4.1 Prohibited List

4.1    Prohibited List

All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go into effect, without further formality. It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up-to-date version of the Prohibited List and all revisions thereto.

4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

4.2    Prohibited Substances and Prohibited Methods Identified on the Prohibited List

4.2.1    Prohibited Substances and Prohibited Methods

The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition) because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only. The Prohibited List may be expanded by WADA for a particular sport. Prohibited Substances and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method. ²⁴

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. Specified Substances and Specified Methods identified in this Article 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 an Athlete for a purpose other than the enhancement of sport performance.²⁵  

4.2.3     Substances of Abuse 

For purposes of applying Article 10, Substances of Abuse are those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are more frequently abused in society outside of the context of sport.

4.3    WADA’s Determination of the Prohibited List

4.3    WADA’s Determination of the Prohibited List

WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance, Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.

4.4    Therapeutic Use Exemptions

4.4    Therapeutic Use Exemptions 

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

4.4.2     Therapeutic Use Exemption Applications

4.4.2.1     Any Athlete who is not an International-Level Athlete shall apply to the Commission for a Therapeutic Use Exemption. Applications should be made as soon as possible, save where Article 4.3 of the International Standard for Therapeutic Use Exemptions applies. The application shall be made in accordance with the International Standard for Therapeutic Use Exemptions.

4.4.2.2     The Commission shall establish a panel (Therapeutic Use Exemption Committee (“TUEC”)) to consider applications for the grant of Therapeutic Use Exemptions.

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

4.4.2.4     The TUEC decision shall be the final decision of the Commission and may be appealed in accordance with Article 4.4.6. The TUEC decision shall be notified in writing to the Athlete, and to WADA and other Anti-Doping Organisations in accordance with the International Standard for Therapeutic Use Exemptions. The Commission shall ensure that all decisions are promptly entered into ADAMS and, in any event, usually no later than twenty-one (21) days from the date of receipt of the decision.²⁶ 

4.4.3     Retroactive Therapeutic Use Exemption Applications

Retroactive Therapeutic Use Exemptions may be granted under the criteria described in the International Standard for Therapeutic Use Exemptions.²⁷ 

4.4.4       Therapeutic Use Exemption Recognition
 
A Therapeutic Use Exemption granted by the Commission is valid at the national level on a global basis and does not need to be formally recognized by any other National Anti-Doping Organisation.
 
If an Athlete becomes subject to the Therapeutic Use Exemption requirements of an International Federation, they should not submit an application for a new Therapeutic Use Exemption to the International Federation. Instead, and unless WADA has granted an exemption under Article 7.2(b) of the International Standard for Therapeutic Use Exemptions, all Therapeutic Use Exemption decisions that are made pursuant to Code Article 4.4 and are reported in accordance with Article 5.9 of the International Standard for Therapeutic Use Exemptions will be automatically recognized by the International Federation.
 
If WADA grants an exemption to an International Federation pursuant to Article 7.2(b) of the International Standard for Therapeutic Use Exemptions, the Athlete shall apply for recognition of their Therapeutic Use Exemption to the relevant International Federation in accordance with the International Standard for Therapeutic Use Exemptions as follows:

4.4.4.1    Where the Athlete already has a Therapeutic Use Exemption granted by the Commission for the substance or method in question, unless their Therapeutic Use Exemption will be automatically recognized by the International Federation, the Athlete shall apply to their International Federation to recognize that Therapeutic Use Exemption. If that Therapeutic Use Exemption meets the criteria set out in the International Standard for Therapeutic Use Exemptions, then the International Federation shall recognize it.
 
If the International Federation considers that the Therapeutic Use Exemption granted by the Commission does not meet those criteria and so refuses to recognize it, the International Federation shall promptly notify the Athlete and the Commission with reasons. The Athlete and/or the Commission shall have twenty-one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.6.
 
If the matter is referred to WADA for review in accordance with Article 4.4.6, the Therapeutic Use Exemption granted by the Commission remains valid for national-level Competition and Out-of-Competition Testing (but is not valid for international-level Competition) pending WADA’s decision.
 
If the matter is not referred to WADA for review within the twenty-one (21) day deadline, the Commission shall determine whether the original Therapeutic Use Exemption that it granted should nevertheless remain valid for national-level Competition and Out-of-Competition Testing (provided that the Athlete ceases to be an International-Level Athlete and does not participate in international-level Competition). Pending the Commission’s decision, the Therapeutic Use Exemption remains valid for national-level Competition and Out-of-Competition Testing (but is not valid for international-level Competition).28 

4.4.4.2     If the Athlete does not already have a Therapeutic Use Exemption granted by the Commission for the substance or method in question, the Athlete shall apply directly to the International Federation for a Therapeutic Use Exemption in accordance with the process set out in the International Standard for Therapeutic Use Exemptions and should do so as soon as possible.

If the International Federation denies the Athlete’s application, it shall notify the Athlete promptly, with reasons.

If the International Federation grants the Athlete’s application, it shall notify the Athlete and the Commission. If the Commission] considers that the Therapeutic Use Exemption granted by the International Federation does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has twenty-one (21) days from such notification to refer the matter to WADA for review.

If the Commission refers the matter to WADA for review, the Therapeutic Use Exemption granted by the International Federation remains valid for international-level Competition and Out-of-Competition Testing (but is not valid for national-level Competition) pending WADA’s decision.
If the Commission does not refer the matter to WADA for review, the Therapeutic Use Exemption granted by the International Federation becomes valid for national-level Competition as well when the twenty-one (21) day review deadline expires.

4.4.5     Expiration, Withdrawal or Reversal of a Therapeutic Use Exemption

4.4.5.1    A Therapeutic Use Exemption granted pursuant to the Rules and the International Standard for Therapeutic Use Exemptions: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn by the TUEC if the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the Therapeutic Use Exemption and/or due to a change in circumstances the Therapeutic Use Exemption criteria are no longer met; or (c) may be reversed on review by WADA or on appeal.

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

4.4.6    Reviews and Appeals of Therapeutic Use Exemption Decisions

4.4.6.1     If the Commission denies an application for a Therapeutic Use Exemption, the Athlete may appeal to the Sports Tribunal, unless provided otherwise in the International Standard for Therapeutic Use Exemptions.

4.4.6.2     WADA shall review an International Federation’s decision not to recognize a Therapeutic Use Exemption granted by the Commission that is referred to WADA by the Athlete or the Commission. In addition, WADA shall review an International Federation’s decision to grant a Therapeutic Use Exemption that is referred to WADA by the Commission. WADA may review any other Therapeutic Use Exemption decisions at any time, whether upon request by those affected or on its own initiative. If the Therapeutic Use Exemption decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions, WADA will not interfere with it. If the Therapeutic Use Exemption decision does not meet those criteria, WADA will reverse it. 

4.4.6.3     Unless provided otherwise in the International Standard for Therapeutic Use Exemptions, any Therapeutic Use Exemption decision by an International Federation that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Commission, exclusively to CAS.³⁰ 

4.4.6.4     A decision by WADA to reverse a Therapeutic Use Exemption decision may be appealed by the Athlete, the Commission and/or the International Federation affected, exclusively to CAS.

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

Footnotes

²⁴      [Comment to Article 4.2.1: Out-of-Competition Use of a Substance which is only prohibited In-Competition is not an anti-doping rule violation unless an Adverse Analytical Finding for the Substance or its Metabolites or Markers is reported for a Sample collected In-Competition.]

25    [Comment to Article 4.2.2: Prohibited Substances which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance would include, for example, marijuana or prohibited stimulants found in cold medications.]

²⁶       [Comment to Article 4.4.2: In accordance with Article 5.2(d) of the International Standard for Therapeutic Use Exemptions, the Commission may decline to consider advance applications for Therapeutic Use Exemptions from National-Level Athletes in sports that are not prioritized by the Commission in its test distribution planning. In that case it shall permit any such Athlete who is subsequently tested to apply for a retroactive Therapeutic Use Exemption. Additionally, the Commission shall publicize such a policy on its website for the benefit of affected Athletes.

 The submission of falsified documents to the Commission, including its TUEC, offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or attempted interference with any aspect of the Therapeutic Use Exemption process shall result in a charge of Tampering or Attempted Tampering under Article 2.5

An Athlete should not assume that their application for the grant of a Therapeutic Use Exemption (or for renewal of a Therapeutic Use Exemption) will be granted. Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.]

²⁷     [Comment to Article 4.4.3: If an Athlete is not granted a retroactive Therapeutic Use Exemption in the context of proceedings for an anti-doping rule violation, Article 10.2.4 should also be considered in relation to any period of Ineligibility to be imposed.]

^{28   [Comment to Article 4.4.4.1: In accordance with the requirements of the International Standard for Therapeutic Use Exemptions,  the Commission will help Athletes determine when they need to submit Therapeutic Use Exemptions granted by the Commission to an International Federation or Major Event Organization for recognition and will guide and support those Athletes through the recognition process.]}