FIK’S
ANTI-DOPING RULES
2021

Adopted on October 27, 2020
Effective on 1 January 2021

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

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

ARTICLE 2

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

ARTICLE 3

PROOF OF DOPING ................................................................................................................... 11

ARTICLE 4

THE PROHIBITED LIST ............................................................................................................... 13

ARTICLE 5

TESTING AND INVESTIGATIONS ................................................................................................ 19

ARTICLE 6

ANALYSIS OF SAMPLES ............................................................................................................. 23

ARTICLE 7

RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONALSUSPENSIONS ........................................................................................................................... 26

ARTICLE 8

RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ..... 30

ARTICLE 9

AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ....................................................... 33

ARTICLE 10SANCTIONS ON INDIVIDUALS ................................................................................................... 33

ARTICLE 11

CONSEQUENCES TO TEAMS ...................................................................................................... 49

ARTICLE 12SANCTIONS BY FIK AGAINST OTHER SPORTING BODIES ........................................................... 49

ARTICLE 13

RESULTS MANAGEMENT: APPEALS .......................................................................................... 49

ARTICLE 14

CONFIDENTIALITY AND REPORTING ......................................................................................... 54

ARTICLE 15

IMPLEMENTATION OF DECISIONS ............................................................................................ 59

ARTICLE 16

STATUTE OF LIMITATIONS ........................................................................................................ 61

ARTICLE 17

EDUCATION .............................................................................................................................. 61

ARTICLE 18

ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ................................ 61

ARTICLE 19

ADDITIONAL ROLES AND RESPONSIBILITIES OF FIK .................................................................. 63

ARTICLE 20

ADDITIONAL ROLES AND RESPONSIBILITIES OF SHIAI-SHA ....................................................... 63

ARTICLE 21

ADDITIONAL ROLES AND RESPONSIBILITIES OF SHIAI-SHA SUPPORT PERSONNEL .................... 64

ARTICLE 22

ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTIDOPING RULES ......................................................................................................................... 64

ARTICLE 23

INTERPRETATION OF THE CODE................................................................................................ 65

ARTICLE 24

FINAL PROVISIONS ................................................................................................................... 66

APPENDIX 1 DEFINITIONS............................................................................................................................. 68

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FIK ANTI-DOPING RULESINTRODUCTION
Preface
The concept of Kendo is “to discipline the human character through the applicationof the principles of the Katana (sword)”. On the basis of the concept of kendo,
purpose of International Kendo Federation (“FIK”), “The Regulations of Kendo
Shiai and Shinpan” are stipulated. These Anti-Doping Rules, like the Regulationsof Kendo Shiai and Shinpan, are in furtherance of FIK's continuing efforts toprevent doping in Kendo, Iaido and Jodo (the “Disciplines”).
The Use of Prohibited Substances or Prohibited Methods conflicts with Shiai-sha’s(Athlete’s) health, the concept of Kendo and the purpose of Shiai Regulations andRefereeing rules for the Disciplines. Shiai-sha is synonymous with the term
“Athlete” in the revised 2021 World Anti-Doping Code (“Code”); Shiai issynonymous with the term “Competition” in the Code.
Since this FIK’s position is harmonized with the philosophy provided by the World
Anti-Doping Agency (“WADA”), FIK accepts the Code, condemns Shiai-sha’s
doping, and makes any effort to prevent it.
In the FIK Board of Directors Meeting held on 27/10/2020, FIK accepted the Code.
The present Anti-Doping Rules are adopted and implemented in conformity with
FIK’s responsibilities under the Code, and in furtherance of FIK's continuing efforts
to eradicate doping in sport.
These Anti-Doping Rules are sport rules governing the conditions under which theDisciplines are played. Aimed at enforcing anti-doping rules in a global andharmonized manner, they are distinct in nature from criminal and civil laws. They
are not intended to be subject to or limited by any national requirements and legal
standards applicable to criminal or civil proceedings, although they are intended
to be applied in a manner which respects the principles of proportionality andhuman rights. When reviewing the facts and the law of a given case, all courts,
arbitral tribunals and other adjudicating bodies should be aware of and respect
the distinct nature of these Anti-Doping Rules, which implement the Code, and thefact that these rules represent the consensus of a broad spectrum of stakeholders
around the world as to what is necessary to protect and ensure fair sport.
As provided in the Code, FIK shall be responsible for conducting all aspects of
Doping Control. Any aspect of Doping Control or anti-doping Education may bedelegated by FIK to a Delegated Third Party, such as the International Testing
Agency (ITA), however, FIK shall require the Delegated Third Party to perform
such aspects in compliance with the Code, International Standards, and theseAnti-Doping Rules. FIK may delegate its adjudication responsibilities and Results
Management to the CAS Anti-Doping Division.
When FIK has delegated its responsibilities to implement part or all of Doping
Control to the Delegated Third Party, any reference to FIK in these Rules should
be intended as a reference to that Delegated Third Party, where applicable andwithin the context of the aforementioned delegation. FIK shall always remain fully

FIK 2021_AD_Rules_20210329- 3 / 79 -

responsible for ensuring that any delegated aspects are performed in compliancewith 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 theseAnti-Doping Rules.
Fundamental Rationale for the Code and FIK'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 humanexcellence through the dedicated perfection of each Shiai-sha’s natural talents.
Anti-doping programs seek to protect the health of Shiai-sha and to provide theopportunity for Shiai-sha to pursue human excellence without the Use ofProhibited Substances and Prohibited Methods.
Anti-doping programs seek to maintain the integrity of sport in terms of respect
for rules, other Shiai-sha, fair Shiai, 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 theessence of Olympism and is reflected in the values we find in and through sport,
including:
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HealthEthics, fair play and honesty
Shiai-sha’s rights as set forth in the Code
Excellence in performance
Character and Education
Fun and joy
Teamwork
Dedication and commitment
Respect for rules and laws
Respect for self and other Participants
CourageCommunity and solidarity

The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.

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Scope of these Anti-Doping Rules
These Anti-Doping Rules shall apply to:(a) FIK, including its board members, directors, officers and specified
employees, and Delegated Third Parties and their employees, who are
involved in any aspect of Doping Control;(b) each of its National Federations, including their board members, directors,

officers and specified employees, and Delegated Third Parties and theiremployees, who are involved in any aspect of Doping Control;(c) the following Shiai-sha, Shiai-sha Support Personnel and other Persons:(i) all Shiai-sha and Shiai-sha Support Personnel who are members of
FIK, or of any Regional Federation and National Federation of FIK,
or of any member or affiliate organization of any Regional Federation
and National Federation (including any clubs, teams, associations,or leagues);(ii) all Shiai-sha and Shiai-sha Support Personnel who participate in suchcapacity in Events, Shiai and other activities organized, convened,authorized or recognized by FIK, or any Regional Federation andNational Federation, or by any member or affiliate organization of
any Regional Federation and National Federation (including any clubs,
teams, associations, or leagues), wherever held;(iii) any other Shiai-sha or Shiai-sha Support Personnel or other Person
who, by virtue of an accreditation, a license or other contractual
arrangement, or otherwise, is subject to the authority of FIK, or of
any Regional Federation and National Federation, or of any member
or affiliate organization of any Regional Federation and National
Federation (including any clubs, teams, associations, or leagues), forpurposes of anti-doping; and(iv) Shiai-sha who are not regular members of FIK or of one of its
Regional Federation and National Federations but who want to beeligible to compete in a particular International Event.

Each of the abovementioned Persons is deemed, as a condition of his or her
participation or involvement in the sport, including participation in Events, Shiai
and other activities organized, convened, authorized or recognized by FIK, to haveagreed to and be bound by these Anti-Doping Rules, and to have submitted to theauthority of FIK 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 cases and appeals brought underthese Anti-Doping Rules.1
1[Comment: Where the Code requires a Person other than a Shiai-sha or Shiai-sha Support Person to be bound by the Code,such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti-doping
rule violation 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 Codeis subject to applicable law.
FIK shall ensure that, as per Article 19 of these Anti-Doping Rules, any arrangements with their board members, directors,
officers, and specified employees, as well as with the Delegated Third Parties and their employees – either employment,
contractual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree tocomply with these Anti-Doping Rules, and agree on the FIK’s authority to solve the anti-doping cases.]

FIK 2021_AD_Rules_20210329- 5 / 79 -Within the overall pool of Shiai-sha set out above who are bound by and required
to comply with these Anti-Doping Rules, the following Shiai-sha shall beconsidered to be International-Level Shiai-sha for purposes of these Anti-Doping
Rules, and therefore the specific provisions in these Anti-Doping Rules applicable
to International-Level Shiai-sha (as regards Testing but also as regards TUEs,
whereabouts information, Results Management, and appeals) shall apply to such
Shiai-sha:a. Shiai-sha who compete in the World Kendo Championships;
b. All Shiai-sha included in the FIK’s Registered Testing Pool, Testing Pooland any other pool if established by FIK.
ARTICLE 1 DEFINITION OF DOPING
Doping is defined as the occurrence of one or more of the anti-doping ruleviolations set forth in Article 2.1 through Article 2.11 of these Anti-Doping Rules.
ARTICLE 2 ANTI-DOPING RULE VIOLATIONS
The purpose of Article 2 is to specify the circumstances and conduct whichconstitute anti-doping rule violations. Hearings in doping cases will proceed basedon the assertion that one or more of these specific rules have been violated.
Shiai-sha or other Persons shall be responsible for knowing what constitutes ananti-doping rule violation and the substances and methods which have been
included on the Prohibited List.
The following constitute anti-doping rule violations:
2.1

Presence of a Prohibited Substance or its Metabolites orMarkers in a Shiai-sha’s Sample
2.1.1 It is the Shiai-sha’s personal duty to ensure that no Prohibited
Substance enters their bodies. Shiai-sha are responsible for any
Prohibited Substance or its Metabolites or Markers found to bepresent in their Samples. Accordingly, it is not necessary that intent,
Fault, Negligence or knowing Use on the Shiai-sha’s part bedemonstrated in order to establish an anti-doping rule violation under
Article 2.1.2
2.1.2 Sufficient proof of an anti-doping rule violation under Article
2.1 is established by any of the following: presence of a Prohibited
Substance or its Metabolites or Markers in the Shiai-sha’s A Sample
where the Shiai-sha waives analysis of the B Sample and the B
Sample is not analyzed; or, where the Shiai-sha’s B Sample isanalyzed and the analysis of the Shiai-sha’s B Sample confirms thepresence of the Prohibited Substance or its Metabolites or Markers

2[Comment to Article 2.1.1: An anti-doping rule violation is committed under this Article without regard to a
Shiai-sha’s Fault. This rule has been referred to in various CAS decisions as “Strict Liability”. A Shiai-sha’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.]

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found in the Shiai-sha’s A Sample; or where the Shiai-sha’s A or B
Sample is split into two (2) parts and the analysis of the confirmation
part of the split Sample confirms the presence of the Prohibited
Substance or its Metabolites or Markers found in the first part of the
split Sample or the Shiai-sha waives analysis of the confirmation partof the split Sample.3
2.1.3 Excepting those substances for which a Decision Limit isspecifically 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 a Shiai-sha’s Sample shall constitute ananti-doping rule violation.
2.1.4 As an exception to the general rule of Article 2.1, theProhibited List, International Standards or Technical Documents may
establish special criteria for reporting or the evaluation of certain
Prohibited Substances.
2.2

Use or Attempted Use by a Shiai-sha of a Prohibited Substanceor a Prohibited Method 4
2.2.1 It is the Shiai-sha’s personal duty to ensure that no Prohibited
Substance enters their bodies and that no Prohibited Method is Used.
Accordingly, it is not necessary that intent, Fault, Negligence or
knowing Use on the Shiai-sha’s part be demonstrated in order toestablish an anti-doping rule violation for Use of a Prohibited
Substance or a Prohibited Method.
2.2.2 The success or failure of the Use or Attempted Use of a
Prohibited Substance or Prohibited Method is not material. It issufficient that the Prohibited Substance or Prohibited Method wasUsed or Attempted to be Used for an anti-doping rule violation to becommitted.5

3[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 Shiai-sha does not request the analysis of the B Sample.]

4[Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited
Method may be established by any reliable means. As noted in the Comment to Article 3.2, unlike the proof required toestablish an anti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliablemeans such as admissions by the Shiai-sha, 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 nototherwise satisfy all the requirements to establish “Presence” of a Prohibited Substance under Article 2.1.
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
proof of intent on the Shiai-sha’s part. The fact that intent may be required to prove this particular anti-doping rule violation
does not undermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respectof Use of a Prohibited Substance or Prohibited Method.
A Shiai-sha’s Use of a Prohibited Substance constitutes an anti-doping rule violation unless such Substance is not prohibited
Out-of-Competition and the Shiai-sha’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 whenthat Substance might have been administered.)]FIK 2021_AD_Rules_20210329- 7 / 79 -

2.3

Evading, Refusing or Failing to Submit to Sample Collection bya Shiai-sha

Evading Sample collection; or refusing or failing to submit to Sample
collection without compelling justification after notification by a duly
authorized Person.6
2.4

Whereabouts Failures by a Shiai-sha

Any combination of three (3) missed tests and/or filing failures, as defined in
the International Standard for Results Management, within a twelve (12)month period by a Shiai-sha in a Registered Testing Pool.
2.5

Tampering or Attempted Tampering with any Part of Doping
Control by a Shiai-sha or Other Person

2.6

Possession of a Prohibited Substance or a Prohibited Methodby a Shiai-sha or Shiai-sha Support Person
2.6.1 Possession by a Shiai-sha In-Competition of any Prohibited
Substance or any Prohibited Method, or Possession by a Shiai-sha
Out-of-Competition of any Prohibited Substance or any Prohibited
Method which is prohibited Out-of-Competition unless the Shiai-sha
establishes that the Possession is consistent with a Therapeutic Use
Exemption (“TUE”) granted in accordance with Article 4.4 or otheracceptable justification.
2.6.2 Possession by a Shiai-sha Support Person In-Competition of
any Prohibited Substance or any Prohibited Method, or Possession bya Shiai-sha Support Person Out-of-Competition of any Prohibited
Substance or any Prohibited Method which is prohibited Out-ofCompetition in connection with a Shiai-sha, Shiai or training, unless
the Shiai-sha Support Person establishes that the Possession isconsistent with a TUE granted to a Shiai-sha in accordance with
Article 4.4 or other acceptable justification.7

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 a Shiai-sha was deliberately avoiding a Doping Control official to evade notificationor Testing. A violation of “failing to submit to Sample collection” may be based on either intentional or
negligent conduct of the Shiai-sha, while “evading” or “refusing” Sample collection contemplates intentional
conduct by the Shiai-sha.]7[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 Shiai-sha ora team doctor carrying Prohibited Substances or Prohibited Methods for dealing with acute and emergency
situations (e.g., an epinephrine auto-injector), or (b) an Shiai-sha Possessing a Prohibited Substance or
Prohibited Method for therapeutic reasons shortly prior to applying for and receiving a determination on a
TUE.]

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2.7

Trafficking or Attempted Trafficking in any Prohibited
Substance or Prohibited Method by a Shiai-sha or Other
Person2.8Administration or Attempted Administration by a Shiai-sha or
Other Person to any Shiai-sha In-Competition of any
Prohibited Substance or Prohibited Method, or Administrationor Attempted Administration to any Shiai-sha Out-ofCompetition of any Prohibited Substance or any Prohibited
Method that is Prohibited Out-of-Competition

2.9

Complicity or Attempted Complicity by a Shiai-sha or Other
PersonAssisting, encouraging, aiding, abetting, conspiring, covering up or any
other type of intentional complicity or Attempted complicity involving ananti-doping rule violation, Attempted anti-doping rule violation or violationof Article 10.14.1 by another Person.8
2.10 Prohibited Association by a Shiai-sha or Other Person
2.10.1 Association by a Shiai-sha or other Person subject to theauthority of an Anti-Doping Organization in a professional or sportrelated capacity with any Shiai-sha Support Person who:
2.10.1.1 If subject to the authority of an Anti-Doping
Organization, is serving a period of Ineligibility; or
2.10.1.2 If not subject to the authority of an Anti-Doping
Organization and where Ineligibility has not beenaddressed in a Results Management process
pursuant to the Code, has been convicted or foundin a criminal, disciplinary or professional proceeding
to have engaged in conduct which would haveconstituted a violation of anti-doping rules if Codecompliant rules had been applicable to such Person.
The disqualifying status of such Person shall be inforce for the longer of six (6) years from the criminal,
professional or disciplinary decision or the durationof the criminal, disciplinary or professional sanction
imposed; or
2.10.1.3 Is serving as a front or intermediary for anindividual described in Article 2.10.1.1 or 2.10.1.2.
2.10.2 To establish a violation of Article 2.10, an Anti-Doping
Organization must establish that the Shiai-sha or other Person knew of
the Shiai-sha Support Person’s disqualifying status.
8[Comment to Articles 2.9: Complicity or Attempted Complicity may include either physical or psychologicalassistance.]

FIK 2021_AD_Rules_20210329- 9 / 79 -The burden shall be on the Shiai-sha or other Person to establish thatany association with a Shiai-sha 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 Shiai-sha Support
Personnel who meet the criteria described in Article 2.10.1.1, 2.10.1.2,
or 2.10.1.3 shall submit that information to WADA.9
2.11 Acts by a Shiai-sha or Other Person to Discourage or Retaliate
Against Reporting to Authorities
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 Personwith the intent of discouraging the Person from the good-faithreporting of information that relates to an alleged anti-doping ruleviolation or alleged non-compliance with the Code to WADA, an AntiDoping Organization, law enforcement, regulatory or professional
disciplinary body, hearing body or Person conducting an investigation
for WADA or an Anti-Doping Organization.
2.11.2 Retaliation against a Person who, in good faith, has provided
evidence or information that relates to an alleged anti-doping ruleviolation or alleged non-compliance with the Code to WADA, an AntiDoping 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 or is a disproportionate response.10

9[Comment to Article 2.10: Shiai-sha and other Persons must not work with coaches, trainers, physicians or other Shiai-sha
Support Personnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or
professionally disciplined in relation to doping. This also prohibits association with any other Shiai-sha who is acting as acoach or Shiai-sha Support Person while serving a period of Ineligibility. Some examples of the types ofassociation which are prohibited include: obtaining training, strategy, technique, nutrition or medical advice;obtaining therapy, treatment or prescriptions; providing any bodily products for analysis; or allowing the
Shiai-sha 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 Shiai-sha or other Person about
the Shiai-sha Support Person’s disqualifying status, such notice, if provided, would be important evidence toestablish that the Shiai-sha or other Person knew about the disqualifying status of the Shiai-sha Support
Person.]10[Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, anddoes not protect Persons who knowingly make false reports.][Comment to Article 2.11.2: Retaliation would include, for example, actions that threaten the physical ormental 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, a report is not made in good faith where the Person making
the report knows the report to be false.]

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ARTICLE 3 PROOF OF DOPING
3.1

Burdens and Standards of ProofFIK shall have the burden of establishing that an anti-doping rule violation
has occurred. The standard of proof shall be whether FIK has establishedan anti-doping rule violation to the comfortable satisfaction of the hearing
panel bearing in mind the seriousness of the allegation 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 burden of proof upon the Shiai-sha 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 Articles
3.2.2 and 3.2.3, the standard of proof shall be by a balance of probability.11
3.2

Methods of Establishing Facts and Presumptions

Facts related to anti-doping rule violations may be established by any
reliable means, including admissions.12 The following rules of proof shall beapplicable in doping cases:
3.2.1 Analytical methods or Decision Limits approved by WADA
after consultation within the relevant scientific community or whichhave been the subject of peer review are presumed to be scientificallyvalid. Any Shiai-sha or other Person seeking to challenge whether theconditions for such presumption have been met or to rebut thispresumption of scientific validity shall, as a condition precedent toany such challenge, first notify WADA of the challenge and the basisof 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 casefile related to such challenge, WADA shall also have the right tointervene 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 scientific expert to assist
the panel in its evaluation of the challenge.13

11[Comment to Article 3.1: This standard of proof required to be met by FIK is comparable to the standard
which is applied in most countries to cases involving professional misconduct.]12[Comment to Article 3.2: For example, FIK may establish an anti-doping rule violation under Article 2.2 basedon the Shiai-sha’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 Shiai-sha’s blood or urine Samples, such as data from the Athlete Biological
Passport.]

13[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 theProhibited Substance or its Metabolites or Markers 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, the laboratory’s estimatedconcentration 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.]

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3.2.2 WADA-accredited laboratories, and other laboratories
approved by WADA, are presumed to have conducted Sample
analysis and custodial procedures in accordance with theInternational Standard for Laboratories. The Shiai-sha or other
Person may rebut this presumption by establishing that a departurefrom the International Standard for Laboratories occurred which
could reasonably have caused the Adverse Analytical Finding.
If the Shiai-sha or other Person rebuts the preceding presumption by
showing that a departure from the International Standard forLaboratories occurred which could reasonably have caused theAdverse Analytical Finding, then FIK shall have the burden to
establish that such departure did not cause the Adverse Analytical
Finding.14
3.2.3 Departures from any other International Standard or otheranti-doping rule or policy set forth in the Code or these Anti-Doping
Rules shall not invalidate analytical results or other evidence of ananti-doping rule violation, and shall not constitute a defense to ananti-doping rule violation;15 provided, however, if the Shiai-sha orother Person establishes that a departure from one of the specificInternational Standard provisions listed below could reasonably havecaused an anti-doping rule violation based on an Adverse Analytical
Finding or whereabouts failure, then FIK shall have the burden to
establish that such departure did not cause the Adverse Analytical
Finding or the whereabouts failure:(i)a departure from the International Standard for Testing
and Investigations related to Sample collection or Sample
handling which could reasonably have caused an antidoping rule violation based on an Adverse Analytical
Finding, in which case FIK shall have the burden to
establish that such departure did not cause the Adverse
Analytical Finding;(ii) a departure from the International Standard for Results
Management or International Standard for Testing andInvestigations related to an Adverse Passport Finding
14[Comment to Article 3.2.2: The burden is on the Shiai-sha or other Person to establish, by a balance of
probability, a departure from the International Standard for Laboratories that could reasonably have caused
the Adverse Analytical Finding. Thus, once the Shiai-sha or other Person establishes the departure by abalance of probability, the Shiai-sha or other Person’s burden on causation is the somewhat lower standardof proof – “could reasonably have caused.” If the Shiai-sha or other Person satisfies these standards, theburden shifts to FIK to prove to the comfortable satisfaction of the hearing panel that the departure did notcause the Adverse Analytical Finding.]

15[Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample
collection or handling, Adverse Passport Finding, or Shiai-sha notification relating to whereabouts failure or B
Sample opening – e.g., the International Standard for Education, International Standard for the Protection ofPrivacy and Personal Information or International Standard for Therapeutic Use Exemptions – may result incompliance proceedings by WADA but are not a defense in an anti-doping rule violation proceeding and are
not relevant on the issue of whether the Shiai-sha committed an anti-doping rule violation. Similarly, FIK’sviolation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an antidoping rule violation.]

FIK 2021_AD_Rules_20210329- 12 / 79 -

which could reasonably have caused an anti-doping ruleviolation, in which case FIK shall have the burden to
establish that such departure did not cause the anti-doping
rule violation;(iii) a departure from the International Standard for Results
Management related to the requirement to provide noticeto the Shiai-sha of the B Sample opening which could
reasonably have caused an anti-doping rule violation basedon an Adverse Analytical Finding, in which case FIK shallhave the burden to establish that such departure did notcause the Adverse Analytical Finding;16(iv) a departure from the International Standard for Results
Management related to Shiai-sha notification which could
reasonably have caused an anti-doping rule violation basedon a whereabouts failure, in which case FIK shall have theburden to establish that such departure did not cause thewhereabouts failure.
3.2.4 The facts established by a decision of a court or professional
disciplinary tribunal of competent jurisdiction which is not the subjectof a pending appeal shall be irrebuttable evidence against the Shiaisha or other Person to whom the decision pertained of those facts
unless the Shiai-sha or other Person establishes that the decision
violated principles of natural justice.
3.2.5 The hearing panel in a hearing on an anti-doping rule violation
may draw an inference adverse to the Shiai-sha or other Person who
is asserted to have committed an anti-doping rule violation based on
the Shiai-sha’s or other Person’s refusal, after a request made in areasonable time in advance of the hearing, to appear at the hearing(either in person or telephonically as directed by the hearing panel)and to answer questions from the hearing panel or FIK.
ARTICLE 4 THE PROHIBITED LIST
4.1

Incorporation of the Prohibited List

These Anti-Doping Rules incorporate the Prohibited List, which is publishedand 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 FIK or its Regional Federations and National Federations. All Shiai-sha
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
16[Comment to Article 3.2.3 (iii): FIK would meet its burden to establish that such departure did not cause theAdverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observedby an independent witness and no irregularities were observed.]

FIK 2021_AD_Rules_20210329- 13 / 79 -the responsibility of all Shiai-sha and other Persons to familiarize
themselves with the most up-to-date version of the Prohibited List and allrevisions thereto.
FIK shall provide its Regional Federations and National Federations with themost recent version of the Prohibited List. Each Regional Federation andeach National Federation shall in turn ensure that its members, and theconstituents of its members, are also provided with the most recent versionof the Prohibited List.17
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 andProhibited Methods which are prohibited as doping at all times (bothIn-Competition and Out-of-Competition) because of their potential toenhance performance in future Shiai or their masking potential, andthose substances and methods which are prohibited In-Competition
only. The Prohibited List may be expanded by WADA for a particularsport. 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 substance or
method.18
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 a Specified Method unless it is specifically
identified as a Specified Method on the Prohibited List.19
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

17

[Comment to Article 4.1: The current Prohibited List is available on WADA's website at https://www.wadaama.org. The Prohibited List will be revised and published on an expedited basis whenever the need arises.
However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes
have been made.]

18[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 orMarkers is reported for a Sample collected In-Competition.]

20[Comment to Article 4.2.2: The Specified Substances and Methods identified in Article 4.2.2 should not in any
way be considered less important or less dangerous than other doping Substances or Methods. Rather, they
are simply Substances and Methods which are more likely to have been consumed or used by a Shiai-sha fora purpose other than the enhancement of sport performance.]

FIK 2021_AD_Rules_20210329- 14 / 79 -

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, the classification of a substance asprohibited 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 a
Shiai-sha or other Person including, but not limited to, any challenge basedon 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 the spirit of sport.
4.4

Therapeutic Use Exemptions (“TUEs”)
4.4.1 The presence of a Prohibited Substance or its Metabolites orMarkers, and/or the Use or Attempted Use, Possession or
Administration or Attempted Administration of a Prohibited
Substance or Prohibited Method, shall not be considered an antidoping rule violation if it is consistent with the provisions of a TUE
granted in accordance with the International Standard for
Therapeutic Use Exemptions.
4.4.2 TUE Applications
4.4.2.1

Shiai-sha who are not International-Level Shiai-sha
shall apply to their National Anti-Doping
Organization.
IftheNational
Anti-Doping
Organization denies the application, the Shiai-sha
may appeal exclusively to the appellate bodydescribed in Article 13.2.2.

4.4.2.2

Shiai-sha who are International-Level Shiai-sha
shall apply to FIK.

4.4.3 TUE Recognition20
4.4.3.1

20

Where the Shiai-sha already has a TUE grantedby their National Anti-Doping Organization
pursuant to Article 4.4 of the Code for thesubstance or method in question, and provided
that such TUE has been reported in accordancewith Article 5.5 of the International Standard for
Therapeutic
Use
Exemptions,
FIK
will
automatically recognize it for purposes of[Comment to Article 4.4.3: If FIK refuses to recognize a TUE granted by a National Anti-Doping
Organization only because medical records or other information are missing that are needed todemonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, thematter should not be referred to WADA. Instead, the file should be completed and re-submitted to FIK.][Comment to Article 4.4.3: FIK may agree with a National Anti-Doping Organization that the National AntiDoping Organization will consider TUE applications on behalf of FIK.]FIK 2021_AD_Rules_20210329- 15 / 79 -

international-level Shiai without the need toreview the relevant clinical information.
4.4.3.2

If FIK chooses to test a Shiai-sha who is not anInternational-Level Shiai-sha, FIK must recognize
a TUE granted to that Shiai-sha by their National
Anti-Doping Organization unless the Shiai-sha isrequired to apply for recognition of the TUE
pursuant to Articles 5.8 and 7.0 of theInternational Standard for Therapeutic Use
Exemptions.

4.4.4 TUE Application Process 21

21

4.4.4.1

If the Shiai-sha does not already have a TUE
grantedbytheir
National
Anti-Doping
Organization for the substance or method inquestion, the Shiai-sha must apply directly to FIK.

4.4.4.2

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

4.4.4.3

FIK 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 decideupon the application in accordance with therelevant provisions of the International Standard
for Therapeutic Use Exemptions and usually (i.e.,
unless exceptional circumstances apply) within no
more than twenty-one (21) days of receipt of acomplete application. Where the application ismade 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.

[Comment to Article 4.4.4: The submission of falsified documents to a TUEC or FIK, offering or accepting abribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, orcommitting any other fraudulent act or any other similar intentional interference or Attempted interferencewith any aspect of the TUE process shall result in a charge of Tampering or Attempted Tampering under
Article 2.5.
A Shiai-sha 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 Shiai-sha’s own risk.]

FIK 2021_AD_Rules_20210329- 16 / 79 -

4.4.4.5

The TUEC decision shall be the final decision of
FIK and may be appealed in accordance with
Article 4.4.7. FIK TUEC decision shall be notified
in writing to the Shiai-sha, and to WADA and otherAnti-Doping Organizations in accordance with theInternational Standard for Therapeutic Use
Exemptions. It shall also promptly be reported
into ADAMS.

4.4.4.6

If FIK (or the National Anti-Doping Organization,
where it has agreed to consider the application on
behalf of FIK) denies the Shiai-sha’s application,
it must notify the Shiai-sha promptly, withreasons. If FIK grants the Shiai-sha’s application,
it must notify not only the Shiai-sha but also their
National Anti-Doping Organization. If the National
Anti-Doping Organization considers that the TUE
granted by FIK does not meet the criteria set out
in the International Standard for Therapeutic Use
Exemptions, it has twenty-one (21) days fromsuch 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 FIK remains valid for international-level Shiai
and Out-of-Competition Testing (but is not valid
for national-level Shiai) pending WADA’s decision.
If the National Anti-Doping Organization does notrefer the matter to WADA for review, the TUE
granted by FIK becomes valid for national-level
Shiai as well when the twenty-one (21) day
review deadline expires.

4.4.5 Retroactive TUE Applications
If FIK chooses to collect a Sample from a Shiai-sha who is not anInternational-Level Shiai-sha or a National-Level Shiai-sha, and that
Shiai-sha is Using a Prohibited Substance or Prohibited Method fortherapeutic reasons, FIK must permit that Shiai-sha to apply for a
retroactive TUE.
4.4.6 Expiration, Withdrawal or Reversal of a TUE
4.4.6.1 A TUE granted pursuant to these Anti-Doping
Rules: (a) shall expire automatically at the end of
any term for which it was granted, without the needfor any further notice or other formality; (b) will bewithdrawn if the Shiai-sha 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
FIK 2021_AD_Rules_20210329- 17 / 79 -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 Shiai-sha shall not be subject to
any Consequences based on their Use or
Possession or Administration of the Prohibited
Substance or Prohibited Method in question inaccordance with the TUE prior to the effective dateof expiry, withdrawal, or reversal of the TUE. The
review pursuant to Article 5.1.1.1 of theInternational Standard for Results Management of
an Adverse Analytical Finding, reported shortly
after the TUE expiry, withdrawal or reversal, shall
include consideration of whether such finding is
consistent with Use of the Prohibited Substance or
Prohibited Method prior to that date, in which eventno anti-doping rule violation shall be asserted.
4.4.7 Reviews and Appeals of TUE Decisions
4.4.7.1 WADA must review FIK’s decision not to recognize
a TUE granted by the National Anti-Doping
Organization that is referred to WADA by the Shiaisha or the Shiai-sha’s National Anti-Doping
Organization. In addition, WADA must review FIK’s
decision to grant a TUE that is referred to WADA by
the Shiai-sha’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 theInternational Standard for Therapeutic Use
Exemptions, WADA will not interfere with it. If the
TUE decision does not meet those criteria, WADA
will reverse it.22
4.4.7.2 Any TUE decision by FIK (or by a National AntiDoping Organization where it has agreed toconsider the application on behalf of FIK) that is
not reviewed by WADA, or that is reviewed by
WADA but is not reversed upon review, may be
appealed by the Shiai-sha and/or the Shiai-sha’s
National Anti-Doping Organization, exclusively toCAS.2322[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 thedecision being reviewed is reversed.]

23[Comment to Article 4.4.7.2: In such cases, the decision being appealed is the FIK’s TUE decision, not WADA’s
decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. However, thetime to appeal the TUE decision does not begin to run until the date that WADA communicates its decision.

FIK 2021_AD_Rules_20210329- 18 / 79 -

4.4.7.3

A decision by WADA to reverse a TUE decision may
be appealed by the Shiai-sha, the National AntiDoping Organization and/or FIK, 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 theapplication thus triggering the applicable rights ofreview/appeal.

ARTICLE 5 TESTING AND INVESTIGATIONS
5.1

Purpose of Testing and Investigations24
5.1.1 Testing and investigations may be undertaken for any antidoping purpose. They shall be conducted in conformity with theprovisions of the International Standard for Testing andInvestigations and the specific protocols of FIK supplementing that
International Standard.
5.1.2 Testing shall be undertaken to obtain analytical evidence as towhether the Shiai-sha has violated Article 2.1 (Presence of a
Prohibited Substance or its Metabolites or Markers in a Shiai-sha’s
Sample) or Article 2.2 (Use or Attempted Use by a Shiai-sha of a
Prohibited Substance or a Prohibited Method).

5.2

Authority to Test
5.2.1 Subject to the limitations for Event Testing set out in Article
5.3, FIK shall have In-Competition and Out-of-Competition Testing
authority over all Shiai-sha specified in the Introduction to these AntiDoping Rules (Section “Scope of these Anti-Doping Rules”).
5.2.2 FIK may require any Shiai-sha over whom it has Testing
authority (including any Shiai-sha serving a period of Ineligibility) toprovide a Sample at any time and at any place.25
5.2.3 WADA shall have In-Competition and Out-of-Competition
Testing authority as set out in Article 20.7.10 of the Code.

In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of theappeal so that it may participate if it sees fit.]
24[Comment to Article 5.1: Where Testing is conducted for anti-doping purposes, the analytical results and data
may be used for other legitimate purposes under the Anti-Doping Organization’s rules. See, e.g., Comment
to Article 23.2.2 of the Code.]

25[Comment to Article 5.2.2: FIK may obtain additional authority to conduct Testing by means of bilateral or
multilateral agreements with other Signatories. Unless the Shiai-sha has identified a sixty (60) minute Testing
window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that
period, FIK will not test a Shiai-sha during that period unless it has a serious and specific suspicion that the
Shiai-sha may be engaged in doping. A challenge to whether FIK 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.]

FIK 2021_AD_Rules_20210329- 19 / 79 -

5.2.4 If FIK delegates or contracts any part of Testing to a National
Anti-Doping Organization directly or through a National Federation,that National Anti-Doping Organization may collect additional
Samples or direct the laboratory to perform additional types ofanalysis at the National Anti-Doping Organization’s expense. If
additional Samples are collected or additional types of analysis are
performed, FIK shall be notified.
5.3

Event Testing
5.3.1 Except as otherwise provided below, only a single organization
shall have authority to conduct Testing at Event Venues during an
Event Period. At International Events, FIK (or other internationalorganization which is the ruling body for an Event) shall haveauthority to conduct Testing. At National Events, the National AntiDoping Organization of that country shall have authority to conduct
Testing. At the request of FIK (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 FIK (orthe 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 Shiai-sha at the
Event Venues during the Event Period, the Anti-Doping Organization
shall first confer with FIK (or other international organization whichis the ruling body of the Event) to obtain permission to conduct andcoordinate such Testing. If the Anti-Doping Organization is notsatisfied with the response from FIK (or other internationalorganization which is the ruling body of the Event), the Anti-Doping
Organization may, in accordance with the procedures described in theInternational Standard for Testing and Investigations, ask WADA for
permission to conduct Testing and to determine how to coordinate
such Testing. WADA shall not grant approval for such Testing before
consulting with and informing FIK (or other international organization
which is the ruling body for the Event). WADA’s decision shall be final
and not subject to appeal. Unless otherwise provided in theauthorization to conduct Testing, such tests shall be considered Outof-Competition tests. Results Management for any such test shall be
the responsibility of the Anti-Doping Organization initiating the test
unless provided otherwise in the rules of the ruling body of the
Event.26

5.4

26

Testing Requirements[Comment to Article 5.3.2: Before giving approval to a National Anti-Doping Organization to initiate andconduct Testing at an International Event, WADA shall consult with the international organization which is theruling body for the Event. Before giving approval to an International Federation to initiate and conduct Testingat a National Event, WADA shall consult with the National Anti-Doping Organization of the country where theEvent 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 orother aspects of the Doping Control process.]

FIK 2021_AD_Rules_20210329- 20 / 79 -

5.4.1 FIK shall conduct test distribution planning and Testing as
required by the International Standard for Testing and Investigations.
5.4.2 Where reasonably feasible, Testing shall be coordinated through
ADAMS in order to maximize the effectiveness of the combined Testing
effort and to avoid unnecessary repetitive Testing.
5.5

Shiai-sha Whereabouts Information
5.5.1
FIK has established a Registered Testing Pool of those Shiaisha who are required to provide whereabouts information in themanner specified in the International Standard for Testing andInvestigations and who shall be subject to Consequences for Article
2.4 violations as provided in Article 10.3.2. FIK shall coordinate with
National Anti-Doping Organizations to identify such Shiai-sha and tocollect their whereabouts information.
5.5.2 FIK shall make available through ADAMS a list which
identifies those Shiai-sha included in its Registered Testing Pool by
name. FIK shall regularly review and update as necessary its criteria
for including Shiai-sha in its Registered Testing Pool, and shallperiodically (but not less than quarterly) review the list of Shiai-sha
in its Registered Testing Pool to ensure that each listed Shiai-sha
continues to meet the relevant criteria. Shiai-sha shall be notified
before they are included in the Registered Testing Pool and when they
are removed from that pool. The notification shall contain theinformation set out in the International Standard for Testing andInvestigations.
5.5.3
Where a Shiai-sha is included in an international Registered
Testing Pool by FIK and in a national Registered Testing Pool by their
National Anti-Doping Organization, the National Anti-Doping
Organization and FIK shall agree between themselves which of themshall accept that Shiai-sha’s whereabouts filings; in no case shall a
Shiai-sha be required to make whereabouts filings to more than oneof them.
5.5.4
In accordance with the International Standard for Testing
and Investigations, each Shiai-sha in the Registered Testing Poolshall do the following: (a) advise FIK of his/her whereabouts on aquarterly basis; (b) update that information as necessary so that itremains accurate and complete at all times; and (c) make himself or
herself available for Testing at such whereabouts.
5.5.5
For purposes of Article 2.4, a Shiai-sha’s failure to comply
with the requirements of the International Standard for Testing andInvestigations shall be deemed a filing failure or a missed test, as
defined in Annex B of the International Standard for Results
Management, where the conditions set forth in Annex B are met.
5.5.6
A Shiai-sha in FIK’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

FIK 2021_AD_Rules_20210329- 21 / 79 -Investigations unless and until (a) the Shiai-sha gives written notice
to FIK that he or she has retired or (b) FIK has informed him or herthat he or she no longer satisfies the criteria for inclusion in FIK's
Registered Testing Pool.
5.5.7
Whereabouts information provided by a Shiai-sha while in
the Registered Testing Pool will be accessible through ADAMS to
WADA and to other Anti-Doping Organizations having authority totest that Shiai-sha as provided in Article 5.2. Whereabouts
information shall be maintained in strict confidence at all times; itshall 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 aninvestigation into a potential anti-doping rule violation, or to support
proceedings alleging an anti-doping rule violation; and shall be
destroyed after it is no longer relevant for these purposes inaccordance with the International Standard for the Protection ofPrivacy and Personal Information.
5.5.8
In accordance with the International Standard for Testing
and Investigations, FIK has established a Testing Pool, which includes
Shiai-sha who are subject to less stringent whereabouts
requirements than Shiai-sha included in FIK’s Registered Testing Pool.
5.5.9
FIK shall notify Shiai-sha before they are included in the
Testing Pool and when they are removed. Such notification shall
include the whereabouts requirements and the consequences that
apply in case of non-compliance, as indicated in Articles 5.5.10 and
5.5.11.
5.5.10 Shiai-sha included in the Testing Pool shall provide FIK withthe following whereabouts information so that they may be locatedand subjected to Testing:(a) An overnight address;(b) Shiai/ Event schedule; and(c) Regular training activities.
Such whereabouts information shall be filed in ADAMS toenable better Testing coordination with other Anti-Doping
Organizations.
5.5.11 A Shiai-sha’s failure to provide whereabouts information onor before the date required by FIK or the Shiai-sha’s failure to provide
accurate whereabouts information shall result in FIK elevating the
Shiai-sha to FIK’s Registered Testing Pool.
5.5.12 FIK may, in accordance with the International Standard for
Testing and Investigations, collect whereabouts information from
Shiai-sha who are not included within a Registered Testing Pool or
Testing Pool. If it chooses to do so, a Shiai-sha’s failure to provide
requested whereabouts information on or before the date required by
FIK or the Shiai-sha’s failure to provide accurate whereabouts

FIK 2021_AD_Rules_20210329- 22 / 79 -

information shall result in FIK elevating the Shiai-sha to FIK’s
Registered Testing Pool.
5.6

Retired Shiai-sha Returning to Shiai
5.6.1 If an International-Level Shiai-sha or National-Level Shiai-sha
in FIK’s Registered Testing Pool retires and then wishes to return toactive participation in sport, the Shiai-sha shall not compete inInternational Events or National Events until the Shiai-sha has madehimself or herself available for Testing, by giving six (6) months priorwritten notice to FIK and their National Anti-Doping Organization.
WADA, in consultation with FIK and the Shiai-sha's National AntiDoping Organization, may grant an exemption to the six (6) month
written notice rule where the strict application of that rule would be
unfair to the Shiai-sha. This decision may be appealed under Article
13.
Any competitive results obtained in violation of this Article 5.6.1 shallbe Disqualified unless the Shiai-sha can establish that he or she could
not have reasonably known that this was an International Event or a
National Event.
5.6.2 If a Shiai-sha retires from sport while subject to a period of
Ineligibility, the Shiai-sha must notify the Anti-Doping Organizationthat imposed the period of Ineligibility in writing of such retirement.
If the Shiai-sha then wishes to return to active Shiai in sport, theShiai-sha shall not compete in International Events or National
Events until the Shiai-sha has made himself or herself available for
Testing by giving six (6) months prior written notice (or noticeequivalent to the period of Ineligibility remaining as of the date the
Shiai-sha retired, if that period was longer than six (6) months) to
FIK and to their National Anti-Doping Organization.

5.7

Independent Observer Program

FIK and the organizing committees for FIK’s Events, as well as the National
Federations and the organizing committees for National Events, shallauthorize 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,
Laboratories

Approved

Laboratories

and

Other

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

FIK 2021_AD_Rules_20210329- 23 / 79 -

used for the Sample analysis shall be determined exclusively by FIK.
27

6.1.2 As provided in Article 3.2, facts related to anti-doping ruleviolations may be established by any reliable means. This would
include, for example, reliable laboratory or other forensic testing
conducted outside of WADA-accredited or approved laboratories.
6.2

Purpose of Analysis of Samples and Data

Samples and related analytical data or Doping Control information shall beanalyzed to detect Prohibited Substances and Prohibited Methods identified
on the Prohibited List and other substances as may be directed by WADA
pursuant to the monitoring program described in Article 4.5 of the Code, or
to assist FIK in profiling relevant parameters in a Shiai-sha’s urine, bloodor other matrix, including for DNA or genomic profiling, or for any other
legitimate anti-doping purpose.28
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 Shiai-sha's written consent. 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 aparticular Shiai-sha. Any research involving Samples and related analytical
data or Doping Control information shall adhere to the principles set out in
Article 19 of the Code.29
6.4

Standards for Sample Analysis and ReportingIn accordance with Article 6.4 of the Code, FIK shall ask laboratories toanalyze Samples in conformity with the International Standard forLaboratories and Article 4.7 of the International Standard for Testing andInvestigations.
Laboratories at their own initiative and expense may analyze Samples for
Prohibited Substances or Prohibited Methods not included on the standard
Sample analysis menu, or as requested by FIK. Results from any such
27

[Comment to Article 6.1.1: Violations of Article 2.1 may be established only by Sample analysis performed
by a WADA-accredited laboratory or another laboratory approved by WADA. Violations of other Articles may
be established using analytical results from other laboratories so long as the results are reliable.]28[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.]29[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 toestablish reference populations is not considered research. Samples and related information used for suchpermitted non-research purposes must also first be processed in such a manner as to prevent them frombeing traced back to the particular Shiai-sha, having due regard to the principles set out in Article 19 of theCode, as well as the requirements of the International Standard for Laboratories and International Standard
for the Protection of Privacy and Personal Information.]

FIK 2021_AD_Rules_20210329- 24 / 79 -analysis shall be reported to FIK and have the same validity andConsequences as any other analytical result.30
6.5

Further Analysis of a Sample Prior to or During Results
Management

There shall be no limitation on the authority of a laboratory to conduct
repeat or additional analysis on a Sample prior to the time FIK notifies a
Shiai-sha that the Sample is the basis for an Article 2.1 anti-doping ruleviolation charge. If after such notification FIK wishes to conduct additional
analysis on that Sample, it may do so with the consent of the Shiai-sha orapproval from a hearing 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 atany time exclusively at the direction of either the Anti-Doping Organizationthat initiated and directed Sample collection or WADA. Any other AntiDoping Organization with authority to test the Shiai-sha that wishes to
conduct further analysis on a stored Sample may do so with the permissionof 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 AntiDoping Organization shall be at WADA’s or that organization's expense.
Further analysis of Samples shall conform with the requirements of theInternational Standard for Laboratories.
6.7

Split of A or B Sample

Where WADA, an Anti-Doping Organization with Results Management
authority, and/or a WADA-accredited laboratory (with approval from WADAor the Anti-Doping Organization with Results Management authority) wishes
to split an A or B Sample for the purpose of using the first part of the 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 be followed.
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 physical possession of any Sample and related analytical data or
information in the possession of a laboratory or Anti-Doping Organization.
Upon request by WADA, the laboratory or Anti-Doping Organization inpossession of the Sample or data shall immediately grant access to and
30[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 theresources available to fight doping are limited and that increasing the Sample analysis menu may, in some
sports and countries, reduce the number of Samples which can be analyzed.]

FIK 2021_AD_Rules_20210329- 25 / 79 -

enable WADA to take physical possession of the Sample or data. If WADA
has not provided prior notice to the laboratory or Anti-Doping Organization
before taking possession of a Sample or data, it shall provide such noticeto the laboratory and each Anti-Doping Organization whose Samples or data
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 Shiai-sha
to assume Results Management responsibility for the Sample or data if apotential anti-doping rule violation is discovered.31
ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW,
NOTICE AND PROVISIONAL SUSPENSIONS
Results Management under these Anti-Doping Rules establishes a process
designed to resolve anti-doping rule violation matters in a fair, expeditious andefficient 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, andshall be governed by, the procedural 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 a Shiai-sha or other Person of a potential antidoping rule violation and then diligently pursues that anti-doping ruleviolation).
7.1.2 In circumstances where the rules of a National Anti-Doping
Organization do not give the National Anti-Doping Organization
authority over a Shiai-sha or other Person who is not a national,
resident, license holder, or member of a sport organization of thatcountry, 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 Shiai-sha or other Person as directed by the rules of theapplicable 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 rule violation occurring during such
Event, the case shall be referred by the Major Event Organization to

31[Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could
constitute Tampering, 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 forLaboratories. 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 the applicable country.
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause
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 shallnot be subject to challenge. In particular, whether there is good cause or not shall not be a defense against
an anti-doping rule violation or its Consequences.]

FIK 2021_AD_Rules_20210329- 26 / 79 -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 FIK
or the National Anti-Doping Organization with whom the Shiai-sha inquestion files whereabouts information, as provided in theInternational Standard for Results Management. If FIK determines afiling 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 FIK shall take responsibility for
conducting Results Management in respect of anti-doping ruleviolations involving Shiai-sha and other Persons under its authority
shall be determined by reference to and in accordance with Article 7 of
the Code.
7.1.6 WADA may direct FIK to conduct Results Management inparticular circumstances. If FIK refuses to conduct Results
Management within a reasonable deadline set by WADA, such refusal
shall be considered an act of non-compliance, and WADA may direct
another Anti-Doping Organization with authority over the Shiai-sha
or other Person, that is willing to do so, to take Results Management
responsibility in place of FIK or, if there is no such Anti-Doping
Organization, any other Anti-Doping Organization that is willing to do
so. In such case, FIK shall reimburse the costs and attorney's fees ofconducting Results Management to the other Anti-Doping
Organization designated by WADA, and a failure to reimburse costs
and attorney's fees shall be considered an act of non-compliance.
7.2

Review and Notification Regarding Potential Anti-Doping Rule
Violations

FIK shall carry out the review and notification with respect to any potential
anti-doping rule violation in accordance with the International Standard forResults Management.
7.3

Identification of Prior Anti-Doping Rule Violations

Before giving a Shiai-sha or other Person notice of a potential anti-doping ruleviolation as provided above, FIK shall refer to ADAMS and contact WADA andother relevant Anti-Doping Organizations to determine whether any prior antidoping rule violation exists.
7.4

32

Provisional Suspensions 32[Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by FIK, the internal
review specified in these Anti-Doping Rules and the International Standard for Results Management must firstbe completed.]

FIK 2021_AD_Rules_20210329- 27 / 79 -

7.4.1 Mandatory Provisional Suspension after an Adverse Analytical
Finding or Adverse Passport Finding
If FIK 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 nota Specified Substance or a Specified Method, it shall impose a
Provisional Suspension on the Shiai-sha promptly upon or after thereview and notification required by Article 7.2.
A mandatory Provisional Suspension may be eliminated if: (i) the
Shiai-sha demonstrates to FIK’s Hearing Panel that the violation is
likely to have involved a Contaminated Product, or (ii) the violation
involves a Substance of Abuse and the Shiai-sha establishes
entitlement to a reduced period of Ineligibility under Article 10.2.4.1.
FIK’s Hearing Panel’s decision not to eliminate a mandatory
Provisional Suspension on account of the Shiai-sha’s assertion
regarding a Contaminated Product shall not be appealable.
7.4.2 Optional Provisional Suspension Based on an Adverse
Analytical Finding for Specified Substances, Specified Methods,
Contaminated Products, or Other Anti-Doping Rule Violations
FIK may impose a Provisional Suspension for anti-doping ruleviolations not covered by Article 7.4.1 prior to the analysis of the
Shiai-sha’s B Sample or final hearing as described in Article 8.
An optional Provisional Suspension may be lifted at the discretion of
FIK at any time prior to FIK’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 Shiai-sha or other Person is given:(a) an opportunity for a Provisional Hearing, either before or on atimely basis after the imposition of the Provisional Suspension; or (b)an opportunity for an expedited hearing in accordance with Article 8
on a timely basis after the imposition of the Provisional Suspension.
The imposition of a Provisional Suspension, or the decision not to
impose a Provisional Suspension, may be appealed in an expedited
process in accordance with Article 13.2.
7.4.4

Voluntary Acceptance of Provisional Suspension

Shiai-sha 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 report of the B Sample (or waiver of the B
Sample) or ten (10) days from the notice of any other anti-doping
FIK 2021_AD_Rules_20210329- 28 / 79 -

rule violation, or (ii) the date on which the Shiai-sha first competes
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 noticeof the anti-doping rule violation.
Upon such voluntary acceptance, the Provisional Suspension shallhave the full effect and be treated in the same manner as if theProvisional Suspension had been imposed under Article 7.4.1 or
7.4.2; provided, however, at any time after voluntarily accepting a
Provisional Suspension, the Shiai-sha or other Person may withdraw
such acceptance, in which event the Shiai-sha or other Person shallnot receive any credit for time previously served during theProvisional Suspension.
7.4.5 If a Provisional Suspension is imposed based on an A Sample
Adverse Analytical Finding and a subsequent B Sample analysis (ifrequested by the Shiai-sha or FIK) does not confirm the A Sample
analysis, then the Shiai-sha shall not be subject to any further
Provisional Suspension on account of a violation of Article 2.1. In
circumstances where the Shiai-sha 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 Shiai-sha to be reinserted, without otherwise
affecting the Event, the Shiai-sha may continue to take part in the
Event.
7.5

Results Management Decisions

Results Management decisions or adjudications by FIK must not purport tobe limited to a particular geographic area or the FIK’s sport and shalladdress 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 thespecific 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
Consequences.33
33[Comment to Article 7.5: Results Management decisions include Provisional Suspensions.
Each decision by FIK should address whether an anti-doping rule violation was committed and all
Consequences flowing from the 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 in every country. For example, for adetermination that a Shiai-sha committed an anti-doping rule violation based on an Adverse Analytical Finding
for a Sample taken In-Competition, the Shiai-sha’s results obtained in the Competition would be Disqualified
under Article 9 and all other competitive results obtained by the Shiai-sha from the date the Sample wascollected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if theAdverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organization’s
responsibility to decide whether the Shiai-sha’s other individual results in the Event prior to Sample collection
are also Disqualified under Article 10.1.]

FIK 2021_AD_Rules_20210329- 29 / 79 -

7.6
Notification of Results Management Decisions
FIK shall notify Shiai-sha, other Persons, Signatories and WADA of Results
Management decisions as provided in Article 14.2 and in the International
Standard for Results Management.
7.7

Retirement from Sport34

If a Shiai-sha or other Person retires while the FIK’s Results Management
process is underway, FIK retains authority to complete its Results
Management process. If a Shiai-sha or other Person retires before any
Results Management process has begun, and FIK would have had Results
Management authority over the Shiai-sha or other Person at the time the
Shiai-sha or other Person committed an anti-doping rule violation, FIK has
authority to conduct Results Management.
ARTICLE 8 RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND
NOTICE OF HEARING DECISION
For any Person who is asserted to have committed an anti-doping rule violation,
FIK shall provide a fair hearing within a reasonable time by a fair, impartial andOperationally Independent hearing panel in compliance with the Code and theInternational Standard for Results Management.
8.1

Fair Hearings
8.1.1 Fair, Impartial and Operationally Independent Hearing Panel

34

8.1.1.1

FIK shall establish a Hearing Panel which has
jurisdiction to hear and determine whether a Shiaisha or other Person, subject to these Anti-Doping
Rules, has committed an anti-doping rule violation
and, if applicable, to impose relevant Consequences.

8.1.1.2

FIK shall ensure that FIK’s Hearing Panel is freeof conflict of interest and that its composition, termof office, professional experience, Operational
Independence and adequate financing comply withthe requirements of the International Standard forResults Management.

8.1.1.3

Board members, staff members, commission
members, consultants and officials of FIK or its
affiliates (e.g., National Federations or Regional
Federations), as well as any Person involved in theinvestigation and pre-adjudication of the matter,cannot be appointed as members and/or clerks (to[Comment to Article 7.7: Conduct by a Shia-sha or other Person before the Shiai-sha or other Person was
subject to the authority of any Anti-Doping Organization would not constitute an anti-doping rule violation
but could be a legitimate basis for denying the Shiai-sha or other Person membership in a sports
organization.]

FIK 2021_AD_Rules_20210329- 30 / 79 -the extent that such clerk is involved in the
deliberation process and/or drafting of any decision)of FIK’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

The FIK’s Hearing Panel shall consist of an
independent Chair and four (4) other independent
members.

8.1.1.5

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

8.1.1.6

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

8.1.2 Hearing Process
8.1.2.1

When FIK sends a notice to an Shiai-sha or other
Person notifying them of a potential anti-doping ruleviolation, and the Shiai-sha or other Person does notwaive a hearing in accordance with Article 8.3.1 or
Article 8.3.2, then the case shall be referred to the
FIK’s Hearing Panel for hearing and adjudication,
which shall be conducted in accordance with theprinciples described in Articles 8 and 9 of theInternational Standard for Results Management.

8.1.2.2

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

8.1.2.3

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

8.1.2.4

Hearings held in connection with Events in
respect to Shiai-shas and other Persons who aresubject to these Anti-Doping Rules may be

FIK 2021_AD_Rules_20210329- 31 / 79 -

conducted by an expedited process where permitted
by the FIK’s Hearing Panel.35
8.1.2.5

8.2

WADA, the National Federation and the National
Anti-Doping Organization of the Shiai-sha or other
Person may attend the hearing as observers. In any
event, FIK shall keep them fully apprised as to thestatus of pending cases and the result of all hearings.

Notice of Decisions
8.2.1 At the end of the hearing, or promptly thereafter, the FIK’s
Hearing Panel shall issue a written decision that 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, a justification for why the greatest potential
Consequences were not imposed.
8.2.2 FIK shall notify that decision to the Shiai-sha or other Person
and to other Anti-Doping Organizations with a right to appeal under
Article 13.2.3, and shall promptly report it into ADAMS. The decision
may be appealed as provided in Article 13.

8.3

Waiver of Hearing
8.3.1 A Shiai-sha or other Person against whom an anti-doping ruleviolation is asserted may waive a hearing expressly and agree with theConsequences proposed by FIK.
8.3.2 However, if the Shiai-sha or other Person against whom an antidoping rule violation is asserted fails to dispute that assertion withintwenty (20) days or the deadline otherwise specified in the notice sentby the FIK asserting the violation, then they shall be deemed to have
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
FIK’s Hearing Panel shall not be required. Instead FIK shall promptly
issue a written decision that conforms with Article 9 of the International
Standard for Results Management and which includes the full reasonsfor the decision, the period of Ineligibility imposed, theDisqualification of results under Article 10.10 and, if applicable, ajustification for why the greatest potential Consequences were notimposed.

35[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 the anti-doping rule violation is necessary to determine the Shiai-sha's eligibility toparticipate in the Event, or during an Event where the resolution of the case will affect the validity of the
Shiai-sha's results or continued participation in the Event.]

FIK 2021_AD_Rules_20210329- 32 / 79 -

8.3.4 FIK shall notify that decision to the Shiai-sha or other Person
and to other Anti-Doping Organizations with a right to appeal under
Article 13.2.3, and shall promptly report it into ADAMS. FIK shall
Publicly Disclose that decision in accordance with Article 14.3.2.
8.4

Single Hearing Before CAS

Anti-doping rule violations asserted against International-Level Shiai-sha,
National-Level Shiai-sha or other Persons may, with the consent of the
Shiai-sha or other Person, FIK (where it has Results Management
responsibility in accordance with Article 7) and WADA, be heard in a single
hearing directly at CAS.36
ARTICLE 9

AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

An anti-doping rule violation in Individual Sports in connection with an InCompetition test automatically leads to Disqualification of the result obtained inthat Shiai with all resulting Consequences, including forfeiture of any medals,
points and prizes.37
ARTICLE 10 SANCTIONS ON INDIVIDUALS
10.1

Disqualification of Results in the Event during which an AntiDoping Rule Violation Occurs
10.1.1 An anti-doping rule violation occurring during or inconnection with an Event may, upon the decision of the ruling bodyof the Event, lead to Disqualification of all of the Shiai-sha's individual
results obtained in that Event with all Consequences, including
forfeiture of all medals, points and prizes, except as provided in
Article 10.1.2.
Factors to be included in considering whether to Disqualify otherresults in an Event might include, for example, the seriousness of the
Shiai-sha’s anti-doping rule violation and whether the Shiai-sha tested
negative in the other Shiai.38

36[Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at theinternational 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 asingle hearing, there is no need for the Shiai-sha or Anti-Doping Organizations to incur the extra expense oftwo (2) hearings. An Anti-Doping Organization may participate in the CAS hearing as an observer. Nothing
set out in Article 8.4 precludes the Shiai-sha or other Person and FIK (where it has Results Management
responsibility) to waive their right to appeal by agreement. Such waiver, however, only binds the parties tosuch agreement and not any other entity with a right of appeal under the Code.]

37[Comment to Article 9: In sports which are not Team Sports but where awards are given to teams,
Disqualification or other disciplinary action against the team when one or more team members havecommitted an anti-doping rule violation shall be as provided in the applicable rules of the International
Federation.]

38[Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Shiai in which the Shiai-sha
tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in allraces during the Event (e.g., the swimming World Championships).]

FIK 2021_AD_Rules_20210329- 33 / 79 -

10.1.2 If the Shiai-sha establishes that he or she bears No Fault
or Negligence for the violation, the Shiai-sha's individual results inthe other Shiai shall not be Disqualified, unless the Shiai-sha's resultsin Shiai other than the Shiai in which the anti-doping rule violation
occurred were likely to have been affected by the Shiai-sha's antidoping rule violation.
10.2

Ineligibility for Presence, Use or Attempted Use, orPossession of a Prohibited Substance or Prohibited Method

The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as
follows, subject to potential elimination, reduction or suspension pursuant
to Article 10.5, 10.6 or 10.7:
10.2.1 The period of Ineligibility, subject to Article 10.2.4, shall befour (4) years where:
10.2.1.1 The anti-doping rule violation does not involve a
Specified Substance or Specified Method, unless
the Shiai-sha or other Person can establish thatthe anti-doping rule violation was notintentional.39
10.2.1.2 The anti-doping rule violation involves aSpecified Substance or Specified Method and FIK
can establish that the anti-doping rule violation
was intentional.
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.
10.2.3 As used in Article 10.2, the term “intentional” is meant to
identify those Shiai-sha or other Persons who engage in conduct
which they knew constituted an anti-doping rule violation or knewthat there was a significant risk that the conduct might constitute or
result in an anti-doping rule violation and manifestly disregarded thatrisk. An anti-doping rule violation resulting from an Adverse
Analytical Finding for a substance which is only prohibited InCompetition shall be rebuttably presumed to be not “intentional” if
the substance is a Specified Substance and the Shiai-sha canestablish that the Prohibited Substance was Used Out-of-Competition.
An anti-doping rule violation resulting from an Adverse Analytical
Finding for a substance which is only prohibited In-Competition shallnot be considered “intentional” if the substance is not a Specified
Substance and the Shiai-sha can establish that the Prohibited

39[Comment to Article 10.2.1.1: While it is theoretically possible for a Shiai-sha or other Person to establishthat the anti-doping rule violation was not intentional without showing how the Prohibited Substance entered
one’s system, it is highly unlikely that in a doping case under Article 2.1 a Shiai-sha will be successful inproving that the Shiai-sha acted unintentionally without establishing the source of the Prohibited Substance.]

FIK 2021_AD_Rules_20210329- 34 / 79 -

Substance was Used Out-of-Competition in a context unrelated tosport performance.40
10.2.4 Notwithstanding any other provision in Article 10.2, where
the anti-doping rule violation involves a Substance of Abuse:
10.2.4.1 If the Shiai-sha can establish that any ingestion
or Use occurred Out-of-Competition and wasunrelated 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 Shiai-sha or other Person
satisfactorily completes a Substance of Abuse
treatment program approved by FIK. The period
of Ineligibility established in this Article 10.2.4.1
is not subject to any reduction based on any
provision in Article 10.6.41
10.2.4.2 If the ingestion, Use or Possession occurred InCompetition, and the Shiai-sha can establish thatthe context of the ingestion, Use or Possession
was unrelated to sport performance, then theingestion, Use or Possession shall not be
considered intentional for purposes of Article
10.2.1 and shall not provide a basis for a findingof 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 asprovided in Article 10.2 shall be as follows, unless Article 10.6 or 10.7 areapplicable:
10.3.1 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 toSample collection, if the Shiai-sha can establish that the commissionof the anti-doping rule violation was not intentional, the period of
Ineligibility shall be two (2) years; (ii) in all other cases, if the Shiaisha or other Person can establish exceptional circumstances thatjustify a reduction of the period of Ineligibility, the period of
40[Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be appliedsolely for purposes of Article 10.2.]

41[Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved andwhether the Shiai-sha or other Person has satisfactorily completed the program shall be made in the sole
discretion of FIK. This Article is intended to give FIK the leeway to apply their own judgment to identify andapprove legitimate and reputable, as opposed to “sham”, treatment programs. It is anticipated, however,that the characteristics of legitimate treatment programs may vary widely and change over time such that it
would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.]

FIK 2021_AD_Rules_20210329- 35 / 79 -Ineligibility shall be in a range from two (2) years to four (4) years
depending on the Shiai-sha or other Person’s degree of Fault; or (iii)
in a case involving a Protected Person or Recreational Shiai-sha, theperiod of Ineligibility shall be in a range between a maximum of two(2) years and, at a minimum, a reprimand and no period of
Ineligibility, depending on the Protected Person or Recreational Shiaisha’s degree of Fault.
10.3.2 For violations of Article 2.4, the period of Ineligibility shallbe two (2) years, subject to reduction down to a minimum of one (1)year, depending on the Shiai-sha’s degree of Fault. The flexibility
between two (2) years and one (1) year of Ineligibility in this Article
is not available to Shiai-sha where a pattern of last-minute
whereabouts changes or other conduct raises a serious suspicion that
the Shiai-sha was trying to avoid being available for Testing.
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility
shall be a minimum of four (4) years up to lifetime Ineligibility,
depending on the seriousness of the violation. An Article 2.7 or Article
2.8 violation involving a Protected Person shall be considered aparticularly serious violation and, if committed by Shiai-sha Support
Personnel for violations other than for Specified Substances, shallresult in lifetime Ineligibility for Shiai-sha 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 thecompetent administrative, professional or judicial authorities.42
10.3.4 For violations of Article 2.9, the period of Ineligibility
imposed shall be a minimum of two (2) years, up to lifetime
Ineligibility, depending on the seriousness of the violation.
10.3.5 For violations of Article 2.10, the period of Ineligibility shallbe two (2) years, subject to reduction down to a minimum of one (1)year, depending on the Shiai-sha or other Person’s degree of Fault
and other circumstances of the case.43
10.3.6 For violations of Article 2.11, the period of Ineligibility shallbe a minimum of two (2) years, up to lifetime Ineligibility, dependingon the seriousness of the violation by the Shiai-sha or other Person.44

42[Comment to Article 10.3.3: Those who are involved in doping Shiai-sha or covering up doping should be
subject to sanctions which are more severe than the Shiai-sha who test positive. Since the authority of sportorganizations is generally limited to Ineligibility for accreditation, membership and other sport benefits,
reporting Shiai-sha Support Personnel to competent authorities is an important step in the deterrence of
doping.]43[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.]44

[Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11
(Acts by a Shiai-sha or Other Person to Discourage or Retaliate Against Reporting to Authorities) shall besanctioned based on the violation that carries the more severe sanction.]

FIK 2021_AD_Rules_20210329- 36 / 79 -

10.4 Aggravating Circumstances which may Increase the Period of
Ineligibility
If FIK establishes in an individual case involving an anti-doping ruleviolation other than violations under Article 2.7 (Trafficking or Attempted
Trafficking), 2.8 (Administration or Attempted Administration), 2.9(Complicity) or 2.11 (Acts by a Shiai-sha or Other Person to Discourage or
Retaliate Against Reporting) that Aggravating Circumstances are present
which justify the imposition of a period of Ineligibility greater than thestandard sanction, then the period of Ineligibility otherwise applicable shallbe 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 Shiai-sha or other Person canestablish that he or she did not knowingly commit the anti-doping ruleviolation.45
10.5 Elimination of the Period of Ineligibility where there is No
Fault or Negligence
If a Shiai-sha or other Person establishes in an individual case that he or
she bears No Fault or Negligence, then the otherwise applicable period of
Ineligibility shall be eliminated.46
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

45[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 a
Shiai-sha or Other Person to Discourage or Retaliate Against Reporting to Authorities) are not included in theapplication 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.]

46[Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are
not applicable to the determination of whether an anti-doping rule violation has occurred. They will only apply
in exceptional circumstances, for example, where a Shiai-sha 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 or contaminated vitamin or nutritional
supplement (Shiai-sha are responsible for what they ingest (Article 2.1) and have been warned against thepossibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Shiai-sha’s
personal physician or trainer without disclosure to the Shiai-sha (Shiai-sha are responsible for their choice of
medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance);and (c) sabotage of the Shiai-sha’s food or drink by a spouse, coach or other Person within the Shiai-sha’s
circle of associates (Shiai-sha are responsible for what they ingest and for the conduct of those Persons towhom they entrust access to their food and drink). However, depending on the unique facts of a particularcase, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No
Significant Fault or Negligence.]

FIK 2021_AD_Rules_20210329- 37 / 79 -Where the anti-doping rule violation involves aSpecified Substance (other than a Substance ofAbuse) or Specified Method, and the Shiai-sha orother 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 ofIneligibility, depending on the Shiai-sha’s or other
Person’s degree of Fault.
10.6.1.2 Contaminated Products
In cases where the Shiai-sha or other Person canestablish both No Significant Fault or Negligenceand that the detected Prohibited Substance (otherthan a Substance of Abuse) came from a
Contaminated Product, 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 Shiaisha or other Person’s degree of Fault.47
10.6.1.3 Protected Persons or Recreational Shiai-sha
Where the anti-doping rule violation not involving
a Substance of Abuse is committed by a Protected
Person or Recreational Shiai-sha, and theProtected Person or Recreational Shiai-sha canestablish No Significant Fault or Negligence, thenthe period of Ineligibility shall be, at a minimum,a reprimand and no period of Ineligibility, and at
a maximum, two (2) years Ineligibility, dependingon the Protected Person or Recreational Shiaisha’s degree of Fault.
10.6.2 Application of No Significant Fault or Negligence beyond theApplication of Article 10.6.1

47[Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Shiai-sha or other Person
must establish not only that the detected Prohibited Substance came from a Contaminated Product, but mustalso separately establish No Significant Fault or Negligence. It should be further noted that Shiai-sha 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 Shiai-sha has exerciseda high level of caution before taking the Contaminated Product. In assessing whether the Shiai-sha canestablish the source of the Prohibited Substance, it would, for example, be significant for purposes of
establishing whether the Shiai-sha actually Used the Contaminated Product, whether the Shiai-sha 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 in circumstances 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.]

FIK 2021_AD_Rules_20210329- 38 / 79 -

If a Shiai-sha or other Person establishes in an individual case where
Article 10.6.1 is not applicable that he or she bears No Significant
Fault or Negligence, then, subject to further reduction or elimination
as provided in Article 10.7, the otherwise applicable period of
Ineligibility may be reduced based on the Shiai-sha or other Person’s
degree of Fault, but the reduced period of Ineligibility may not beless than one-half of the period of Ineligibility otherwise applicable.
If the otherwise applicable period of Ineligibility is a lifetime, thereduced period under this Article may be no less than eight (8)years.48
10.7 Elimination, Reduction, or Suspension of Period of Ineligibility
or Other Consequences for Reasons Other than Fault
10.7.1 Substantial Assistance in Discovering or Establishing CodeViolations49
10.7.1.1 FIK 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 Shiai-sha
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 a criminal or disciplinary body
discovering or bringing forward a criminal offenseor the breach of professional rules committed byanother Person and the information provided by
the Person providing Substantial Assistance ismade available to FIK or other Anti-Doping
Organization
withResults
Management
responsibility; or (iii) which results in WADA
initiating a proceeding against a Signatory,
WADA-accredited laboratory, or Athlete passportmanagement unit (as defined in the International
Standard for Laboratories) for non-compliancewith the Code, International Standard orTechnical Document; or (iv) with the approval by
WADA, which results in a criminal or disciplinary
body bringing forward a criminal offense or thebreach of professional or sport rules arising out of
48[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 Shiai-sha or other Person’s degree of Fault.]

49[Comment to Article 10.7.1: The cooperation of Shiai-sha, Shiai-sha 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.]

FIK 2021_AD_Rules_20210329- 39 / 79 -

a sport integrity violation other than doping. Afteran appellate decision under Article 13 or the
expiration of time to appeal, FIK may only
suspend a part of the otherwise applicable
Consequences with the approval of WADA.
The extent to which the otherwise applicable
period of Ineligibility may be suspended shall bebased on the seriousness of the anti-doping ruleviolation committed by the Shiai-sha or other
Person and the significance of the Substantial
Assistance provided by the Shiai-sha or other
Person to the effort to eliminate doping in sport,
non-compliance with the Code and/or sport
integrity violations. No more than three-quartersof the otherwise applicable period of Ineligibility
may be suspended. If the otherwise applicable
period of Ineligibility is a lifetime, the nonsuspended period under this Article must be noless than eight (8) years. For purposes of thisparagraph, the otherwise applicable period of
Ineligibility shall not include any period of
Ineligibility that could be added under Article
10.9.3.2 of these Anti-Doping Rules.
If so requested by a Shiai-sha or other Person who
seeks to provide Substantial Assistance, FIK shallallow the Shiai-sha or other Person to provide theinformation to it subject to a Without Prejudice
Agreement.
If the Shiai-sha or other Person fails to continue
to cooperate and to provide the complete andcredible Substantial Assistance upon which asuspension of Consequences was based, FIK shallreinstate the original Consequences. If FIK
decides to reinstate suspended Consequences ordecides 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 Shiai-sha and other Persons
to provide Substantial Assistance to Anti-Doping
Organizations, at the request of FIK or at therequest of the Shiai-sha or other Person who has,or has been asserted to have, committed an antidoping rule violation, or other violation of theCode, WADA may agree at any stage of theResults Management process, including after anappellate decision under Article 13, to what it
considers to be an appropriate suspension of theotherwise-applicable period of Ineligibility and
FIK 2021_AD_Rules_20210329- 40 / 79 -

otherConsequences.
In
exceptional
circumstances, WADA may agree to suspensionsof the period of Ineligibility and otherConsequences for Substantial Assistance greaterthan those otherwise provided in this Article, oreven no period of Ineligibility, no mandatory
Public Disclosure and/or no return of prize moneyor payment of fines or costs. WADA’s approvalshall be subject to reinstatement of Consequences,asotherwiseprovidedin
thisArticle.
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 FIK suspends any part of an otherwise
applicable sanction because of Substantial
Assistance, then notice providing justification forthe decision shall be provided to the other AntiDoping Organizations with a right to appeal under
Article 13.2.3 as provided in Article 14.2. In
unique circumstances where WADA determinesthat it would be in the best interest of anti-doping,
WADA may authorize FIK to enter into appropriate
confidentiality agreements limiting or delaying thedisclosureofthe
Substantial
Assistanceagreement or the nature of Substantial Assistancebeing provided.
10.7.2 Admission of an Anti-Doping Rule Violation in the Absenceof Other Evidence
Where a Shiai-sha or other Person voluntarily admits the commissionof 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) and that admission is the only reliable evidence of theviolation at the time of admission, then the period of Ineligibility may
be reduced, but not below one-half of the period of Ineligibility
otherwise applicable.50
10.7.3

Application of Multiple Grounds for Reduction of a Sanction

Where a Shiai-sha or other Person establishes entitlement to
reduction in sanction under more than one provision of Article 10.5,
10.6 or 10.7, before applying any reduction or suspension under
50[Comment to Article 10.7.2: This Article is intended to apply when a Shiai-sha or other Person comes forward
and admits to an anti-doping rule violation in circumstances where no Anti-Doping Organization is aware thatan anti-doping rule violation might have been committed. It is not intended to apply to circumstances where
the admission occurs after the Shiai-sha or other Person believes he or she is about to be caught. The amountby which Ineligibility is reduced should be based on the likelihood that the Shiai-sha or other Person would
have been caught had he or she not come forward voluntarily.]

FIK 2021_AD_Rules_20210329- 41 / 79 -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 Shiai-sha or other Person establishes entitlement to a reduction
or suspension of the period of Ineligibility under Article 10.7, thenthe 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 (1) Year Reduction for Certain Anti-Doping Rule
Violations Based on Early Admission and Acceptance of Sanction
Where a Shiai-sha or other Person, after being notified by FIK of apotential 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 Shiai-sha or other Person may receive a one (1) year reductionin the period of Ineligibility asserted by FIK. Where the Shiai-sha orother Person receives the one (1) year reduction in the asserted
period of Ineligibility under this Article 10.8.1, no further reductionin the asserted period of Ineligibility shall be allowed under any other
Article.51
10.8.2

Case Resolution Agreement

Where the Shiai-sha or other Person admits an anti-doping ruleviolation after being confronted with the anti-doping rule violation by
FIK and agrees to Consequences acceptable to FIK and WADA, attheir sole discretion, then: (a) the Shiai-sha or other Person may
receive a reduction in the period of Ineligibility based on anassessment by FIK and WADA of the application of Articles 10.1
through 10.7 to the asserted anti-doping rule violation, theseriousness of the violation, the Shiai-sha or other Person’s degreeof Fault and how promptly the Shiai-sha 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 antidoping rule violation last occurred. In each case, however, where this
Article is applied, the Shiai-sha or other Person shall serve at least
one-half of the agreed-upon period of Ineligibility going forward fromthe earlier of the date the Shiai-sha or other Person accepted theimposition of a sanction or a Provisional Suspension which was
subsequently respected by the Shiai-sha or other Person. The
decision by WADA and FIK to enter or not enter into a case resolutionagreement, and the amount of the reduction to, and the starting date
51

[Comment to Article 10.8.1: For example, if FIK alleges that a Shiai-sha has violated Article 2.1 for Use of ananabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Shiai-sha may
unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation and accepting thethree (3) 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.]

FIK 2021_AD_Rules_20210329- 42 / 79 -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 a Shiai-sha or other Person who seeks to enter
into a case resolution agreement under this Article, FIK shall allow
the Shiai-sha or other Person to discuss an admission of the antidoping rule violation with it subject to a Without Prejudice
Agreement.52
10.9 Multiple Violations
10.9.1

Second or Third Anti-Doping Rule Violation
10.9.1.1 For a Shiai-sha or other Person’s second antidoping rule violation, the period of Ineligibility shallbe the greater of:(a) A six (6) 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 anti-doping rule violation plus theperiod of Ineligibility otherwise applicable tothe second anti-doping rule violation treatedas if it were a first violation, and(ii) twice the period of Ineligibility otherwise
applicable to the second anti-doping ruleviolation 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 and the Shiai-sha or other
Person’s degree of Fault with respect to thesecond violation.
10.9.1.2 A third anti-doping rule violation will always
result in a lifetime period of Ineligibility, except if thethird violation fulfills the condition for elimination 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 shallbe from eight (8) years to lifetime Ineligibility.

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

FIK 2021_AD_Rules_20210329- 43 / 79 -

10.9.1.3 The period of Ineligibility established in Articles
10.9.1.1 and 10.9.1.2 may then be further reducedby the application of Article 10.7.
10.9.2 An anti-doping rule violation for which a Shiai-sha or other
Person has established No Fault or Negligence shall not be considereda violation for purposes of this Article 10.9. In addition, an antidoping rule violation sanctioned under Article 10.2.4.1 shall not be
considered a violation for purposes of Article 10.9.
10.9.3

Additional Rules for Certain Potential Multiple Violations
10.9.3.1 For purposes of imposing sanctions under Article
10.9, except as provided in Articles 10.9.3.2 and10.9.3.3, an anti-doping rule violation will only beconsidered a second violation if FIK can establishthat the Shiai-sha or other Person committed the
additional anti-doping rule violation after the Shiaisha or other Person received notice pursuant to
Article 7, or after FIK made reasonable efforts to givenotice of the first anti-doping rule violation. If FIK
cannot establish this, the violations shall beconsidered together as one single first violation, andthe sanction imposed shall be based on the violationthat carries the more severe sanction, including theapplication of Aggravating Circumstances. Results in
all Shiai dating back to the earlier anti-doping ruleviolation will be Disqualified as provided in Article
10.10.53
10.9.3.2 If FIK establishes that a Shiai-sha or other Person
committed an additional anti-doping rule violation
prior to notification, and that the additional violation
occurred twelve (12) months or more before or after
the first-noticed violation, then the period of
Ineligibility for the additional violation shall becalculated as if the additional violation were a standalone first violation and this period of Ineligibility isserved consecutively, rather than concurrently, withthe period of Ineligibility imposed for the earliernoticed violation. Where this Article 10.9.3.2 applies,
the violations taken together shall constitute a single
violation for purposes of Article 10.9.1.
10.9.3.3 If FIK establishes that a Shiai-sha or other Person
committed a violation of Article 2.5 in connection

53[Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, FIK discovers
facts involving an anti-doping rule violation that occurred prior to notification for a first anti-doping ruleviolation – e.g., FIK 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.]

FIK 2021_AD_Rules_20210329- 44 / 79 -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 the period of Ineligibility for such
violation shall be served consecutively, rather thanconcurrently, 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 shall constitute a single violation for
purposes of Article 10.9.1.
10.9.3.4 If FIK establishes that a Shiai-sha or other Person
has committed a second or third anti-doping ruleviolation during a period of Ineligibility, the periodsof Ineligibility for the multiple violations shall runconsecutively, rather than concurrently.
10.9.4
PeriodMultiple Anti-Doping Rule Violations during Ten (10) YearFor purposes of Article 10.9, each anti-doping rule violation must takeplace within the same ten (10) year period in order to be consideredmultiple violations.
10.10

Disqualification of Results in Shiai Subsequent to Sample
Collection or Commission of an Anti-Doping Rule Violation

In addition to the automatic Disqualification of the results in the Shiai which
produced the positive Sample under Article 9, all other competitive resultsof the Shiai-sha obtained from the date a positive Sample was collected(whether In-Competition or Out-of-Competition), or other anti-doping ruleviolation occurred, through the commencement of any Provisional
Suspension or Ineligibility period, shall, unless fairness requires otherwise,
be Disqualified with all of the resulting Consequences including forfeiture ofany medals, points and prizes.54
10.11

Forfeited Prize Money

If FIK recovers prize money forfeited as a result of an anti-doping ruleviolation, it shall take reasonable measures to allocate and distribute thisprize money to the Shiai-sha who would have been entitled to it had theforfeiting Shiai-sha not competed.55
10.12(Financial Consequences) intentionally left blank.

54[Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Shiai-sha or other Persons
who have been damaged by the actions of a Person who has committed an anti-doping rule violation frompursuing any right which they would otherwise have to seek damages from such Person.]

55[Comment to Article 10.11: This Article is not intended to impose an affirmative duty on FIK to take any
action to collect forfeited prize money. If FIK elects not to take any action to collect forfeited prize money, it
may assign its right to recover such money to the Shiai-sha(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 FIK and its Shiai-sha.]

FIK 2021_AD_Rules_20210329- 45 / 79 -

10.13 Commencement of Ineligibility Period
Where a Shiai-sha is already serving a period of Ineligibility for an antidoping rule violation, any new period of Ineligibility shall commence on thefirst day after the current period of Ineligibility has been served. Otherwise,
except as provided below, the period of Ineligibility shall start on the dateof the final hearing decision providing for Ineligibility or, if the hearing iswaived or there is no hearing, on the date Ineligibility is accepted orotherwise imposed.
10.13.1 Delays Not Attributable to the Shiai-sha or other Person
Where there have been substantial delays in the hearing process orother aspects of Doping Control, and the Shiai-sha or other Person
can establish that such delays are not attributable to the Shiai-sha
or other Person, FIK or FIK’s Hearing Panel, if applicable, may start
the period of Ineligibility at an earlier date commencing as early as
the date of Sample collection or the date on which another antidoping rule violation last occurred. All competitive results achieved
during the period of Ineligibility, including retroactive Ineligibility,
shall be Disqualified.56
10.13.2 Credit for Provisional Suspension or Period of Ineligibility
Served
10.13.2.1 If a Provisional Suspension is respected by the
Shiai-sha or other Person, then the Shiai-sha orother Person shall receive a credit for such periodof Provisional Suspension against any period of
Ineligibility which may ultimately be imposed. If
the Shiai-sha or other Person does not respect a
Provisional Suspension, then the Shiai-sha 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 Shiai-sha 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 a Shiai-sha or other Person voluntarily accepts
a Provisional Suspension in writing from FIK and
thereafter respects the Provisional Suspension, theShiai-sha or other Person shall receive a credit for
56[Comment to Article 10.13.1: In cases of anti-doping rule violations other than under Article 2.1, the timerequired for an Anti-Doping Organization to discover and develop facts sufficient to establish an anti-doping
rule violation may be lengthy, particularly where the Shiai-sha or other Person has taken affirmative action
to avoid detection. In these circumstances, the flexibility provided in this Article to start the sanction at an
earlier date should not be used.]

FIK 2021_AD_Rules_20210329- 46 / 79 -such period of voluntary Provisional Suspension
against any period of Ineligibility which may
ultimately be imposed. A copy of the Shiai-sha orother Person’s voluntary acceptance of aProvisional Suspension shall be provided promptly
to each party entitled to receive notice of anasserted anti-doping rule violation under Article
14.1.57
10.13.2.3 No credit against a period of Ineligibility shall begiven for any time period before the effective dateof the Provisional Suspension or voluntary
Provisional Suspension regardless of whether the
Shiai-sha elected not to compete.
10.14

Status During Ineligibility or Provisional Suspension
10.14.1 Prohibition Against Participation During Ineligibility orProvisional Suspension
No Shiai-sha or other Person who has been declared Ineligible or issubject to a Provisional Suspension may, during a period of
Ineligibility or Provisional Suspension, participate in any capacity ina Shiai 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 Shiai
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.
A Shiai-sha 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 a Shiai-sha in local sport events not
sanctioned or otherwise under the authority of a Code Signatory or
member of a Code Signatory, but only so long as the local sport event
is not at a level that could otherwise qualify such Shiai-sha or other
Person directly or indirectly to compete in (or accumulate points
toward) a national championship or International Event, and does not
involve the Shiai-sha or other Person working in any capacity withProtected Persons.
A Shiai-sha or other Person subject to a period of Ineligibility shallremain subject to Testing and any requirement by FIK to provide
whereabouts information.58

57[Comment to Article 10.13.2.2: A Shiai-sha’s voluntary acceptance of a Provisional Suspension is not anadmission by the Shiai-sha and shall not be used in any way to draw an adverse inference against the Shiaisha.]58[Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Shiai-sha cannot
participate in a training camp, exhibition or practice organized by their National Federation or a club which isa member of that National Federation or which is funded by a governmental agency. Further, an Ineligible
Shiai-sha may not compete in a non-Signatory professional league (e.g., the National Hockey League, theFIK 2021_AD_Rules_20210329- 47 / 79 -

10.14.2 Return to Training
As an exception to Article 10.14.1, a Shiai-sha may return to train
with a team or to use the facilities of a club or other member
organization of FIK’s or other Signatory’s member organization
during the shorter of: (1) the last two months of the Shiai-sha’s
period of Ineligibility, or (2) the last one-quarter of the period of
Ineligibility imposed.59
10.14.3 Violation of the Prohibition of Participation During Ineligibility
or Provisional Suspension
Where a Shiai-sha or other Person who has been declared Ineligible
violates the prohibition against participation during Ineligibility
described in Article 10.14.1, the results of such participation 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 areprimand and no period of Ineligibility, may be adjusted based on the
Shiai-sha or other Person’s degree of Fault and other circumstances of
the case. The determination of whether a Shiai-sha or other Person has
violated the prohibition against participation, and whether anadjustment is appropriate, shall be made by the Anti-Doping
Organization whose Results Management led to the imposition of theinitial period of Ineligibility. This decision may be appealed under
Article 13.
A Shiai-sha 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 period of Provisional
Suspension served and the results of such participation shall be
Disqualified.
Where a Shiai-sha Support Person or other Person assists a Person
in violating the prohibition against participation during Ineligibility ora Provisional Suspension, FIK shall impose sanctions for a violationof Article 2.9 for such assistance.
10.14.4 Withholding of Financial Support during Ineligibility
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 ofDecisions). A Shiai-sha or other Person serving a period of Ineligibility is prohibited from coaching or serving
as a Shiai-sha 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 Shiai-sha. Any performance standard accomplishedduring a period of Ineligibility shall not be recognized by FIK or its National Federations for any purpose.]
59[Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping andgymnastics), Shiai-sha cannot effectively train on their own so as to be ready to compete at the end of the
Shiai-sha’s period of Ineligibility. During the training period described in this Article, an Ineligible Shiai-sha
may not compete or engage in any activity described in Article 10.14.1 other than training.]

FIK 2021_AD_Rules_20210329- 48 / 79 -

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 FIK 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 TEAMS) intentionally left blank.

ARTICLE 12SANCTIONS BY FIK AGAINST OTHER SPORTING BODIESWhen FIK becomes aware that a National Federation or any other sporting bodyover which it has authority has failed to comply with, implement, uphold, andenforce these Anti-Doping Rules within that organization’s or body’s area ofcompetence, FIK has the authority and may take the following additional
disciplinary actions:12.1 Exclude all, or some group of, members of that organization or bodyfrom specified future Events or all Events conducted within a
specified period of time.
12.2 Take additional disciplinary actions with respect to that organization’sor body’s recognition, the eligibility of their members to participate
in FIK’s activities, and/or fine that organization or body based on thefollowing:
12.2.1 Four (4) or more violations of these Anti-Doping Rules(other than violations involving Article 2.4) are committed by Shiaisha or other Persons affiliated with that 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 fromparticipation in any FIK activities for a period of up to two (2) years.
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 Shiai-sha or other
Persons affiliated with that organization or body during a twelve (12)month period. In such event, that organization or body may besuspended for a period of up to four (4) years.
ARTICLE 13

60

RESULTS MANAGEMENT: APPEALS 60[Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair andtransparent 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 theopportunity to appeal those decisions. Note that the definition of interested Persons and organizations with a

FIK 2021_AD_Rules_20210329- 49 / 79 -

13.1 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 the International
Standards. Such decisions shall remain in effect while under appeal unlessthe appellate body orders otherwise.
13.1.1

Scope of Review Not Limited

The scope of review on appeal includes all issues relevant to thematter and is expressly not limited to the issues or scope of review
before the initial decision maker. Any party to the appeal may submit
evidence, legal arguments and claims that were not raised in the first
instance hearing so long as they arise from the same cause of action
or same general facts or circumstances raised or addressed in thefirst instance hearing.61
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 body whose decision is being appealed.62
13.1.3

WADA Not Required to Exhaust Internal Remedies

Where WADA has a right to appeal under Article 13 and no otherparty has appealed a final decision within FIK’s process, WADA may
appeal such decision directly to CAS without having to exhaust otherremedies in FIK’s process.63
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 Consequences or not imposing Consequences for an anti-doping
rule violation, or a decision that no anti-doping rule violation wascommitted; a decision that an anti-doping rule violation proceeding cannot
go forward for procedural reasons (including, for example, prescription); aright to appeal under Article 13 does not include Shiai-sha, or their National Federations, who might benefit
from having another Shiai-sha Disqualified.]
61[Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015
Code, but rather for clarification. For example, where a Shiai-sha 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 Shiai-sha in the appeal.]

62[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.]

63[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of FIK’s process (forexample, a first hearing) and no party elects to appeal that decision to the next level of FIK’s process (e.g., theManaging Board), then WADA may bypass the remaining steps in FIK’s internal process and appeal directly toCAS.]

FIK 2021_AD_Rules_20210329- 50 / 79 -

decision by WADA not to grant an exception to the six (6) months noticerequirement for a retired Shiai-sha to return to Shiai under Article 5.6.1; adecision by WADA assigning Results Management under Article 7.1 of theCode; a decision by FIK not to bring forward an Adverse Analytical Findingor an Atypical Finding as an anti-doping rule violation, or a decision not togo forward with an anti-doping rule violation after an investigation inaccordance with the International Standard for Results Management; adecision to impose, or lift, a Provisional Suspension as a result of aProvisional Hearing; FIK’s failure to comply with Article 7.4; a decision that
FIK lacks authority to rule on an alleged anti-doping rule violation or its
Consequences; a decision to suspend, or not suspend, Consequences or toreinstate, or not reinstate, Consequences under Article 10.7.1; failure tocomply with Articles 7.1.4 and 7.1.5 of the Code; failure to comply with
Article 10.8.1; a decision under Article 10.14.3; a decision by FIK 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 Events

International-Level

Shiai-shaor

In cases arising from participation in an International Event or incases involving International-Level Shiai-sha, the decision may be
appealed exclusively to CAS.64
13.2.2

Appeals Involving Other Shiai-sha or Other Persons

In cases where Article 13.2.1 is not applicable, the decision may be
appealed to an appellate body, in accordance with rules adopted by
the National Anti-Doping Organization having authority over the
Shiai-sha or other Person.
The rules for such appeal shall respect the following principles: atimely hearing; a fair, impartial, Operationally Independent andInstitutionally Independent hearing panel; the right 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 thetime of the appeal, the decision 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 Shiai-sha
or International Events
In cases under Article 13.2.1, the following parties shall havethe right to appeal to CAS: (a) the Shiai-sha or other Person

64[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law
applicable to the annulment or enforcement of arbitral awards.]

FIK 2021_AD_Rules_20210329- 51 / 79 -

who is the subject of the decision being appealed; (b) theother party to the case in which the decision was rendered;(c) FIK; (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, asapplicable, where the 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.
13.2.3.2 Appeals Involving Other Shiai-sha or Other
Persons
In cases under Article 13.2.2, the parties having the right toappeal to the appellate body shall be as provided in the
National Anti-Doping Organization's rules but, at a minimum,
shall include the following parties: (a) the Shiai-sha or other
Person who is the subject of the decision being appealed;(b) the other party to the case in which the decision was
rendered; (c) FIK; (d) the National Anti-Doping Organizationof 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 effect inrelation to the Olympic Games or Paralympic Games,
including decisions affecting eligibility for the Olympic Gamesor Paralympic Games; and (f) WADA.
For cases under Article 13.2.2, WADA, the International
Olympic Committee, the International Paralympic Committee,
and FIK shall also have the right to appeal to CAS withrespect 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 theinformation 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 allother 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 Shiai-sha or other Person upon whom theProvisional Suspension is imposed.

FIK 2021_AD_Rules_20210329- 52 / 79 -

13.2.3.5

Appeal from Decisions under Article 12

Decisions by FIK 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 answer.65
13.3 Failure to Render a Timely Decision by FIK
Where, in a particular case, FIK fails to render a decision with respect towhether an anti-doping rule violation was committed within a reasonable
deadline set by WADA, WADA may elect to appeal directly to CAS as if FIK
had rendered a decision finding no anti-doping rule violation. If the CAS
hearing panel determines that an anti-doping rule violation was committed
and that WADA acted reasonably in electing to appeal directly to CAS, then
WADA’s costs and attorney fees in prosecuting the appeal shall bereimbursed to WADA by FIK.66
13.4 Appeals Relating to TUEs
TUE decisions may be appealed exclusively as provided in Article 4.4.
13.5 Notification of Appeal Decisions
FIK shall promptly provide the appeal decision to the Shiai-sha or other
Person and to the other Anti-Doping Organizations that would have been
entitled to appeal under Article 13.2.3 as provided under Article 14.2.
13.6 Time for Filing Appeals67
13.6.1

Appeals to CAS

The time to file an appeal to CAS shall be twenty-one (21) days fromthe date of receipt of the decision by the appealing party. The above
notwithstanding, the following shall apply in connection with appeals
filed by a party entitled to appeal but which was not a party to theproceedings that led to the decision being appealed:
65[Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit a
Shiai-sha the right to cross appeal when an Anti-Doping Organization appeals a decision after the Shiai-sha’stime for appeal has expired. This provision permits a full hearing for all parties.]

66[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 FIK to render a decision
before WADA may intervene by appealing directly to CAS. Before taking such action, however, WADA willconsult with FIK and give FIK an opportunity to explain why it has not yet rendered a decision.]

67[Comment to Article 13.6: Whether governed by CAS rules or these Anti-Doping Rules, a party’s deadline toappeal does not begin running until receipt of the decision. For that reason, there can be no expiration of aparty's right to appeal if the party has not received the decision.]

FIK 2021_AD_Rules_20210329- 53 / 79 -(a) Within fifteen (15) days from the notice of the decision, suchparty/ies shall have the right to request a copy of the full case filepertaining to the decision from the Anti-Doping Organization that
had Results Management authority;(b) If such a request is made within the fifteen (15) day period, thenthe 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 the later of:(a) Twenty-one (21) days after the last day on which any other party
having a right to appeal could have appealed, or(b) Twenty-one (21) days after WADA’s receipt of the complete filerelating to the decision.
13.6.2

Appeals Under Article 13.2.2

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

CONFIDENTIALITY AND REPORTING

14.1 Information Concerning Adverse Analytical Findings, AtypicalFindings, and Other Asserted Anti-Doping Rule Violations
14.1.1 Notice of Anti-Doping Rule Violations to Shiai-sha and other
Persons
Notice to Shiai-sha or other Persons of anti-doping rule violations
asserted against them shall occur as provided under Articles 7 and14.
If at any point during Results Management up until the anti-doping
rule violation charge, FIK decides not to move forward with a matter,it must notify the Shiai-sha or other Person, (provided that the Shiaisha or other Person had been already informed of the ongoing Results
Management).
FIK 2021_AD_Rules_20210329- 54 / 79 -

14.1.2 Notice of Anti-Doping Rule Violations to National AntiDoping Organizations and WADA
Notice of the assertion of an anti-doping rule violation to the Shiaisha’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 Shiai-sha or other Person.
If at any point during Results Management up until the anti-doping
rule violation charge, FIK decides not to move forward with a matter,it must give notice (with reasons) to the Anti-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 Shiaisha's or other Person’s name, country, sport and discipline within the
sport, the Shiai-sha’s competitive level, whether the test was InCompetition or Out-of-Competition, the date of Sample collection,
the analytical result reported by the laboratory, and otherinformation as required by the International Standard for Results
Management.
Notification of anti-doping rule violations other than under Article 2.1
shall also include the rule violated and the basis of the asserted
violation.
14.1.4

Status Reports

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

Confidentiality

The recipient organizations shall not disclose this information beyond
those Persons with a need to know (which would include theappropriate personnel at the applicable National Olympic Committee,
National Federation) until FIK has made Public Disclosure as
permitted by Article 14.3.
14.1.6 Protection of Confidential Information by an Employee orAgent of the FIK
FIK shall ensure that information concerning Adverse Analytical
Findings, Atypical Findings, and other asserted anti-doping ruleviolations remains confidential until such information is Publicly
FIK 2021_AD_Rules_20210329- 55 / 79 -Disclosed in accordance with Article 14.3. FIK shall ensure that its
employees (whether permanent or otherwise), contractors, agents,
consultants, and Delegated Third Parties are subject to fully
enforceable contractual duty of confidentiality and to fully
enforceable procedures for the investigation and disciplining of
improper and/or unauthorized disclosure of such confidential
information.
14.2 Notice of Anti-Doping Rule Violation or Violations ofIneligibility or Provisional Suspension Decisions and Request
for Files
14.2.1 Anti-doping rule violation decisions or decisions related toviolations of Ineligibility 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 thefull reasons for the decision, including, if applicable, a justification for
why the maximum potential sanction was not imposed. Where thedecision is not in English or French, FIK shall provide an English or
French summary of the decision and the supporting reasons.
14.2.2 An Anti-Doping Organization having a right to appeal adecision received pursuant to Article 14.2.1 may, within fifteen (15)days of receipt, request a copy of the full case file pertaining to thedecision.
14.3 Public Disclosure
14.3.1 After notice has been provided to the Shiai-sha or other
Person in accordance with the International Standard for Results
Management, and to the applicable Anti-Doping Organizations inaccordance with Article 14.1.2, the identity of any Shiai-sha or other
Person who is notified of a potential anti-doping rule violation, theProhibited Substance or Prohibited Method and the nature of theviolation involved, and whether the Shiai-sha or other Person is
subject to a Provisional Suspension may be Publicly Disclosed by FIK.
14.3.2 No later than twenty (20) days after it has been determinedin an appellate decision under Article 13.2.1 or 13.2.2, or such appeal
has been waived, or a hearing in accordance with Article 8 has been
waived, or the assertion of an anti-doping rule violation has nototherwise been timely challenged, or the matter has been resolved
under Article 10.8, or a new period of Ineligibility, or reprimand, hasbeen imposed under Article 10.14.3, FIK must Publicly Disclose thedisposition of the anti-doping matter, including the sport, the antidoping rule violated, the name of the Shiai-sha or other Person
committing the violation, the Prohibited Substance or Prohibited
Method involved (if any) and the Consequences imposed. FIK mustalso Publicly Disclose within twenty (20) days the results of appellate

FIK 2021_AD_Rules_20210329- 56 / 79 -

decisions concerning anti-doping rule violations, including theinformation described above.68
14.3.3 After an anti-doping rule violation has been determined tohave been committed in an appellate decision under Article 13.2.1 or
13.2.2 or such appeal has been waived, or in a hearing in accordancewith Article 8 or where such hearing has been waived, or theassertion of an anti-doping rule violation has not otherwise beentimely challenged, or the matter has been resolved under Article 10.8,
FIK may make public such determination or decision and may
comment publicly on the matter.
14.3.4 In any case where it is determined, after a hearing or
appeal, that the Shiai-sha or other Person did not commit an antidoping rule violation, the fact that the decision has been appealed
may be Publicly Disclosed. However, the decision itself and theunderlying facts may not be Publicly Disclosed except with theconsent of the Shiai-sha or other Person who is the subject of thedecision. FIK shall use reasonable efforts to obtain such consent, andif consent is obtained, shall Publicly Disclose the decision in its
entirety or in such redacted form as the Shiai-sha or other Person
may approve.
14.3.5 Publication shall be accomplished at a minimum by placing
the required information on the FIK’s website and leaving theinformation 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 AntiDoping Organization, National Federation, or WADA-accredited
laboratory, or any official of any such body, shall publicly commenton the specific facts of any pending case (as opposed to generaldescription of process and science) except in response to publiccomments attributed to, or based on information provided by, theShiai-sha, other Person or their entourage or other representatives.
14.3.7 The mandatory Public Disclosure required in Article 14.3.2
shall not be required where the Shiai-sha or other Person who has
been found to have committed an anti-doping rule violation is a Minor,
Protected Person or Recreational Shiai-sha. Any optional Public
Disclosure in a case involving a Minor, Protected Person or
Recreational Shiai-sha shall be proportionate to the facts andcircumstances of the case.
14.4 Statistical Reporting

68[Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breachof other applicable laws, FIK’s failure to make the Public Disclosure will not result in a determination of noncompliance with Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy
and Personal Information.]

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FIK shall, at least annually, publish publicly a general statistical report of its
Doping Control activities, with a copy provided to WADA. FIK may also
publish reports showing the name of each Shiai-sha tested and the date ofeach Testing.
14.5 Doping Control Information Database and Monitoring ofComplianceTo enable WADA to perform its compliance monitoring role and to ensure
the effective use of resources and sharing of applicable Doping Control
information among Anti-Doping Organizations, FIK shall report to WADA
through ADAMS Doping Control-related information, including, in particular:(a)Athlete Biological Passport data for International-Level Shiaisha and National-Level Shiai-sha,(b)
Whereabouts information for Shiai-sha including those inRegistered 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 that Athlete Biological Passport profiles
are updated, FIK shall report all In-Competition and Out-ofCompetition tests to WADA by entering the Doping Control forms into
ADAMS in accordance with the requirements and timelines containedin the International Standard for Testing and Investigations.
14.5.2 To facilitate WADA’s oversight and appeal rights for TUEs,
FIK 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.
14.5.3 To facilitate WADA’s oversight and appeal rights for Results
Management, FIK shall report the following information into ADAMS
in accordance with the requirements and timelines outlined in theInternational Standard for Results Management: (a) notifications ofanti-doping rule violations and related decisions for Adverse
Analytical Findings; (b) notifications and related decisions for otheranti-doping rule violations that are not Adverse Analytical Findings;(c) whereabouts failures; and (d) any decision imposing, lifting orreinstating a Provisional Suspension.
14.5.4 The information described in this Article will be madeaccessible, where appropriate and in accordance with the applicable
rules, to the Shiai-sha, the Shiai-sha’s National Anti-Doping
Organization, and any other Anti-Doping Organizations with Testing
authority over the Shiai-sha.

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14.6 Data Privacy
14.6.1 FIK may collect, store, process or disclose personal
information relating to Shiai-sha 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 and Personal Information),these Anti-Doping Rules, and in compliance with applicable law.
14.6.2

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

ARTICLE 15

IMPLEMENTATION OF DECISIONS

15.1 Automatic Binding Effect of Decisions by Signatory AntiDoping 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 the parties to theproceeding upon FIK 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 Shiai-sha orother Person has either accepted the Provisional
Suspension or has waived the right to a Provisional
Hearing, expedited hearing or expedited appeal
offeredinaccordancewith
Article7.4.3)
automatically prohibits the Shiai-sha or other Personfrom participation (as described in Article 10.14.1)
in all sports within the authority of any Signatory
during the Provisional Suspension.

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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
Shiai-sha or other Person from participation (asdescribed in Article 10.14.1) in all sports within theauthority of any Signatory for the period of
Ineligibility.
15.1.1.3 A decision by any of the above-described bodies
accepting an anti-doping rule violation automaticallybinds 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
the specified period.
15.1.2 FIK and its National Federations shall recognize andimplement a decision and its effects as required by Article 15.1.1,
without any further action required, on the earlier of the date FIK
receives actual notice of the decision or the date the decision isplaced into ADAMS.
15.1.3 A decision by an Anti-Doping Organization, a national
appellate body or CAS to suspend, or lift, Consequences shall bebinding upon FIK and its National Federations without any further
action required, on the earlier of the date FIK receives actual noticeof 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 anti-doping rule violation by a Major Event
Organization made in an expedited process during an Event shall not
be binding on FIK or its National Federations unless the rules of the
Major Event Organization provide the Shiai-sha or other Person with
an opportunity to an appeal under non-expedited procedures.69
15.2 Implementation
Organizations

of

Other

DecisionsbyAnti-Doping

FIK and its National Federations may decide to implement other anti-doping
decisions rendered by Anti-Doping Organizations not described in Article
15.1.1 above, such as a Provisional Suspension prior to a Provisional
Hearing or acceptance by the Shiai-sha or other Person.70
69[Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the
Shiai-sha 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 Shiai-sha or other Person chooses the expedited appeal option.]

70[Comment to Articles 15.1 and 15.2: Anti-Doping Organization decisions under Article 15.1 are implemented
automatically by other 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 a Shiai-sha,that decision is given automatic effect at the International Federation level. To be clear, the “decision” is the

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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 shallbe implemented by FIK and its National Federations, if FIK finds that thedecision purports to be within the authority of that body and the anti-doping
rules of that body are otherwise consistent with the Code.71
ARTICLE 16

STATUTE OF LIMITATIONSNo anti-doping rule violation proceeding may be commenced against a Shiai-sha
or other Person unless he 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

FIK shall plan, implement, evaluate and promote Education in line with therequirements of Article 18.2 of the Code and the International Standard for
Education.
ARTICLE 18
ADDITIONALROLESNATIONAL FEDERATIONSANDRESPONSIBILITIES

OF

18.1 All National Federations and their members shall comply with theCode, 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 FIK may
enforce these Anti-Doping Rules (including carrying out Testing)directly in respect of Shiai-sha (including National-Level Shiai-sha)and other Persons under their anti-doping authority as specified in
the Introduction to these Anti-Doping Rules (Section “Scope of theseAnti-Doping Rules”).
18.2 Each National Federation shall incorporate these Anti-Doping Rules
either directly or by reference into its governing documents,
constitution and/or rules as part of the rules of sport that bind theirmembers so that the National Federation may enforce them itself
one made by the National Anti-Doping Organization, there is not a separate decision to be made by theInternational Federation. Thus, any claim by the Shiai-sha 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 appealof the underlying decision. The extent of recognition of TUE decisions of other Anti-Doping Organizations shallbe determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.]
71[Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects
Code compliant and in other respects not Code compliant, FIK, other Signatories and National Federations
should attempt to apply the decision in harmony with the principles of the Code. For example, if in a process
consistent with the Code a non-Signatory has found a Shiai-sha to have committed an anti-doping ruleviolation on account of the presence of a Prohibited Substance in the Shiai-sha’s body but the period of
Ineligibility applied is shorter than the period provided for in the Code, then FIK and all other Signatories
should recognize the finding of an anti-doping rule violation and the Shiai-sha’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. FIK or other Signatory’s implementation of a decision,or their decision not to implement a decision under Article 15.3, is appealable under Article 13.]

FIK 2021_AD_Rules_20210329- 61 / 79 -

directly in respect of Shiai-sha (including National-Level Shiai-sha)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 FIK in that function. They shall also
recognize, abide by, and implement the decisions made pursuant tothese 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 the Code, International Standards, and these AntiDoping Rules by inter alia:(i) conducting Testing only under the documented authority of FIK
and using their National Anti-Doping Organization or other
Sample collection authority to collect Samples in compliance with
the International Standard for Testing and Investigations;(ii) recognizing the authority of the National Anti-Doping Organizationin their country in accordance with Article 5.2.1 of the Code andassisting as appropriate with the National Anti-Doping
Organization’s implementation of the national Testing program fortheir sport;(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 panel in accordance with
Article 8.1 and the International Standard for Results
Management.
18.5 All National Federations shall establish rules requiring all Shiai-sha
preparing for or participating in a Shiai or activity authorized ororganized by a National Federation or one of its member
organizations, and all Shiai-sha Support Personnel associated withsuch Shiai-sha, to agree to be bound by these Anti-Doping Rules andto submit to the Results Management authority of the Anti-Doping
Organization in conformity with the Code as a condition of suchparticipation.
18.6 All National Federations shall report any information suggesting or
relating to an anti-doping rule violation to FIK and to their National
Anti-Doping Organizations and shall cooperate 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 toprevent Shiai-sha Support Personnel who are Using Prohibited
Substances or Prohibited Methods without valid justification fromFIK 2021_AD_Rules_20210329- 62 / 79 -

providing support to Shiai-sha under the authority of FIK or the
National Federation.
18.8 All National Federations shall conduct anti-doping Education incoordination with their National Anti-Doping Organizations.
ARTICLE 19

ADDITIONAL ROLES AND RESPONSIBILITIES OF FIK

19.1 In addition to the roles and responsibilities described in Article 20.3of the Code for International Federations, FIK shall report to WADA
on FIK’s compliance with the Code and the International Standardsin accordance with Article 24.1.2 of the Code.
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of
the Code, all FIK board members, directors, officers and those
employees (and those of appointed Delegated Third Parties), who are
involved in any aspect of Doping Control, must agree to be bound bythese Anti-Doping Rules as Persons in conformity with the Code fordirect and intentional misconduct.
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of
the Code, any FIK employee who is involved in Doping Control (otherthan authorized anti-doping Education or rehabilitation programs)
must confirm in writing that they are not Provisionally Suspended orserving a period of Ineligibility and have not been directly or
intentionally engaged in conduct within the previous six (6) years
which would have constituted a violation of anti-doping rules if Codecompliant rules had been applicable to them.
ARTICLE 20
ADDITIONAL ROLES AND RESPONSIBILITIES OF SHIAISHA
20.1 To be knowledgeable of and comply with these Anti-Doping Rules.
20.2 To be available for Sample collection at all times.72
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 and Prohibited Methods and to take responsibility tomake sure that any medical treatment received does not violatethese Anti-Doping Rules.
20.5 To disclose to FIK and their National Anti-Doping Organization any
decision by a non-Signatory finding that the Shiai-sha committed ananti-doping rule violation within the previous ten (10) years.

72[Comment to Article 20.2: With due regard to a Shiai-sha’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 Shiai-sha Use low doses of EPO during these hours so that it will be undetectable in themorning.]

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20.6 To cooperate with Anti-Doping Organizations investigating antidoping rule violations.
20.7 To disclose the identity of their Shiai-sha Support Personnel uponrequest by FIK or a National Federation, or any other Anti-Doping
Organization with authority over the Shiai-sha.
20.8 Offensive conduct towards a Doping Control official or other Person
involved in Doping Control by a Shiai-sha, which does not otherwise
constitute Tampering, may result in a charge of misconduct under
FIK's code of conduct.
ARTICLE 21
ADDITIONAL ROLES AND RESPONSIBILITIES OF SHIAISHA SUPPORT PERSONNEL
21.1 To be knowledgeable of and comply with these Anti-Doping Rules.
21.2 To cooperate with the Shiai-sha Testing program.
21.3 To use their influence on Shiai-sha values and behavior to foster antidoping attitudes.
21.4 To disclose to FIK and their National Anti-Doping Organization any
decision by a non-Signatory finding that they committed an antidoping rule violation within the previous ten (10) years.
21.5 To cooperate with Anti-Doping Organizations investigating antidoping rule violations.
Failure by any Shiai-sha Support Personnel to cooperate in full with
Anti-Doping Organizations investigating anti-doping rule violations
may result in a charge of misconduct under FIK's code of conduct.
21.6 Shiai-sha 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 charge of misconduct
under FIK's code of conduct.
21.7 Offensive conduct towards a Doping Control official or other Person
involved in Doping Control by Shiai-sha Support Personnel, which
does not otherwise constitute Tampering, may result in a charge of
misconduct under FIK's code of conduct.
ARTICLE 22
ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHERPERSONS SUBJECT TO THESE ANTI-DOPING RULES
22.1 To be knowledgeable of and comply with these Anti-Doping Rules.
22.2 To disclose to FIK and their National Anti-Doping Organization any
decision by a non-Signatory finding that they committed an antidoping rule violation within the previous ten (10) years.
FIK 2021_AD_Rules_20210329- 64 / 79 -

22.3 To cooperate with Anti-Doping Organizations investigating antidoping rule violations.
Failure by any other Person subject to these Anti-Doping Rules tocooperate in full with Anti-Doping Organizations investigating antidoping rule violations may result in a charge of misconduct under
FIK's code of conduct.
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method
without valid justification.
22.5 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 charge of misconduct under
FIK's code of conduct.
ARTICLE 23

INTERPRETATION OF THE CODE

23.1 The official text of the Code shall be maintained by WADA and shallbe published in English and French. In the event of any conflict
between the English and French versions, the English version shallprevail.
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 by reference 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 arefor convenience only and shall not be deemed part of the substanceof the Code or to affect in any way the language of the provisions towhich 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 thedate the Code is accepted by a Signatory and implemented in its rules.
However, pre-Code anti-doping rule violations would continue tocount as "First violations" or "Second violations" for purposes ofdetermining sanctions under Article 10 for subsequent post-Codeviolations.
23.7 The Purpose, Scope and Organization of the World Anti-Doping
Program and the Code and Appendix 1, Definitions shall beconsidered integral parts of the Code.

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ARTICLE 24

FINAL PROVISIONS

24.1 Where the term “days” is used in these Anti-Doping Rules, it shallmean calendar days unless otherwise specified.
24.2 These Anti-Doping Rules shall be interpreted as an independent andautonomous text and not by reference to existing law or statutes.
24.3 These Anti-Doping Rules have been adopted pursuant to theapplicable provisions of the Code and the International Standards
and shall be interpreted in a manner that is consistent with applicableprovisions of the Code and the International Standards. The Codeand the International Standards shall be considered integral parts ofthese Anti-Doping Rules and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be considered integral partsof these Anti-Doping Rules.
24.5 The comments annotating various provisions of these Anti-Doping
Rules shall be used to interpret 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 FIK’s AntiDoping Rules.
24.7 These Anti-Doping Rules shall not apply retroactively to matterspending before the Effective Date. However:
24.7.1 Anti-doping rule violations taking place prior to the
Effective Date count as "first violations" or "second violations" forpurposes 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 Date and any anti-doping rule violation case brought
after the Effective Date based on an anti-doping rule violation which
occurred prior to the Effective Date, shall be governed by thesubstantive anti-doping rules in effect at the time the alleged antidoping rule violation occurred, and not by the substantive antidoping rules set out in these Anti-Doping Rules, unless the panel
hearing the case determines the principle of “lex mitior” appropriately
applies under the circumstances of the case. For these purposes, theretrospective periods in which prior violations can be considered for
purposes of multiple violations under Article 10.9.4 and the statuteof limitations set forth in Article 16 are procedural rules, notsubstantive rules, and should be applied retroactively along with allof 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 EffectiveDate).

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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 shallbe 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 antidoping rule violation has been rendered prior to the Effective Date,but the Shiai-sha or other Person is still serving the period of
Ineligibility as of the Effective Date, the Shiai-sha or other Person
may apply to FIK 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 theseAnti-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 noapplication to any case where a final decision finding an anti-doping
rule violation has been rendered and the period of Ineligibility has
expired.
24.7.5 For purposes of assessing the period of Ineligibility for asecond violation under Article 10.9.1, where the sanction for the first
violation was determined based on rules in force prior to the Effective
Date, the period of Ineligibility which would have been assessed forthat first violation had these Anti-Doping Rules been applicable, shallbe applied.73
24.7.6 Changes to the Prohibited List and Technical Documents
relating to substances or methods on the Prohibited List shall not,unless they specifically provide otherwise, be applied retroactively.
As an exception, however, when a Prohibited Substance or a
Prohibited Method has been removed from the Prohibited List, aShiai-sha or other Person currently serving a period of Ineligibility on
account of the formerly Prohibited Substance or Prohibited Method
may apply to FIK 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 theremoval of the substance or method from the Prohibited List.

73[Comment to Article 24.7.5: Other than the situation described in Article 24.7.5, where a final decisionfinding 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 recharacterize the prior violation.]

FIK 2021_AD_Rules_20210329- 67 / 79 -

APPENDIX 1

DEFINITIONS74

ADAMS: The Anti-Doping Administration and Management System is a Web-based
database management tool for data entry, storage, sharing, and reporting
designed to assist stakeholders and WADA in their anti-doping operations inconjunction with data protection legislation.
Administration: Providing, supplying, supervising, facilitating, or otherwise
participating in the Use or Attempted Use by another Person of a Prohibited
Substance or Prohibited Method. However, this definition shall not include theactions of bona fide medical personnel involving a Prohibited Substance or
Prohibited Method Used for genuine and legal therapeutic purposes or otheracceptable justification and shall not include actions involving Prohibited
Substances which are not prohibited in Out-of-Competition Testing unless thecircumstances as a whole demonstrate that such Prohibited Substances are notintended for genuine and legal therapeutic purposes or are intended to enhancesport performance.
Adverse Analytical Finding: A report from a WADA-accredited laboratory or other
WADA-approved laboratory that, consistent with the International Standard forLaboratories, establishes in a Sample the presence 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 the applicable International Standards.
Aggravating Circumstances: Circumstances involving, or actions by, a Shiai-sha
or other Person which may justify the imposition of a period of Ineligibility greaterthan the standard sanction. Such circumstances and actions shall include, but are
not limited to: the Shiai-sha 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
rule violations; a normal individual would be likely to enjoy the performanceenhancing effects of the anti-doping rule violation(s) beyond the otherwise
applicable period of Ineligibility; the Shiai-sha or Person engaged in deceptive or
obstructive conduct to avoid the detection or adjudication of an anti-doping ruleviolation; or the Shiai-sha or other Person engaged in Tampering during Results
Management. For the avoidance of doubt, the examples of circumstances andconduct described herein are not exclusive and other 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 ofintelligence and conduct of investigations, processing of TUE applications, Results
Management, monitoring and enforcing compliance with any Consequences
imposed, and all other 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 theInternational Standards.
74[Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms
used as other parts of speech.]

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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, the International Olympic Committee, theInternational Paralympic Committee, other Major Event Organizations that
conduct Testing at their Events, International Federations, and National AntiDoping Organizations.
Athlete Biological Passport: The program and methods of gathering and collating
data as described in the International Standard for Testing and Investigations andInternational Standard for Laboratories.
Attempt: Purposely engaging in conduct that constitutes a substantial step in acourse of conduct planned to culminate in the commission of an anti-doping ruleviolation. Provided, however, there shall be no anti-doping rule violation based
solely on an Attempt to commit a violation if the Person renounces the Attemptprior to it being discovered by a third party not involved in the Attempt.
Atypical Finding: A report from a WADA-accredited laboratory or other WADAapproved laboratory which requires further investigation as provided by theInternational Standard for Laboratories or related Technical Documents prior to
the determination of an Adverse Analytical Finding.
Atypical Passport Finding: A report described as an Atypical Passport Finding as
described in the applicable International Standards.
CAS: The Court of Arbitration for Sport.
Code: The World Anti-Doping Code.
Consequences of Anti-Doping Rule Violations (“Consequences”): A Shiai-sha's orother Person's violation of an anti-doping rule may result in one or more of thefollowing: (a) Disqualification means the Shiai-sha’s results in a particular Shiai or
Event are invalidated, with all resulting Consequences including forfeiture of any
medals, points and prizes; (b) Ineligibility means the Shiai-sha or other Person isbarred on account of an anti-doping rule violation for a specified period of timefrom participating in any Shiai or other activity or funding as provided in
Article 10.14; (c) Provisional Suspension means the Shiai-sha or other Person isbarred temporarily from participating in any Shiai or activity prior to the final
decision at a hearing conducted under Article 8; (d) Financial Consequencesmeans a financial sanction imposed for an anti-doping rule violation or to recover
costs associated with an anti-doping rule violation; and (e) Public Disclosuremeans the dissemination or distribution of information to the general 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 notdisclosed on the product label or in information available in a reasonable Internet
search.
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 theInternational Standard for Laboratories.
FIK 2021_AD_Rules_20210329- 69 / 79 -Delegated Third Party: Any Person to which FIK 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 FIK, or individuals
serving as independent contractors who perform Doping Control services for FIK(e.g., non-employee Doping Control officers or chaperones). This definition does
not include CAS.
Disciplines: Kendo, Iaido and Jodo.
Disqualification: See Consequences of Anti-Doping Rule Violations above.
Doping Control: All steps and processes from test distribution planning through toultimate disposition of any appeal 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 toviolations of Article 10.14 (Status During Ineligibility or Provisional Suspension).
Education: The process of learning to instill values and develop behaviors that
foster and protect the spirit of sport, and to prevent intentional and unintentional
doping.
Event: A series of individual Shiai 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 establishedby 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 particularsituation. Factors to be taken into consideration in assessing a Shiai-sha’s or other
Person’s degree of Fault include, for example, the Shiai-sha’s or other Person’s
experience, whether the Shiai-sha or other Person is a Protected Person, special
considerations such as impairment, the degree of risk that should have been
perceived by the Shiai-sha and the level of care and investigation exercised by the
Shiai-sha in relation to what should have been the perceived level of risk. In
assessing the Shiai-sha’s or other Person’s degree of Fault, the circumstancesconsidered must be specific and relevant to explain the Shiai-sha’s or other
Person’s departure from the expected standard of behavior. Thus, for example,
the fact that a Shiai-sha would lose the opportunity to earn large sums of money
during a period of Ineligibility, or the fact that the Shiai-sha only has a short timeleft in a career, or the timing of the sporting calendar, would not be relevant
factors to be considered in reducing the period of Ineligibility under Article 10.6.1
or 10.6.2.75
75[Comment to Fault: The criteria for assessing a Shiai-sha’s degree of Fault is the same under all Articles
where Fault is to be considered. 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 Shiai-sha or other Person was involved.]

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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 Shiai
in which the Shiai-sha is scheduled to participate through the end of such Shiai
and the Sample collection process related to such Shiai.
Independent Observer Program: A team of observers and/or auditors, under thesupervision of WADA, who observe and provide guidance on the Doping Control
process prior to or during certain Events and report on their observations as partof WADA’s compliance monitoring program.76
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 the Anti-Doping Organization responsible for Results
Management. They must therefore not in any way be administered by, connectedor subject to the Anti-Doping Organization responsible for Results Management.
International Event: An Event or Shiai where the International Olympic Committee,
the International Paralympic Committee, an International Federation, a Major
Event Organization, or another international sport organization is the ruling bodyfor the Event or appoints the technical officials for the Event.
International-Level Shiai-sha: Shiai-sha who compete in sport at the international
level, as defined by each International Federation, consistent with theInternational Standard for Testing and Investigations. For the sport of Kendo,
International-Level Shiai-sha are defined as set out in the Scope section of theIntroduction to these Anti-Doping Rules.77
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.

76[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 Shiai-sha about therelevant 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 the Competition period.]

77[Comment to International-Level Shiai-sha: Consistent with the International Standard for Testing andInvestigations, FIK is free to determine the criteria it will use to classify Shiai-sha as International-Level Shiaisha, e.g., by ranking, by participation in particular International Events, by type of license, etc. However, it
must publish those criteria in clear and concise form, so that Shiai-sha are able to ascertain quickly and easily
when they will become classified as International-Level Shiai-sha. For example, if the criteria include
participation in certain International Events, then the International Federation must publish a list of thoseInternational Events.]

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Major Event Organizations: The continental associations of National Olympic
Committees and other international multi-sport organizations that function as theruling body for any continental, regional or other International Event.
Marker: A compound, group of compounds or biological variable(s) that indicates
the Use of a Prohibited Substance or Prohibited Method.
Metabolite: Any substance produced by a biotransformation process.
Minimum Reporting Level: The estimated concentration of a Prohibited Substanceor its Metabolite(s) or Marker(s) in a Sample below which WADA-accredited
laboratories should not report that Sample as an Adverse 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 primary authority and responsibility to adopt and implement antidoping rules, direct the collection of Samples, manage test results, and conducthearings at the national level. If this designation has not been made by thecompetent public authority(ies), the entity shall be the country’s National Olympic
Committee or its designee.
National Event: A sport Event or Shiai involving International- or National-Level
Shiai-sha that is not an International Event.
National Federation: A national or regional entity which is a member of or isrecognized by FIK as the entity governing FIK's sport in that nation or region.
National-Level Shiai-sha: Shiai-sha who compete in sport at the national level, as
defined by each National Anti-Doping Organization, consistent with theInternational 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 theanti-doping area.
No Fault or Negligence: The Shiai-sha or other Person's establishing that he or she
did not know or suspect, and could not reasonably have known or suspected evenwith the exercise of utmost caution, that he or she had Used or been administered
the Prohibited Substance or Prohibited Method or otherwise violated an antidoping rule. Except in the case of a Protected Person or Recreational Shiai-sha,
for any violation of Article 2.1, the Shiai-sha must also establish how the Prohibited
Substance entered the Shiai-sha’s system.
No Significant Fault or Negligence: The Shiai-sha or other Person's establishingthat any Fault or Negligence, when viewed in the totality of the circumstances andtaking into account the criteria for No Fault or Negligence, was not significant inrelationship to the anti-doping rule violation. Except in the case of a Protected

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Person or Recreational Shiai-sha, for any violation of Article 2.1, the Shiai-sha
must also establish how the Prohibited Substance entered the Shiai-sha’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 such clerk is involved in the deliberation process and/or draftingof any decision) of hearing panels of that Anti-Doping Organization withresponsibility for Results Management and (2) hearing panels shall be in a position
to conduct the hearing and decision-making process without interference from theAnti-Doping Organization or any third party. The objective is to ensure thatmembers of the hearing panel or individuals 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 Shiai-sha or Shiai-sha Support Person.
Person: A natural Person or an organization or other entity.
Possession: The actual, physical Possession, or the constructive Possession (whichshall be found only if the Person has exclusive control or intends to exercise control
over the Prohibited Substance or Prohibited Method or the premises in which a
Prohibited Substance or Prohibited Method exists); provided, however, that if the
Person does not have exclusive control over the Prohibited Substance or Prohibited
Method or the premises in which a Prohibited Substance or Prohibited Method
exists, constructive Possession shall only be found if the Person knew about thepresence of the Prohibited Substance or Prohibited Method and intended toexercise control over it. Provided, however, there shall be no anti-doping ruleviolation based solely on Possession if, prior to receiving notification of any kindthat the Person has committed an anti-doping rule violation, the Person has taken
concrete action demonstrating that the Person never intended to have Possession
and has renounced Possession by explicitly declaring it to an Anti-Doping
Organization. Notwithstanding anything to the contrary in this definition, thepurchase (including by any electronic or other means) of a Prohibited Substanceor Prohibited Method constitutes Possession by the Person who makes thepurchase.78
Prohibited List: The List identifying the Prohibited Substances and Prohibited
Methods.

78[Comment to Possession: Under this definition, anabolic steroids found in a Shiai-sha's car would constitutea violation unless the Shiai-sha establishes that someone else used the car; in that event, FIK must establish
that, even though the Shiai-sha did not have exclusive control over the car, the Shiai-sha knew about the
anabolic steroids and intended to have control over them. Similarly, in the example of anabolic steroids foundin a home medicine cabinet under the joint control of a Shiai-sha and spouse, FIK must establish that the
Shiai-sha knew the anabolic steroids were in the cabinet and that the Shiai-sha intended to exercise control
over them. The act of purchasing a Prohibited Substance alone constitutes Possession, even where, forexample, the product does not arrive, is received by someone else, or is sent to a third-party address.]

FIK 2021_AD_Rules_20210329- 73 / 79 -Prohibited Method: Any method so described on the Prohibited List.
Prohibited Substance: Any substance, or class of substances, so described on theProhibited List.
Protected Person: A Shiai-sha or other natural Person who at the time of the antidoping 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 under applicable national legislation.79
Provisional Hearing: For purposes of Article 7.4.3, an expedited abbreviatedhearing occurring prior to a hearing under Article 8 that provides the Shiai-sha
with notice and an opportunity to be heard in either written or oral form.80
Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.
Publicly Disclose: See Consequences of Anti-Doping Rule Violations above.
Regional Federation: A group of affiliated Members, which are geographicallysituated and have formed themselves into a federation, which is recognised by
FIK.
Recreational Shiai-sha: 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 ruleviolation, has been an International-Level Shiai-sha (as defined by each
International Federation consistent with the International Standard for Testing andInvestigations) or National-Level Shiai-sha (as defined by each National AntiDoping Organization consistent with the International Standard for Testing andInvestigations), has represented any country in an International Event in an open
category or has been included within any Registered Testing Pool or otherwhereabouts information pool maintained by any International Federation or
National Anti-Doping Organization.81
Regional Anti-Doping Organization: A regional entity designated by member
countries to coordinate and manage delegated areas of their national anti-doping
programs, which may include the adoption and implementation of anti-doping
rules, the planning and collection of Samples, the management of results, thereview of TUEs, the conduct of hearings, and the conduct of Educational programs
at a regional level.
79[Comment to Protected Person: The Code treats Protected Persons differently than other Shiai-sha or Persons
in certain circumstances based on the understanding that, below a certain age or intellectual capacity, a Shiaisha or other Person may not possess the mental capacity to understand and appreciate the prohibitions
against conduct contained in the Code.

80[Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not
involve a full review of the facts of the case. Following a Provisional Hearing, the Shiai-sha remains entitledto a subsequent full hearing on the merits of the case. By contrast, an “expedited hearing”, as that term isused in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.]

81[Comment to Recreational Shiai-sha: The term “open category” is meant to exclude competition that is limited
to junior or age group categories.]

FIK 2021_AD_Rules_20210329- 74 / 79 -Registered Testing Pool: The pool of highest-priority Shiai-sha establishedseparately at the international level by International Federations and at thenational 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 andtherefore are required to provide whereabouts information as provided in Article
5.5 and the International Standard for Testing and Investigations.
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 theInternational Standard for Results Management, through the charge until the final
resolution of the matter, including the end of the hearing process at first instanceor on appeal (if an appeal was lodged).
Sample or Specimen: Any biological material collected for the purposes of Doping
Control.82
Shiai: Competition. A single race, match, game or singular sport contest. For
example, a basketball game or the finals of the Olympic 100-meter race inathletics. For stage races and other sport contests where prizes are awarded on adaily or other interim basis the distinction between a Shiai and an Event will be asprovided in the rules of FIK.
Shiai-sha: Any Person who competes in sport at the international level (as definedby 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 a Shiai-sha who is neither an International-Level Shiai-sha
nor a National-Level Shiai-sha, and thus to bring them within the definition of“Shiai-sha”. In relation to Shiai-sha who are neither International-Level nor
National-Level Shiai-sha, 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. However, if an Article 2.1, 2.3 or 2.5 anti-doping ruleviolation is committed by any Shiai-sha 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 antidoping information and Education, any Person who participates in sport under theauthority of any Signatory, government, or other sports organization accepting
the Code is a Shiai-sha.83
82[Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples
violates the tenets of certain religious or cultural groups. It has been determined that there is no basis forany such claim.]

83[Comment to Shiai-sha: Individuals who participate in sport may fall in one of five categories: 1)
International-Level Shiai-sha, 2) National-Level Shiai-sha, 3) individuals who are not International- or
National-Level Shiai-sha but over whom the International Federation or National Anti-Doping Organization
has chosen to exercise authority, 4) Recreational Shiai-sha, and 5) individuals over whom no International
Federation or National Anti-Doping Organization has, or has chosen to, exercise authority. All Internationaland National-Level Shiai-sha are subject to the anti-doping rules of the Code, with the precise definitions of

FIK 2021_AD_Rules_20210329- 75 / 79 -

Shiai-sha Support Personnel: Any coach, trainer, manager, agent, team staff,
official, medical, paramedical personnel, parent or any other Person working with,treating or assisting a Shiai-sha participating in or preparing for Shiai.
Signatories: Those entities accepting the Code and agreeing to implement theCode, 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 Shiai-sha’s
part be demonstrated by the Anti-Doping Organization in order to establish an
anti-doping rule violation.
Substance of Abuse: See Article 4.2.3.
Substantial Assistance: For purposes of Article 10.7.1, a Person providing
Substantial Assistance must: (1) fully disclose in a signed written statement orrecorded interview all information he or she possesses in relation to anti-doping
rule violations or other proceeding described in Article 10.7.1.1, and (2) fully
cooperate with the investigation and adjudication of any case or matter related tothat information, including, for example, presenting testimony at a hearing if
requested to do so by an Anti-Doping Organization or hearing panel. Further, theinformation provided must be credible and must comprise an important part ofany case or proceeding which is initiated or, if no case or proceeding is initiated,must have provided a sufficient basis on which a case or proceeding could havebeen brought.
Tampering: Intentional conduct which subverts the Doping Control process, butwhich would not otherwise be included in the definition of Prohibited Methods.
Tampering shall include, without limitation, offering or accepting a bribe toperform or fail to perform an act, preventing the collection of a Sample, affecting
or making impossible the analysis of a Sample, falsifying documents submitted toan Anti-Doping Organization or TUE committee or hearing panel, procuring false
testimony from witnesses, committing any other fraudulent act upon the AntiDoping Organization or hearing body to affect Results Management or theimposition of Consequences, and any other similar intentional interference or
Attempted interference with any aspect of Doping Control.84

international and national level sport to be set forth in the anti-doping rules of the International Federations
and National Anti-Doping Organizations.]
84[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 theaddition 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 partof a Person's legitimate defense to an anti-doping rule violation charge shall not be considered Tampering.
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does
not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations.]

FIK 2021_AD_Rules_20210329- 76 / 79 -

Target Testing: Selection of specific Shiai-sha for Testing based on criteria set
forth in the International Standard for Testing and Investigations.
Team Sport: A sport in which the substitution of players is permitted during a
Shiai.
Technical Document: A document adopted and published by WADA from time totime 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 thelaboratory.
Testing Pool: The tier below the Registered Testing Pool which includes Shiai-sha
s from whom some whereabouts information is required in order to locate andTest the Shiai-sha Out-of-Competition.]
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows a Shiaisha 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 (orPossessing for any such purpose) a Prohibited Substance or Prohibited Method(either physically or by any electronic or other means) by a Shiai-sha, Shiai-sha
Support Person or any other Person subject to the authority of an Anti-Doping
Organization to any third party; provided, however, this definition shall not include
the actions of bona fide medical personnel involving a Prohibited Substance Usedfor genuine and legal therapeutic purposes or other acceptable justification, andshall not include actions involving Prohibited Substances which are not prohibitedin 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.
UNESCO Convention: The International Convention against Doping in Sport
adopted by the 33rd session of the UNESCO General Conference on 19 October2005 including any and all amendments adopted by the States Parties to theConvention and the Conference of Parties to the International Convention against
Doping in Sport.
Use: The 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, awritten agreement between an Anti-Doping Organization and a Shiai-sha or other
Person that allows the Shiai-sha or other Person to provide information to theAnti-Doping Organization in a defined time-limited setting with the understanding
that, if an agreement for Substantial Assistance or a case resolution agreement is
FIK 2021_AD_Rules_20210329- 77 / 79 -not finalized, the information provided by the Shiai-sha or other Person in thisparticular setting may not be used by the Anti-Doping Organization against the
Shiai-sha 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 Shiai-sha or other Person against theAnti-Doping Organization in any Results Management proceeding under the Code.
Such an agreement shall not preclude the Anti-Doping Organization, Shiai-sha orother 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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VERSION HISTORY
March 29, 2021
The term “intentionally left blank.” has been inserted in Article 10.12 and ARTICLE
11 as follows.
Article 10.12 (Financial Consequences) intentionally left blank.
ARTICLE 11 (CONSEQUENCES TO TEAMS) intentionally left blank.

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