Kudo International Federation
Anti-Doping RulesthThis revised Kudo International Federation Anti-Doping Rules is effective as of 11 January 2021

TABLE OF CONTENTSINTRODUCTION ................................................................................................................................................. 3
ARTICLE 1

DEFINITION OF DOPING ....................................................................................................... 6

ARTICLE 2

ANTI-DOPING RULE VIOLATIONS ...................................................................................... 6

ARTICLE 3

PROOF OF DOPING ............................................................................................................... 9

ARTICLE 4

THE PROHIBITED LIST ........................................................................................................ 12

ARTICLE 5

TESTING AND INVESTIGATIONS ...................................................................................... 16

ARTICLE 6

ANALYSIS OF SAMPLES .................................................................................................... 19

ARTICLE 7

RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE ANDPROVISIONAL SUSPENSIONS .......................................................................................... 22

ARTICLE 8

RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARINGDECISION ............................................................................................................................... 25

ARTICLE 9

AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ..................................... 28

ARTICLE 10SANCTIONS ON INDIVIDUALS ........................................................................................... 28

ARTICLE 11

CONSEQUENCES TO TEAMS ............................................................................................ 40

ARTICLE 12SANCTIONS BY KIF AGAINST OTHER SPORTING BODIES....................................... 40

ARTICLE 13

RESULTS MANAGEMENT: APPEALS ............................................................................. 41

ARTICLE 14

CONFIDENTIALITY AND REPORTING .............................................................................. 45

ARTICLE 15

IMPLEMENTATION OF DECISIONS ................................................................................... 49

ARTICLE 16

STATUTE OF LIMITATIONS ................................................................................................ 51

ARTICLE 17

EDUCATION .......................................................................................................................... 51

ARTICLE 18

ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ....... 51

ARTICLE 19

ADDITIONAL ROLES AND RESPONSIBILITIES OF KIF................................................. 52

ARTICLE 20

ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ................................... 52

ARTICLE 21

ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORTPERSONNEL ......................................................................................................................... 53

ARTICLE 22

ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO
THESE ANTI-DOPING RULES ............................................................................................ 53

ARTICLE 23

INTERPRETATION OF THE CODE ..................................................................................... 54

ARTICLE 24

FINAL PROVISIONS ............................................................................................................. 54

APPENDIX 1

DEFINITIONS ......................................................................................................................... 57

KIF ANTI-DOPING RULESINTRODUCTION
Preface
These Anti-Doping Rules are adopted and implemented in accordance with Kudo International Federation(“KIF”)'s responsibilities under the Code, and in furtherance of KIF's continuing efforts to eradicate
doping in sport.
These Anti-Doping Rules are sport rules governing the conditions under which sport is played. Aimed at
enforcing anti-doping rules in a global and harmonized manner, they are distinct in nature from criminaland civil laws. They are not intended to be subject to or limited by any national requirements and legal
standards applicable to criminal or civil proceedings, although they are intended to be applied in amanner which respects the principles of proportionality and human rights. When reviewing the facts andthe law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of andrespect the distinct nature of these Anti-Doping Rules, which implement the Code, and the fact that theserules represent the consensus of a broad spectrum of stakeholders around the world as to what isnecessary to protect and ensure fair sport.
As provided in the Code KIF shall be responsible for conducting all aspects of Doping Control. Any
aspect of Doping Control or anti-doping Education may be delegated by KIF to a Delegated Third Party,
such as the International Testing Agency (ITA), however KIF shall require the Delegated Third Party toperform such aspects in compliance with the Code, International Standards, and these Anti-Doping Rules.
KIF may delegate its adjudication responsibilities and Results Management to the CAS Anti-Doping
Division.
When KIF has delegated its responsibilities to implement part or all of Doping Control to the DelegatedThird Party, any reference to KIF in these Rules should be intended as a reference to that DelegatedThird Party, where applicable and within the context of the aforementioned delegation. KIF shall always
remain fully responsible for ensuring that any delegated aspects are performed in compliance with the
Code.
Italicized terms in these Anti-Doping Rules are defined terms in Appendix 1.
Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping Rules.
Fundamental Rationale for the Code and KIF's Anti-Doping Rules
Anti-doping programs are founded on the intrinsic value of sport. This intrinsic value is often referred to as"the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each
Athlete’s natural talents.
Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes topursue human excellence without the Use of Prohibited Substances and Prohibited Methods.
Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, othercompetitors, fair competition, a level playing field, and the value of clean sport to the world.
The spirit of sport is the celebration of the human spirit, body and mind. It is the essence of Olympism andis reflected in the values we find in and through sport, including:
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HealthEthics, fair play and honesty
Athletes’ rights as set forth in the Code
Excellence in performance
Character and Education
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Fun and joy
Teamwork
Dedication and commitment
Respect for rules and laws
Respect for self and other Participants
CourageCommunity and solidarity

The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.
Scope of these Anti-Doping Rules
These Anti-Doping Rules shall apply to:(a) KIF, including its board members, directors, officers and specified employees, and DelegatedThird Parties and their employees, who are involved in any aspect of Doping Control;(b) each of its National Federations, including their board members, directors, officers and specified
employees, and Delegated Third Parties and their employees, who are involved in any aspect of
Doping Control;(c) the following Athletes, Athlete Support Personnel and other Persons:(i) all Athletes and Athlete Support Personnel who are members of KIF, or of any National
Federation, or of any member or affiliate organization of any National Federation(including any clubs, teams, associations, or leagues);(ii) all Athletes and Athlete Support Personnel who participate in such capacity in Events,
Competitions and other activities organized, convened, authorized or recognized by KIF,
or any National Federation, or by any member or affiliate organization of any National
Federation (including any clubs, teams, associations, or leagues), wherever held;(iii) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an
accreditation, a license or other contractual arrangement, or otherwise, is subject to theauthority of KIF, or of any National Federation, or of any member or affiliate organizationof any National Federation (including any clubs, teams, associations, or leagues), forpurposes of anti-doping;(iv) Athletes who are not regular members of KIF or of one of its National Federations but
who want to be eligible to compete in a particular International Event.
Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvementin the sport, to have agreed to and be bound by these Anti-Doping Rules, and to have submitted to theauthority of KIF to enforce these Anti-Doping Rules, including any Consequences for the breach thereof,
and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine
1cases and appeals brought under these Anti-Doping Rules.

1[Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such
Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti-doping ruleviolation under the Code for Use or Possession of a Prohibited Substance or Prohibited Method. Rather, such Person would
only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9(Complicity), 2.10 (Prohibited Association) and 2.11 (Retaliation). Furthermore, such Person would be subject to the additionalroles and responsibilities according to Code Article 21.3. Also, the obligation to require an employee to be bound by the Code issubject to applicable law.
KIF shall ensure that, as per Article 19 of these Anti-Doping Rules, any arrangements with their board members, directors,
officers, and specified employees, as well as with the Delegated Third Parties and their employees – either employment,4

Within the overall pool of Athletes set out above who are bound by and required to comply with theseAnti-Doping Rules, the following Athletes shall be considered to be International-Level Athletes for the
purposes of these Anti-Doping Rules, and, therefore, the specific provisions in these Anti-Doping Rules
applicable to International-Level Athletes (e.g., Testing, TUEs, whereabouts, and Results Management)
shall apply to such Athletes:
Athletes who compete in World Kudo Championships hosted by KIF or Kudo World Cup hosted by
National Federations.

ARTICLE 1

DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article
2.1 through Article 2.11 of these Anti-Doping Rules.
ARTICLE 2

ANTI-DOPING RULE VIOLATIONS

contractual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree to comply
with these Anti-Doping Rules, and agree on KIF’s authority to solve anti-doping cases.]
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The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping ruleviolations. Hearings in doping cases will proceed based on the assertion that one or more of these
specific rules have been violated.
Athletes or other Persons shall be responsible for knowing what constitutes an anti-doping rule violationand 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
Sample2.1.1

It is the Athletes’ personal duty to ensure that no Prohibited Substance enterstheir bodies. Athletes are responsible for any Prohibited Substance or its
Metabolites or Markers found to be present in their Samples. Accordingly, it is
not necessary that intent, Fault, Negligence or knowing Use on the Athlete’s
part be demonstrated in order to establish an anti-doping rule violation under2
Article 2.1.

2.1.2

Sufficient proof of an anti-doping rule violation under Article 2.1 is establishedby any of the following: presence of a Prohibited Substance or its Metabolites
or Markers in the Athlete’s A Sample where the Athlete waives analysis of the
B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample
is analyzed and the analysis of the Athlete’s B Sample confirms the presenceof the Prohibited Substance or its Metabolites or Markers found in the Athlete’s
A Sample; or where the Athlete’s A or B Sample is split into two (2) parts andthe analysis of the confirmation part of the split Sample confirms the presenceof the Prohibited Substance or its Metabolites or Markers found in the first partof the split Sample or the Athlete waives analysis of the confirmation part of the3
split Sample.

2.1.3

Excepting those substances for which a Decision Limit is specifically identified
in the Prohibited List or a Technical Document, the presence of any reported
quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s
Sample shall constitute an anti-doping rule violation.

2.1.4

2.2

2

3

4

As an exception to the general rule of Article 2.1, the Prohibited List,
International Standards or Technical Documents may establish special criteria
for reporting or the evaluation of certain Prohibited Substances.
Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited
4
Method[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 in various 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.][Comment to Article 2.1.2: The Anti-Doping Organization with Results Management responsibility may, at its discretion, choose
to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.][Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method
may be established by any reliable means. As noted in the Comment to Article 3.2, unlike the proof required to establish an antidoping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such asadmissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including
data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all therequirements to establish “Presence” of a Prohibited Substance under Article 2.1.]

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2.3

2.2.1

It is the Athletes’ personal duty to ensure that no Prohibited Substance enterstheir bodies and that no Prohibited Method is Used. Accordingly, it is notnecessary that intent, Fault, Negligence or knowing Use on the Athlete’s part
be demonstrated in order to establish an anti-doping rule violation for Use of a
Prohibited Substance or a Prohibited Method.

2.2.2

The success or failure of the Use or Attempted Use of a Prohibited Substanceor Prohibited Method is not material. It is sufficient that the Prohibited
Substance or Prohibited Method was Used or Attempted to be Used for an5anti-doping rule violation to be committed.

Evading, Refusing or Failing to Submit to Sample Collection by an Athlete

Evading Sample collection; or refusing or failing to submit to Sample collection without compelling6
justification after notification by a duly authorized Person.
2.4

Whereabouts Failures by an Athlete

Any combination of three (3) missed tests and/or filing failures, as defined in the International
Standard for Results Management, within a twelve-month period by an Athlete in a Registered
Testing Pool.
2.5

Tampering or Attempted Tampering with any Part of Doping Control by an Athlete
or Other Person

2.6

Possession of a Prohibited Substance or a Prohibited Method by an Athlete or
Athlete Support Person
2.6.1

Possession by an Athlete In-Competition of any Prohibited Substance or any
Prohibited Method, or Possession by an Athlete Out-of-Competition of any
Prohibited Substance or any Prohibited Method which is prohibited Out-ofCompetition unless the Athlete establishes that the Possession is consistent witha Therapeutic Use Exemption (“TUE”) granted in accordance with Article 4.4 orother 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

For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without
confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti-Doping Organization
provides a satisfactory explanation for the lack of confirmation in the other Sample.]5[Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proofof intent on the Athlete’s part. The fact that intent may be required to prove this particular anti-doping rule violation does notundermine 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 Outof-Competition and the Athlete’s Use takes place Out-of-Competition. (However, the presence of a Prohibited Substance or its
Metabolites or Markers in a Sample collected In-Competition is a violation of Article 2.1 regardless of when that Substance might
have been administered.)]

6[Comment to Article 2.3: For example, it would be an anti-doping rule violation of “evading Sample collection” if it were
established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing. A violation of“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.]

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Method which is prohibited Out-of-Competition in connection with an Athlete,Competition or training, unless the Athlete Support Person establishes that the
Possession is consistent with a TUE granted to an Athlete in accordance with
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Article 4.4 or other acceptable justification.
2.7

Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited
Method by an Athlete or Other Person

2.8Administration or Attempted Administration by an Athlete or Other Person 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-ofCompetition

2.9

Complicity or Attempted Complicity by an Athlete or Other Person

Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional
complicity or Attempted complicity involving an anti-doping rule violation, Attempted anti-doping
8
rule violation or violation of Article 10.14.1 by another Person.
2.10

Prohibited Association by an Athlete or Other Person
2.10.1

2.10.2

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Association by an Athlete or other Person subject to the authority of an AntiDoping Organization in a professional or sport-related capacity with any Athlete
Support Person who:
2.10.1.1

If subject to the authority of an Anti-Doping Organization, is serving aperiod of Ineligibility; or

2.10.1.2

If not subject to the authority of an Anti-Doping Organization 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 to have engaged in conduct
which would have constituted a violation of anti-doping rules if Codecompliant rules had been applicable to such Person. The disqualifying
status of such Person shall be in force for the longer of six (6) years
from the criminal, professional or disciplinary decision or the duration of
the criminal, disciplinary or professional sanction imposed; or

2.10.1.3

Is serving as a front or intermediary for an individual described in Article
2.10.1.1 or 2.10.1.2.

To establish a violation of Article 2.10, an Anti-Doping Organization must establishthat the Athlete or other Person knew of the Athlete Support Person’s
disqualifying status.

[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 2.6.1 and 2.6.2: Acceptable justification may include, for example, (a) an Athlete or a team doctor carrying
Prohibited Substances or Prohibited Methods for dealing with acute and emergency situations (e.g., an epinephrine autoinjector), or (b) an Athlete Possessing a Prohibited Substance or Prohibited Method for therapeutic reasons shortly prior toapplying for and receiving a determination on a TUE.]

8[Comment to Article 2.9: Complicity or Attempted Complicity may include either physical or psychological assistance.]
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The burden shall be on the Athlete or other Person to establish that any
association with an Athlete Support Person described in Article 2.10.1.1 or
2.10.1.2 is not in a professional or sport-related capacity and/or that such
association could not have been reasonably avoided.
Anti-Doping Organizations that are aware of Athlete Support Personnel who meetthe criteria described in Article 2.10.1.1, 2.10.1.2, or 2.10.1.3 shall submit that
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information to WADA.
2.11

Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting toAuthorities

Where such conduct does not otherwise constitute a violation of Article 2.5:
2.11.1

Any act which threatens or seeks to intimidate another Person with the intent of
discouraging the Person from the good-faith reporting of information that
relates to an alleged anti-doping rule violation or alleged non-compliance with
the Code to WADA, an Anti-Doping Organization, law enforcement, regulatory
or professional disciplinary body, hearing body or Person conducting an
investigation for WADA or an Anti-Doping Organization.

2.11.2Retaliation against a Person who, in good faith, has provided evidence orinformation that relates to an alleged anti-doping rule violation or alleged noncompliance with the Code to WADA, an Anti-Doping Organization, law
enforcement, regulatory or professional disciplinary body, hearing body or
Person conducting an investigation for WADA or an Anti-Doping Organization.
For purposes of Article 2.11, retaliation, threatening and intimidation include an
act taken against such Person either because the act lacks a good faith basis
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or is a disproportionate response.

ARTICLE 3
3.1

PROOF OF DOPING
Burdens and Standards of Proof

KIF shall have the burden of establishing that an anti-doping rule violation has occurred. The
standard of proof shall be whether KIF has established an anti-doping rule violation to the
comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation
9[Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete Support
Personnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or professionallydisciplined in relation to doping. This also prohibits association with any other Athlete who is acting as a coach or Athlete
Support Person while serving a period of Ineligibility. Some examples of the types of association 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.
While Article 2.10 does not require the Anti-Doping Organization to notify the Athlete or other Person about the Athlete Support
Person’s disqualifying status, such notice, if provided, would be important evidence to establish that the Athlete or other Person
knew about the disqualifying status of the Athlete Support Person.]

10[Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protect
Persons who knowingly make false reports.][Comment to Article 2.11.2: Retaliation would include, for example, actions that threaten the physical or mental well-being or
economic interests of the reporting Persons, their families or associates. Retaliation would not include an Anti-Doping
Organization asserting in good faith an anti-doping rule violation against the reporting Person. For purposes of Article 2.11, areport is not made in good faith where the Person making the report knows the report to be false.]

9which is made. This standard of proof in all cases is greater than a mere balance of probability
but less than proof beyond a reasonable doubt. Where these Anti-Doping Rules place the burdenof proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation
to rebut a presumption or establish specified facts or circumstances, except as provided in
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Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of probability.
3.2

Methods of Establishing Facts and Presumptions

Facts related to anti-doping rule violations may be established by any reliable means, including
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admissions. The following rules of proof shall be applicable in doping cases:
3.2.1

Analytical methods or Decision Limits approved by WADA after consultation
within the relevant scientific community or which have been the subject of peer
review are presumed to be scientifically valid. Any Athlete or other Person
seeking to challenge whether the conditions for such presumption have been
met or 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. The initial hearing body, appellate body or CAS, on its
own initiative, may also inform WADA of any such challenge. Within ten (10)days of WADA’s receipt of such notice and the case file related to suchchallenge, WADA shall also have the right to intervene as a party, appear as
amicus curiae or otherwise provide evidence in such proceeding. In cases
before CAS, at WADA’s request, the CAS panel shall appoint an appropriate
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scientific expert to assist the panel in its evaluation of the challenge.

3.2.2

WADA-accredited laboratories, and other laboratories approved by WADA, arepresumed to have conducted Sample analysis and custodial procedures inaccordance with the International Standard for Laboratories. The Athlete orother Person may rebut this presumption by establishing that a departure fromthe International Standard for Laboratories occurred which could reasonably
have caused the Adverse Analytical Finding.
If the Athlete or other Person rebuts the preceding presumption by showingthat a departure from the International Standard for Laboratories occurred
which could reasonably have caused the Adverse Analytical Finding, then KIF
shall have the burden to establish that such departure did not cause the14
Adverse Analytical Finding.

11[Comment to Article 3.1: This standard of proof required to be met by KIF’s comparable to the standard which is applied in mostcountries to cases involving professional misconduct.]12[Comment to Article 3.2: For example, KIF may establish an anti-doping rule violation under Article 2.2 based on the Athlete’s
admissions, the credible testimony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B
Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athlete’s blood orurine Samples, such as data from the Athlete Biological Passport.]

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14[Comment to Article 3.2.1: For certain Prohibited Substances, WADA may instruct WADA-accredited laboratories not to report
Samples as an Adverse Analytical Finding if the estimated concentration of the Prohibited Substance or its Metabolites orMarkers is below a Minimum Reporting Level. WADA’s decision in determining that Minimum Reporting Level or in determining
which Prohibited Substances should be subject to Minimum Reporting Levels shall not be subject to challenge. Further, thelaboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. In no event shall thepossibility that the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level
constitute a defense to an anti-doping rule violation based on the presence of that Prohibited Substance in the Sample.][Comment to Article 3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departurefrom the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. Thus, once
the Athlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on
causation is the somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies
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3.2.3

Departures from any other International Standard or other anti-doping rule orpolicy set forth in the Code or these Anti-Doping Rules shall not invalidate
analytical results or other evidence of an anti-doping rule violation, and shall15
not constitute a defense to an anti-doping rule violation; provided, however, if
the Athlete or other Person establishes that a departure from one of thespecific International Standard provisions listed below could reasonably havecaused an anti-doping rule violation based on an Adverse Analytical Finding or
whereabouts failure, then KIF shall have the burden to establish that suchdeparture did not cause the Adverse Analytical Finding or the whereabouts
failure:(i) a departure from the International Standard for Testing andInvestigations related to Sample collection or Sample handlingwhich could reasonably have caused an anti-doping rule violation
based on an Adverse Analytical Finding, in which case KIF shallhave the burden to establish that such departure did not cause theAdverse Analytical Finding;(ii) a departure from the International Standard for Results
Management or International Standard for Testing andInvestigations related to an Adverse Passport Finding which could
reasonably have caused an anti-doping rule violation, in which case
KIF shall have the burden to establish that such departure did notcause the anti-doping rule violation;(iii) a departure from the International Standard for Results
Management related to the requirement to provide notice to the
Athlete of the B Sample opening which could reasonably havecaused an anti-doping rule violation based on an Adverse Analytical
Finding, in which case KIF shall have the burden to establish that16such departure did not cause the Adverse Analytical Finding;
(iv)

3.2.4

a departure from the International Standard for Results
Management related to Athlete notification which could reasonably
have caused an anti-doping rule violation based on a whereabouts
failure, in which case KIF shall have the burden to establish thatsuch departure did not cause the whereabouts failure.

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 thethese standards, the burden shifts to KIF to prove to the comfortable satisfaction of the hearing panel that the departure did notcause the Adverse Analytical Finding.]
15

16[Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handling,
Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., the International
Standard for Education, International Standard for the Protection of Privacy and Personal Information or International Standard
for Therapeutic Use Exemptions – may result in compliance proceedings by WADA but are not a defense in an anti-doping ruleviolation proceeding and are not relevant on the issue of whether the Athlete committed an anti-doping rule violation. Similarly,
KIF’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti-doping ruleviolation.][Comment to Article 3.2.3 (iii):KIF would meet its burden to establish that such departure did not cause the Adverse Analytical
Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and noirregularities were observed.]11

decision pertained of those facts unless the Athlete or other Person establishes
that the decision violated principles of natural justice.
3.2.5

ARTICLE 4
4.1

The hearing panel in a hearing on an anti-doping rule violation may draw aninference adverse to the Athlete or other Person who is asserted to havecommitted an anti-doping rule violation based on the Athlete’s or other
Person’s refusal, after a request made in a reasonable time in advance of thehearing, to appear at the hearing (either in person or telephonically as directedby the hearing panel) and to answer questions from the hearing panel or KIF.

THE PROHIBITED LIST
Incorporation of the Prohibited List

These Anti-Doping Rules incorporate the Prohibited List, which is published and revised by
WADA as described in Article 4.1 of the Code.
Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions
shall go into effect under these Anti-Doping Rules three (3) months after publication by WADA,
without requiring any further action by KIF or its National Federations. All Athletes and other
Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go
into effect, without further formality. It is the responsibility of all Athletes and other Persons tofamiliarize themselves with the most up-to-date version of the Prohibited List and all revisions
thereto.
KIF shall provide its National Federations with the most recent version of the Prohibited List. Each
National Federation shall in turn ensure that its members, and the constituents of its members,
17
are also provided with the most recent version of the Prohibited List.
4.2

Prohibited Substances and Prohibited Methods Identified on the Prohibited List
4.2.1

Prohibited Substances and Prohibited Methods

The Prohibited List shall identify those Prohibited Substances and Prohibited Methods
which are prohibited as doping at all times (both In-Competition and Out-of-Competition)
because of their potential to enhance performance in future Competitions or theirmasking potential, and those substances and methods which are prohibited InCompetition only. The Prohibited List may be expanded by WADA for a particular sport.
Prohibited Substances and Prohibited Methods may be included in the Prohibited List by
general category (e.g., anabolic agents) or by specific reference to a particular substance18
or method.
4.2.2

Specified Substances or Specified Methods

For purposes of the application of Article 10, all Prohibited Substances shall be Specified
Substances except as identified on the Prohibited List. No Prohibited Method shall be a17

18[Comment to Article 4.1: The current Prohibited List is available on WADA's website at https://www.wada-ama.org. The
Prohibited List will be revised and published on an expedited basis whenever the need arises. However, for the sake ofpredictability, a new Prohibited List will be published every year whether or not changes have been made.][Comment to Article 4.2.1: Out-of-Competition Use of a Substance which is only prohibited In-Competition is not an anti-doping
rule violation unless an Adverse Analytical Finding for the Substance or its Metabolites or Markers is reported for a Sample
collected In-Competition.]

12

Specified Method unless it is specifically identified as a Specified Method on the Prohibited
19
List.
4.2.3

Substances of Abuse

For purposes of applying Article 10, Substances of Abuse shall include those Prohibited
Substances which are specifically identified as Substances of Abuse on the Prohibited
List because they are frequently abused in society outside of the context of sport.
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 of substances into categories on the Prohibited List, theclassification of a substance as prohibited at all times or In-Competition only, the classification of
a substance or method as a Specified Substance, Specified Method or Substance of Abuse is
final and shall not be subject to any challenge by an Athlete or other Person including, but notlimited to, any challenge based on an argument that the substance or method was not a masking
agent or did not have the potential to enhance performance, represent a health risk or violate thespirit of sport.
4.4

Therapeutic Use Exemptions (“TUEs”)
4.4.1

The presence of a Prohibited Substance or its Metabolites or Markers, and/or
the Use or Attempted Use, Possession or Administration or Attempted
Administration of a Prohibited Substance or Prohibited Method, shall not be
considered an anti-doping rule violation if it is consistent with the provisions ofa TUE granted in accordance with the International Standard for Therapeutic
Use Exemptions.

4.4.2

TUE Applications

4.4.3

4.4.2.1

Athletes who are not International-Level Athletes shall apply to their
National Anti-Doping Organization for a TUE. If the National AntiDoping Organization denies the application, the Athlete may appeal
exclusively to the appellate body described in Article 13.2.2.

4.4.2.2

Athletes who are International-Level Athletes shall apply to KIF.

TUE Recognition
4.4.3.1

19

20

20

Where the Athlete already has a TUE granted by their National AntiDoping Organization pursuant to Article 4.4 of the Code for thesubstance or method in question, and provided that such TUE has
been reported in accordance with Article 5.5 of the International[Comment to Article 4.2.2: The Specified Substances and Specified Methods identified in Article 4.2.2 should not in any way beconsidered less important or less dangerous than other doping Substances or methods. Rather, they are simply Substances andMethods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport
performance.][Comment to Article 4.4.3: If KIF refuses to recognize a TUE granted by a National Anti-Doping Organization only because
medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International
Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. Instead, the file should be completed
and re-submitted to KIF.][Comment to Article 4.4.3: KIF may agree with a National Anti-Doping Organization that the National Anti-Doping Organization
will consider TUE applications on behalf of KIF.]

13

Standard for Therapeutic Use Exemptions, KIF will automaticallyrecognize it for purposes of international-level Competition without
the need to review the relevant clinical information.
4.4.3.2

4.4.4

21

If KIF chooses to test an Athlete who is not an International-Level
Athlete, KIF must recognize a TUE granted to that Athlete by their
National Anti-Doping Organization unless the Athlete is required toapply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of
the International Standard for Therapeutic Use Exemptions.

TUE Application Process

21

4.4.4.1

If the Athlete does not already have a TUE granted by their National
Anti-Doping Organization for the substance or method in question,
the Athlete must apply directly to KIF.

4.4.4.2

An application to KIF for grant or recognition of a TUE must be madeas soon as possible, save where Articles 4.1 or 4.3 of theInternational Standard for Therapeutic Use Exemptions apply. The
application shall be made in accordance with Article 6 of theInternational Standard for Therapeutic Use Exemptions as posted on
KIF’s website.

4.4.4.3

KIF shall establish a panel (Therapeutic Use Exemption Committee(“TUEC”)) to consider applications for the grant or recognition of
TUEs.

4.4.4.4

The TUEC shall promptly evaluate and decide upon the applicationin accordance with the relevant provisions of the International
Standard for Therapeutic Use Exemptions and usually (i.e., unlessexceptional circumstances apply) within no more than twenty-one(21) days of receipt of a complete application. Where the application
is made in a reasonable time prior to an Event, the TUEC must use
its best endeavors to issue its decision before the start of the Event.

4.4.4.5

The TUEC decision shall be the final decision of KIF and may be
appealed in accordance with Article 4.4.7. KIF TUEC decision shallbe notified in writing to the Athlete, and to WADA and other AntiDoping Organizations in accordance with the International Standard
for Therapeutic Use Exemptions. It shall also promptly be reported
into ADAMS.

4.4.4.6

If KIF (or the National Anti-Doping Organization, where it has agreed
to consider the application on behalf of KIF) denies the Athlete’s
application, it must notify the Athlete promptly, with reasons. If KIF
grants the Athlete’s application, it must notify not only the Athlete but
also their National Anti-Doping Organization. If the National AntiDoping Organization considers that the TUE granted by KIF does not[Comment to Article 4.4.4: The submission of falsified documents to a TUEC or KIF, offering or accepting a bribe to a Person to
perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any othersimilar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge ofTampering or Attempted Tampering under Article 2.5.
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted.
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been
granted is entirely at the Athlete’s own risk.]
14

meet the criteria set out in the International Standard for Therapeutic
Use Exemptions, it has twenty-one (21) days from such notification
to refer the matter to WADA for review in accordance with Article
4.4.7.
If the National Anti-Doping Organization refers the matter to WADA
for review, the TUE granted by KIF remains valid for internationallevel Competition and Out-of-Competition Testing (but is not valid fornational-level Competition) pending WADA’s decision. If the National
Anti-Doping Organization does not refer the matter to WADA for
review, the TUE granted by KIF becomes valid for national-level
Competition as well when the twenty-one (21) day review deadline
expires.
4.4.5

Retroactive TUE Applications

If KIF chooses to collect a Sample from an Athlete who is not an International-Level
Athlete or a National-Level Athlete, and that Athlete is Using a Prohibited Substance or
Prohibited Method for therapeutic reasons, KIF must permit that Athlete to apply for a
retroactive TUE.
4.4.6

4.4.7

Expiration, Withdrawal or Reversal of a TUE
4.4.6.1

A TUE granted pursuant to these Anti-Doping Rules: (a) shall expire
automatically at the end of any term for which it was granted, without
the need for any further notice or other formality; (b) will bewithdrawn if the Athlete does not promptly comply with any
requirements or conditions imposed by the TUEC upon grant of the
TUE; (c) may be withdrawn by the TUEC if it is subsequently
determined that the criteria for grant of a TUE are not in fact met; or(d) may be reversed on review by WADA or on appeal.

4.4.6.2

In such event, the Athlete shall not be subject to any Consequences
based on their Use or Possession or Administration of the Prohibited
Substance or Prohibited Method in question in accordance with the
TUE prior to the effective date of expiry, withdrawal, or reversal of
the TUE. The review pursuant to Article 5.1.1.1 of the International
Standard for Results Management of an Adverse Analytical Finding,reported shortly after the TUE expiry, withdrawal or reversal, shall
include consideration of whether such finding is consistent with Useof the Prohibited Substance or Prohibited Method prior to that date,
in which event no anti-doping rule violation shall be asserted.

Reviews and Appeals of TUE Decisions
4.4.7.1

WADA must review KIF’s decision not to recognize a TUE grantedby the National Anti-Doping Organization that is referred to WADA by
the Athlete or the Athlete’s National Anti-Doping Organization. In
addition, WADA must review KIF’s decision to grant a TUE that isreferred to WADA by the Athlete’s National Anti-Doping Organization.
WADA may review any other TUE decisions at any time, whether
upon request by those affected or on its own initiative. If the TUE
decision being reviewed meets the criteria set out in the International
Standard for Therapeutic Use Exemptions, WADA will not interfere

15with it. If the TUE decision does not meet those criteria, WADA will22
reverse it.

ARTICLE 5
5.1

5.2

22

23

24

25

4.4.7.2

Any TUE decision by KIF (or by a National Anti-Doping Organization
where it has agreed to consider the application on behalf of KIF) thatis not reviewed by WADA, or that is reviewed by WADA but is notreversed upon review, may be appealed by the Athlete and/or the23
Athlete’s National Anti-Doping Organization, exclusively to CAS.

4.4.7.3

A decision by WADA to reverse a TUE decision may be appealed by
the Athlete, the National Anti-Doping Organization and/or KIF,
exclusively to CAS.

4.4.7.4

A failure to render a decision within a reasonable time on a properly
submitted application for grant/recognition of a TUE or for review of a
TUE decision shall be considered a denial of the application thus
triggering the applicable rights of review/appeal.

TESTING AND INVESTIGATIONS
24

Purpose of Testing and Investigations
5.1.1

Testing and investigations may be undertaken for any anti-doping purpose.
They shall be conducted in conformity with the provisions of the International
Standard for Testing and Investigations.

5.1.2

Testing shall be undertaken to obtain analytical evidence as to whether the
Athlete has violated Article 2.1 (Presence of a Prohibited Substance or its
Metabolites or Markers in an Athlete’s Sample) or Article 2.2 (Use or Attempted
Use by an Athlete of a Prohibited Substance or a Prohibited Method).

Authority to Test
5.2.1

Subject to the limitations for Event Testing set out in Article 5.3, KIF shall have
In-Competition and Out-of-Competition Testing authority over all Athletes
specified in the Introduction to these Anti-Doping Rules (Section “Scope ofthese Anti-Doping Rules”).

5.2.2

KIF 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 at25
any place.

[Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct
in accordance with Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.][Comment to Article 4.4.7.2: In such cases, the decision being appealed is the KIF’s TUE decision, not WADA’s decision not toreview the TUE decision or (having reviewed it) not to reverse the TUE decision. However, the time to appeal the TUE decision
does not begin to run until the date that WADA communicates its decision. In any event, whether the decision has beenreviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.][Comment to Article 5.1: Where Testing is conducted for anti-doping purposes, the analytical results and data may be used forother legitimate purposes under the Anti-Doping Organization’s rules. See, e.g., Comment to Article 23.2.2 of the Code.][Comment to Article 5.2.2: KIF may obtain additional authority to conduct Testing by means of bilateral or multilateralagreements with other Signatories. Unless the Athlete has identified a sixty-minute Testing window between the hours of 11:00
p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, KIF will not test an Athlete during that period
unless it has a serious and specific suspicion that the Athlete may be engaged in doping. A challenge to whether KIF had
sufficient suspicion for Testing during this time period shall not be a defense to an anti-doping rule violation based on such test
or attempted test.]
16

5.3

5.4

5.2.3

WADA shall have In-Competition and Out-of-Competition Testing authority as
set out in Article 20.7.10 of the Code.

5.2.4

If KIF delegates or contracts any part of Testing to a National Anti-Doping
Organization directly or through a National Federation, that National AntiDoping Organization may collect additional Samples or direct the laboratory to
perform additional types of analysis at the National Anti-Doping Organization’s
expense. If additional Samples are collected or additional types of analysis are
performed, KIF shall be notified.

Event Testing
5.3.1

Except as otherwise provided below, only a single organization shall haveauthority to conduct Testing at Event Venues during an Event Period. At
International Events, KIF (or other international organization which is the rulingbody for an Event) shall have authority to conduct Testing. At National Events,
the National Anti-Doping Organization of that country shall have authority to
conduct Testing. At the request of KIF (or other international organization
which is the ruling body for an Event), any Testing during the Event Period
outside of the Event Venues shall be coordinated with KIF (or the relevant
ruling body of the Event).

5.3.2

If an Anti-Doping Organization, which would otherwise have Testing authority
but is not responsible for initiating and directing Testing at an Event, desires to
conduct Testing of Athletes at the Event Venues during the Event Period, theAnti-Doping Organization shall first confer with KIF (or other internationalorganization which is the ruling body of the Event) to obtain permission to
conduct and coordinate such Testing. If the Anti-Doping Organization is notsatisfied with the response from KIF (or other international organization whichis the ruling body of the Event), the Anti-Doping Organization may, in
accordance with the procedures described in the International Standard for
Testing and Investigations, ask WADA for permission to conduct Testing and to
determine how to coordinate such Testing. WADA shall not grant approval forsuch Testing before consulting with and informing KIF (or other internationalorganization which is the ruling body for the Event). WADA’s decision shall befinal and not subject to appeal. Unless otherwise provided in the authorization
to conduct Testing, such tests shall be considered Out-of-Competition tests.
Results Management for any such test shall be the responsibility of the AntiDoping Organization initiating the test unless provided otherwise in the rules of26
the ruling body of the Event.

Testing Requirements
5.4.1

26

KIF shall conduct test distribution planning and Testing as required by theInternational Standard for Testing and Investigations.

[Comment to Article 5.3.2: Before giving approval to a National Anti-Doping Organization to initiate and conduct Testing at an
International Event, WADA shall consult with the international organization which is the ruling body for the Event. Before giving
approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with the National
Anti-Doping Organization of the country where the Event takes place. The Anti-Doping Organization “initiating and directing
Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample
collection or other aspects of the Doping Control process.]17

5.4.2

5.5

Where reasonably feasible, Testing shall be coordinated through ADAMS in orderto maximize the effectiveness of the combined Testing effort and to avoid
unnecessary repetitive Testing.

Athlete Whereabouts Information
5.5.1

KIF has established a Registered Testing Pool of those Athletes who are
required to provide whereabouts information in the manner specified in theInternational Standard for Testing and Investigations and who shall be subject
to Consequences for Article 2.4 violations as provided in Article 10.3.2. KIF
shall coordinate with National Anti-Doping Organizations to identify such
Athletes and to collect their whereabouts information.

5.5.2

KIF shall make available through ADAMS a list which identifies those Athletes
included in its Registered Testing Pool by name. KIF shall regularly review andupdate as necessary its criteria for including Athletes in its Registered Testing
Pool, and shall periodically (but not less than quarterly) review the list of
Athletes in its Registered Testing Pool to ensure that each listed Athlete
continues to meet the relevant criteria. Athletes shall be notified before they areincluded in the Registered Testing Pool and when they are removed from thatpool. The notification shall contain the information set out in the International
Standard for Testing and Investigations.

5.5.3

Where an Athlete is included in an international Registered Testing Pool by KIF
and in a national Registered Testing Pool by their National Anti-Doping
Organization, the National Anti-Doping Organization and KIF 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 tomore than one of them.

5.5.4

In accordance with the International Standard for Testing and Investigations,each Athlete in the Registered Testing Pool shall do the following: (a) advise
KIF of his/her whereabouts on a quarterly basis; (b) update that information asnecessary so that it remains accurate and complete at all times; and (c) makehimself or herself available for Testing at such whereabouts.

5.5.5

For purposes of Article 2.4, an Athlete’s failure to comply with the requirementsof the International Standard for Testing and Investigations shall be deemed afiling failure or a missed test, as defined in Annex B of the International
Standard for Results Management, where the conditions set forth in Annex B
are met.

5.5.6

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

5.5.7

Whereabouts information provided by an Athlete while in the Registered
Testing Pool will be accessible through ADAMS to WADA and to other AntiDoping Organizations having authority to test that Athlete as provided in Article
5.2. Whereabouts information shall be maintained in strict confidence at all
times; it shall be used exclusively for purposes of planning, coordinating or
conducting Doping Control, providing information relevant to the Athlete
Biological Passport or other analytical results, to support an investigation into a
potential anti-doping rule violation, or to support proceedings alleging an anti18

doping rule violation; and shall be destroyed after it is no longer relevant forthese purposes in accordance with the International Standard for the Protectionof Privacy and Personal Information.
5.5.8

5.6

KIF may, in accordance with the International Standard for Testing andInvestigations, collect whereabouts information from Athletes who are notincluded within a Registered Testing Pool. If it chooses to do so, an Athlete’s
failure to provide requested whereabouts information on or before the daterequired by KIF or the Athlete’s failure to provide accurate whereabouts
information shall result in KIF elevating the Athlete to KIF’s Registered Testing
Pool.

Retired Athletes Returning to Competition
5.6.1

If an International-Level Athlete or National-Level Athlete in KIF’s Registered
Testing Pool retires and then wishes to return to active participation in sport,
the Athlete shall not compete in International Events or National Events until
the Athlete has made himself or herself available for Testing, by giving sixmonths prior written notice to KIF and their National Anti-Doping Organization.
WADA, in consultation with KIF and the Athlete's National Anti-Doping
Organization, may grant an exemption to the six-month written notice rule
where the strict application of that rule would be unfair to the Athlete. Thisdecision may be appealed under Article 13.
Any competitive results obtained in violation of this Article 5.6.1 shall be
Disqualified unless the Athlete can establish that he or she could not havereasonably known that this was an International Event or a National Event.

5.6.2

5.7

If an Athlete retires from sport while subject to a period of Ineligibility, theAthlete must notify the Anti-Doping Organization that imposed the period of
Ineligibility in writing of such retirement. If the Athlete then wishes to return toactive competition in sport, the Athlete shall not compete in International
Events or National Events until the Athlete has made himself or herself
available for Testing by giving six-month prior written notice (or noticeequivalent to the period of Ineligibility remaining as of the date the Athlete
retired, if that period was longer than six (6) months) to KIF and to their
National Anti-Doping Organization.

Independent Observer Program

KIF and the organizing committees for KIF’s Events, as well as the National Federations and theorganizing committees for National Events, shall authorize and facilitate the Independent
Observer Program at such Events.
ARTICLE 6

ANALYSIS OF SAMPLES

Samples shall be analyzed in accordance with the following principles:
6.1

Use of Accredited, Approved Laboratories and Other Laboratories
6.1.1

For purposes of directly establishing an Adverse Analytical Finding under
Article 2.1, Samples shall be analyzed only in WADA-accredited laboratories orlaboratories otherwise approved by WADA. The choice of the WADA-

19

accredited or WADA-approved laboratory used for the Sample analysis shall27
be determined exclusively by KIF.
6.1.2

6.2

As provided in Article 3.2, facts related to anti-doping rule violations may beestablished by any reliable means. This would include, for example, reliable
laboratory or other forensic testing conducted outside of WADA-accredited orapproved laboratories.

Purpose of Analysis of Samples and Data

Samples and related analytical data or Doping Control information shall be analyzed to detect
Prohibited Substances and Prohibited Methods identified on the Prohibited List and othersubstances as may be directed by WADA pursuant to the monitoring program described in Article
4.5 of the Code, or to assist KIF in profiling relevant parameters in an Athlete’s urine, blood orother matrix, including for DNA or genomic profiling, or for any other legitimate anti-doping
28
purpose.
6.3

Research on Samples and Data

Samples, related analytical data and Doping Control information may be used for anti-doping
research purposes, although no Sample may be used for research without the Athlete's writtenconsent. Samples and related analytical data or Doping Control information used for research
purposes shall first be processed in such a manner as to prevent Samples and related analytical
data or Doping Control information being traced back to a particular Athlete. Any research
involving Samples and related analytical data or Doping Control information shall adhere to the29
principles set out in Article 19 of the Code.
6.4

Standards for Sample Analysis and ReportingIn accordance with Article 6.4 of the Code, KIF shall ask laboratories to analyze Samples inconformity with the International Standard for Laboratories and Article 4.7 of the International
Standard for Testing and Investigations.
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substancesor Prohibited Methods not included on the standard Sample analysis menu, or as requested by
KIF. Results from any such analysis shall be reported to KIF and have the same validity and30
Consequences as any other analytical result.
6.5

27

28

29

30

Further Analysis of a Sample Prior to or During Results Management[Comment to Article 6.1.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADAaccredited laboratory or another laboratory approved by WADA. Violations of other Articles may be established using analyticalresults from other laboratories so long as the results are reliable.][Comment to Article 6.2: For example, relevant Doping Control-related information could be used to direct Target Testing or to
support an anti-doping rule violation proceeding under Article 2.2, or both.][Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality
assurance, quality improvement, method improvement and development or to establish reference populations is not considered
research. Samples and related information used for such permitted non-research purposes must also first be processed in sucha manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in
Article 19 of the Code, as well as the requirements of the International Standard for Laboratories and International Standard for
the Protection of Privacy and Personal Information.][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 and efficiently detect doping. It is recognized that the resources available to fight doping arelimited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which
can be analyzed.]
20

There shall be no limitation on the authority of a laboratory to conduct repeat or additional
analysis on a Sample prior to the time KIF notifies an Athlete that the Sample is the basis for an
Article 2.1 anti-doping rule violation charge. If after such notification KIF wishes to conduct
additional analysis on that Sample, it may do so with the consent of the Athlete or approval from ahearing body.
6.6

Further Analysis of a Sample After it has been Reported as Negative or has
Otherwise not Resulted in an Anti-Doping Rule Violation Charge

After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted
in an anti-doping rule violation charge, it may be stored and subjected to further analyses for the
purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping
Organization that initiated and directed Sample collection or WADA. Any other Anti-Doping
Organization with authority to test the Athlete that wishes to conduct further analysis on a stored
Sample may do so with the permission of the Anti-Doping Organization that initiated and directed
Sample collection or WADA, and shall be responsible for any follow-up Results Management.
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organization
shall be at WADA’s or that organization's expense. Further analysis of Samples shall conformwith the requirements of the International Standard for Laboratories.
6.7

Split of A or B Sample

Where WADA, an Anti-Doping Organization with Results Management authority, and/or a WADAaccredited laboratory (with approval from WADA or the Anti-Doping Organization with Results
Management authority) wishes to split an A or B Sample for the purpose of using the first part ofthe split Sample for an A Sample analysis and the second part of the split Sample for
confirmation, then the procedures set forth in the International Standard for Laboratories shall befollowed.
6.8

WADA’s Right to Take Possession of Samples and Data

WADA may, in its sole discretion at any time, with or without prior notice, take physicalpossession of any Sample and related analytical data or information in the possession of alaboratory or Anti-Doping Organization. Upon request by WADA, the laboratory or Anti-Doping
Organization in possession of the Sample or data shall immediately grant access to and enable
WADA to take physical possession of the Sample or data. If WADA has not provided prior noticeto the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it
shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples ordata have been taken by WADA within a reasonable time after taking possession. After analysis
and any investigation of a seized Sample or data, WADA may direct another Anti-Doping
Organization with authority to test the Athlete to assume Results Management responsibility for
31
the Sample or data if a potential anti-doping rule violation is discovered.

31[Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constituteTampering, Complicity or an act of non-compliance as provided in the International Standard for Code Compliance by
Signatories, and could also constitute a violation of the International Standard for Laboratories. Where necessary, the laboratory
and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting theapplicable country.][Comment to Article 6.8: WADA would not, of course, unilaterally take possession of Samples or analytical data without goodcause related to a potential anti-doping rule violation, non-compliance by a Signatory or doping activities by another Person.
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject tochallenge. In particular, whether there is good cause or not shall not be a defense against an anti-doping rule violation or its
Consequences.]

21

ARTICLE 7

RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE ANDPROVISIONAL SUSPENSIONS

Results Management under these Anti-Doping Rules establishes a process designed to resolve antidoping rule violation matters in a fair, expeditious and efficient manner.
7.1

Responsibility for Conducting Results Management
7.1.1

Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results
Management shall be the responsibility of, and shall be governed by, theprocedural rules of the Anti-Doping Organization that initiated and directed
Sample collection (or, if no Sample collection is involved, the Anti-Doping
Organization which first provides notice to an Athlete or other Person of apotential anti-doping rule violation and then diligently pursues that anti-doping
rule violation).

7.1.2

In circumstances where the rules of a National Anti-Doping Organization do notgive the National Anti-Doping Organization authority over an Athlete or other
Person who is not a national, resident, license holder, or member of a sportorganization of that country, or the National Anti-Doping Organization declines
to exercise such authority, Results Management shall be conducted by theapplicable International Federation or by a third party with authority over the
Athlete or other Person as directed by the rules of the applicable International
Federation.

7.1.3

In the event the Major Event Organization assumes only limited Results
Management responsibility relating to a Sample initiated and taken during an
Event conducted by a Major Event Organization, or an anti-doping ruleviolation occurring during such Event, the case shall be referred by the Major
Event Organization to the applicable International Federation for completion of
Results Management.

7.1.4

Results Management in relation to a potential whereabouts failure (a filing
failure or a missed test) shall be administered by KIF or the National AntiDoping Organization with whom the Athlete in question files whereabouts
information, as provided in the International Standard for Results Management.
If KIF determines a filing failure or a missed test, it shall submit that information
to WADA through ADAMS, where it will be made available to other relevant
Anti-Doping Organizations.

7.1.5

Other circumstances in which KIF shall take responsibility for conducting Results
Management in respect of anti-doping rule violations involving Athletes and other
Persons under its authority shall be determined by reference to and in accordancewith Article 7 of the Code.

7.1.6

WADA may direct KIF to conduct Results Management in particular
circumstances. If KIF refuses to conduct Results Management within areasonable deadline set by WADA, such refusal shall be considered an act of
non-compliance, and WADA may direct another Anti-Doping Organization withauthority over the Athlete or other Person, that is willing to do so, to take
Results Management responsibility in place of KIF or, if there is no such AntiDoping Organization, any other Anti-Doping Organization that is willing to do so.
In such case, KIF shall reimburse the costs and attorney's fees of conducting
Results Management to the other Anti-Doping Organization designated by
WADA, and a failure to reimburse costs and attorney's fees shall be consideredan act of non-compliance.
22

7.2

Review and Notification Regarding Potential Anti-Doping Rule Violations

KIF shall carry out the review and notification with respect to any potential anti-doping ruleviolation in accordance with the International Standard for Results Management.
7.3

Identification of Prior Anti-Doping Rule Violations

Before giving an Athlete or other Person notice of a potential anti-doping rule violation as provided
above, KIF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations todetermine whether any prior anti-doping rule violation exists.
7.4

Provisional Suspensions
7.4.1

32

Mandatory Provisional Suspension after an Adverse Analytical Finding orAdverse Passport Finding
If KIF receives an Adverse Analytical Finding or an Adverse Passport Finding(upon completion of the Adverse Passport Finding review process) for a
Prohibited Substance or a Prohibited Method that is not a Specified Substanceor a Specified Method, it shall impose a Provisional Suspension on the Athlete
promptly upon or after the review and notification required by Article 7.2.
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete
demonstrates to KIF’s Hearing Panel that the violation is likely to have involveda Contaminated Product, or (ii) the violation involves a Substance of Abuse
and the Athlete establishes entitlement to a reduced period of Ineligibility under
Article 10.2.4.1.
KIF’s Hearing Panel’s decision not to eliminate a mandatory Provisional
Suspension on account of the Athlete’s assertion regarding a Contaminated
Product shall not be appealable.

7.4.2

Optional Provisional Suspension Based on an Adverse Analytical Finding forSpecified Substances, Specified Methods, Contaminated Products, or Other
Anti-Doping Rule Violations
KIF may impose a Provisional Suspension for anti-doping rule violations notcovered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final
hearing as described in Article 8.
An optional Provisional Suspension may be lifted at the discretion of KIF at any
time prior to KIF’s Hearing Panel’s decision under Article 8, unless provided
otherwise in the International Standard for Results Management.

7.4.3

Opportunity for Hearing or Appeal
Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be
imposed unless the Athlete or other Person is given: (a) an opportunity for a
Provisional Hearing, either before or on a timely basis after the imposition of
the Provisional Suspension; or (b) an opportunity for an expedited hearing inaccordance with Article 8 on a timely basis after the imposition of theProvisional Suspension.

32[Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by KIF, the internal review specified inthese Anti-Doping Rules and the International Standard for Results Management must first be completed.]
23

The imposition of a Provisional Suspension, or the decision not to impose a
Provisional Suspension, may be appealed in an expedited process inaccordance with Article 13.2.
7.4.4

Voluntary Acceptance of Provisional Suspension
Athletes on their own initiative may voluntarily accept a Provisional Suspension
if done so prior to the later of: (i) the expiration of ten (10) days from the reportof the B Sample (or waiver of the B Sample) or ten (10) days from the notice of
any other anti-doping rule violation, or (ii) the date on which the Athlete firstcompetes after such report or notice.
Other Persons on their own initiative may voluntarily accept a Provisional
Suspension if done so within ten (10) days from the notice of the anti-doping
rule violation.
Upon such voluntary acceptance, the Provisional Suspension shall have thefull effect and be treated in the same manner as if the Provisional Suspension
had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any timeafter voluntarily accepting a Provisional Suspension, the Athlete or other
Person may withdraw such acceptance, in which event the Athlete or other
Person shall not receive any credit for time previously served during theProvisional Suspension.

7.4.5

7.5

If a Provisional Suspension is imposed based on an A Sample Adverse
Analytical Finding and a subsequent B Sample analysis (if requested by the
Athlete or KIF) does not confirm the A Sample analysis, then the Athlete shallnot be subject to any further Provisional Suspension on account of a violationof Article 2.1. In circumstances where the Athlete has been removed from an
Event based on a violation of Article 2.1 and the subsequent B Sample
analysis does not confirm the A Sample finding, then, if it is still possible for the
Athlete to be reinserted, without otherwise affecting the Event, the Athlete may
continue to take part in the Event.

Results Management Decisions

Results Management decisions or adjudications by KIF must not purport to be limited to aparticular geographic area or the KIF’s sport and shall address and determine without limitation
the following issues: (i) whether an anti-doping rule violation was committed or a Provisional
Suspension should be imposed, the factual basis for such determination, and the specific Articles
that have been violated, and (ii) all Consequences flowing from the anti-doping rule violation(s),including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals or
prizes, any period of Ineligibility (and the date it begins to run) and any Financial
33
Consequences.

33[Comment to Article 7.5: Results Management decisions include Provisional Suspensions.
Each decision by KIF should address whether an anti-doping rule violation was committed and all Consequences flowing fromthe violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an
Event). Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport inevery country. For example, for a determination that an Athlete committed an anti-doping rule violation based on an Adverse
Analytical Finding for a Sample taken In-Competition, the Athlete’s results obtained in the Competition would be Disqualified
under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through theduration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from
Testing at an Event, it would be the Major Event Organization’s responsibility to decide whether the Athlete’s other individual
results in the Event prior to Sample collection are also Disqualified under Article 10.1.]

24

7.6

Notification of Results Management Decisions

KIF shall notify Athletes, other Persons, Signatories and WADA of Results Management
decisions as provided in Article 14 and in the International Standard for Results Management.
7.7

Retirement from Sport34

If an Athlete or other Person retires while the KIF’s Results Management process is underway,
KIF retains authority to complete its Results Management process. If an Athlete or other Person
retires before any Results Management process has begun, and KIF would have had Results
Management authority over the Athlete or other Person at the time the Athlete or other Person
committed an anti-doping rule violation, KIF has authority to conduct Results Management.
ARTICLE 8

RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARINGDECISION

For any Person who is asserted to have committed an anti-doping rule violation, KIF shall provide a fairhearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel incompliance with the Code and the International Standard for Results Management.
8.1

Fair Hearings
8.1.1 Fair, Impartial and Operationally Independent Hearing Panel

34

8.1.1.1

KIF shall establish a Hearing Panel which has jurisdiction to hearand determine whether an Athlete or other Person, subject to theseAnti-Doping Rules, has committed an anti-doping rule violation and,if applicable, to impose relevant Consequences.

8.1.1.2

KIF shall ensure that KIF’s Hearing Panel is free of conflict of interestand that its composition, term of office, professional experience,
Operational Independence and adequate financing comply with therequirements of the International Standard for Results Management.

8.1.1.3

Board members, staff members, commission members, consultants
and officials of KIF or its affiliates (e.g. National Federations orconfederation), as well as any Person involved in the investigationand pre-adjudication of the matter, cannot be appointed as members
and/or clerks (to the extent that such clerk is involved in the
deliberation process and/or drafting of any decision) of KIF’s Hearing
Panel. In particular, no member shall have previously considered any
TUE application, Results Management decision, or appeals in thesame given case.

8.1.1.4

KIF’s Hearing Panel shall consist of an independent Chair and two(2) other independent members.

[Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorityof any Anti-Doping Organization would not constitute an anti-doping rule violation but could be a legitimate basis for denying theAthlete or other Person membership in a sports organization.]25

8.1.2

8.2

Each member shall be appointed by taking into consideration theirrequisite anti-doping experience including their legal, sports, medical
and/or scientific expertise. Each member shall be appointed for aonce renewable term of three (3) years.

8.1.1.6

KIF’s Hearing Panel shall be in a position to conduct the hearing anddecision-making process without interference from KIF or any third
party.

Hearing Process
8.1.2.1

When KIF sends a notice to an Athlete or other Person notifying
them of a potential anti-doping rule violation, and the Athlete or other
Person does not waive a hearing in accordance with Article 8.3.1 or
Article 8.3.2, then the case shall be referred to KIF’s Hearing Panelfor hearing and adjudication, which shall be conducted in accordancewith the principles described in Articles 8 and 9 of the International
Standard for Results Management.

8.1.2.2

The Chair shall appoint three (3) members (which may include the
Chair) to hear that case. When hearing a case, one (1) panel
member shall be a qualified lawyer, with no less than three (3) yearsof relevant legal experience, and one (1) panel member shall be aqualified medical practitioner, with no less than three (3) years of
relevant medical experience.

8.1.2.3

Upon appointment by the Chair as a member of KIF’s Hearing Panel,each member must also sign a declaration that there are no facts orcircumstances known to him or her which might call into question
their impartiality in the eyes of any of the parties, other than thosecircumstances disclosed in the declaration.

8.1.2.4

Hearings held in connection with Events in respect to Athletes andother Persons who are subject to these Anti-Doping Rules may be
conducted by an expedited process where permitted by KIF’s
35
Hearing Panel.

8.1.2.5

WADA, the National Federation and the National Anti-Doping
Organization of the Athlete or other Person may attend the hearing
as observers. In any event, KIF shall keep them fully apprised as tothe status of pending cases and the result of all hearings.

Notice of Decisions
8.2.1

35

8.1.1.5

At the end of the hearing, or promptly thereafter, KIF’s Hearing Panel shallissue a written decision that conforms with Article 9 of the International
Standard for Results Management and which includes the full reasons for thedecision, the period of Ineligibility imposed, the Disqualification of results under
Article 10.10 and, if applicable, a justification for why the greatest potential
Consequences were not imposed.

[Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of theanti-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 or continued participation in the Event.]
26

8.2.2

8.3

8.4

KIF shall notify that decision to the Athlete or other Person and to other AntiDoping Organizations with a right to appeal under Article 13.2.3, and shallpromptly report it into ADAMS. The decision may be appealed as provided in
Article 13.

Waiver of Hearing
8.3.1

An Athlete or other Person against whom an anti-doping rule violation is asserted
may waive a hearing expressly and agree with the Consequences proposed by
KIF.

8.3.2

However, if the Athlete or other Person against whom an anti-doping rule violation
is asserted fails to dispute that assertion within the deadline otherwise specified in
the notice sent by the KIF asserting the violation, then they shall be deemed tohave waived a hearing, to have admitted the violation, and to have accepted the
proposed Consequences.

8.3.3

In cases where Article 8.3.1 or 8.3.2 applies, a hearing before KIF’s Hearing
Panel shall not be required. Instead KIF shall promptly issue a written decisionthat conforms with Article 9 of the International Standard for Results Management
and which includes the full reasons for the decision, the period of Ineligibility
imposed, the Disqualification of results under Article 10.10 and, if applicable, ajustification for why the greatest potential Consequences were not imposed.

8.3.4

KIF shall notify that decision to the Athlete or other Person and to other AntiDoping Organizations with a right to appeal under Article 13.2.3, and shallpromptly report it into ADAMS. KIF shall Publicly Disclose that decision inaccordance with Article 14.3.2.

Single Hearing Before CAS

Anti-doping rule violations asserted against International-Level Athletes, National-Level Athletes
or other Persons may, with the consent of the Athlete or other Person, KIF (where it has Results
Management responsibility in accordance with Article 7) and WADA, be heard in a single hearing36
directly at CAS.
ARTICLE 9

AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

An anti-doping rule violation in Individual Sports in connection with an In-Competition test automaticallyleads to Disqualification of the result obtained in that Competition with all resulting Consequences,37
including forfeiture of any medals, points and prizes.
ARTICLE 103637

SANCTIONS ON INDIVIDUALS[Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the international or
national level, then rehearing the case de novo before CAS can be very substantial. Where all of the parties identified in this
Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or AntiDoping Organizations to incur the extra expense of two (2) hearings. An Anti-Doping Organization may participate in the CAS
hearing as an observer. Nothing set out in Article 8.4 precludes the Athlete or other Person and KIF (where it has Results
Management responsibility) to waive their right to appeal by agreement. Such waiver, however, only binds the parties to suchagreement and not any other entity with a right of appeal under the Code.][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 or more team members have committed an antidoping rule violation shall be as provided in the applicable rules of the International Federation.]

27

10.1

Disqualification of Results in the Event during which an Anti-Doping Rule Violation
Occurs
10.1.1An anti-doping rule violation occurring during or in connection with an Eventmay, upon the decision of the ruling body of the Event, lead to Disqualificationof all of the Athlete's individual results obtained in that Event with all
Consequences, including forfeiture of all medals, points and prizes, except asprovided in Article 10.1.2.
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 rule38
violation and whether the Athlete tested negative in the other Competitions.

10.1.2

10.2

If the Athlete establishes that he or she bears No Fault or Negligence for theviolation, the Athlete's individual results in the other Competitions shall not be
Disqualified, unless the Athlete's results in Competitions other than theCompetition in which the anti-doping rule violation occurred were likely to havebeen affected by the Athlete's anti-doping rule violation.

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 topotential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7:
10.2.1The period of Ineligibility, subject to Article 10.2.4, shall be four (4) years
where:
10.2.1.1 The anti-doping rule violation does not involve a Specified Substanceor a Specified Method, unless the Athlete or other Person can
39establish that the anti-doping rule violation was not intentional.
10.2.1.2 The anti-doping rule violation involves a Specified Substance or aSpecified Method and KIF can establish that the anti-doping ruleviolation was intentional.

38

39

10.2.2

If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of
Ineligibility shall be two (2) years.

10.2.3As used in Article 10.2, the term “intentional” is meant to identify those Athletes
or other Persons who engage in conduct which they knew constituted an antidoping rule violation or knew that there was a significant risk that the conduct
might constitute or result in an 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 shallbe rebuttably presumed to be not “intentional” if the substance is a Specified
Substance and the Athlete can establish that the Prohibited Substance was[Comment to Article 10.1.1: 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., theswimming World Championships).][Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti-doping ruleviolation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that in adoping case under Article 2.1 an Athlete will be successful in proving that the Athlete acted unintentionally without establishing
the source of the Prohibited Substance.]28

Used Out-of-Competition. An anti-doping rule violation resulting from an
Adverse Analytical Finding for a substance which is only prohibited InCompetition shall not be considered “intentional” if the substance is not aSpecified Substance and the Athlete can establish that the Prohibited
Substance was Used Out-of-Competition in a context unrelated to sport
40
performance.
10.2.4

Notwithstanding any other provision in Article 10.2, where the anti-doping ruleviolation involves a Substance of Abuse:
10.2.4.1 If the Athlete can establish that any ingestion or Use occurred Outof-Competition and was unrelated to sport performance, then the
period of Ineligibility shall be three (3) months Ineligibility.
In addition, the period of Ineligibility calculated under this Article
10.2.4.1 may be reduced to one (1) month if the Athlete or other
Person satisfactorily completes a Substance of Abuse treatment
program approved by KIF. The period of Ineligibility established inthis Article 10.2.4.1 is not subject to any reduction based on any
41
provision in Article 10.6.
10.2.4.2 If the ingestion, Use or Possession occurred In-Competition, and theAthlete can establish that the context of the ingestion, Use or
Possession was unrelated to sport performance, then the ingestion,
Use or Possession shall not be considered intentional for purposesof Article 10.2.1 and shall not provide a basis for a finding of
Aggravating Circumstances under Article 10.4.

10.3

Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2 shallbe as follows, unless Article 10.6 or 10.7 are applicable:
10.3.140

41

For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4)years except: (i) in the case of failing to submit to Sample collection, if theAthlete can establish that the commission of the anti-doping rule violation was
not intentional, the period of Ineligibility shall be two (2) years; (ii) in all othercases, if the Athlete or other Person can establish exceptional circumstancesthat justify a reduction of the period of Ineligibility, the period of Ineligibility shallbe in a range from two (2) years to four (4) years depending on the Athlete orother Person’s degree of Fault; or (iii) in a case involving a Protected Person or
Recreational Athlete, the period of Ineligibility shall be in a range between amaximum of two (2) years and, at a minimum, a reprimand and no period of
Ineligibility, depending on the Protected Person or Recreational Athlete’s
degree of Fault.

[Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposesof Article 10.2.][Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete orother Person has satisfactorily completed the program shall be made in the sole discretion of KIF. This Article is intended togive KIF the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”,
treatment programs. It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely andchange over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.]

29

10.4

10.3.2For violations of Article 2.4, the period of Ineligibility shall be two (2) years,
subject to reduction down to a minimum of one (1) year, depending on the
Athlete’s degree of Fault. The flexibility between two (2) years and one (1) yearof Ineligibility in this Article is not available to Athletes where a pattern of lastminute whereabouts changes or other conduct raises a serious suspicion that
the Athlete was trying to avoid being available for Testing.

10.3.3For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimumof four (4) years up to lifetime Ineligibility, depending on the seriousness of theviolation. An Article 2.7 or Article 2.8 violation involving a Protected Person
shall be considered a particularly serious violation and, if committed by Athlete
Support Personnel for violations other than for Specified Substances, shallresult in lifetime Ineligibility for Athlete Support Personnel. In addition,
significant violations of Article 2.7 or 2.8 which may also violate non-sporting
laws and regulations, shall be reported to the competent administrative,42
professional or judicial authorities.

10.3.4For violations of Article 2.9, the period of Ineligibility imposed shall be aminimum of two (2) years, up to lifetime Ineligibility, depending on theseriousness of the violation.

10.3.5For violations of Article 2.10, the period of Ineligibility shall be two (2) years,
subject to reduction down to a minimum of one (1) year, depending on the
Athlete or other Person’s degree of Fault and other circumstances of the
43
case.

10.3.6For violations of Article 2.11, the period of Ineligibility shall be a minimum oftwo (2) years, up to lifetime Ineligibility, depending on the seriousness of the
44
violation by the Athlete or other Person.

Aggravating Circumstances which may Increase the Period of Ineligibility

If KIF establishes in an individual case involving an anti-doping rule violation other than violations
under Article 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted
Administration), 2.9 (Complicity or Attempted Complicity) or 2.11 (Acts by an Athlete or Other
Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances arepresent which justify the imposition of a period of Ineligibility greater than the standard sanction,then the period of Ineligibility otherwise applicable shall be increased by an additional period of
Ineligibility of up to two (2) years depending on the seriousness of the violation and the nature of
the Aggravating Circumstances, unless the Athlete or other Person can establish that he or she
45
did not knowingly commit the anti-doping rule violation.
42

43

44

45

[Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions
which are more severe than the Athletes who test positive. Since the authority of sport organizations is generally limited toIneligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities
is an important step in the deterrence of doping.][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.]
[Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlete or
Other Person to Discourage or Retaliate Against Reporting to Authorities) shall be sanctioned based on the violation that carries
the more severe sanction.][Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted
Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or
Retaliate Against Reporting to Authorities) are not included in the application of Article 10.4 because the sanctions for these
violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.]
30

10.5

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 she bears No Fault or
46
Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.
10.6

Reduction of the Period of Ineligibility based on No Significant Fault or Negligence10.6.1

Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1,
2.2 or 2.6.
All reductions under Article 10.6.1 are mutually exclusive and not cumulative.
10.6.1.1 Specified Substances or Specified Methods
Where the anti-doping rule violation involves a Specified Substance (other thana Substance of Abuse) or Specified Method, and the Athlete or other Person
can establish No Significant Fault or Negligence, then the period of Ineligibility
shall be, at a minimum, a reprimand and no period of Ineligibility, and at a
maximum, two (2) years of Ineligibility, depending on the Athlete’s or other
Person’s degree of Fault.
10.6.1.2 Contaminated Products
In cases where the Athlete or other Person can establish both No Significant
Fault or Negligence and that the detected Prohibited Substance (other than a
Substance of Abuse) 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 (2) years Ineligibility, depending on the Athlete or other
47
Person’s degree of Fault.
10.6.1.3 Protected Persons or Recreational Athletes

46

47[Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to thedetermination of whether an anti-doping rule violation has occurred. They will only apply in exceptional circumstances, forexample, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. Conversely, No
Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled orcontaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned
against the possibility 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 forthe conduct of those Persons to whom they entrust access to their food and drink). However, depending on the unique facts of aparticular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No Significant
Fault or Negligence.][Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not onlythat the detected Prohibited Substance came from a Contaminated Product, but must also separately establish No Significant
Fault or Negligence. It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk.
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases
unless the Athlete has exercised a high level of caution before taking the Contaminated Product. In assessing whether the
Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishingwhether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was
subsequently determined to be contaminated on the Doping Control form.
This Article should not be extended beyond products that have gone through some process of manufacturing. Where an
Adverse Analytical Finding results from environment contamination of a “non-product” such as tap water or lake water incircumstances where no reasonable person would expect any risk of an anti-doping rule violation, typically there would be No
Fault or Negligence under Article 10.5.]31

Where the anti-doping rule violation not involving a Substance of Abuse iscommitted by a Protected Person or Recreational Athlete, and the Protected
Person or Recreational Athlete can establish No Significant Fault or
Negligence, then the period of Ineligibility shall be, at a minimum, a reprimandand no period of Ineligibility, and at a maximum, two (2) years Ineligibility,
depending on the Protected Person or Recreational Athlete’s degree of Fault.
10.6.2

Application of No Significant Fault or Negligence beyond the Application of
Article 10.6.1

If an Athlete or other Person establishes in an individual case where Article 10.6.1 is notapplicable that he or she bears No Significant Fault or Negligence, then, subject to further
reduction or elimination as provided in Article 10.7, 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 applicable. If the otherwise applicable period of Ineligibility is a lifetime, the48
reduced period under this Article may be no less than eight (8) years.
10.7

Elimination, Reduction, or Suspension of Period of Ineligibility or Other
Consequences for Reasons Other than Fault
10.7.1Substantial Assistance in Discovering or Establishing Code Violations

49

10.7.1.1 KIF may, prior to an appellate decision under Article 13 or the
expiration of the time to appeal, suspend a part of the Consequences(other than Disqualification and mandatory Public Disclosure)
imposed in an individual case where the Athlete or other Person has
provided Substantial Assistance to an Anti-Doping Organization,
criminal authority or professional disciplinary body which results in:(i) the Anti-Doping Organization discovering or bringing forward ananti-doping rule violation by another Person; or (ii) which results in acriminal or disciplinary body discovering or bringing forward acriminal offense or the breach of professional rules committed byanother Person and the information provided by the Person providing
Substantial Assistance is made available to KIF or other Anti-Doping
Organization with Results Management responsibility; or (iii) which
results in WADA initiating a proceeding against a Signatory, WADAaccredited laboratory, or Athlete passport management unit (asdefined in the International Standard for Laboratories) for noncompliance with the Code, International Standard or TechnicalDocument; or (iv) with the approval by WADA, which results in acriminal or disciplinary body bringing forward a criminal offense or
the breach of professional or sport rules arising out of a sport
integrity violation other than doping. After an appellate decision
under Article 13 or the expiration of time to appeal, KIF may only
suspend a part of the otherwise applicable Consequences with theapproval of WADA.

48

49[Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti-doping rule violation except those Articles where intent is
an element of the anti-doping rule violation (e.g., Article 2.5, 2.7, 2.8, 2.9 or 2.11) 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.][Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their
mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport.]
32

The extent to which the otherwise applicable period of Ineligibility
may be suspended shall be based on the seriousness of the antidoping rule violation committed by the Athlete or other Person andthe significance of the Substantial Assistance provided by the Athlete
or other Person to the effort to eliminate doping in sport, noncompliance with the Code and/or sport integrity violations. No morethan three-quarters of the otherwise applicable period of Ineligibility
may be suspended. If the otherwise applicable period of Ineligibility
is a lifetime, the non-suspended period under this Article must be noless than eight (8) years. For purposes of this paragraph, theotherwise applicable period of Ineligibility shall not include any period
of Ineligibility that could be added under Article 10.9.3.2 of theseAnti-Doping Rules.
If so requested by an Athlete or other Person who seeks to provide
Substantial Assistance, KIF shall allow the Athlete or other Person toprovide the information to it subject to a Without Prejudice
Agreement.
If the Athlete or other Person fails to continue to cooperate and toprovide the complete and credible Substantial Assistance uponwhich a suspension of Consequences was based, KIF shall reinstate
the original Consequences. If KIF decides to reinstate suspended
Consequences or decides not to reinstate suspended Consequences,that decision may be appealed by any Person entitled to appeal
under Article 13.
10.7.1.2 To further encourage Athletes and other Persons to provide
Substantial Assistance to Anti-Doping Organizations, at the requestof KIF or at the request of the Athlete or other Person who has, or
has been asserted to have, committed an anti-doping rule violation,or other violation of the Code, WADA may agree at any stage of theResults Management process, including after an appellate decision
under Article 13, to what it considers to be an appropriate
suspension of the otherwise-applicable period of Ineligibility andother Consequences. In exceptional circumstances, WADA may
agree to suspensions of the period of Ineligibility and otherConsequences for Substantial Assistance greater than thoseotherwise provided in this Article, or even no period of Ineligibility, no
mandatory Public Disclosure and/or no return of prize money or
payment of fines or costs. WADA’s approval shall be subject toreinstatement of Consequences, as otherwise provided in this Article.
Notwithstanding Article 13, WADA’s decisions in the context of this
Article 10.7.1.2 may not be appealed.
10.7.1.3 If KIF suspends any part of an otherwise applicable sanction
because of Substantial Assistance, then notice providing justification
for the decision shall be provided to the other Anti-Doping
Organizations with a right to appeal under Article 13.2.3 as provided
in Article 14.
In unique circumstances where WADA determines that it would be in
the best interest of anti-doping, WADA may authorize KIF to enter
into appropriate confidentiality agreements limiting or delaying thedisclosure of the Substantial Assistance agreement or the nature of
Substantial Assistance being provided.
33

10.7.2

Admission of an Anti-Doping Rule Violation in the Absence of Other Evidence

Where an Athlete or other Person voluntarily admits the commission 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 other than
Article 2.1, before receiving first notice of the admitted violation pursuant to Article 7) andthat admission is the only reliable evidence of the violation at the time of admission, thenthe period of Ineligibility may be reduced, but not below one-half of the period of50
Ineligibility otherwise applicable.
10.7.3

Application of Multiple Grounds for Reduction of a Sanction

Where an Athlete or other Person establishes entitlement to reduction in sanction undermore than one provision of Article 10.5, 10.6 or 10.7, before applying any reduction orsuspension under Article 10.7, the otherwise applicable period of Ineligibility shall be
determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6. If the Athlete or other
Person establishes entitlement to a reduction or suspension of the period of Ineligibility
under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not
below one-fourth of the otherwise applicable period of Ineligibility.
10.8

Results Management Agreements
10.8.1

One-Year Reduction for Certain Anti-Doping Rule Violations Based on Early
Admission and Acceptance of Sanction

Where an Athlete or other Person, after being notified by KIF of a potential anti-doping
rule violation that carries an asserted period of Ineligibility of four (4) or more years(including any period of Ineligibility asserted under Article 10.4), admits the violation andaccepts the asserted period of Ineligibility no later than twenty (20) days after receiving
notice of an anti-doping rule violation charge, the Athlete or other Person may receive a
one-year reduction in the period of Ineligibility asserted by KIF. Where the Athlete orother Person receives the one-year reduction in the asserted period of Ineligibility under
this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be
51
allowed under any other Article.
10.8.2

Case Resolution Agreement

Where the Athlete or other Person admits an anti-doping rule violation after being
confronted with the anti-doping rule violation by KIF and agrees to Consequences
acceptable to KIF and WADA, at their sole discretion, then: (a) the Athlete or other
Person may receive a reduction in the period of Ineligibility based on an assessment by
KIF and WADA of the application of Articles 10.1 through 10.7 to the asserted anti-doping
rule violation, the seriousness of the violation, the Athlete or other Person’s degree ofFault and how promptly the Athlete or other Person admitted the violation; and (b) the
period of Ineligibility may start as early as the date of Sample collection or the date on
which another anti-doping rule violation last occurred. In each case, however, where this50

51

[Comment to Article 10.7.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to ananti-doping rule violation in circumstances where no Anti-Doping Organization is aware that an anti-doping rule violation might
have been committed. It is not intended to apply to circumstances 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 or she not come forward voluntarily.][Comment to Article 10.8.1: For example, if KIF alleges that an Athlete has violated Article 2.1 for Use of an anabolic steroid andasserts the applicable period of Ineligibility is four (4) years, then the Athlete may unilaterally reduce the period of Ineligibility tothree (3) years by admitting the violation and accepting the three-year period of Ineligibility within the time specified in this Article,
with no further reduction allowed. This resolves the case without any need for a hearing.]

34

Article is applied, the Athlete or other Person shall serve at least one-half of the agreedupon period of Ineligibility going forward from the earlier of the date the Athlete or other
Person accepted the imposition of a sanction or a Provisional Suspension which was
subsequently respected by the Athlete or other Person. The decision by WADA and KIF
to enter or not enter into a case resolution agreement, and the amount of the reduction to,and the starting date of, the period of Ineligibility are not matters for determination orreview by a hearing body and are not subject to appeal under Article 13.
If so requested by an Athlete or other Person who seeks to enter into a case resolutionagreement under this Article, KIF shall allow the Athlete or other Person to discuss anadmission of the anti-doping rule violation with it subject to a Without Prejudice52
Agreement.
10.9

Multiple Violations
10.9.1

Second or Third Anti-Doping Rule Violation
10.9.1.1 For an Athlete or other Person’s second anti-doping rule violation,
the period of Ineligibility shall be the greater of:(a) A six-month period of Ineligibility; or(b) A period of Ineligibility in the range between:(i) the sum of the period of Ineligibility imposed for the first antidoping rule violation plus the period of Ineligibility otherwise
applicable to the second anti-doping rule violation treated as
if it were a first violation, and(ii) twice the period of Ineligibility otherwise applicable to thesecond anti-doping rule violation treated as if it were a first
violation.
The period of Ineligibility within this range shall be
determined based on the entirety of the circumstances andthe Athlete or other Person’s degree of Fault with respect tothe second violation.
10.9.1.2 A third anti-doping rule violation will always result in a lifetime period
of Ineligibility, except if the third violation fulfills the condition forelimination or reduction of the period of Ineligibility under Article 10.5
or 10.6, or involves a violation of Article 2.4. In these particular cases,
the period of Ineligibility shall be from eight (8) years to lifetime
Ineligibility.
10.9.1.3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2
may then be further reduced by the application of Article 10.7.

10.9.252

An anti-doping rule violation for which an Athlete or other Person has
established No Fault or Negligence shall not be considered a violation for
purposes of this Article 10.9. In addition, an anti-doping rule violation
sanctioned under Article 10.2.4.1 shall not be considered a violation for
purposes of Article 10.9.

[Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at theConsequences set forth in the case resolution agreement, and shall not be applicable beyond the terms of that agreement.]
35

10.9.3

Additional Rules for Certain Potential Multiple Violations
10.9.3.1 For purposes of imposing sanctions under Article 10.9, except asprovided in Articles 10.9.3.2 and 10.9.3.3, an anti-doping ruleviolation will only be considered a second violation if KIF canestablish that the Athlete or other Person committed the additionalanti-doping rule violation after the Athlete or other Person received
notice pursuant to Article 7, or after KIF made reasonable efforts togive notice of the first anti-doping rule violation. If KIF cannot
establish this, the violations shall be considered together as one
single first violation, and the sanction imposed shall be based on theviolation that carries the more severe sanction, including theapplication of Aggravating Circumstances. Results in all
Competitions dating back to the earlier anti-doping rule violation will53
be Disqualified as provided in Article 10.10.
10.9.3.2 If KIF establishes that an Athlete or other Person committed an
additional anti-doping rule violation prior to notification, and that theadditional violation occurred twelve (12) months or more before orafter the first-noticed violation, then the period of Ineligibility for the
additional violation shall be calculated as if the additional violation
were a stand-alone first violation and this period of Ineligibility isserved consecutively, rather than concurrently, with the period of
Ineligibility imposed for the earlier-noticed violation. Where this
Article 10.9.3.2 applies, the violations taken together shall constitutea single violation for purposes of Article 10.9.1.
10.9.3.3 If KIF establishes that an Athlete or other Person committed aviolation of Article 2.5 in connection with the Doping Control process
for an underlying asserted anti-doping rule violation, the violation of
Article 2.5 shall be treated as a stand-alone first violation and theperiod of Ineligibility for such violation shall be served consecutively,
rather than concurrently, with the period of Ineligibility, if any,
imposed for the underlying anti-doping rule violation. Where this
Article 10.9.3.3 is applied, the violations taken together shallconstitute a single violation for purposes of Article 10.9.1.
10.9.3.4 If KIF establishes that an Athlete or other Person has committed asecond or third anti-doping rule violation during a period of
Ineligibility, the periods of Ineligibility for the multiple violations shallrun consecutively, rather than concurrently.

10.9.4Multiple Anti-Doping Rule Violations during Ten-Year Period

For purposes of Article 10.9, each anti-doping rule violation must take place within the sameten-year period in order to be considered multiple violations.

53[Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, KIF discovers facts involving ananti-doping rule violation that occurred prior to notification for a first anti-doping rule violation – e.g., KIF shall impose a sanction
based on the sanction that could have been imposed if the two (2) violations had been adjudicated at the same time, including
the application of Aggravating Circumstances.]36

10.10Disqualification of Results in Competitions Subsequent to Sample Collection orCommission of an Anti-Doping Rule Violation

In addition to the automatic Disqualification of the results in the Competition which produced thepositive Sample under Article 9, all other competitive results of the Athlete obtained from the datea positive Sample was collected (whether In-Competition or Out-of-Competition), or other antidoping rule violation occurred, through the commencement of any Provisional Suspension or
Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the54
resulting Consequences including forfeiture of any medals, points and prizes.
10.11

Forfeited Prize Money

If KIF recovers prize money forfeited as a result of an anti-doping rule violation, it shall take reasonablemeasures to allocate and distribute this prize money to the Athletes who would have been entitled to it
55
had the forfeiting Athlete not competed.
10.12

10.13

Financial Consequences
10.12.1

Where an Athlete or other Person commits an anti-doping rule violation, KIF
may, in its discretion and subject to the principle of proportionality, elect to (a)recover from the Athlete or other Person costs associated with the anti-doping
rule violation, regardless of the period of Ineligibility imposed and/or (b) fine theAthlete or other Person in an amount up to JPY 100,000, only in cases where
the maximum period of Ineligibility otherwise applicable has already been
imposed.

10.12.2

The imposition of a financial sanction or the KIF's recovery of costs shall not be
considered a basis for reducing the Ineligibility or other sanction which would
otherwise be applicable under these Anti-Doping Rules.

Commencement of Ineligibility Period

Where an Athlete is already serving a period of Ineligibility for an anti-doping rule violation, any
new period of Ineligibility shall commence on the first day after the current period of Ineligibility
has been served. Otherwise, except as provided below, the period of Ineligibility shall start on thedate of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is nohearing, on the date Ineligibility is accepted or otherwise imposed.
10.13.1

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, and the Athlete or other Person can establish that such delays are not
attributable to the Athlete or other Person, KIF or KIF’s Hearing Panel, if applicable, may
start the period of Ineligibility at an earlier date commencing as early as the date ofSample collection or the date on which another anti-doping rule violation last occurred. All

54

55[Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have beendamaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would
otherwise have to seek damages from such Person.][Comment to Article 10.11: This Article is not intended to impose an affirmative duty on KIF to take any action to collect forfeitedprize money. If KIF elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to
the Athlete(s) who should have otherwise received the money. “Reasonable measures to allocate and distribute this prize
money” could include using collected forfeited prize money as agreed upon by KIF and its Athletes.]37

competitive results achieved during the period of Ineligibility, including retroactive
56
Ineligibility, shall be Disqualified.
10.13.2

10.14

Credit for Provisional Suspension or Period of Ineligibility Served
10.13.2.1

If a Provisional Suspension is respected by the Athlete or other
Person, then the Athlete or other Person shall receive a credit forsuch period of Provisional Suspension against any period of
Ineligibility which may ultimately be imposed. If the Athlete or other
Person does not respect a Provisional Suspension, then the
Athlete or other Person shall receive no credit for any period ofProvisional Suspension served. If a period of Ineligibility is served
pursuant to a decision that 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.

10.13.2.2

If an Athlete or other Person voluntarily accepts a Provisional
Suspension in writing from KIF and thereafter respects theProvisional Suspension, the Athlete or other Person shall receive acredit for such period of voluntary Provisional Suspension against
any period of Ineligibility which may ultimately be imposed. A copyof the Athlete or other Person’s voluntary acceptance of aProvisional Suspension shall be provided promptly to each party
entitled to receive notice of an asserted anti-doping rule violation
57
under Article 14.1.

10.13.2.3

No credit against a period of Ineligibility shall be given for any time
period before the effective date of the Provisional Suspension or
voluntary Provisional Suspension regardless of whether the Athlete
elected not to compete or was suspended by a team.

Status During Ineligibility or Provisional Suspension
10.14.1

Prohibition Against Participation During Ineligibility or Provisional Suspension

No Athlete or other Person who has been declared Ineligible or is subject to a Provisional
Suspension may, during a period of Ineligibility or Provisional Suspension, participate inany capacity in a Competition or activity (other than authorized anti-doping Education or
rehabilitation programs) authorized or organized by any Signatory, Signatory's member
organization, or a club or other member organization of a Signatory’s member
organization, or in Competitions authorized or organized by any professional league or
any international- or national-level Event organization 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) years of the period of Ineligibility, participate as an Athlete
in local sport events not sanctioned or otherwise under the authority of a Code Signatory
56

57[Comment to Article 10.13.1: In cases of anti-doping rule violations other than under Article 2.1, the time required for an AntiDoping Organization to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy,
particularly where the Athlete or other Person has taken affirmative action to avoid detection. In these circumstances, theflexibility provided in this Article to start the sanction at an earlier date should not be used.][Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete
and shall not be used in any way to draw an adverse inference against the Athlete.]38

or member of a Code Signatory, but only so long as the local sport event is not at a levelthat could otherwise qualify such Athlete or other Person directly or indirectly to competein (or accumulate points toward) a national championship or International Event, anddoes not involve the Athlete or other Person working in any capacity with Protected
Persons.
An Athlete or other Person subject to a period of Ineligibility shall remain subject to58
Testing and any requirement by KIF to provide whereabouts information.
10.14.2

Return to Training

As an exception to Article 10.14.1, an Athlete may return to train with a team or to use thefacilities of a club or other member organization of KIF’s or other Signatory’s member
organization during the shorter of: (1) the last two months of the Athlete’s period of59
Ineligibility, or (2) the last one-quarter of the period of Ineligibility imposed.
10.14.3

Violation of the Prohibition of Participation During Ineligibility or Provisional
Suspension

Where an Athlete or other Person who has been declared Ineligible violates the prohibition
against participation during Ineligibility described in Article 10.14.1, the results of suchparticipation shall be Disqualified and a new period of Ineligibility equal in length to theoriginal period of Ineligibility shall be added to the end of the original period of Ineligibility.
The new period of Ineligibility, including a reprimand and no period of Ineligibility, may be
adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of
the case. The determination of whether an Athlete or other Person has violated theprohibition against participation, and whether an adjustment is appropriate, shall be madeby the Anti-Doping Organization whose Results Management led to the imposition of theinitial period of Ineligibility. This decision may be appealed under Article 13.
An Athlete or other Person who violates the prohibition against participation during a
Provisional Suspension described in Article 10.14.1 shall receive no credit for any periodof Provisional Suspension served and the results of such participation shall be
Disqualified.
Where an Athlete Support Person or other Person assists a Person in violating theprohibition against participation during Ineligibility or a Provisional Suspension, KIF shall
impose sanctions for a violation of Article 2.9 for such assistance.
10.14.4

58

59

Withholding of Financial Support during Ineligibility[Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a training
camp, exhibition or practice organized by their National Federation or a club which is a member of that National 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 organized by a non-Signatory
International Event organization or a non-Signatory national-level Event organization without triggering the Consequences set
forth in Article 10.14.3. The term “activity” also includes, for example, administrative activities, such as serving as an official,director, officer, employee, or volunteer of the organization described in this Article. Ineligibility imposed in one sport shall also
be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions). An Athlete or other Person serving aperiod of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during
the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete. Any performancestandard accomplished during a period of Ineligibility shall not be recognized by KIF or its National Federations for any purpose.][Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletescannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. During thetraining period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article
10.14.1 other than training.]
39

In addition, for any anti-doping rule violation not involving a reduced sanction as described in
Article 10.5 or 10.6, some or all sport-related financial support or other sport-related benefits
received by such Person will be withheld by KIF and its National Federations.
10.15

Automatic Publication of Sanction

A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3.
ARTICLE 11

CONSEQUENCES TO TEAMSArticle 11 intentionally left blank.
ARTICLE 12SANCTIONS BY KIF AGAINST OTHER SPORTING BODIESWhen KIF becomes aware that a National Federation or any other sporting body over which it has
authority has failed to comply with, implement, uphold, and enforce these Anti-Doping Rules within thatorganization’s or body’s area of competence, KIF has the authority and may take the following additional
disciplinary actions:
12.1

Exclude all, or some group of, members of that organization or body from specified future
Events or all Events conducted within a specified period of time.

12.2

Take additional disciplinary actions with respect to that organization’s or body’s
recognition, the eligibility of their members to participate in KIF’s activities, and/or finethat organization or body based on the following:
12.2.1

Four (4) or more violations of these Anti-Doping Rules (other than violations
involving Article 2.4) are committed by Athletes or other Persons affiliated withthat organization or body during a twelve (12) month period. In such event: (a)all or some group of members of that organization or body may be banned
from participation in any KIF activities for a period of up to two (2) years and/or(b) that organization or body may be fined in an amount up to JPY 1,000,000.

12.2.2

Four (4) or more violations of these Anti-Doping Rules (other than violations
involving Article 2.4) are committed in addition to the violations described in
Article 12.2.1 by Athletes or other Persons affiliated with that organization or
body during a twelve (12) month period. In such event, that organization or
body may be suspended for a period of up to four (4) years.

12.2.3More than one Athlete or other Person affiliated with that organization or bodycommits an anti-doping rule violation during an International Event. In such
event, that organization or body may be fined in an amount up to JPY 500,000.

12.2.4That organization or body has failed to make diligent efforts to keep KIF
informed about an Athlete's whereabouts after receiving a request for that
information from KIF. In such event, that organization or body may be fined in
an amount up to JPY 200,000 per Athlete, in addition to reimbursement of all of
the KIF costs incurred in Testing that organization’s or body’s Athletes.

12.3

Withhold some or all funding or other financial and non-financial support to thatorganization or body.

12.4

Oblige that organization or body to reimburse KIF for all costs (including but not limited tolaboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping
Rules committed by an Athlete or other Person affiliated with that organization or body.

40

ARTICLE 13
13.1

RESULTS MANAGEMENT: APPEALS

60

Decisions Subject to Appeal

Decisions made under the Code or these Anti-Doping Rules may be appealed as set forth below
in Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or theInternational Standards. Such decisions shall remain in effect while under appeal unless theappellate body orders otherwise.
13.1.1

Scope of Review Not Limited

The scope of review on appeal includes all issues relevant to the matter and is expressly
not limited to the issues or scope of review before the initial decision maker. Any party to
the appeal may submit evidence, legal arguments and claims that were not raised in thefirst instance hearing so long as they arise from the same cause of action or same61
general facts or circumstances raised or addressed in the first instance hearing.
13.1.2CAS Shall Not Defer to the Findings Being Appealed

In making its decision, CAS shall not give deference to the discretion exercised by the
62
body whose decision is being appealed.
13.1.3

WADA Not Required to Exhaust Internal Remedies

Where WADA has a right to appeal under Article 13 and no other party has appealed a
final decision within KIF’s process, WADA may appeal such decision directly to CAS
63
without having to exhaust other remedies in KIF’s process.
13.2

Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences,
Provisional Suspensions, Implementation of Decisions and Authority

A decision that an anti-doping rule violation was committed, a decision imposing Consequencesor not imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping
rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go
forward for procedural reasons (including, for example, prescription); a decision by WADA not togrant an exception to the six-months notice requirement for a retired Athlete to return tocompetition under Article 5.6.1; a decision by WADA assigning Results Management under
Article 7.1 of the Code; a decision by KIF 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 anti60

61

62

63

[Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal
processes with a final appeal. Anti-doping decisions by Anti-Doping Organizations are made transparent in Article 14. Specified
Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. Note that the definition ofinterested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their National
Federations, who might benefit from having another competitor Disqualified.][Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather forclarification. For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct
could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in
the appeal.][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.][Comment to Article 13.1.3: Where a decision has been rendered before the final stage of KIF’s process (for example, a firsthearing) and no party elects to appeal that decision to the next level of KIF’s process (e.g., the Managing Board), then WADA
may bypass the remaining steps in KIF’s internal process and appeal directly to CAS.]

41

doping rule violation after an investigation in accordance with the International Standard forResults Management; a decision to impose, or lift, a Provisional Suspension as a result of aProvisional Hearing; KIF’s failure to comply with Article 7.4; a decision that KIF lacks authority torule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or notsuspend, Consequences or to reinstate, or not reinstate, Consequences under Article 10.7.1;
failure to comply with Articles 7.1.4 and 7.1.5 of the Code; failure to comply with Article 10.8.1; adecision under Article 10.14.3; a decision by KIF not to implement another Anti-Doping
Organization’s decision under Article 15; and a decision under Article 27.3 of the Code may be
appealed exclusively as provided in this Article 13.2.
13.2.1

Appeals Involving International-Level Athletes or International Events

In cases arising from participation in an International Event or in cases involving
64International-Level Athletes, the decision may be appealed exclusively to CAS.
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 anappellate body, in accordance with rules adopted by the National Anti-Doping
Organization having authority over the Athlete or other Person.
The rules for such appeal shall respect the following principles: a timely hearing; a fair,
impartial, Operationally Independent and Institutionally Independent hearing panel; theright to be represented by counsel at the Person's own expense; and a timely, written,
reasoned decision.
If no such body as described above is in place and available at the time of the appeal, thedecision may be appealed to CAS in accordance with the applicable procedural rules.
13.2.3

Persons Entitled to Appeal
13.2.3.1 Appeals Involving International-Level Athletes or International Events
In cases under Article 13.2.1, the following parties shall have the right toappeal to CAS: (a) the Athlete or other Person who is the subject of thedecision being appealed; (b) the other party to the case in which the decision
was rendered; (c) KIF; (d) the National Anti-Doping Organization of the
Person’s country of residence or countries where the Person is a national or
license holder; (e) the International Olympic Committee or International
Paralympic Committee, as applicable, where the decision may have an effectin relation to the Olympic Games or Paralympic Games, including decisions
affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.
13.2.3.2 Appeals Involving Other Athletes or Other Persons
In cases under Article 13.2.2, the parties having the right to appeal to theappellate body shall be as provided in the National Anti-Doping Organization's
rules but, at a minimum, shall include the following parties: (a) the Athlete orother Person who is the subject of the decision being appealed; (b) the otherparty to the case in which the decision was rendered; (c) KIF; (d) the National
Anti-Doping Organization of the Person’s country of residence or countries
where the Person is a national or license holder; (e) the International Olympic
Committee or International Paralympic Committee, as applicable, where the64[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to theannulment or enforcement of arbitral awards.]
42

decision may have an effect in relation to the Olympic Games or Paralympic
Games, including decisions affecting eligibility for the Olympic Games orParalympic Games; and (f) WADA.
For cases under Article 13.2.2, WADA, the International Olympic Committee,
the International Paralympic Committee, and KIF shall also have the right toappeal to CAS with respect to the decision of the appellate body.
Any party filing an appeal shall be entitled to assistance from CAS to obtain all
relevant information from the Anti-Doping Organization whose decision is being
appealed and the information shall be provided if CAS so directs.
13.2.3.3 Duty to Notify
All parties to any CAS appeal must ensure that WADA and all other parties
with a right to appeal have been given timely notice of the appeal.
13.2.3.4 Appeal from Imposition of Provisional Suspension
Notwithstanding any other provision herein, the only Person who may appeal
from the imposition of a Provisional Suspension is the Athlete or other Person
upon whom the Provisional Suspension is imposed.
13.2.3.5 Appeal from Decisions under Article 12
Decisions by KIF pursuant to Article 12 may be appealed exclusively to CAS by
the National Federation or other body.
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 under the Code are specifically permitted. Any party with a right to appeal under this
Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s
65
answer.
13.3

Failure to Render a Timely Decision by KIF

Where, in a particular case, KIF fails to render a decision with respect to whether an anti-doping
rule violation was committed within a reasonable deadline set by WADA, WADA may elect toappeal directly to CAS as if KIF 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 attorney66
fees in prosecuting the appeal shall be reimbursed to WADA by KIF.
13.4

Appeals Relating to TUEs

TUE decisions may be appealed exclusively as provided in Article 4.4.
65

66

[Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right tocross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired. This
provision permits a full hearing for all parties.][Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and Results
Management process, it is not feasible to establish a fixed time period for KIF to render a decision before WADA may intervene
by appealing directly to CAS. Before taking such action, however, WADA will consult with KIF and give KIF an opportunity to
explain why it has not yet rendered a decision.]

43

13.5

Notification of Appeal Decisions

KIF shall promptly provide the appeal decision to the Athlete or other Person and to the otherAnti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 asprovided under Article 14.
13.6

Time for Filing Appeals
13.6.1

67

Appeals to CAS

The time to file an appeal to CAS shall be twenty-one (21) days from the date of receiptof the decision by the appealing party. The above notwithstanding, the following shallapply in connection with appeals 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 (15) days from the notice of the decision, such party/ies shall have theright to request a copy of the full case file pertaining to the decision from the AntiDoping Organization that had Results Management authority;(b) If such a request is made within the fifteen (15) day period, then the party making
such request shall have twenty-one (21) 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 thelater of:(a) Twenty-one (21) days after the last day on which any other party having a right toappeal could have appealed, or(b) Twenty-one (21) days after WADA’s receipt of the complete file relating to thedecision.
13.6.2

Appeals Under Article 13.2.2

The time to file an appeal to an independent and impartial body in accordance with rules
established by the National Anti-Doping Organization shall be indicated by the same
rules of the National Anti-Doping Organization.
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be thelater of:(a) Twenty-one (21) days after the last day on which any other party having a right toappeal could have appealed, or(b) Twenty-one (21) days after WADA’s receipt of the complete file relating to thedecision.
ARTICLE 14
14.1

67

CONFIDENTIALITY AND REPORTING
Information Concerning Adverse Analytical Findings, Atypical Findings, and Other
Asserted Anti-Doping Rule Violations[Comment to Article 13.6: Whether governed by CAS rules or these Anti-Doping Rules, a party’s deadline to appeal does not
begin running until receipt of the decision. For that reason, there can be no expiration of a party's right to appeal if the party has
not received the decision.]4414.1.1

Notice of Anti-Doping Rule Violations to Athletes and other Persons

Notice to Athletes or other Persons of anti-doping rule violations asserted against themshall occur as provided under Articles 7 and 14.
If at any point during Results Management up until the anti-doping rule violation charge,
KIF decides not to move forward with a matter, it must notify the Athlete or other Person,(provided that the Athlete or other Person had been already informed of the ongoing
Results Management).
14.1.2

Notice of Anti-Doping Rule Violations to National Anti-Doping Organizationsand WADA

Notice of the assertion of an anti-doping rule violation to the Athlete’s or other Person’s
National Anti-Doping Organization and WADA shall occur as provided under Articles 7
and 14, simultaneously with the notice to the Athlete or other Person.
If at any point during Results Management up until the anti-doping rule violation charge,
KIF decides not to move forward with a matter, it must give notice (with reasons) to theAnti-Doping Organizations with a right of appeal under Article 13.2.3.
14.1.3

Content of an Anti-Doping Rule Violation Notice

Notification of an anti-doping rule violation shall include: the Athlete's or other Person’s
name, country, sport and discipline within the sport, the Athlete’s competitive level,
whether the test was In-Competition or Out-of-Competition, the date of Sample collection,
the analytical result reported by the laboratory, and other information as required by theInternational Standard for Results Management.
Notification of anti-doping rule violations other than under Article 2.1 shall also include therule violated and the basis of the asserted violation.
14.1.4

Status Reports

Except with respect to investigations which have not resulted in a notice of an anti-doping
rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National AntiDoping Organization and WADA shall be regularly updated on the status and findings ofany review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided
with a prompt written reasoned explanation or decision explaining the resolution of thematter.
14.1.5

Confidentiality

The recipient organizations shall not disclose this information beyond those Persons witha need to know (which would include the appropriate personnel at the applicable National
Olympic Committee, National Federation, until KIF has made Public Disclosure as
permitted by Article 14.3.
14.1.6

Protection of Confidential Information by an Employee or Agent of KIF

KIF shall ensure that information concerning Adverse Analytical Findings, AtypicalFindings, and other asserted anti-doping rule violations remains confidential until suchinformation is Publicly Disclosed in accordance with Article 14.3. KIF shall ensure that its
employees (whether permanent or otherwise), contractors, agents, consultants, andDelegated Third Parties are subject to fully enforceable contractual duty of confidentiality
45

and to fully enforceable procedures for the investigation and disciplining of improper
and/or unauthorized disclosure of such confidential information.
14.2

14.3

68

Notice of Anti-Doping Rule Violation or Violations of Ineligibility or Provisional
Suspension Decisions and Request for Files
14.2.1Anti-doping rule violation decisions or decisions related to violations ofIneligibility or Provisional Suspension rendered pursuant to Article 7.6, 8.2,
10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision,
including, if applicable, a justification for why the maximum potential sanction
was not imposed. Where the decision is not in English or French, KIF shallprovide an English or French summary of the decision and the supporting
reasons.

14.2.2An Anti-Doping Organization having a right to appeal a decision received
pursuant to Article 14.2.1 may, within fifteen (15) days of receipt, request a
copy of the full case file pertaining to the decision.

Public Disclosure
14.3.1After notice has been provided to the Athlete or other Person in accordancewith the International Standard for Results Management, and to the applicable
Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any
Athlete or other Person who is notified of a potential anti-doping rule violation,
the Prohibited Substance or Prohibited Method and the nature of the violation
involved, and whether the Athlete or other Person is subject to a Provisional
Suspension may be Publicly Disclosed by KIF.

14.3.2No later than twenty (20) days after it has been determined in an appellate
decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or ahearing in accordance with Article 8 has been waived, or the assertion of ananti-doping rule violation has not otherwise been timely challenged, or thematter has been resolved under Article 10.8, or a new period of Ineligibility, or
reprimand, has been imposed under Article 10.14.3, KIF must Publicly Disclosethe disposition of the anti-doping matter, including the sport, the anti-doping
rule violated, the name of the Athlete or other Person committing the violation,
the Prohibited Substance or Prohibited Method involved (if any) and theConsequences imposed. KIF must also Publicly Disclose within twenty (20)days the results of appellate decisions concerning anti-doping rule violations,68
including the information described above.

14.3.3After an anti-doping rule violation has been determined to have beencommitted in an appellate decision under Article 13.2.1 or 13.2.2 or suchappeal has been waived, or in a hearing in accordance with Article 8 or wheresuch hearing has been waived, or the assertion of an anti-doping rule violation
has not otherwise been timely challenged, or the matter has been resolved
under Article 10.8, KIF may make public such determination or decision andmay comment publicly on the matter.

14.3.4In any case where it is determined, after a hearing or appeal, that the Athlete orother Person did not commit an anti-doping rule violation, the fact that the[Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicablelaws, KIF’s failure to make the Public Disclosure will not result in a determination of non-compliance with Code as set forth in
Article 4.2 of the International Standard for the Protection of Privacy and Personal Information.]46

decision has been appealed may be Publicly Disclosed. However, the decisionitself and the underlying facts may not be Publicly Disclosed except with theconsent of the Athlete or other Person who is the subject of the decision. KIF
shall use reasonable efforts to obtain such consent, and if consent is obtained,
shall Publicly Disclose the decision in its entirety or in such redacted form as
the Athlete or other Person may approve.

14.4

14.3.5

Publication shall be accomplished at a minimum by placing the required
information on the KIF’s website and leaving the information up for the longer
of one (1) month or the duration of any period of Ineligibility.

14.3.6

Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization,
National Federation, or WADA-accredited laboratory, or any official of any suchbody, shall publicly comment on the specific facts of any pending case (asopposed to general description of process and science) except in response to
public comments attributed to, or based on information provided by the Athlete,
other Person or their entourage or other representatives.

14.3.7The mandatory Public Disclosure required in Article 14.3.2 shall not be
required where the Athlete or other Person who has been found to havecommitted an anti-doping rule violation is a Minor, Protected Person or
Recreational Athlete. Any optional Public Disclosure in a case involving a Minor,
Protected Person or Recreational Athlete shall be proportionate to the facts
and circumstances of the case.

Statistical Reporting

KIF shall, at least annually, publish publicly a general statistical report of its Doping Control
activities, with a copy provided to WADA. KIF may also publish reports showing the name of each
Athlete tested and the date of each Testing.
14.5

Doping Control Information Database and Monitoring of ComplianceTo enable WADA to perform its compliance monitoring role and to ensure the effective use ofresources and sharing of applicable Doping Control information among Anti-Doping
Organizations, KIF shall report to WADA through ADAMS Doping Control-related information,
including, in particular:(a)Athlete Biological Passport data for International-Level Athletes and NationalLevel Athletes,(b)
Whereabouts information for Athletes including those in Registered Testing Pools,(c)
TUE decisions, and(d)Results Management decisions,as required under the applicable International Standard(s).
14.5.1

To facilitate coordinated test distribution planning, avoid unnecessary
duplication in Testing by various Anti-Doping Organizations, and to ensure thatAthlete Biological Passport profiles are updated, KIF shall report all InCompetition and Out-of-Competition tests to WADA by entering the Doping
Control forms into ADAMS in accordance with the requirements and timelines
contained in the International Standard for Testing and Investigations.

14.5.2

To facilitate WADA’s oversight and appeal rights for TUEs, KIF shall report all
TUE applications, decisions and supporting documentation using ADAMS in
accordance with the requirements and timelines contained in the International
Standard for Therapeutic Use Exemptions.
47

14.6

14.5.3

To facilitate WADA’s oversight and appeal rights for Results Management, KIF
shall report the following information into ADAMS in accordance with therequirements and timelines outlined in the International Standard for Results
Management: (a) notifications of anti-doping rule violations and related
decisions for Adverse Analytical Findings; (b) notifications and related
decisions for other anti-doping rule violations that are not Adverse Analytical
Findings; (c) whereabouts failures; and (d) any decision imposing, lifting orreinstating a Provisional Suspension.

14.5.4The information described in this Article will be made accessible, whereappropriate and in accordance with the applicable rules, to the Athlete, theAthlete’s National Anti-Doping Organization, and any other Anti-Doping
Organizations with Testing authority over the Athlete.

Data Privacy
14.6.1

KIF may collect, store, process or disclose personal information relating toAthletes and other Persons where necessary and appropriate to conduct its
Anti-Doping Activities under the Code, the International Standards (including
specifically the International Standard for the Protection of Privacy andPersonal Information), these Anti-Doping Rules, and in compliance withapplicable law.

14.6.2

Without limiting the foregoing, KIF shall:(a) Only process personal information in accordance with a valid legal ground;(b) Notify any Participant or Person subject to these Anti-Doping Rules, in amanner and form that complies with applicable laws and the International
Standard for the Protection of Privacy and Personal Information, that theirpersonal information may be processed by KIF and other Persons for the
purpose of the implementation of these Anti-Doping Rules;(c) Ensure that any third-party agents (including any Delegated Third Party)
with whom KIF shares the personal information of any Participant or
Person is subject to appropriate technical and contractual controls toprotect the confidentiality and privacy of such information.

ARTICLE 15
15.1

IMPLEMENTATION OF DECISIONS
Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations
15.1.1

A decision of an anti-doping rule violation made by a Signatory Anti-Doping
Organization, an appellate body (Article 13.2.2 of the Code) or CAS shall, after
the parties to the proceeding are notified, automatically be binding beyond theparties to the proceeding upon KIF and its National Federations, as well as
every Signatory in every sport with the effects described below:
15.1.1.1 A decision by any of the above-described bodies imposing a
Provisional Suspension (after a Provisional Hearing has occurred or
the Athlete or other Person has either accepted the Provisional
Suspension or has waived the right to a Provisional Hearing,
expedited hearing or expedited appeal offered in accordance with
Article 7.4.3) automatically prohibits the Athlete or other Person fromparticipation (as described in Article 10.14.1) in all sports within theauthority of any Signatory during the Provisional Suspension.
48

15.1.1.2 A decision by any of the above-described bodies imposing a period
of Ineligibility (after a hearing has occurred or been waived)
automatically prohibits the Athlete or other Person from participation(as described in Article 10.14.1) in all sports within the authority of
any Signatory for the period of Ineligibility.
15.1.1.3 A decision by any of the above-described bodies accepting an antidoping rule violation automatically binds all Signatories.
15.1.1.4 A decision by any of the above-described bodies to Disqualify results
under Article 10.10 for a specified period automatically Disqualifies
all results obtained within the authority of any Signatory during thespecified period.

15.2

15.1.2

KIF and its National Federations shall recognize and implement a decision andits effects as required by Article 15.1.1, without any further action required, on
the earlier of the date KIF receives actual notice of the decision or the date thedecision is placed into ADAMS.

15.1.3

A decision by an Anti-Doping Organization, a national appellate body or CAS tosuspend, or lift, Consequences shall be binding upon KIF and its National
Federations without any further action required, on the earlier of the date KIF
receives actual notice of the decision or the date the decision is placed into
ADAMS.

15.1.4

Notwithstanding any provision in Article 15.1.1, however, a decision of an antidoping rule violation by a Major Event Organization made in an expedited
process during an Event shall not be binding on KIF or its National Federations
unless the rules of the Major Event Organization provide the Athlete or other69
Person with an opportunity to an appeal under non-expedited procedures.

Implementation of Other Decisions by Anti-Doping Organizations

KIF and its National Federations may decide to implement other anti-doping decisions renderedby Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional
70
Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person.
15.3

Implementation of Decisions by Body that is not a Signatory

An anti-doping decision by a body that is not a Signatory to the Code shall be implemented by
KIF and its National Federations, if KIF finds that the decision purports to be within the authority
71
of that body and the anti-doping rules of that body are otherwise consistent with the Code.
69

70[Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the Athlete or other
Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or
adjudication by the Major Event Organization is binding on other Signatories regardless of whether the Athlete or other Personchooses the expedited appeal option.][Comment to Articles 15.1 and 15.2: Anti-Doping Organization decisions under Article 15.1 are implemented automatically byother Signatories without the requirement of any decision or further action on the Signatories’ part. For example, when a
National Anti- Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at theInternational Federation level. To be clear, the “decision” is the one made by the National Anti-Doping Organization, there is nota separate decision to be made by the International Federation. Thus, any claim by the Athlete that the Provisional Suspension
was improperly imposed can only be asserted against the National Anti-Doping Organization. Implementation of Anti-Doping
Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion. A Signatory’s implementation of a decision
under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision. The extent ofrecognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the International
Standard for Therapeutic Use Exemptions.]

49

ARTICLE 16

STATUTE OF LIMITATIONSNo anti-doping rule violation proceeding may be commenced against an Athlete or other Person unlesshe or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has
been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.
ARTICLE 17

EDUCATION

KIF shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of
the Code and the International Standard for Education.
ARTICLE 18

ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS

18.1

All National Federations and their members shall comply with the Code, International
Standards, and these Anti-Doping Rules. All National Federations and other members
shall include in their policies, rules and programs the provisions necessary to ensure that
KIF may enforce these Anti-Doping Rules (including carrying out Testing) directly inrespect of Athletes (including National-Level Athletes) and other Persons under their antidoping authority as specified in the Introduction to these Anti-Doping Rules (Section“Scope of these Anti-Doping Rules”).

18.2

Each National Federation shall incorporate these Anti-Doping Rules either directly or byreference into its governing documents, constitution and/or rules as part of the rules ofsport that bind their members so that the National Federation may enforce them itself
directly in respect of Athletes (including National-Level Athletes) and other Persons under
its anti-doping authority.

18.3

By adopting these Anti-Doping Rules, and incorporating them into their governing
documents and rules of sport, National Federations shall cooperate with and support KIF
in that function. They shall also recognize, abide by and implement the decisions madepursuant to these Anti-Doping Rules, including the decisions imposing sanctions on
Persons under their authority.

18.4

All National Federations shall take appropriate action to enforce compliance with theCode, International Standards, and these Anti-Doping Rules by inter alia:(i) conducting Testing only under the documented authority of KIF and using their
National Anti-Doping Organization or other Sample collection authority to collectSamples in compliance with the International Standard for Testing and Investigations;(ii) recognizing the authority of the National Anti-Doping Organization in their country inaccordance with Article 5.2.1 of the Code and assisting as appropriate with the
National Anti-Doping Organization’s implementation of the national Testing program
for their sport;

71[Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant andin other respects not Code compliant, KIF, other Signatories and National Federations should attempt to apply the decision inharmony with the principles of the Code. For example, if in a process consistent with the Code a non-Signatory has found an
Athlete to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s
body but the period of Ineligibility applied is shorter than the period provided for in the Code, then KIF and all other Signatories
should recognize the finding of an anti-doping rule violation and the Athlete’s National Anti-Doping Organization should conduct
a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed.
KIF or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, isappealable under Article 13.]50

(iii) analyzing all Samples collected using a WADA-accredited or WADA-approved
laboratory in accordance with Article 6.1; and(iv) ensuring that any national level anti-doping rule violation cases discovered by
National Federations are adjudicated by an Operationally Independent hearing panelin accordance with Article 8.1 and the International Standard for Results
Management.
18.5

All National Federations shall establish rules requiring all Athletes preparing for orparticipating in a Competition or activity authorized or organized by a National Federationor one of its member organizations, and all Athlete Support Personnel associated withsuch Athletes, to agree to be bound by these Anti-Doping Rules and to submit to the
Results Management authority of the Anti-Doping Organization in conformity with theCode as a condition of such participation.

18.6

All National Federations shall report any information suggesting or relating to an antidoping rule violation to KIF and to their National Anti-Doping Organizations and shallcooperate with investigations conducted by any Anti-Doping Organization with authority
to conduct the investigation.

18.7

All National Federations shall 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 under the authority of KIF or the National
Federation.

18.8

All National Federations shall conduct anti-doping Education in coordination with their
National Anti-Doping Organizations.

ARTICLE 19

ADDITIONAL ROLES AND RESPONSIBILITIES OF KIF

In addition to the roles and responsibilities described in Article 20.3 of the Code for International
Federations, KIF shall report to WADA on KIF’s compliance with the Code and the International
Standards in accordance with Article 24.1.2 of the Code.
ARTICLE 20

ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES

20.1

To be knowledgeable of and comply with these Anti-Doping Rules.

20.2

To be available for Sample collection at all times.

20.3

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

20.4

To inform medical personnel of their obligation not to Use Prohibited Substances andProhibited Methods and to take responsibility to make sure that any medical treatment
received does not violate these Anti-Doping Rules.

20.5

To disclose to KIF and their National Anti-Doping Organization any decision by a nonSignatory finding that the Athlete committed an anti-doping rule violation within theprevious ten (10) years.

20.6

To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.

72

72[Comment to Article 20.2: With due regard to an Athlete’s human rights and privacy, legitimate anti-doping considerations
sometimes require Sample collection 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 in the morning.]
51

Failure by any Athlete to cooperate in full with Anti-Doping Organizations investigating
anti-doping rule violations may result in a breach under KIF's internal rules.
20.7

To disclose the identity of their Athlete Support Personnel upon request by KIF or a
National Federation, or any other Anti-Doping Organization with authority over the Athlete.

20.8

Offensive conduct towards a Doping Control official or other Person involved in Doping
Control by an Athlete, which does not otherwise constitute Tampering, may result in a
breach under KIF's internal rules.

ARTICLE 21

ADDITIONALPERSONNEL

ROLES

AND

RESPONSIBILITIESOF

ATHLETESUPPORT

21.1

To be knowledgeable of and comply with these Anti-Doping Rules.

21.2

To cooperate with the Athlete Testing program.

21.3

To use their influence on Athlete values and behavior to foster anti-doping attitudes.

21.4

To disclose to KIF and their National Anti-Doping Organization any decision by a nonSignatory finding that they committed an anti-doping rule violation within the previous ten(10) years.

21.5

To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.
Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping
Organizations investigating anti-doping rule violations may result in a breach under KIF's
internal rules.

21.6

Athlete Support Personnel shall not Use or Possess any Prohibited Substance or
Prohibited Method without valid justification.
Any such Use or Possession may result in a breach under KIF's internal rules.

21.7

Offensive conduct towards a Doping Control official or other Person involved in Doping
Control by Athlete Support Personnel, which does not otherwise constitute Tampering,
may result in a breach under KIF's internal rules.

ARTICLE 22

ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO
THESE ANTI-DOPING RULES

22.1

To be knowledgeable of and comply with these Anti-Doping Rules.

22.2

To disclose to KIF and their National Anti-Doping Organization any decision by a nonSignatory finding that they committed an anti-doping rule violation within the previous ten(10) years.

22.3

To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.
Failure by any other Person subject to these Anti-Doping Rules to cooperate in full with
Anti-Doping Organizations investigating anti-doping rule violations may result in a breachunder KIF's internal rules.

22.4

Not to Use or Possess any Prohibited Substance or Prohibited Method without valid
justification.

52

22.5

ARTICLE 23

Offensive conduct towards a Doping Control official or other Person involved in Doping
Control by a Person, which does not otherwise constitute Tampering, may result in a
breach under KIF's internal rules.
INTERPRETATION OF THE CODE

23.1

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.

23.2

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

23.3

The Code shall be interpreted as an independent and autonomous text and not byreference to the existing law or statutes of the Signatories or governments.

23.4

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

23.5

Where the term “days” is used in the Code or an International Standard, it shall mean
calendar days unless otherwise specified.

23.6

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" forpurposes of determining sanctions under Article 10 for subsequent post-Code violations.

23.7

The Purpose, Scope and Organization of the World Anti-Doping Program and the Codeand Appendix 1, Definitions, shall be considered integral parts of the Code.

ARTICLE 24

FINAL PROVISIONS

24.1

Where the term “days” is used in these Anti-Doping Rules, it shall mean calendar days
unless otherwise specified.

24.2

These Anti-Doping Rules shall be interpreted as an independent and autonomous text
and not by reference to existing law or statutes.

24.3

These Anti-Doping Rules have been adopted pursuant to the applicable provisions of theCode and the International Standards and shall be interpreted in a manner that is
consistent with applicable provisions of the Code and the International Standards. The
Code and the International Standards shall be considered integral parts of these AntiDoping Rules and shall prevail in case of conflict.

24.4

The Introduction and Appendix 1 shall be considered integral parts of these Anti-Doping
Rules.

24.5

The comments annotating various provisions of these Anti-Doping Rules shall be used tointerpret these Anti-Doping Rules.

24.6

These Anti-Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”).
They repeal any previous version of KIF’s Anti-Doping Rules.

24.7

These Anti-Doping Rules shall not apply retroactively to matters pending before theEffective Date. However:53

73

24.7.1Anti-doping rule violations taking place prior to the Effective Date count as "first
violations" or "second violations" for purposes of determining sanctions under
Article 10 for violations taking place after the Effective Date.

24.7.2

Any anti-doping rule violation case which is pending as of the Effective Dateand any anti-doping rule violation case brought after the Effective Date basedon an anti-doping rule violation which occurred prior to the Effective Date, shallbe governed by the substantive anti-doping rules in effect at the time thealleged anti-doping rule violation occurred, and not by the substantive antidoping rules set out in these Anti-Doping Rules, unless the panel hearing thecase determines the principle of “lex mitior” appropriately applies under thecircumstances of the case. For these purposes, the retrospective periods inwhich prior violations can be considered for purposes of multiple violations
under Article 10.9.4 and the statute of limitations set forth in Article 16 areprocedural rules, not substantive rules, and should be applied retroactively
along with all of the other procedural rules in these Anti-Doping Rules(provided, however, that Article 16 shall only be applied retroactively if thestatute of limitations period has not already expired by the Effective Date).

24.7.3

Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as
those terms are defined in the International Standard for Results Management)
prior to the Effective Date shall be carried forward and may be relied upon,prior to expiry, in accordance with the International Standard for Results
Management, but it shall be deemed to have expired twelve (12) months after it
occurred.

24.7.4

With respect to cases where a final decision finding an anti-doping ruleviolation has been rendered prior to the Effective Date, but the Athlete or other
Person is still serving the period of Ineligibility as of the Effective Date, theAthlete or other Person may apply to KIF or other Anti-Doping Organization
which had Results Management responsibility for the anti-doping rule violation
to consider a reduction in the period of Ineligibility in light of these Anti-Doping
Rules. Such application must be made before the period of Ineligibility has
expired. The decision rendered may be appealed pursuant to Article 13.2.
These Anti-Doping Rules shall have no application to any case where a final
decision finding an anti-doping rule violation has been rendered and the period
of Ineligibility has expired.

24.7.5For purposes of assessing the period of Ineligibility for a second violation under
Article 10.9.1, where the sanction for the first violation was determined basedon rules in force prior to the Effective Date, the period of Ineligibility which
would have been assessed for that first violation had these Anti-Doping Rules
73
been applicable, shall be applied.

24.7.6

Changes to the Prohibited List and Technical Documents relating tosubstances or methods on the Prohibited List shall not, unless they specificallyprovide otherwise, be applied retroactively. As an exception, however, when aProhibited Substance or a Prohibited Method has been removed from theProhibited List, an Athlete or other Person currently serving a period of
Ineligibility on account of the formerly Prohibited Substance or Prohibited
Method may apply to KIF or other Anti-Doping Organization which had Results[Comment to Article 24.7.5: Other than the situation described in Article 24.7.5, where a final decision finding an anti-doping
rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served,
these Anti-Doping Rules may not be used to re-characterize the prior violation.]

54

Management responsibility for the anti-doping rule violation to consider areduction in the period of Ineligibility in light of the removal of the substance or
method from the Prohibited List.

55

APPENDIX 1

DEFINITIONS74

ADAMS: The Anti-Doping Administration and Management System is a Web-based databasemanagement tool for data entry, storage, sharing, and reporting designed to assist stakeholders and
WADA in their anti-doping operations in conjunction 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, thisdefinition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or
Prohibited Method Used for genuine and legal therapeutic purposes or other acceptable justification andshall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition
Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are notintended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Adverse Analytical Finding: A report from a WADA-accredited laboratory or other WADA-approved
laboratory that, consistent with the International Standard for Laboratories, establishes in a Sample thepresence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited
Method.
Adverse Passport Finding: A report identified as an Adverse Passport Finding as described in theapplicable International Standards.
Aggravating Circumstances: Circumstances involving, or actions by, an Athlete or other Person which
may justify the imposition of a period of Ineligibility greater than the standard sanction. Suchcircumstances and actions shall include, but are not limited to: the Athlete or other Person Used or
Possessed multiple Prohibited Substances or Prohibited Methods, Used or Possessed a Prohibited
Substance or Prohibited Method on multiple occasions or committed multiple other anti-doping ruleviolations; a normal individual would be likely to enjoy the performance-enhancing effects of the antidoping rule violation(s) beyond the otherwise applicable period of Ineligibility; the Athlete or Person
engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti-doping ruleviolation; or the Athlete or other Person engaged in Tampering during Results Management. For the
avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive andother similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility.
Anti-Doping Activities: Anti-doping Education and information, test distribution planning, maintenance of a
Registered Testing Pool, managing Athlete Biological Passports, conducting Testing, organizing analysis
of Samples, gathering of intelligence and conduct of investigations, processing of TUE applications,
Results Management, monitoring and enforcing compliance with any Consequences imposed, and allother activities related to anti-doping to be carried out by or on behalf of an Anti-Doping Organization, as
set out in the Code and/or the International Standards.
Anti-Doping Organization: WADA or a Signatory that is responsible for adopting rules for initiating,
implementing or enforcing any part of the Doping Control process. This includes, for example, theInternational Olympic Committee, the International Paralympic Committee, other Major Event
Organizations that conduct Testing at their Events, International Federations, and National Anti-Doping
Organizations.
Athlete: Any Person who competes in sport at the international level (as defined by each International
Federation) or the national level (as defined by each National Anti-Doping Organization). An Anti-Doping
Organization has discretion to apply 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 Organization
may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu ofProhibited Substances; require limited or no whereabouts information; or not require advance TUEs.
74[Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as otherparts of speech.]

56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 Organization has elected to exercise its authority to test and who competes below theinternational or national level, then the Consequences set forth in the Code must be applied. For
purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping information and Education, any
Person who participates in sport under the authority of any Signatory, government, or other sports
75
organization accepting the Code is an Athlete.
Athlete Biological Passport: The program and methods of gathering and collating data as described in theInternational Standard for Testing and Investigations 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, treating or assisting an Athlete participating in or
preparing for sports Competition.
Attempt: Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned
to culminate in the commission of an anti-doping rule violation. Provided, however, there shall be no antidoping rule violation based solely on an Attempt to commit a violation if the Person renounces the
Attempt prior 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 the International 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 theapplicable 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, a basketball 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 the rules of KIF.
Consequences of Anti-Doping Rule Violations (“Consequences”): An Athlete's or other Person's violationof an anti-doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s
results in a particular Competition or Event are invalidated, with all resulting Consequences including
forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on
account of an anti-doping rule violation for a specified period of time from participating in any Competitionor other activity or funding as provided in Article 10.14; (c) Provisional Suspension means the Athlete orother 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 violation or to recover costs associated with an anti-doping rule violation;and (e) Public Disclosure means the dissemination or distribution of information to the general public or
Persons beyond those Persons entitled to earlier notification in accordance with Article 14.
Contaminated Product: A product that contains a Prohibited Substance that is not disclosed on the
product label or in information available in a reasonable Internet search.

75[Comment to Athlete: Individuals who participate in sport may fall in one of five categories: 1) International-Level Athlete, 2)
National-Level Athlete, 3) individuals who are not International- or National-Level Athletes but over whom the International
Federation or National Anti-Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals
over whom no International Federation or National Anti-Doping Organization has, or has chosen to, exercise authority. All
International- and National-Level Athletes are subject to the anti-doping rules of the Code, with the precise definitions ofinternational and national level sport to be set forth in the anti-doping rules of the International Federations and National AntiDoping Organizations.]

57

Decision Limit: The value of the result for a threshold substance in a Sample, above which an Adverse
Analytical Finding shall be reported, as defined in the International Standard for Laboratories.
Delegated Third Party: Any Person to which KIF delegates any aspect of Doping Control or anti-doping
Education programs including, but not limited to, third parties or other Anti-Doping Organizations that
conduct Sample collection or other Doping Control services or anti-doping Educational programs for KIF,
or individuals serving as independent contractors who perform Doping Control services for KIF (e.g., nonemployee Doping Control officers or chaperones). This definition does not include CAS.
Disqualification: See Consequences of Anti-Doping Rule Violations above.
Doping Control: All steps and processes from test distribution planning through to ultimate disposition of
any appeal and the enforcement of Consequences, including all steps and processes in between,
including but not limited to Testing, investigations, whereabouts, TUEs, Sample collection and handling,laboratory analysis, Results Management and investigations or proceedings relating to violations ofArticle 10.14 (Status During Ineligibility or Provisional Suspension).
Education: The process of learning to instill values and develop behaviors that foster and protect the spiritof sport, and to prevent intentional and unintentional doping.
Event: A series of individual Competitions conducted together under one ruling body (e.g., the Olympic
Games, World Championships of an International Federation, or Pan American Games).
Event Period: The time between the beginning and end of an Event, as established by the ruling body of
the Event.
Event Venues: Those venues so designated by the ruling body for the Event.
Fault: Fault is any breach of duty or any lack of care appropriate to a particular situation. Factors to betaken into consideration in assessing an Athlete’s 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 Protected Person,
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 havebeen the perceived level of risk. In assessing the Athlete’s or other Person’s degree of Fault, thecircumstances considered must be specific and relevant to explain the Athlete’s or other Person’s
departure from the expected standard of behavior. Thus, for example, the fact that an Athlete would lose
the opportunity to earn large sums of money during a period of Ineligibility, or the fact that the Athlete only
has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be76
considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.
Financial Consequences: See Consequences of Anti-Doping Rule Violations above.
In-Competition: The period commencing at 11:59 p.m. on the day before a Competition in which the
Athlete is scheduled to participate through the end of such Competition and the Sample collection
77
process related to such Competition.

76

77[Comment to Fault: The criterion for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to beconsidered. However, under Article 10.6.2, 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.][Comment to In-Competition: Having a universally accepted definition for In-Competition provides greater harmonization among
Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In-Competition
Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in preventing any
potential performance enhancement benefits from Substances prohibited Out-of-Competition being carried over to theCompetition period.]58

Independent Observer Program: A team of observers and/or auditors, under the supervision of WADA,
who observe and provide guidance on the Doping Control process prior to or during certain Events andreport on their observations as part of WADA’s compliance monitoring program.
Individual Sport: Any sport that is not a Team Sport.
Ineligibility: See Consequences of Anti-Doping Rule Violations above.
Institutional Independence: Hearing panels on appeal shall be fully independent institutionally from theAnti-Doping Organization responsible for Results Management. They must therefore not in any way be
administered by, connected or subject to the Anti-Doping Organization responsible for Results
Management.
International Event: An Event or Competition where the International Olympic Committee, theInternational Paralympic Committee, an International Federation, a Major Event Organization, or anotherinternational sport organization is the ruling body for the Event or appoints the technical officials for the
Event.
International-Level Athlete: Athletes who compete in sport at the international level, as defined by each
International Federation, consistent with the International Standard for Testing and Investigations. For the
sport of Kudo, International-Level Athletes are defined as set out in the Scope section of the Introduction78
to these Anti-Doping Rules.
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.
Major Event Organizations: The continental associations of National Olympic Committees and otherinternational multi-sport organizations that function as the ruling body for any continental, regional orother 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.
Minimum Reporting Level: The estimated concentration of a Prohibited Substance or its Metabolite(s) orMarker(s) in a Sample below which WADA-accredited laboratories should not report that Sample as anAdverse Analytical Finding.
Minor: A natural Person who has not reached the age of eighteen (18) years.
National Anti-Doping Organization: The entity(ies) designated by each country as possessing the primaryauthority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples,manage test results and conduct Results Management at the national level. If this designation has notbeen made by the competent public authority(ies), the entity shall be the country’s National Olympic
Committee or its designee.
78[Comment to International-Level Athlete: Consistent with the International Standard for Testing and Investigations, KIF is free todetermine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particularInternational Events, by type of license, etc. However, it must publish those criteria in clear and concise form, so that Athletes
are able to ascertain quickly and easily when they will become classified as International-Level Athletes. For example, if thecriteria include participation in certain International Events, then the International Federation must publish a list of thoseInternational Events.]

59

National Event: A sport Event or Competition involving International- or National-Level Athletes that is not
an International Event.
National Federation: A national or regional entity which is a member of or is recognized by KIF as theentity governing KIF's sport in that nation or region.
National-Level Athlete: Athletes who compete in sport at the national level, as defined by each National
Anti-Doping Organization, consistent with the International Standard for Testing and Investigations.
National Olympic Committee: The organization recognized 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
the anti-doping area.
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 even with 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 Protected Person or Recreational Athlete, for any violation of
Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.
No Significant Fault or Negligence: The Athlete or other Person's establishing that any Fault or
Negligence, when viewed in the totality of the circumstances and taking into account the criteria for No
Fault or Negligence, was not significant in relationship to the anti-doping rule violation. Except in the caseof a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must alsoestablish how the Prohibited Substance entered the Athlete’s system.
Operational Independence: This means that (1) board members, staff members, commission members,
consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its
affiliates (e.g., member federation or confederation), as well as any Person involved in the investigationand pre-adjudication of the matter cannot be appointed as members and/or clerks (to the extent that suchclerk is involved in the deliberation process and/or drafting of any decision) of hearing panels of that AntiDoping Organization with responsibility for Results Management and (2) hearing panels shall be in aposition to conduct the hearing and decision-making process without interference from the Anti-Doping
Organization or any third party. The objective is to ensure that members of the hearing panel orindividuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of,or decisions to proceed with, the case.
Out-of-Competition: Any period which is not In-Competition.
Participant: Any Athlete or Athlete Support Person.
Person: A natural Person or an organization or other entity.
Possession: The actual, physical Possession, or the constructive Possession (which shall 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 the presence of the Prohibited
Substance or Prohibited Method and intended to exercise control over it. Provided, however, there shallbe no anti-doping rule violation 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 Organization. Notwithstanding anything to the contrary in this60

definition, the purchase (including by any electronic or other means) of a Prohibited Substance or
79
Prohibited Method constitutes Possession by the Person who makes the purchase.
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 the Prohibited List.
Protected Person: An Athlete or other natural Person who at the time of the anti-doping rule violation: (i)has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is
not included in any Registered Testing Pool and has never competed in any International Event in an
open category; or (iii) for reasons other than age has been determined to lack legal capacity under80
applicable national legislation.
Provisional Hearing: For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to ahearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either
81
written or oral form.
Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.
Publicly Disclose: See Consequences of Anti-Doping Rule Violations above.
Recreational Athlete: A natural Person who is so defined by the relevant National Anti-Doping
Organization; provided, however, the term shall not include any Person who, within the five (5) years prior
to committing any anti-doping rule violation, has been an International-Level Athlete (as defined by each
International Federation consistent with the International Standard for Testing and Investigations) or
National-Level Athlete (as defined by each National Anti-Doping Organization consistent with theInternational Standard for Testing and Investigations), has represented any country in an International
Event in an open category or has been included within any Registered Testing Pool or other whereabouts
82
information pool maintained by any International Federation or National Anti-Doping Organization.
Regional Anti-Doping Organization: A regional entity designated by member countries to coordinate andmanage delegated areas of their national anti-doping programs, which may include the adoption andimplementation of anti-doping rules, the planning and collection of Samples, the management of results,
the review of TUEs, the conduct of hearings, and the conduct of Educational programs at a regional level.

79

80

81

82

[Comment to Possession: Under this definition, anabolic steroids found in an Athlete's car would constitute a violation unless the
Athlete establishes that someone else used the car; in that event, KIF must establish that, even though the Athlete did not haveexclusive control over the car, the Athlete knew about the anabolic steroids and intended to have control over them. Similarly, inthe example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, KIF must
establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control overthem. The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does
not arrive, is received by someone else, or is sent to a third-party address.][Comment to Protected Person: The Code treats Protected Persons differently than other Athletes or Persons in certain
circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may notpossess the mental capacity to understand and appreciate the prohibitions against conduct contained in the Code. This would
include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment. The term
“open category” is meant to exclude competition that is limited to junior or age group categories.][Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review ofthe facts of the case. Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits ofthe case. By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an
expedited time schedule.][Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age
group categories.]

61

Registered Testing Pool: The pool of highest-priority Athletes established separately at the international
level by International Federations and at the national level by National Anti-Doping Organizations, who
are subject to focused In-Competition and Out-of-Competition Testing as part of that International
Federation's or National Anti-Doping Organization's test distribution plan and therefore are required toprovide whereabouts information as provided in Article 5.5 and the International Standard for Testing andInvestigations.
Results Management: The process encompassing the timeframe between notification as per Article 5 of
the International Standard for Results Management, or in certain cases (e.g., Atypical Finding, Athlete
Biological Passport, whereabouts failure), such pre-notification steps expressly provided for in Article 5 of
the International Standard for Results Management, through the charge until the final resolution of thematter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged).
83
Sample or Specimen: Any biological material collected for the purposes of Doping Control.
Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in
Article 23 of the Code.
Specified Method: See Article 4.2.2.
Specified Substance: See Article 4.2.2.
Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent,
Fault, Negligence, or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organizationin order to establish an anti-doping rule violation.
Substance of Abuse: See Article 4.2.3.
Substantial Assistance: For purposes of Article 10.7.1, a Person providing Substantial Assistance must:(1) fully disclose in a signed written statement or recorded interview all information he or she possesses inrelation to anti-doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully
cooperate with the investigation and adjudication of any case or matter related to that information,
including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping
Organization or hearing panel. Further, the information provided must be credible and must comprise animportant part of any case or proceeding which is initiated or, if no case or proceeding is initiated, musthave provided a sufficient basis on which a case or proceeding could have been brought.
Tampering: Intentional conduct which subverts the Doping Control process but which would not otherwise
be included in the definition of Prohibited Methods. Tampering shall include, without limitation, offering or
accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample, affecting or
making impossible the analysis of a Sample, falsifying documents submitted to an Anti-Doping
Organization or TUE committee or hearing panel, procuring false testimony from witnesses, committing
any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results
Management or the imposition of Consequences, and any other similar intentional interference or84
Attempted interference with any aspect of Doping Control.
Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International
Standard for Testing and Investigations.
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84[Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets ofcertain religious or cultural groups. It has been determined that there is no basis for any such claim.][Comment to Tampering: For example, this Article would prohibit altering identification numbers on a Doping Control form during
Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a foreign substance, or
intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping
Control process. Tampering includes misconduct which occurs during the Results Management process. See Article 10.9.3.3.
However, actions taken as part of a Person's legitimate defense to an anti-doping rule violation charge shall not be considered
Tampering. Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does nototherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations.]

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Team Sport: A sport in which the substitution of players is permitted during a Competition.
Technical Document: A document adopted and published by WADA from time to time containing
mandatory technical requirements on specific anti-doping topics as set forth in an International Standard.
Testing: The parts of the Doping Control process involving test distribution planning, Sample collection,
Sample handling, and Sample transport to the laboratory.
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical
condition to Use a Prohibited Substance or Prohibited Method, but only if the conditions set out in Article
4.4 and the International Standard for Therapeutic Use Exemptions are met.
Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such
purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or othermeans) by an Athlete, Athlete Support Person or any other Person subject to the authority of an AntiDoping Organization to any third party; provided, however, this definition shall not include the actions ofbona fide medical personnel involving a Prohibited Substance Used for genuine and legal therapeutic
purposes or other acceptable justification, and shall not include actions involving Prohibited Substances
which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstratesuch Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended
to enhance sport performance.
rd

UNESCO Convention: The International Convention against Doping in Sport adopted by the 33 sessionof the UNESCO General Conference on 19 October 2005 including any and all amendments adopted by
the States Parties to the Convention and the Conference of Parties to the International Convention
against Doping in Sport.
Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any
Prohibited Substance or Prohibited Method.
WADA: The World Anti-Doping Agency.
Without Prejudice Agreement: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between
an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person toprovide information to the Anti-Doping Organization in a defined time-limited setting with theunderstanding that, if an agreement for Substantial Assistance or a case resolution agreement is not
finalized, the information provided by the Athlete or other Person in this particular setting may not be usedby the Anti-Doping Organization against the Athlete or other Person in any Results Management
proceeding under the Code, and that the information provided by the Anti-Doping Organization in thisparticular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in
any Results Management proceeding under the Code. Such an agreement shall not preclude the AntiDoping Organization, Athlete or other Person from using any information or evidence gathered from any
source other than during the specific time-limited setting described in the agreement.

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