4. The Prohibited List
4. The Prohibited List
4. The Prohibited List
4. The Prohibited List
4.1 Publication and Revision of the Prohibited List
The Commission shall take reasonable steps to ensure the current Prohibited List is available to its Participants. 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 familiarise themselves with the most up-to-date version of the Prohibited List and all revisions thereto.19
4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List
4.2.1 Prohibited Substances and Prohibited Methods
The Prohibited List identifies those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition) and those substances and methods which are prohibited In-Competition only. Prohibited Substances and Prohibited Methods may be included in the Prohibited List by general category or by specific reference to a particular substance or method.20
4.2.2 Specified Substances or Specified Methods
For purposes of the application of Rule 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.
4.2.3 Substances of Abuse
For purposes of applying Rule 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.
4.2.4 New Classes of Prohibited Substances or Prohibited Methods
In the event WADA expands the Prohibited List by adding a new class of Prohibited Substances or Prohibited Methods in accordance with Code Article 4.1, WADA’s Executive Committee shall determine whether any or all Prohibited Substances or Prohibited Methods within the new class shall be considered Specified Substances or Specified Methods under Rule 4.2.2 or Substances of Abuse under Rule 4.2.3.21
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 (“TUEs”)
4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions.
4.4.2 Athletes who are not International-Level Athletes should apply to the Commission for a TUE. If the Commission denies the application, the Athlete may appeal exclusively to the Sports Tribunal established under Rule 8.6.1. The Athlete must file any such appeal within 14 days of receiving notification that the application has been denied.
4.4.3 Athletes who are International-Level Athletes should apply to their International Federation.
4.4.3.1 Where the Athlete already has a TUE granted by the Commission for the substance or method in question, if that TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions then the International Federation must recognise it. If the International Federation considers that the TUE does not meet those criteria and so refuses to recognise it, it must notify the Athlete and the Commission promptly, with reasons. The Athlete and/or the Commission shall have 21 days from such notification to refer the matter to WADA for review. If the matter is referred to WADA for review, the TUE 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 21-day deadline, the Commission must determine whether the original TUE granted by the Commission 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 TUE remains valid for national-level Competition and Out-of-Competition Testing (but is not valid for international-level Competition).
4.4.3.2 If the Athlete does not already have a TUE granted by the Commission for the substance or method in question, the Athlete must apply directly to his or her International Federation for a TUE as soon as the need arises. If the International Federation (or the Commission, where it has agreed to consider the application on behalf of the International Federation) denies the Athlete’s application, it must notify the Athlete promptly, with reasons. If the International Federation grants the Athlete’s application, it must notify not only the Athlete but also the Commission, and if the Commission considers that the TUE does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has 21 days from such notification to refer the matter to WADA for review. If the Commission refers the matter to WADA for review, the TUE 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 TUE granted by the International Federation becomes valid for national-level Competition as well when the 21-day review deadline expires.22
4.4.4 A Major Event Organisation may require Athletes to apply to it for a TUE if they wish to Use a Prohibited Substance or a Prohibited Method in connection with the Event. In that case:
4.4.4.1 The Major Event Organisation must ensure a process is available for an Athlete to apply for a TUE if he or she does not already have one. If the TUE is granted, it is effective for its Event only.
4.4.4.2 Where the Athlete already has a TUE granted by the Commission or their International Federation, if that TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions, the Major Event Organisation must recognise it. If the Major Event Organisation decides the TUE does not meet those criteria and so refuses to recognise it, it must notify the Athlete promptly, explaining its reasons.
4.4.4.3 A decision by a Major Event Organisation not to recognise or not to grant a TUE may be appealed by the Athlete exclusively to an independent body established or appointed by the Major Event Organisation for that purpose. If the Athlete does not appeal (or the appeal is unsuccessful), the Athlete may not Use the substance or method in question in connection with the Event, but any TUE granted by the Commission or their International Federation for that substance or method remains valid outside of that Event.23
4.4.5 If the Commission chooses to collect a Sample from an Athlete who is not an International-Level Athlete or National-Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, the Commission must permit the Athlete to apply for a retroactive TUE.
4.4.6 WADA must review an International Federation’s decision not to recognise a TUE granted by the Commission that is referred to it by the Athlete or the Commission. In addition, WADA must review an International Federation’s decision to grant a TUE that is referred to it by the Commission. WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions, WADA will not interfere with it. If the TUE decision does not meet those criteria, WADA will reverse it.24
4.4.7 Any TUE decision by an International Federation (or by the Commission where it has agreed to consider the application on behalf of 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 in accordance with Rule 13.25
4.4.8 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the Commission and/or the International Federation affected, exclusively to CAS in accordance with Rule 13.
4.4.9 A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal.
4.4.10 Therapeutic Use Exemption Committee (TUE Committee)
4.4.10.1 The Commission shall at all times have policies and procedures for the application for TUEs and for consideration of such applications.
4.4.10.2 The Commission shall appoint a TUE Committee to consider applications for TUEs. The TUE Committee shall be established according to the requirements of the International Standard for Therapeutic Use Exemptions. Where members of the TUE Committee have an interest in individual National Sporting Organisations or International Federations, they are excluded from considering applications for TUEs from Athletes who are members of the same individual National Sporting Organisations or International Federations.
4.4.10.3 The TUE Committee member(s) shall promptly evaluate any request for a TUE in accordance with the International Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the decision of the Commission.
4.4.10.4 The Commission and the TUE Committee shall conduct the administration and determination of applications for TUEs in strict confidence.
4.4.11 Expiration, Cancellation, Withdrawal or Reversal of a TUE
4.4.11.1 A TUE granted pursuant to these Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) may be cancelled if the Athlete does not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; (c) may be withdrawn by the TUE Committee if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.
4.4.11.2 In such event, the Athlete shall not be subject to any Consequences based on his/her Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, cancellation, withdrawal or reversal of the TUE. The review pursuant to Rule 7.2 and Article 5.1.1.1 of the International Standard for Results Management of any subsequent Adverse Analytical Finding reported shortly after the TUE expiry, cancellation, 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.
Footnotes
19 [Comment to Rule 4.1: The current Prohibited List is available on WADA's website at https://www.wada-ama.org. The Prohibited List will be revised and published on an expedited basis whenever the need arises. However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made. WADA will always have the most current Prohibited List published on its website. The Prohibited List is an integral part of the International Convention against Doping in Sport. WADA will inform the Director- General of UNESCO of any change to the Prohibited List.]
20 [Comment to Rule 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.]
21 [Comment to Rule 4.2.2: The Specified Substances and Methods identified in Rule 4.2.2 should not in any way be considered less important or less dangerous than other doping substances. Rather, they are simply substances which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance.]
22 [Comment to Rule 4.4.3: If the International Federation refuses to recognise a TUE granted by the Commission only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. Instead, the file should be completed and re-submitted to the International Federation. If an International Federation chooses to test an Athlete who is not an International-Level Athlete, it must recognise a TUE granted to that Athlete by the Commission. A TUE granted by the Commission is valid at national level only; it is not automatically valid for international- level Competition.]
23 [Comment to Rule 4.4.4.3: For example, the CAS Ad Hoc Division or a similar body may act as the independent appeal body for particular Events, or WADA may agree to perform that function. If neither CAS nor WADA are performing that function, WADA retains the right (but not the obligation) to review the TUE decisions made in connection with the Event at any time, in accordance with Rule 4.4.6.]
24 [Comment to Rule 4.4.6: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Rule 4.4.6; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
25 [Comment to Rule 4.4.7: In such cases, the decision being appealed is the International Federation’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. In any Event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]