulation 3.3 and/or other reliable evidence required toestablish the facts relied on in the application, including proof of relevant
Citizenship, evidenced by a valid passport and/or other official document(s)issued by the relevant authorities of the Country or Territory in question andwhere required have them certified and/or provide certified translations inEnglish;2.10.5

confirm the Second Member has notified the First Member in writing of thetransfer and application (including providing a copy of the application form) anddisclose all correspondence between the Second Member and First Member;

2.10.6

disclose what payments, other financial consideration or value in kind (if any)
the Second Member has offered to the First Member to induce it to agree to thetransfer;

2.10.7

disclose what payments, other consideration or value in kind or other benefits(if any) the Second Member has offered to the Athlete to induce them to agree
to the transfer;2.10.8

disclose the rights, privileges and benefits and principles of human rights
associated with the Athlete’s Citizenship or other legal status in the Second
Member’s Country or Territory;

2.10.9disclose the names and contact details of any Athlete Representative and/or
any other agent involved in any transfer. Where an Athlete Representative
and/or agent is involved the Second Member must disclose in writing from theAthlete Representative and/or agent the exact nature and role of theirinvolvement and if they received any fees, bonuses or other payment (whether
paid in money or in kind) and, if so, how much and from whom they received
the payment;

2.10.10 be accompanied by a statement sworn by the Athlete (e.g., an affidavit or anaffirmation) setting out the basis for their claim to be eligible to compete on
behalf of a particular Member in National Representative Competitions and/orWorld Athletics Transfer of Allegiance Regulations approved by Council on 13 July 2022 effective from 15 August 2022

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(if applicable) the reasons for their proposed representation of a Member basedon Citizenship acquired after birth, or for their proposed transfer of allegianceto a Second Member, including a description of the Athlete's ties to the Countryor Territory represented by the Member;
2.10.11 be signed by a duly authorised officer of the Member, attesting to the validity,
authenticity, accuracy and the completeness of the information provided(including any documentation) in support of the application. Where thesignatory is not the President and/or General Secretary/Chief Executive (orequivalent) of a Member then the duly authorised officer shall confirm that the
President and General Secretary/Chief Executive Officer (or equivalent) has
approved submission of the application; and2.10.12 be accompanied by proof of payment of the administration fee specified by the
Chief Executive Officer or their nominee.
2.11 Upon receipt, the Chief Executive Officer or their nominee and the Athletics Integrity Unit
will review the application and supporting documentation to check their validity,
authenticity, accuracy, and completeness.
Applications which require further
clarification concerning their validity, authenticity, accuracy, and completeness will besent back to the Member to be clarified and/or re-submitted.
2.12 Once an application that has been submitted is complete:
2.12.1

the waiting period specified in Rules 4.2.4 or 4.4.2 of the Eligibility Rules will
start running.

2.12.2The Chief Executive Officer or their nominee will send the application to the
Chairperson of the Nationality Review Panel, and thereafter to the members of
the Nationality Review Panel appointed by the Chairperson to consider theapplication, along with any recommendations that the Chief Executive Officer
or their nominee deems appropriate.

2.12.3The Athlete who is the subject of the application may not compete on behalf of
any Member in any National Representative Competition or Other Relevant
Competition until a final and binding decision has been issued on theapplication, but they may continue to participate in all other competitions.

2.13 The Athlete may withdraw their support for an application submitted by a Member under
Regulation 2.7 at any time prior to the grant of the application, by written notification to
the Chief Executive Officer or their nominee, copying any other Member(s) and Area
Association(s) with a direct interest in the application. In this case the application will bedeemed withdrawn without having been approved, and the Athlete may compete again
for the First Member in National Representative Competitions.
2.14 The Member that submitted an application in accordance with Regulation 2.7 may
withdraw the application at any time prior to the grant of the application, by written
notification to the Chief Executive Officer or their nominee, copying any other Member(s)and Area Association(s) with a direct interest in the application. The notification ofwithdrawal from the Member must also include written notification from the Athlete
confirming their agreement to the withdrawal. In this case the application will be deemed
withdrawn without having been approved, and the Athlete may compete again for theFirst Member in National Representative Competitions.

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Consideration of an Application
2.15 Where it considers that doing so may be necessary or helpful, and/or to ensure fairness
in relation to a particular matter (whether brought before it on application by a Member,as part of a decision or otherwise), the Nationality Review Panel may at any time (without
limitation):
2.15.1

request the assistance of or refer the application to the Athletics Integrity Unit;

2.15.2

appoint an independent ombudsman to assist the Athlete in question tounderstand and address the requirements of the Regulations and/or a decisionof the Nationality Review Panel;

2.15.3

request additional information from the applicant Member and/or the Athlete(e.g., further proof of Citizenship and/or of Residence, where applicable);

2.15.4require the Athlete and/or appropriate representatives of the applicant Member
to attend for interview to answer questions arising;

2.15.5invite any other Member or Area Association concerned to make submissions
and/or provide the Nationality Review Panel with specific information;

2.15.6

commission an investigation into a matter and/or to monitor/confirm the facts
on which an application is based; and/or

2.15.7

obtain further information or legal or other advice from third parties (e.g., on the
Citizenship requirements of a particular Country).

2.16 The Member(s), the Area Association(s) and the Athlete concerned must cooperate fully
with the Nationality Review Panel's investigations and enquiries, and satisfy in full all of
the Nationality Review Panel's requirements.
2.17 The Nationality Review Panel will conduct its review fairly and impartially, and base its
decision solely on its assessment of the evidence before it.
2.18 The burden will be on the applicant Member to satisfy the Nationality Review Panel, on
the balance of probabilities, that the facts on which the application is based are true, andthat the application should be granted.
Decision
2.19 The Nationality Review Panel will issue its decision as soon as reasonably practicable.
However, it does not guarantee that it will issue its decision by any particular date. It is
up to the Member and the Athlete to make any application as far in advance as possibleof the first National Representative Competition in which they want the Athlete torepresent the Member, which should in any event be at least three months prior to thefinal entry date for that competition.
2.20 The Nationality Review Panel will issue its decision in writing, with reasons. The Chief
Executive Officer or their nominee will notify the decision to the Member(s), Area
Association(s), and Athlete concerned, and may also publish the decision (or a summary
thereof) on World Athletics' 's official website and/or in World Athletics' official newsletterand other official publications.
2.21 The Nationality Review Panel may reconsider a final decision:

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2.21.1after it has been issued where it deems it appropriate to do so, e.g., if new
facts or new evidence emerge or are presented by a Member and/or
Athlete following a request for reconsideration pursuant to Regulation 2.23;

2.21.2where an Athlete who is subject to the decision of the Nationality Review
Panel complains to it and /or the Athletics Integrity Unit there has been abreach of these Regulations particularly Regulations 1.2.4 and/or 3.4.6;

2.21.3where either on the Nationality Review Panel’s own volition or following
investigation by Athletics Integrity Unit that there has been a breach ofthese Regulations particularly Regulations 1.2.4 and/or 3.4.6.

Finality
2.22 Unless otherwise specified, the decision issued by the Nationality Review Panel (a) will
come into effect on the date it is issued; and (b) subject always to Regulation 2.20, willbe the full and final disposition of the matter in question on behalf of World Athletics.
2.23 A Member and/or Athlete aggrieved by a final decision issued by the Nationality Review
Panel under these Regulations must request reconsideration of the decision pursuant
to this Regulation 2.23 prior to appealing that decision to the CAS in accordance with
Regulation 4.2 below. No other challenge to the decision may be issued, in any forum.
Where a Member and/or Athlete requests reconsideration then it must be requested inwriting and signed by the Member’s President and/or General Secretary/Chief Executive
Officer or equivalent and the time limit to file an appeal to CAS stated in Regulation 4.2
shall not begin until such time as the Nationality Review Panel has communicated its
written reasons for its reconsideration decision.
3.

Compliance

3.1

As per Regulation 1.5.2, these Regulations are binding on and must be complied withby all Members, Area Associations, Athletes, Athlete Representatives, Member
Federation Officials, and other Applicable Persons.

3.2

Any breach of these Regulations amounts to a breach of the Integrity Code of Conduct
and will accordingly be subject to investigation and prosecution by the Athletics Integrity
Unit under the Athletics Integrity Unit Reporting, Investigation and Prosecution Rules(Non-Doping) and possible enforcement proceedings under the Disciplinary Tribunal
Rules.

3.3

In accordance with Eligibility Rule 3.2, the eligibility of an Athlete under theseRegulations to compete on behalf of a Member in National Representative Competitions
shall at all times be guaranteed by the Member in question. Accordingly, a Member must
always be ready to produce valid, authentic, accurate and complete documentary proofof such eligibility to World Athletics or an Area Association (as applicable) in respect ofeach/any Athlete in any squad or on any team entered by the Member in a National
Representative Competition or nominated by the Member for selection in Other Relevant
Competitions.

3.4

Without limitation, it shall be a breach of these Regulations:

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3.4.1

for an Athlete to represent a Member in a National Representative Competition
who is not eligible to do so under these Regulations;

3.4.2

for a Member to be unable to provide, upon demand, appropriate
documentation demonstrating definitively that an Athlete that has been selected
to represent that Member in a National Representative Competition is eligible
to do so under these Regulations;to enter into a sham arrangement in order to contrive an Athlete's eligibility torepresent a Member in a National Representative Competition;
for a Member Federation Official to accept money or other consideration in
exchange for encouraging or facilitating a transfer of allegiance;

3.4.3
3.4.4
3.4.5

to submit an application, supporting documentation or provide information to
World Athletics under these Regulations that is (a) false; (b) fake; (c)inaccurate; and/or (b) misleadingly incomplete;

3.4.6

for a Member to fail to provide to an Athlete all of the benefits and support
and/or other consideration promised to the Athlete to induce them to transfer
their allegiance to the Member, or otherwise to act in an abusive manner
towards the Athlete;

3.4.7

the promises, offers, incentives, (i.e. payments, other consideration or value inkind or other benefits) to induce the Athlete to transfer, or other rights, privilegesor benefits or principles of human rights associated with the Athlete’s
Citizenship or other legal status referred to in the Second Member’s application
are not being provided, met, upheld or respected; and/or

3.4.8

to fail to comply, in letter and/or in spirit, with any other aspect of theseRegulations. Liability for such breaches is strict, i.e., it is not necessary to showthat the breach was due to fault or negligence of the person, body ororganisation (as referred to at Regulation 3.1) concerned; and nor is a lack of
fault or negligence a defence to a charge of breach. Instead, the degree of fault
or negligence will be relevant to only the sanctions to be applied for suchbreach. Where appropriate, such persons, bodies or organisations (as referred
to at Regulation 3.1) may be considered jointly and severally liable for a breach.

3.5

The Council, the Chief Executive Officer or their nominee, and/or the Chairperson of the
Nationality Review Panel may refer any potential breach of these Regulations forinvestigation by the Athletics Integrity Unit under the Athletics Integrity Unit Reporting,
Investigation and Prosecution Rules (Non-Doping) and possible proceedings for breachpursuant to the Disciplinary Tribunal Rules (or, in relation to Members, pursuant to therelevant provisions of the Eligibility Rules and/or Constitution).

3.6

All persons, bodies or organisations (as referred to at Regulation 3.1) must cooperate
fully with investigations conducted by the Athletics Integrity Unit (and any investigatorappointed by the Athletics Integrity Unit). The following will constitute a violation of theIntegrity Code of Conduct:
3.6.1

Refusing or failing, in either case without compelling justification, to cooperatewith an investigation conducted by the Athletics Integrity Unit, including refusing
or failing to provide accurately, completely and without undue delay any

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information and/or documentation and/or access or assistance as may berequested by the Athletics Integrity Unit (or its designee); and3.6.2

Obstructing or delaying an investigation conducted by the Athletics Integrity
Unit, including concealing, tampering with or destroying any documentation orother information that may be relevant to the investigation.

3.7

All Members must cooperate fully with investigations conducted by the Athletics Integrity
Unit (and any investigator appointed by the Athletics Integrity Unit). If a Member refuses
or fails (in either case without compelling justification) to cooperate with an investigation
conducted by the Athletics Integrity Unit, or obstructs or delays such an investigation, it
shall constitute a serious breach of the Rules which shall be reported to the Chief
Executive Officer (or their nominee) to sanction under World Athletics Rules andRegulations or Council and in respect of which Council may exercise its respective
suspensive powers and other powers under the Constitution to sanction the Member
involved.

3.8

Without prejudice to its other sanctioning powers under the Disciplinary Tribunal Rules,
if an Athlete competes on behalf of a Member in a National Representative Competition
when they are not eligible to do so under these Regulations, the Disciplinary Tribunal
shall disqualify the Athlete from the competition, with all resulting consequences,including forfeiture of all titles, awards, medals, points and prize and appearance money,
and, where an Athlete competed as a member of a relay team, the Disciplinary Tribunal
shall disqualify that relay team from the competition, with all resulting consequences forthe relay team, including the forfeiture of all titles, awards, medals, points and prize andappearance money.

3.9

Any Athlete who wishes to compete on behalf of a Member in National Representative
Competitions agrees (and upon request by World Athletics they will confirm pursuant toRegulation 2.10.9, that they agree):
3.9.1

to comply in full with the Eligibility Rules and these Regulations;

3.9.2

to cooperate promptly and in good faith with the Chief Executive Officer or theirnominee, the Nationality Review Panel and the Athletics Integrity Unit in the
discharge of their respective responsibilities under these Regulations, including
providing them with all of the information and evidence they request (and/or theconsents and/or waivers they need to obtain such information and evidence) inorder to determine their eligibility under these Regulations, and to monitor theircontinuing compliance with the eligibility conditions; and3.9.3

to follow solely and exclusively the procedures set out in Regulation 2 to resolve
any disputes arising in connection with these Regulations and/or to challengethese Regulations or to appeal or challenge decisions made under theseRegulations, and not to bring any proceedings in any court or other forum thatare inconsistent with the requirements of Regulation 4.

3.10 All personal data submitted by Members and Athletes will be processed in accordancewith applicable data protection laws. It is acknowledged and agreed that personal data
is processed by World Athletics for the purposes of administering its competitions,enforcing the Regulations and its Rules and maintaining the integrity of the sport.

4.

Dispute Resolution

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4.1

Any dispute arising between World Athletics and a Member or Athlete or Athlete
Representative, Member Federation Official, or other Applicable Person(s) in connection
with these Regulations will be submitted to arbitration before the CAS, to the exclusionof any other court or forum. In particular, the validity, legality and/or proper interpretation
or application of the Regulations may only be challenged (a) by way of ordinary
proceedings filed before the CAS; and/or (b) as part of an appeal to the CAS madepursuant to Regulation 4.2.

4.2

Final decisions made pursuant to Regulation 2.22 must be subject to a request forreconsideration in accordance with Regulation 2.23. A Member or an Athlete may appeal
a reconsideration made by the Nationality Review Panel under Regulations 2.21 and2.23 to the CAS, , by filing a Statement of Appeal with the CAS and with World Athletics
within thirty days of the date of communication of the written reasons for thereconsideration decision. World Athletics will be the respondent to the appeal.

4.3

The CAS will hear and determine the dispute or appeal definitively in accordance withthe relevant provisions of the CAS Code of Sports-Related Arbitration, provided that inany appeal the Athlete will have fifteen days from the filing of the Statement of Appeal
to file their Appeal Brief, and World Athletics will have thirty days from its receipt of the
Appeal Brief to file its Answer. The law governing the dispute or appeal will be theConstitution and the Rules, with the laws of Monaco applying subsidiarily. In the caseof any conflict between any of the above instruments and the CAS Code then in force,the above instruments will take precedence. The proceedings before the CAS will be
conducted in English, unless the parties agree otherwise. Pending determination of the
dispute or appeal by the CAS, the Regulations under challenge and/or the decision
under appeal (as applicable) will remain in full force and effect unless the CAS orders
otherwise.

4.4

The decision of the CAS determining the dispute or appeal will be final and binding on
all parties. All parties waive irrevocably any right to any form of appeal, review or
recourse by or in any court or judicial authority in respect of such decision, insofar as
such waiver may be validly made.

5.

Costs

5.1

A Member, Area Association, Athlete, Athlete Representative, Member Federation
Official, Area Official and any other Applicable Person shall be responsible for any costs
they incur in complying with these Regulations, in making/commenting on any
application and in cooperating with the Nationality Review Panel in its consideration ofany matter, in implementing any decision, and (subject to any CAS costs-shifting rules)
in relation to any proceedings before the CAS.

5.2

In addition to the processing fee referred to at Regulation 2.9, the Member making anapplication shall pay any costs incurred by the Nationality Review Panel and/or theCouncil in obtaining information or advice from third parties further to Clause 2.15 ofthese Regulations.

5.3

Unless stated otherwise in a decision issued by the Nationality Review Panel, World
Athletics will pay the costs of any ombudsman appointed in accordance with Regulation
2.15.1.

World Athletics Transfer of Allegiance Regulations approved by Council on 13 July 2022 effective from 15 August 2022

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Book C – C3.4

Appendix 1
Extract from the Olympic Charter(in force from 26 June 2019)
Rule 41

Nationality of competitors

1.

Any competitor in the Olympic Games must be a national of the country of the NOC
which is entering such competitor.

2.

All matters relating to the determination of the country which a competitor may
represent in the Olympic Games shall be resolved by the IOC Executive Board.

Bye-law to Rule 41
1.

A competitor who is a national of two or more countries at the same time may represent
either one of them, as he may elect. However, after having represented one country in
the Olympic Games, in continental or regional games or in world or regional
championships recognised by the relevant IF, he may not represent another country
unless he meets the conditions set forth in paragraph 2 below that apply to persons
who have changed their nationality or acquired a new nationality.

2.

A competitor who has represented one country in the Olympic Games, in continental
or regional games or in world or regional championships recognised by the relevant
IF, and who has changed his nationality or acquired a new nationality, may participate
in the Olympic Games to represent his new country provided that at least three years
have passed since the competitor last represented his former country. This period may
be reduced or even cancelled, with the agreement of the NOCs and IF concerned, by
the IOC Executive Board, which takes into account the circumstances of each case.

3.

If an associated State, province or overseas department, a country or colony acquires
independence, if a country becomes incorporated within another country by reason ofa change of border, if a country merges with another country, or if a new NOC is
recognised by the IOC, a competitor may continue to represent the country to which
he belongs or belonged. However, he may, if he prefers, elect to represent his country
or be entered in the Olympic Games by his new NOC if one exists. This particular
choice may be made only once.

4.

Furthermore, in all cases in which a competitor would be eligible to participate in the
Olympic Games, either by representing another country than his or by having the
choice as to the country which such competitor intends to represent, the IOC Executive
Board may take all decisions of a general or individual nature with regard to issues
resulting from nationality, citizenship, domicile or residence of any competitor,
including the duration of any waiting period.

World Athletics Regulations on Eligibility to Represent a Member in National Representative Competitions

13