International Olympic Committee Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 as of June 2019 International Olympic Committee Château de Vidy C P 356 1007 Lausanne Telephone no 41 21 621 61 11 Fax no 41 21 621 62 16 TABLE OF CONTENTS INTRODUCTION 3 ARTICLE 1 – DEFINITION OF DOPING 5 ARTICLE 2 – ANTI-DOPING RULE VIOLATIONS 5 ARTICLE 3 – PROOF OF DOPING 8 ARTICLE 4 – THE PROHIBITED LIST 9 ARTICLE 5 – TESTING AND INVESTIGATIONS 12 ARTICLE 6 – ANALYSIS OF SAMPLES 15 ARTICLE 7 – RESULTS MANAGEMENT 16 ARTICLE 8 – RIGHT TO BE HEARD 23 ARTICLE 9 – AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS 24 ARTICLE 10 – SANCTIONS ON INDIVIDUALS 24 ARTICLE 11 – CONSEQUENCES TO TEAMS 25 ARTICLE 12 – APPEALS 26 ARTICLE 13 – CONFIDENTIALITY AND REPORTING 29 ARTICLE 14 – DEEMED NOTIFICATIONS 32 ARTICLE 15 – DOPING AND MEDICATION CONTROL FOR HORSES – EQUINE ANTIDOPING AND CONTROLLED MEDICATION REGULATIONS 32 ARTICLE 16 – APPLICATION AND RECOGNITION OF DECISIONS 33 ARTICLE 17 – STATUTE OF LIMITATIONS 33 ARTICLE 18 – AMENDMENT AND INTERPRETATION OF THE RULES 33 APPENDIX 1 – DEFINITIONS 35 IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 2 42 INTRODUCTION Preface The International Olympic Committee IOC is the supreme authority of the Olympic Movement and in particular the Olympic Games Any Person belonging in any capacity whatsoever to the Olympic Movement is bound by the provisions of the Olympic Charter and is required to abide by the decisions of the IOC The Olympic Charter reflects the importance that the IOC places on the fight against doping in sport and its support for the World Anti-Doping Code the Code as adopted by the IOC The IOC as Code Signatory has established and adopted these IOC Anti-Doping Rules Rules in accordance with the Code expecting that in the spirit of sport it will contribute to the fight against doping in the Olympic Movement The Rules are complemented by other IOC documents and WADA documents including inter alia the International Standards Scope of these Rules These Rules apply in relation to the Olympic Games Tokyo 2020 They shall without limitation apply to all Doping Controls over which the IOC has jurisdiction in relation to the Olympic Games Tokyo 2020 These Rules shall without limitation apply to a the IOC b all Athletes entered in the Olympic Games Tokyo 2020 or who have otherwise been made subject to the authority of the IOC in connection with the Olympic Games Tokyo 2020 see below c all Athlete Support Persons supporting such Athletes d other Persons participating in or accredited to the Olympic Games Tokyo 2020 including without any limitation International Federations and NOCs and e any Person operating even if only temporarily under the authority of the IOC in relation to the Olympic Games Tokyo 2020 Athletes entered in the Olympic Games Tokyo 2020 or who have otherwise been made subject to the authority of the IOC in connection with the Olympic Games Tokyo 2020 are bound by these Rules as a condition of eligibility to participate in the Olympic Games Tokyo 2020 Athletes shall without limitation be subject to the authority of the IOC upon being put forward by their NOC as potential participants in the Olympic Games Tokyo 2020 in advance of the Period of the Olympic Games Tokyo 2020 and shall in particular be considered to be entered into the Olympic Games Tokyo 2020 upon being included in the final NOC delegation list The Athlete Support Persons supporting such Athletes and other Persons participating in or accredited to the Olympic Games Tokyo 2020 are bound by these Rules as a condition of such participation or accreditation IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 3 42 Persons operating even if only temporarily under the authority of the IOC in connection with the Olympic Games Tokyo 2020 are bound by these Rules as a condition of their participation or involvement in the Olympic Games Tokyo 2020 Delegation to the ITA The IOC is a Signatory to the Code and these Rules are adopted by the IOC in accordance with the mandatory provisions of the Code In accordance with the Code and these Rules the IOC has agreed to delegate some of its responsibilities related to the implementation of all or part of the Doping Control in relation to the Olympic Games Tokyo 2020 to the ITA as further described hereunder including without limitation test distribution planning TUEs and results management The ITA in turn may sub-delegate the implementation of Doping Control as appropriate and customary for example to Tokyo 2020 or Sample collection agencies References in these Rules to the ITA shall exceptionally due to the IOC’s status as a Major Event Organization and where applicable within the context of the aforementioned delegation be references to the ITA acting on behalf of the IOC Notwithstanding the above delegation and in accordance with the International Standard for Code Compliance by Signatories the IOC shall as the Signatory remain responsible from a Code compliance perspective for all aspects of Doping Control conducted at the Olympic Games Tokyo 2020 Further and for the avoidance of doubt while the ITA may act on its behalf the IOC shall be considered as the party asserting anti-doping rule violations and for the purpose of any actions taken within the results management process as the responding party for the purpose of appeals and as the party in any other matter under these Rules where that role would appropriately fall to a Signatory under the Code IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 4 42 ARTICLE 1 – DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2 1 through Article 2 10 of these Rules ARTICLE 2 – ANTI-DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations Athletes and other Persons shall be responsible for knowing and shall be deemed to know what constitutes an anti-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 or Markers in an Athlete’s Sample 2 1 1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his or her body Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples Accordingly it is not necessary that intent Fault negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti-doping rule violation under Article 2 1 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 Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed or where the Athlete’s B Sample is analyzed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample or where the Athlete’s B Sample is split into two bottles and the analysis of the second bottle confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first bottle 2 1 3 Excepting those substances for which a quantitative threshold is specifically identified in the Prohibited List the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti-doping rule violation 2 1 4 As an exception to the general rule of Article 2 1 the Prohibited List or International Standards may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 5 42 2 2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method 2 2 1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his or her body and that no Prohibited Method is Used Accordingly it is not necessary that intent Fault negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an antidoping 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 is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed 2 3 Evading Refusing or Failing to Submit to Sample Collection Evading Sample collection or without compelling justification refusing or failing to submit to Sample collection after notification as authorized in these Rules or other applicable anti-doping rules 2 4 Whereabouts Failures Any combination of three missed tests and or filing failures as defined in the International Standard for Testing and Investigations within a twelvemonth period by an Athlete in a Registered Testing Pool 2 5 Tampering or Attempted Tampering with any part of Doping Control Conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods Tampering shall include without limitation intentionally interfering or attempting to interfere with a Doping Control official providing fraudulent information to an Anti-Doping Organization or intimidating or attempting to intimidate a potential witness 2 6 Possession of a Prohibited Substance or a Prohibited Method 2 6 1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method or Possession by an Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the Possession is consistent with a TUE granted in accordance with Article 4 4 of the Code or other acceptable justification 2 6 2 Possession by an Athlete Support Person In-Competition of any Prohibited Substance or any Prohibited Method or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 6 42 Method which is prohibited Out-of-Competition in connection with an Athlete Competition or training unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4 4 of the Code or other acceptable justification 2 7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method 2 8 Administration or Attempted Administration to any Athlete InCompetition of any Prohibited Substance or Prohibited Method or Administration or Attempted Administration to any Athlete Outof- Competition of any Prohibited Substance or any Prohibited Method that is prohibited Out-of-Competition 2 9 Complicity Assisting encouraging aiding abetting conspiring covering up or any other type of intentional complicity involving an anti-doping rule violation Attempted anti-doping rule violation or violation of Article 10 12 1 of the Code by another Person 2 10 Prohibited Association Association by an Athlete or other Person subject to the authority of an AntiDoping Organization in a professional or sport-related capacity with any Athlete Support Person who 2 10 1 If subject to the authority of an Anti-Doping Organization is serving a period of Ineligibility or 2 10 2 If not subject to the authority of an Anti-Doping Organization and where Ineligibility has not been addressed in a results management process pursuant to the Code has been convicted or found in a criminal disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Person The disqualifying status of such Person shall be in force for the longer of six years from the criminal professional or disciplinary decision or the duration of the criminal disciplinary or professional sanction imposed or 2 10 3 Is serving as a front or intermediary for an individual described in Article 2 10 1 or 2 10 2 In order for this provision to apply it is necessary that the Athlete or other Person has previously been advised in writing by an Anti-Doping Organization with jurisdiction over the Athlete or other Person or by WADA of the Athlete Support Person’s disqualifying status and the potential Consequence of prohibited association and that the Athlete or other IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 7 42 Person can reasonably avoid the association The Anti-Doping Organization shall also use reasonable efforts to advise the Athlete Support Person who is the subject of the notice to the Athlete or other Person that the Athlete Support Person may within 15 days come forward to the Anti-Doping Organization to explain that the criteria described in Articles 2 10 1 and 2 10 2 do not apply to such Athlete Support Person Notwithstanding Article 17 this Article applies even when the Athlete Support Person’s disqualifying conduct occurred prior to the effective date provided in Article 25 of the Code The burden shall be on the Athlete or other Person to establish that any association with Athlete Support Persons described in Article 2 10 1 or 2 10 2 is not in a professional or sport-related capacity If the IOC or ITA becomes aware of an Athlete Support Person who meets the criteria described in Article 2 10 1 2 10 2 or 2 10 3 it shall submit that information to WADA ARTICLE 3 – PROOF OF DOPING 3 1 Burdens and Standards of Proof The IOC or the ITA acting before the hearing panel on behalf of the IOC as set forth in Article 8 1 1 of these Rules shall have the burden of establishing that an anti-doping rule violation has occurred The standard of proof shall be whether the IOC has established an 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 probabilities but less than proof beyond a reasonable doubt Where these Rules place the burden of proof upon the Athlete or other Person alleged to have committed an antidoping rule violation to rebut a presumption or establish specified facts or circumstances the standard of proof shall be by a balance of probabilities 3 2 Methods of Establishing Facts and Presumptions Facts related to anti-doping rule violations may be established by any reliable means including admissions The following rules of proof shall be applicable in doping cases 3 2 1 Analytical methods and decision- limits approved by WADA after consultation within the relevant scientific community which have been the subject of peer review are presumed to be scientifically valid Any Athlete or other Person seeking to rebut this presumption of scientific validity shall as a condition precedent to any such challenge first notify WADA of the challenge and the basis of the challenge CAS Anti-Doping Division on its own initiative may also inform WADA of any such challenge At WADA’s request the CAS Anti-Doping Division panel shall appoint an appropriate scientific expert to assist the panel in its evaluation of the IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 8 42 challenge Within 10 days of WADA’s receipt of such notice and WADA’s receipt of the CAS Anti-Doping Division file WADA shall also have the right to intervene as a party appear amicus curiae or otherwise provide evidence in such proceeding 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 the International Standard for Laboratories The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding then the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding 3 2 3 Departures from any other applicable International Standard or other antidoping rule or policy set forth i n these Rules which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such evidence or results If the Athlete or other Person establishes a departure from another International Standard or other anti-doping rule or policy which could reasonably have caused an antidoping rule violation based on an Adverse Analytical Finding or other anti-doping rule violation then the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation 3 2 4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete 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 including for the avoidance of doubt the CAS Anti-Doping Division may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping rule violation based on the Athlete’s or other Person’s refusal after a request made 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 and the ITA ARTICLE 4 – THE PROHIBITED LIST 4 1 Incorporation of the Prohibited List These Rules incorporate the Prohibited List which is published and revised by WADA as described in Article 4 1 of the Code The NOCs shall be responsible for ensuring that their delegations including their Athletes are IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 9 42 made aware ignorance of Participant or Games Tokyo of such Prohibited List Notwithstanding the foregoing the Prohibited List shall not constitute an excuse for any other Person participating in or accredited to the Olympic 2020 4 2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4 2 1 Prohibited Substances and Prohibited Methods Unless provided otherwise in the Prohibited List and or a revision the Prohibited List and revisions shall go into effect under these Rules three months after publication by WADA without requiring any further action by the IOC 4 2 2 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 3 Specified Substances All Prohibited Substances shall be Specified Substances except substances in the classes of anabolic agents and hormones and those stimulants and hormone antagonists and modulators so identified on the Prohibited List The category of Specified Substances shall not include Prohibited Methods 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 and the classification of a substance as prohibited at all times or In-Competition only is final and shall not be subject to challenge by an Athlete or other Person 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 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 The ITA shall appoint the members of the TUEC which shall be composed of IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 10 42 specialists in accordance with the International Standard for Therapeutic Use Exemptions Each TUE shall be assessed by three members of the TUEC 4 4 2 1 The TUEC shall promptly evaluate applications for a TUE and render a decision as quickly as possible which decision shall be reported via ADAMS 4 4 2 2 The ITA shall promptly notify the Athlete or in Athlete’s absence the Athlete’s NOC in accordance with Article 14 below WADA and the relevant International Federation of the decision of the TUEC 4 4 2 3 The provisions of the International Standard for Therapeutic Use Exemptions shall be complied with during the entire TUE application recognition decision review and appeal process and applied automatically TUEs granted by the TUEC shall be effective for the Olympic Games Tokyo 2020 only 4 4 3 Where the Athlete already has a TUE granted by the Athlete’s National Anti-Doping Organization or International Federation and provided that such TUE is not available on ADAMS the Athlete shall submit such TUE to the TUEC for recognition at least 30 days before the start of the Period of the Olympic Games Tokyo 2020 The TUEC shall be entitled including prior to the Period of the Olympic Games Tokyo 2020 to review any such TUE in order to ensure that it meets the criteria set out in the International Standard for Therapeutic Use Exemptions and if necessary request the provision of further supporting documentation If the TUEC decides to review a TUE and determines that it does not meet the aforementioned criteria and accordingly refuses to recognize it it must notify the Athlete or in Athlete’s absence the Athlete’s NOC in accordance with Article 14 below promptly explaining its reasons 4 4 4 A decision by the TUEC not to grant or not to recognize a TUE may be appealed by the Athlete exclusively to WADA If the Athlete does not appeal or WADA decides to uphold the refusal to grant recognize the TUE and so rejects the appeal the Athlete may not Use or Possess the substance or method in question in relation to the Olympic Games Tokyo 2020 but any TUE granted by the Athlete’s National Anti-Doping Organization or International Federation for that substance or method remains valid outside of the Olympic Games Tokyo 2020 4 4 5 Notwithstanding Article 4 4 4 WADA may review the TUEC’s decisions on TUEs 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 4 4 6 All TUEs must be managed requested and declared through ADAMS All decisions regarding TUEs must be applied for managed and notified as soon as possible through ADAMS IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 11 42 ARTICLE 5 – TESTING AND INVESTIGATIONS 5 1 Purpose of Testing and Investigations Testing and investigations shall only be undertaken for anti-doping purposes They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations and any specific protocols of the IOC and or the ITA within the scope of its delegation supplementing that International Standard provided that such protocols are compliant with the Code and International Standard for Testing and Investigations 5 1 1 Testing shall be undertaken to obtain analytical evidence as to the Athlete’s compliance or non-compliance with the prohibition on the presence Use of a Prohibited Substance or Prohibited Method 5 1 2 Investigations shall be undertaken 5 1 2 1 in relation to Atypical Findings in accordance with Article 7 3 gathering intelligence or evidence including analytical evidence in order to determine whether an anti-doping rule violation has occurred under Article 2 1 and or Article 2 2 and 5 1 2 2 in relation to other indications of potential anti-doping rule violations in accordance with Articles 7 4 and 7 5 gathering intelligence or evidence including non-analytical evidence in order to determine whether an anti-doping rule violation has occurred under any of Articles 2 2 to 2 10 5 1 3 The ITA may obtain assess and process anti-doping intelligence from all available sources to inform the development of an effective intelligent and proportionate test distribution plan to plan Target Testing and or to form the basis of an investigation into a possible anti-doping rule violation s 5 2 Authority to conduct Testing 5 2 1 In accordance with Article 5 2 3 of the Code the IOC shall have InCompetition and Out-of-Competition Testing authority over all Athletes for the Olympic Games Tokyo 2020 5 2 2 Accordingly the ITA may conduct In-Competition and Out-of-Competition Testing on any Athlete entered to participate in the Olympic Games Tokyo 2020 5 2 3 The ITA may require any Athlete over whom the IOC has Testing authority to provide a Sample at any time and at any place 5 2 4 Subject to Article 5 3 of the Code the ITA shall have exclusive authority to IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 12 42 initiate and direct Testing at the Event Venues during the Period of the Olympic Games Tokyo 2020 In accordance with Article 5 3 1 of the Code not only the ITA but also Anti-Doping Organizations with Testing authority over Athletes participating at the Olympic Games Tokyo 2020 may test such Athletes during the Period of the Olympic Games Tokyo 2020 outside of the Event Venues Such Testing shall be coordinated with and approved by the ITA 5 2 5 Pursuant to Article 5 2 3 of the Code the IOC shall have Out-of-Competition Testing authority over all Athletes entered in the Olympic Games Tokyo 2020 for the Period of the Pre-Olympic Games Tokyo 2020 Such Testing may be conducted by the ITA on the IOC’s behalf 5 2 6 Notwithstanding the above WADA shall have In-Competition and Out-ofCompetition Testing authority as set out in Article 20 7 8 of the Code 5 3 Delegation of responsibility overseeing and monitoring of Doping Control 5 3 1 Subject to the International Standard for Code Compliance by Signatories and Article 5 3 2 of these Rules the IOC has delegated some of its obligations and responsibilities pursuant to these Rules including the implementation of all or part of the Doping Control in relation to the Olympic Games Tokyo 2020 including without limitation test distribution planning TUEs and results management to the ITA The references in these Rules to the ITA shall where applicable be references to the ITA acting on behalf of the IOC within the scope of the above-mentioned delegation The ITA may in turn sub-delegate the responsibility for implementing all or part of the Doping Control in relation to the Olympic Games Tokyo 2020 to the organising committee for the Olympic Games Tokyo 2020 Tokyo 2020 or any Anti-Doping Organization or third parties it deems to be appropriate such as a Sample collection agency In such event Tokyo 2020 and such Anti-Doping Organizations or third parties shall act in accordance with these Rules and any further requirements and instructions provided by the ITA The delegation of obligations or responsibilities to the ITA shall continue in effect until revocation or withdrawal of such delegation by the IOC at any time and at its own discretion In the event of revocation or withdrawal any references to the ITA in the Rules shall be deemed to be references to the IOC 5 3 2 Notwithstanding the aforementioned delegation to the ITA and to the extent applicable any sub-delegation by the ITA as indicated in these Rules the IOC remains ultimately responsible for Doping Control and for the Code compliance of any Doping Control conducted by the ITA and or any AntiDoping Organization or third parties acting under its authority at the Olympic Games Tokyo 2020 IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 13 42 5 3 3 Doping Control may be monitored by qualified Persons so authorised by the ITA and or the IOC 5 4 Test Distribution Planning The ITA shall develop update and implement an effective test distribution plan for the Olympic Games Tokyo 2020 complying with the requirements of the International Standard for Testing and Investigations The ITA shall be responsible for overseeing the implementation of such test distribution plan and any subsequent changes thereto The ITA shall provide the IOC and WADA promptly upon request with a copy of such test distribution plan including any subsequent changes thereto 5 5 Coordination of Doping Control In order to deliver an effective anti-doping program for the Olympic Games Tokyo 2020 and to avoid unnecessary duplication in Doping Control the ITA in collaboration with the IOC Tokyo 2020 WADA the International Federations other Anti-Doping Organizations and the NOCs to ensure that there is coordination of Doping Control during both the Period of the PreOlympic Games Tokyo 2020 and the Period of the Olympic Games Tokyo 2020 The ITA shall also report information about all completed tests including results to the members of the Independent Observers Program Where reasonably feasible Testing shall be coordinated through ADAMS or another system approved by WADA in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing All relevant information regarding Doping Control and Sample Collection should be promptly entered into ADAMS or another system approved by WADA 5 6 Athlete Whereabouts Information 5 6 1 Where an Athlete is in a Registered Testing Pool the ITA in collaboration with Tokyo 2020 may access the Athlete’s Whereabouts Filings as defined in the International Standard for Testing and Investigations for the period for which the Athlete is subject to the IOC's Testing authority in accordance with Article 5 2 of these Rules The IOC and the ITA will access the Athlete's Whereabouts Filings primarily via ADAMS and or the International Federations or National Anti-Doping Organization that is receiving the Athlete's Whereabouts Filings 5 6 2 In addition each NOC shall provide the ITA with further details with respect to the location and arrival departure dates of all Athletes belonging to their delegation including Athletes not forming part of a Registered Testing Pool during the Period of the Olympic Games Tokyo 2020 such information shall include without limitation the name of the building and room number at which an Athlete is staying at the Olympic Village detailed accommodation information for Athletes not staying in the Olympic IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 14 42 Village and Athlete’s training schedules and venues Such information shall be provided to the ITA as soon as the NOC becomes aware of Athlete’s Whereabouts For the avoidance of doubt the ITA may use this information for the purposes of investigations and Doping Controls in connection with the Olympic Games Tokyo 2020 The NOCs shall also monitor and manage the whereabouts information and provide any further reasonable assistance requested by the ITA in order to locate Athletes belonging to their delegations during the Period of the Olympic Games Tokyo 2020 Without prejudice to any other consequences which depending on the circumstances might be applicable if such failure constitutes an anti-doping rule violation pursuant to these Rules failure to provide the above-mentioned assistance may give rise to measures or sanctions in application of Rule 59 1 and or Rule 59 2 of the Olympic Charter 5 6 3 Upon request by the ITA Athletes and the NOC shall directly provide to the ITA or make available to the ITA information regarding Athletes’ location during the Period of the Olympic Games Tokyo 2020 information as mentioned above under Article 5 6 2 in the manner requested by the ITA Athletes shall respect any time-limit imposed by the ITA for the provision of such information Without prejudice to any other consequences which depending on the circumstances might be applicable if such failure constitutes an anti-doping rule violation pursuant to these Rules failure to provide the above-mentioned information may give rise to measures or sanctions in application of Rule 59 2 of the Olympic Charter 5 7 Independent Observer Program The IOC shall authorize and in collaboration with the ITA facilitate the Independent Observer Program at the Olympic Games Tokyo 2020 ARTICLE 6 – ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles 6 1 Use of Accredited and Approved Laboratories In accordance with the Code and for purposes of Article 2 1 of these Rules Samples shall be analyzed only in laboratories or satellite facilities accredited or otherwise approved by WADA 6 2 Purpose of Analysis of Samples Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods 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 in profiling relevant parameters in an Athlete’s urine blood or other matrix including DNA or genomic profiling or for any other legitimate anti-doping purpose Samples may be collected and stored for future analysis IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 15 42 6 3 Research on Samples No Sample may be used for research without the Athlete's written consent Samples used for purposes other than Article 6 2 shall have any means of identification removed such that they cannot be traced back to a particular Athlete 6 4 Standards for Sample Analysis and Reporting Laboratories shall analyze Samples and report results in conformity with the International Standard for Laboratories To ensure effective Testing the Technical Document referenced at Article 5 4 1 of the Code will establish risk assessment-based Sample analysis menus appropriate for particular sports and sport disciplines and laboratories shall analyze Samples in conformity with those menus except as follows 6 4 1 The ITA may request that laboratories analyze its Samples using more extensive menus than those described in the Technical Document 6 4 2 As provided in the International Standard for Laboratories laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the Sample analysis menu described in the Technical Document or specified by the Testing authority Results from any such analysis shall be reported and have the same validity and consequence as any other analytical result 6 5 Further Analysis of Samples Any Sample may be subject to further analysis at any time before both the A and B Sample analytical results or A Sample results where B Sample analysis has been waived or will not be performed have been notified by the ITA to the Athlete as the asserted basis for an Article 2 1 anti-doping rule violation All Samples may be stored and may any time for the purpose of Article 6 2 analysis of Samples shall conform International Standard for Laboratories analysis be subject to further analyses at by the IOC or WADA Such further with the requirements of the applicable at the time of the further ARTICLE 7 – RESULTS MANAGEMENT 7 1 Responsibility for Conducting Results Management 7 1 1 The IOC is the results management authority for the purpose of Articles 7 8 9 10 11 and 13 of the Code and the corresponding applicable provisions in these Rules However as part of its delegated responsibilities the ITA shall be responsible to represent the IOC and act on its behalf and name in IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 16 42 the conduct of the results management process for anti-doping rule violations arising under these Rules The ITA shall notably conduct the reviews provided for in this Article 7 7 1 2 Responsibility for results management and the conduct of hearings for anti-doping rule violations arising under these Rules in relation to Consequences that extend beyond the Olympic Games Tokyo 2020 shall be referred to the Athlete or other Person’s International Federation 7 2 Review of Adverse Analytical Findings from Tests Initiated by the ITA Results management in respect of the results of tests initiated and conducted by the ITA pursuant to these Rules including any tests performed by WADA in accordance with Article 5 2 6 of these Rules shall proceed as follows 7 2 1 The results from all analyses will be reported into ADAMS whether during or outside the Period of the Pre-Olympic Games Tokyo 2020 and the Period of the Olympic Games Tokyo 2020 All communications and reports must be provided in a manner preserving confidentiality and data privacy in conformity with the International Standard for Laboratories the International Standard for the Protection of Privacy and Personal Information the applicable data protection and privacy laws and through ADAMS as applicable 7 2 2 Upon receipt of an Adverse Analytical Finding the ITA shall conduct a review to determine whether a an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions or b there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding The ITA may request additional information and explanations related to the review of an Adverse Analytical Finding including regarding the route of administration 7 2 3 If the review of an Adverse Analytical Finding under Article 7 2 2 reveals an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding the entire test shall be considered negative and the Athlete’s International Federation the relevant National Anti-Doping Organization of the Athlete the IOC and WADA shall be so notified IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 17 42 7 2 4 If the review of an Adverse Analytical Finding under Article 7 2 2 does not reveal an applicable TUE or entitlement to a TUE as provided in the International Standard for Therapeutic Use Exemptions or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding the ITA shall notify a the Athlete b the Athlete’s NOC c the Athlete’s International Federation who will be entitled to send a representative s to attend the hearing d the relevant National Anti-Doping Organization of the Athlete e the IOC and f WADA which will be entitled to send a representative to attend the hearing and during the Period of the Olympic Games Tokyo 2020 a representative of the Independent Observer Program of the existence of the Adverse Analytical Finding and the essential details available concerning the case 7 2 5 The notifications specified above under Article 7 2 4 a to f shall be done in the manner set out in Articles 13 1 and 14 and shall give notification of a the Adverse Analytical Finding b the anti-doping rule violated c the Athlete's right to promptly request the analysis of the B Sample or failing such request that the B Sample analysis may be deemed waived d the scheduled date time and place for the B Sample analysis if the Athlete or the ITA chooses to request an analysis of the B Sample e the opportunity for the Athlete and or the Athlete's representative to attend the B Sample opening and analysis in accordance with the International Standard for Laboratories if such analysis is requested f the Athlete's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories and IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 18 42 g to the extent applicable the application for either mandatory or optional Provisional Suspension The notification of the Athlete or other Person shall constitute the commencement of the proceeding in respect of the asserted antidoping rule violation for the purposes of Article 17 of these Rules 7 2 6 In parallel or upon conclusion of the notification process hereinabove an application pursuant to Article 8 1 1 of these Rules shall be filed by the ITA with the CAS Anti-Doping Division as per Article 8 and the CAS Anti-Doping Division Arbitration Rules 7 2 7 Where requested by the Athlete or the ITA arrangements shall be made to analyze the B Sample in accordance with the International Standard for Laboratories An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis The ITA may nonetheless elect to proceed with the B Sample analysis 7 2 8 The Athlete and or Athlete’s representative shall be allowed to be present at the opening and analysis of the B Sample Also a representative of the ITA shall be allowed to be present 7 2 9 If the B Sample analysis does not confirm the A Sample analysis then unless the ITA takes the case forward as an anti-doping rule violation under Article 2 2 the entire test shall be considered negative and the Athlete or in Athlete’s absence the Athlete’s NOC in accordance with Article 14 below the Athlete's International Federation the relevant National Anti-Doping Organization of the Athlete the IOC and WADA shall be so notified 7 2 10 If the B Sample analysis confirms the A Sample analysis the findings shall be notified to the Athlete or in Athlete’s absence the Athlete’s NOC in accordance with Article 14 below the Athlete's International Federation the relevant National Anti-Doping Organization of the Athlete the IOC and to WADA 7 3 Review of Atypical Findings 7 3 1 As provided in the International Standard for Laboratories in some circumstances laboratories are directed to report the presence of Prohibited Substances which may also be produced endogenously as Atypical Findings i e as findings that are subject to further investigation Upon receipt of an Atypical Finding the ITA shall conduct a review to determine whether a an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions or b there is any apparent departure from the International Standard IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 19 42 for Testing and Investigations or International Laboratories that caused the Atypical Finding Standard for 7 3 2 If the review of an Atypical Finding under Article 7 3 1 reveals an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding the entire test shall be considered negative and the Athlete’s International Federation the relevant National Anti-Doping Organization of the Athlete and WADA shall be so notified 7 3 3 If that review does not reveal an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding the ITA shall conduct the required investigation or cause it to be conducted After the investigation is completed either the Atypical Finding will be brought forward as an Adverse Analytical Finding in accordance with Article 7 2 4 and 7 2 5 or else the Athlete’s International Federation the relevant National Anti-Doping Organization of the Athlete and WADA shall be notified that the Atypical Finding will not be brought forward as an Adverse Analytical Finding 7 3 4 The ITA will not provide notification of an Atypical Finding until it has completed its investigation and has decided that it will bring the Atypical Finding forward as an Adverse Analytical Finding unless the ITA determines the B Sample should be analyzed prior to the conclusion of its investigation In this case it may conduct the B Sample analysis after notifying the Athlete with such notification to include a description of the Atypical Finding and the information described in Article 7 2 5 d - g 7 4 Review of Whereabouts Failures The ITA shall refer potential filing failures and missed tests as defined in the International Standard for Testing and Investigations to whichever of the Athlete's International Federation and National Anti-Doping Organization receives that Athlete's whereabouts filings and so has responsibility for results management of whereabouts failures by that Athlete 7 5 Review of Other Anti-Doping Rule Violations Not Covered by Articles 7 2 – 7 4 The ITA with the assistance of outside support as necessary shall conduct any follow-up investigation required into a possible anti-doping rule violation not covered by Articles 7 2 to 7 4 of these Rules At such time as the ITA is satisfied that an anti-doping rule violation has occurred the ITA shall promptly notify the Athlete or other Person or in Athlete’s absence the Athlete’s or other Person's NOC in accordance with Article 14 below the Athlete's International Federation the relevant National Anti-Doping Organization of the Athlete the IOC and WADA of the anti-doping rule violation asserted and the basis of that assertion IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 20 42 In parallel or upon conclusion of the notification process hereinabove an application pursuant to Article 8 1 1 of these Rules shall be filed by the ITA with the CAS Anti-Doping Division in accordance with the CAS AntiDoping Division Arbitration Rules 7 6 Provisional Suspensions 7 6 1 Mandatory Provisional Suspension If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance or for a Prohibited Method and a review in accordance with Article 7 2 2 does not reveal an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding a Provisional Suspension shall be imposed by the CAS Anti-Doping Division upon or promptly after the notification described in Article 7 2 4 and the Athlete or other Person being given the opportunity to be heard in writing or in person In accordance with Article 7 1 2 the scope of the Provisional Suspension shall be limited to the Olympic Games Tokyo 2020 7 6 2 Optional Provisional Suspension In case of an Adverse Analytical Finding for a Specified Substance or in the case of any other anti-doping rule violations not covered by Article 7 6 1 a Provisional Suspension on the Athlete or other Person against whom the anti-doping rule violation is asserted may be imposed by the CAS Anti-Doping Division upon or promptly after the notification described in Article 7 2 4 or Article 7 5 In accordance with Article 7 1 2 the scope of the Provisional Suspension shall be limited to the Olympic Games Tokyo 2020 7 6 3 The Athlete or other Person against whom a Provisional Suspension is sought or has been imposed either under Articles 7 6 1 or 7 6 2 shall be given if he or she so requests an opportunity for a Provisional Hearing before the CAS Anti-Doping Division on a timely basis via video-conference before or after imposition in that case to reconsider a decision issued without a hearing of the Provisional Suspension 7 6 4 The Provisional Suspension may be lifted if the Athlete demonstrates to the CAS Anti-Doping Division that the anti-doping rule violation is likely to have involved a Contaminated Product A hearing panel’s decision not to lift a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable 7 6 5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and subsequent analysis of the B Sample does not confirm the A Sample analysis then the Provisional Suspension shall automatically be lifted In circumstances where the Athlete or the IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 21 42 Athlete's team has been removed from a Competition or Event based on a violation of Article 2 1 and the subsequent B Sample analysis does not confirm the A Sample finding then if it is still possible for the Athlete or team to be reinserted without otherwise affecting the Competition or Event the Athlete or team may continue to take part in the Competition or Event In addition the Athlete or team may thereafter take part in other Competitions and Events at the Olympic Games Tokyo 2020 7 6 6 In all cases where an Athlete or other Person has been notified of an antidoping rule violation but a Provisional Suspension has not been imposed on him or her the Athlete or other Person shall have the opportunity to accept a Provisional Suspension voluntarily pending the resolution of the matter 7 7 Resolution Without a Hearing or Written Defence 7 7 1 An Athlete or other Person against whom an anti-doping rule violation is asserted may admit that violation at any time waive a hearing and the right to a written defence and accept the Consequences applicable under these Rules or where some discretion as to Consequences exists under these Rules that have been offered by the ITA 7 7 2 Alternatively if the Athlete or other Person against whom an anti-doping rule violation is asserted fails to dispute that assertion within the deadline specified in the notice sent by the CAS Anti-Doping Division asserting the violation then such Athlete or other Person shall be deemed to have admitted the violation to have waived a hearing and the right to a written defence and to have accepted the Consequences applicable under these Rules or where some discretion as to Consequences exists under these Rules that have been offered by the ITA 7 7 3 In cases where Article 7 7 1 or Article 7 7 2 applies the hearing panel shall decide at its discretion whether or not a hearing is required Instead the CAS Anti-Doping Division shall if it considers that no hearing is necessary promptly issue a written decision confirming the commission of the anti-doping rule violation and imposing the relevant Consequences The ITA shall send copies of that decision to Anti-Doping Organizations with a right to appeal under Article 12 2 2 and that decision shall be Publicly Disclosed in accordance with Article 13 3 2 7 8 Notice of Results Management Decisions In all cases where the CAS Anti-Doping Division has issued a decision stating that an anti-doping rule violation has been committed or has not been committed a Provisional Suspension has been issued or lifted or an agreement with an Athlete or other Person on the imposition of Consequences without a hearing or written defence has been entered notice thereof shall be given in accordance with Article 13 1 2 to other Anti- IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 22 42 Doping Organizations with a right to appeal under Article 12 2 2 7 9 Retirement from Sport Retirement after participation at the Olympic Games Tokyo 2020 has no effect on the application of these Rules If an Athlete or other Person retires while the ITA is conducting the results management process the IOC retains jurisdiction so that the results management process may be completed If an Athlete or other Person retires before any results management process has begun the IOC retains jurisdiction to initiate the results management process pursuant to these Rules provided that the Athlete or other Person was subject thereto at the time of the asserted anti-doping rule violation ARTICLE 8 – RIGHT TO BE HEARD 8 1 CAS Anti-Doping Division 8 1 1 Where the ITA decides to assert an anti-doping rule violation the ITA shall promptly file an application with the CAS Anti-Doping Division acting as first-instance authority to conduct proceedings and to issue decisions as per the CAS Anti-Doping Division Arbitration Rules The application shall be filed in the name of the IOC by the ITA acting on the IOC’s behalf 8 1 2 The composition of the hearing panel and procedures applicable to the CAS Anti-Doping Division shall be as per the CAS Anti-Doping Division Arbitration Rules 8 2 Hearings and procedures of the CAS Anti-Doping Division 8 2 1 In all procedures relating to any alleged anti-doping rule violation pursuant to these Rules the right of any Person to be heard pursuant to paragraph 3 to the Bye-law to Rule 59 of the Olympic Charter will be exercised solely before the CAS Anti-Doping Division Pursuant to Rule 59 2 4 of the Olympic Charter the IOC Executive Board delegates to the CAS Anti-Doping Division all powers which are necessary for it to take the measures and sanctions envisaged by these Rules including in particular Articles 9 10 1 10 2 and 11 Hearings may proceed following the assertion of one or more of the antidoping rule violations set out in Article 2 1 through Article 2 10 of these Rules 8 2 2 The CAS Anti-Doping Division shall issue a timely reasoned decision The CAS Anti-Doping Division shall promptly notify such decision to the Athlete or other Person concerned the IOC the ITA the Athlete or other Person’s NOC the International Federation concerned the Athlete or other IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 23 42 Person’s National Anti-Doping Organization a representative of the Independent Observer Program during the Period of the Olympic Games Tokyo 2020 and WADA of such decision 8 2 3 The decision of the CAS Anti-Doping Division shall also be Publicly Disclosed as provided in Article 13 3 and may be appealed as provided in Article 12 Article 13 3 5 shall be applied in cases involving a Minor 8 3 Single Hearing Before CAS In accordance with the Arbitration Rules of the CAS Anti-Doping Division anti-doping rule violations asserted against an Athlete or other Person may with the consent of the Athlete or the Person the ITA WADA and any other Anti-Doping Organization that would have had a right to appeal a first instance hearing decision to CAS be heard by the CAS Anti-Doping Division acting as a sole instance subject to the conditions set forth in the Arbitration Rules of the CAS Anti-Doping Division Such decision shall not be construed as an admission of the anti-doping rule violation a waiver to a hearing and to the right to a written defence and or an acceptance of the Consequences applicable under these Rules as referred to in Article 7 7 above ARTICLE 9 – AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti-doping rule violation in Individual Sports in connection with an In- Competition test automatically leads to Disqualification of the result obtained in the Competition in question and any other subsequent Competitions in the same Event for which the Athlete only qualified as a result of Athlete’s participation in the Competition in question with all resulting Consequences including forfeiture of any medals diplomas points and prizes ARTICLE 10 – SANCTIONS ON INDIVIDUALS 10 1 Disqualification of Results in the Olympic Games Tokyo 2020 10 1 1 An anti-doping rule violation occurring during or in connection with the Olympic Games Tokyo 2020 may pursuant to the decision of the CAS AntiDoping Division lead to Disqualification beyond the application of Article 9 of all of the Athlete's individual results obtained in the Olympic Games Tokyo 2020 or in one or more Events or Competitions with all Consequences including forfeiture of all medals diplomas points and prizes except as provided in Article 10 1 2 Factors to be included in considering whether to Disqualify results in the Olympic Games Tokyo 2020 which are not to be disqualified in application of Article 9 may include for example the seriousness of the Athlete’s anti- IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 24 42 doping rule violation and whether the Athlete tested negative further to Testing conducted after other Competitions 10 1 2 If the Athlete establishes that he she bears No Fault or Negligence for the anti-doping rule violation the Athlete's individual results in the other Competitions shall not be Disqualified unless the Athlete's results in Competitions other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Athlete's antidoping rule violation 10 2 Ineligibility and other Consequences 10 2 1 Should an Athlete or other Person be found to have committed an antidoping rule violation the CAS Anti-Doping Division may declare the Athlete or other Person ineligible for such Competitions at the Olympic Games Tokyo 2020 in which such Athlete or other Person has not yet participated along with other sanctions and measures which may follow such as exclusion of the Athlete and other Persons concerned from the Olympic Games Tokyo 2020 and the loss of accreditation No Person who has been declared ineligible may during the period of ineligibility continue to participate in any capacity in the Olympic Games Tokyo 2020 after being declared ineligible 10 2 2 In accordance with Article 7 1 2 responsibility for results management in terms of sanctions beyond the Olympic Games Tokyo 2020 itself shall be referred to the applicable International Federation 10 3 Automatic Publication of Sanction Sanctions issued in application of Article 10 shall mandatorily be published as provided in Article 13 3 ARTICLE 11 – CONSEQUENCES TO TEAMS 11 1 Testing of Team Sports Where one or more than one member of a team in a Team Sport has been notified of an anti-doping rule violation under Article 7 in connection with the Olympic Games Tokyo 2020 the ITA shall conduct appropriate Target Testing of the team during the Period of the Olympic Games Tokyo 2020 11 2 Consequences for Team Sports If one or more members of a team in a Team Sport is found to have committed an anti-doping rule violation during the Period of the Olympic Games Tokyo 2020 the CAS Anti-Doping Division shall apply the rules of the relevant International Federation to determine the Consequences on the team results e g loss of points Disqualification from a Competition Event IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 25 42 or the Olympic Games Tokyo 2020 or other Consequences in addition to any C onsequences imposed pursuant to these Rules on the individual Athlete s found to have committed the anti-doping rule violation 11 3 Consequences to Teams in sports which are not Team Sports If one or more members of a team in a sport which is not a Team Sport but where awards are given to teams is found to have committed an antidoping rule violation during the Period of the Olympic Games Tokyo 2020 the CAS Anti-Doping Division shall apply the rules of the relevant International Federation to determine the Consequences on the team e g loss of points Disqualification from a Competition Event or the Olympic Games Tokyo 2020 or other Consequences in addition to any Consequences imposed pursuant to these Rules on the individual Athlete s found to have committed the anti-doping rule violation Should the relevant International Federation not have such rules or if in the CAS Anti-Doping Division’s discretion the rules of the relevant International Federation do not adequately protect the integrity of the Competition the Panel shall have the authority to determine the Consequences on the team including the Disqualification of the team’s results in any Competition or Event or any other Consequences The CAS Anti-Doping Division may only take such action in circumstances when one or more members of a team are found to have committed an anti-doping rule violation and in the Panel’s discretion the violation may have affected the results of the team in the concerned Competition s or Event s ARTICLE 12 – APPEALS 12 1 Decisions Subject to Appeal Decisions made under these Rules may be appealed as set forth below in Articles 12 2 through 12 5 or as otherwise provided in these Rules Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise 12 1 1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker 12 1 2 CAS Shall Not Defer to the Findings Being Appealed In making its decision CAS need not give deference to the discretion exercised by the body whose decision is being appealed IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 26 42 12 2 Appeals of Decisions Regarding Anti-Doping Rule Violations Consequences Provisional Suspensions Recognition of Decisions and Jurisdiction 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 was committed a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons including for example prescription a decision by WADA assigning results management under Article 7 1 of the Code a decision by the ITA not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation or a decision not to go forward with an anti-doping rule violation after an investigation under Article 7 5 a decision not to lift a Provisional Suspension as a result of a Provisional Hearing the CAS Anti-Doping Division’s failure to comply with Article 7 6 1 a decision that the IOC or the CAS Anti-Doping Division lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences and a decision by the IOC not to recognize another Anti-Doping Organization’s decision under Article 16 may be appealed exclusively as provided in this Article 12 12 2 1 Subject to Article 12 3 below decisions made under these Rules may be appealed exclusively to CAS in accordance with the provisions applicable to Appeals Arbitration Procedure as set forth in the CAS Code of Sports-related Arbitration 12 2 2 Persons Entitled to Appeal The following Persons shall have the right to appeal to CAS a the Athlete or other Person who is the subject of the decision being appealed b the IOC c the relevant International Federation d the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder and e WADA Notwithstanding any other provision herein the only Person who may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 27 42 12 2 3 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 12 of these Rules must file a cross appeal or subsequent appeal at the latest with the party’s answer 12 3 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4 4 of these Rules 12 4 Notice of Appeal Decisions Any Person entitled to appeal under Article 12 2 2 and any Anti-Doping Organization that is a party to an appeal shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations or other Persons that would have been entitled to appeal under Article 12 2 2 as provided under Article 13 2 12 5 Time for Filing Appeals The time to file an appeal to CAS shall be twenty-one days from the 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 the proceedings that led to the decision being appealed a Within fifteen days from notice of the decision such party ies shall have the right to request a copy of the case file from the body that issued the decision b If such a request is made within the fifteen-day period then the party making such request shall have twenty-one days from receipt of the case 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 days after the last day on which any other party in the case could have appealed or b Twenty-one days after WADA’s receipt of the complete case file relating to the decision IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 28 42 ARTICLE 13 – CONFIDENTIALITY AND REPORTING 13 1 Information Concerning Adverse Analytical Findings Findings and Other Asserted Anti-Doping Rule Violations Atypical 13 1 1 Notification of Anti-Doping Rule Violations to Athletes and other Persons Notification to Athletes or other Persons of anti-doping rule violations asserted against them shall occur as provided under Articles 7 13 and 14 of these Rules 13 1 2 Notification of Anti-Doping Rule Violations to NOCs a representative of the Independent Observer Program the International Federation concerned the IOC and WADA Notification of the assertion of an anti-doping rule violation to the NOC a representative of the Independent Observer Program the International Federation concerned the IOC and WADA shall occur as provided under Articles 7 13 and 14 of these Rules together with the notice to the Athlete or other Person 13 1 3 Content of an Anti-Doping Rule Violation Notification Notification of an anti-doping rule violation under Article 2 1 shall include • • • • • • • • the Athlete's name country sport and discipline within the sport the Athlete’s competitive level whether the test was In-Competition or Out-of-Competition the date of Sample collection the analytical result reported by the laboratory and other information as required by the International Standard for Testing and Investigations Notification of anti-doping rule violations other than under Article 2 1 shall include the rule violated and the basis of the asserted violation 13 1 4 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know which would include the appropriate personnel at the applicable National Olympic Committee National Federation and team in a Team Sport until the ITA has made Public Disclosure or has failed to make Public Disclosure as required in Article 13 3 IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 29 42 The CAS Anti-Doping Division and CAS shall ensure that information concerning Adverse Analytical Findings Atypical Findings and other asserted anti- doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 13 3 13 2 Notification of Anti-Doping Rule Violation Decisions and Request for Files 13 2 1 Anti-doping rule violation decisions rendered pursuant to these Rules shall include the full reasons for the decision 13 2 2 A Person or an Anti-Doping Organization having a right to appeal a decision received pursuant to Article 13 2 1 is entitled to receive a copy of the full case file pertaining to the decision Such request for the case file shall be made in accordance with Article 12 5 a 13 3 Public Disclosure 13 3 1 The identity of any Athlete or other Person who is asserted by the ITA to have committed an anti-doping rule violation may be Publicly Disclosed only after notice has been provided to the Athlete or other Person in accordance with Article 7 and also to the NOC a representative of the Independent Observer Program WADA and the International Federation of the Athlete or other Person in accordance with Article 13 1 2 13 3 2 No later than twenty days after it has been determined in a final appellate decision under Article 12 2 1 or such appeal has been waived or a hearing in accordance with Article 8 has been waived or the assertion of an antidoping rule violation has not been timely challenged the disposition of the matter including the sport the anti-doping rule violated the name of the Athlete or other Person committing the violation the Prohibited Substance or Prohibited Method involved if any and the Consequences imposed must be Publicly Reported The results of final appeal decisions concerning antidoping rule violations including the information described above must also be Publicly Reported within the same deadline 13 3 3 In any case where it is determined after a hearing or appeal that the Athlete or other Person did not commit an anti-doping rule violation the decision may be Publicly Disclosed only with the consent of the Athlete or other Person who is the subject of the decision R easonable efforts s ha ll b e m ad e to obtain such consent If consent is obtained the decision shall be Publicly Disclosed in its entirety or in such redacted form as the Athlete or other Person may approve 13 3 4 No public comment shall be made on the specific facts of any pending case as opposed to general description of process and science except in response to public comments attributed to the Athlete or other Person against whom an anti-doping rule violation is asserted or their representatives IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 30 42 13 3 5 The mandatory Public Reporting required in Article 13 3 2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor Any optional Public Reporting in a case involving a Minor shall be proportionate to the facts and circumstances of the case 13 4 Data Privacy 13 4 1 The ITA the IOC and other Anti-Doping Organizations all strictly for the purpose of the implementation of these Rules and or the Code shall be authorized to • collect • store • transfer to any location including to territories with data protection laws which do not provide for the same level of data protection as the territory where the data is transferred from • disclose and or • otherwise process any personal information relating to Athletes and other Persons for the duration and in all manners necessary and adequate to conduct their antidoping activities under these Rules Further information addressing the requirements of the International Standard for the Protection of Privacy and Personal Information in relation to the processing of personal information will be communicated to Athletes subject to Doping Control 13 4 2 “Personal information” referred to in Article 13 4 1 above and more generally in these Rules shall include any information related to identified or identifiable Athletes and other Persons subject to their application including for example and without limitation name date of birth contact details and sporting affiliations whereabouts granted TUEs if any antidoping test results and results management including disciplinary hearings appeals and sanctions and other information as further determined in the Code and the International Standard for the Protection of Privacy and Personal Information 13 4 3 By participating in the Olympic Games Tokyo 2020 Athletes and other Persons agree to be bound by these Rules and to comply with them and as part of the accreditation process to the Olympic Games Tokyo 2020 or otherwise such Athletes or other Persons have agreed that their personal information as defined in Article 13 4 2 may be used by the ITA the IOC WADA or any other Anti-Doping Organization in the manner and for the purposes set forth in Article 13 4 1 above 13 4 4 The ITA as well as the IOC and other Anti-Doping Organizations will implement adequate security safeguards including physical organizational technical environmental and other measures to prevent the loss theft or IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 31 42 unauthorized access destruction use modification or disclosure including disclosures made via electronic networks as required under the International Standard for the Protection of Privacy and Personal Information 13 4 5 Athletes or other Persons to whom the personal information relates shall have the right to access their personal information to request the modification or deletion of their personal information or to initiate a complaint in accordance with the provisions of the International Standard for the Protection of Privacy and Personal Information ARTICLE 14 – DEEMED NOTIFICATIONS 14 1 Any notification under these Rules by the ITA and or an Anti-Doping Organization to an Athlete or other Person accredited pursuant to the request of a NOC shall be deemed to be accomplished by delivery of the notification to that NOC This applies without limitation for all notifications sent before during and after the Period of the Olympic Games Tokyo 2020 It shall be the responsibility of the NOC to notify the Athlete or other Person in person Bona fide efforts by the ITA and any Anti-Doping Organization to secure notification in person shall be without prejudice to the validity of notifications to the NOC in application of this provision 14 2 Notification under these Rules to a NOC shall be deemed to be accomplished by delivery of the notification to either the President the Secretary General the chef de mission the deputy chef de mission or another representative of the NOC in question designated by the NOC for that purpose 14 3 During the Period of the Olympic Games Tokyo 2020 and for the purpose of the application of these Rules the Athlete and other Person shall be deemed to be validly represented by the NOC acting through the persons mentioned in Article 14 2 Without limitation this applies in the context of the application of Article 7 of these Rules ARTICLE 15 – DOPING AND MEDICATION CONTROL FOR HORSES – EQUINE ANTI-DOPING AND CONTROLLED MEDICATION REGULATIONS 15 1 To determine anti-doping rule violations results management fair hearings Consequences and appeals for Horses the Fédération Équestre Internationale FEI has established and implemented rules i that are generally consistent with Articles 1 2 3 9 10 11 13 and 17 of the Code and ii which include a list of prohibited substances appropriate Testing procedures and a list of approved laboratories for Sample analysis its “FEI Equine Anti-Doping and Controlled Medication Regulations” and the “FEI Veterinary Regulations” hereinafter collectively referred to as the “FEI Regulations” IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 32 42 15 2 Notwithstanding the application of the present Rules to all Athletes and Persons the FEI shall implement and apply the rules established in relation to Horses in particular the FEI Regulations The FEI shall forthwith provide the ITA with any decision s rendered pursuant to the FEI Regulations The ITA shall shall send copies of such decision s to Anti-Doping Organizations with a right to appeal under Article 12 2 2 The right of any Person to be heard in relation to i a procedure of the FEI applying the FEI Regulations and ii any potential further consequences or sanctions deriving from a decision of the FEI applying the FEI Regulations shall be exercised in front of the competent body of the FEI ARTICLE 16 – APPLICATION AND RECOGNITION OF DECISIONS 16 1 Subject to the right to appeal provided in Article 12 Testing Provisional Suspensions hearing results or other final adjudications of any Signatory which are consistent with the Code and are within that Signatory's authority shall be applicable worldwide and shall be recognized and respected by the IOC 16 2 The IOC shall recognize the measures taken by other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code ARTICLE 17 - STATUTE OF LIMITATIONS No anti-doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the antidoping rule violation as provided in Articles 7 and 13 or notification has been reasonably attempted within ten years from the date the violation is asserted to have occurred ARTICLE 18 – AMENDMENT AND INTERPRETATION OF THE RULES 18 1 These Rules may be amended from time to time by the IOC Executive Board The English version of these Rules shall prevail 18 2 These Rules shall be governed by Swiss law and the Olympic Charter 18 3 Nothing in these Rules shall be interpreted as to limit or waive any rights granted to Anti-Doping Organizations to conduct their anti-doping activities under applicable laws 18 4 The headings used for the various Parts and Articles of these Rules are for convenience only and shall not be deemed part of the substance of these Rules or to affect in any way the language of the provisions to which they refer The masculine gender used in relation to any physical Person shall unless there is a specific provision to the contrary be understood as including the feminine gender IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 33 42 18 5 The Code and the International Standards shall be considered integral parts of these Rules and shall prevail in case of conflict 18 6 These Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code The Introduction and Appendices shall be considered an integral part of these Rules In the event that these Rules do not cover an issue arising in connection with such Rules the relevant provisions from the Code shall apply mutatis mutandis For the sake of clarity in the event that there are any inconsistencies or lacunae within these Rules such inconsistencies or lacunae shall be resolved so as to carry out the spirit of the Code and these Rules 18 7 The comments annotating various provisions of the Code are incorporated by reference into these Rules shall be treated as if set out in full herein and shall be used to interpret these Rules 18 8 In the event that there is any conflict between these Rules and the CAS AntiDoping Division Arbitration Rules such conflict shall be resolved by the President of the relevant Division of the CAS or the Panel so as to carry out the spirit of both sets of rules in a reasonable manner IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 34 42 APPENDIX 1 - DEFINITIONS 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 in conjunction with data protection legislation Administration Providing supplying supervising facilitating or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method However this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-ofCompetition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance Adverse Analytical Finding A report from a WADA-accredited laboratory or other WADA-approved laboratory that consistent with the International Standard for Laboratories and related Technical Documents identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers including elevated quantities of endogenous substances 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 Anti-Doping Organization 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 the International Paralympic Committee other Major Event Organizations that conduct Testing at their Events WADA International Federations and National Anti-Doping Organizations Athlete Any Person who competes or may potentially compete in the Olympic Games Tokyo 2020 Athlete Biological Passport The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories Athlete Support Persons Any coach trainer manager agent team staff official medical paramedical personnel parent or any other Person working with treating or assisting an Athlete participating in or preparing for Competition Attempt Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping rule violation Provided however there shall be no anti-doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 35 42 Atypical Finding A report from a WADA-accredited laboratory or other WADAapproved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding Atypical Passport Finding A report described as an Atypical Passport Finding as described in the applicable International Standards CAS The Court of Arbitration for Sport unless the contrary is stated references to the CAS shall include its ad hoc Division on the occasion of the Olympic Games Tokyo 2020 to the exclusion of its CAS Anti-Doping Division CAS Anti-Doping Division the Division of the Court of Arbitration for Sport set up by the CAS Anti-Doping Division Arbitration Rules CAS Anti-Doping Division Arbitration Rules the Arbitration Rules applicable to dopingrelated cases arising during the Olympic Games adopted by ICAS setting up the CAS Anti-Doping Division to conduct hearings and issue decisions under the Rules Code The World Anti-Doping Code Competition A single race match game or singular sport contest at the Olympic Games Tokyo 2020 For example a basketball match or the final of the Olympic 100-meter race in athletics Consequences of Anti-Doping Rule Violations “Consequences” An Athlete's or other Person's violation of an anti-doping rule may result in one or more of the following a Disqualification means the Athlete’s results in a particular Competition or Event are invalidated with all resulting Consequences including forfeiture of any medals points and prizes b Ineligibility means the Athlete or other Person is barred on account of an anti-doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10 12 1 of the Code c Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8 d Financial Consequences means a financial sanction imposed for an anti-doping rule violation or to recover costs associated with an anti-doping rule violation and e Public Disclosure or Public Reporting means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 36 42 earlier notification in accordance with Article 13 Teams in Team Sports may also be subject to Consequences as provided in Article 11 Contaminated Product A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search Disqualification See Consequences of Anti-Doping Rule Violations above Doping Control All steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information Sample collection and handling laboratory analysis TUEs results management and hearings Event A series of individual Competitions forming part of the Olympic Games Tokyo 2020 in respect of which medals are awarded e g the women’s volleyball tournament Event Venues Those venues for which it is necessary to have an accreditation ticket or permission from the IOC or Tokyo 2020 and any other areas that are specifically designated as such by the IOC or Tokyo 2020 Fault Fault is any breach of duty or any lack of care appropriate to a particular situation Factors to be taken into consideration in assessing an Athlete or other Person’s degree of Fault include for example the Athlete’s or other Person’s experience whether the Athlete or other Person is a Minor special considerations such as impairment the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk In assessing the Athlete’s or other Person’s degree of Fault the circumstances considered must be specific and relevant to explain the Athlete’s or other Person’s departure from the expected standard of behavior Thus for example the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility or the fact that the Athlete only has a short time left in Athlete’s career or the timing of the sporting calendar are not relevant factors to be considered in reducing the period of Ineligibility under Article 10 5 1 or 10 5 2 of the Code Financial Consequences See Consequences of Anti-Doping Rule Violations above In-Competition For purposes of these Rules “In-Competition” means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition Independent Observer Program A team of observers under the supervision of WADA who observe and provide guidance on the Doping Control process at certain Events and report on their observations IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 37 42 Individual Sport Any sport that is not a Team Sport Ineligibility See Consequences of Anti-Doping Rule Violations above International Event An Event or Competition where the International Olympic Committee the International Paralympic Committee an International Federation a Major Event Organization or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event International Federation shall mean an international non-governmental organisation recognised by the IOC administering one or several sports at world level and encompassing organisations administering such sports at national level International-Level Athletes Athletes who compete in sport at the international level as defined by each International Federation consistent with the International Standard for Testing and Investigations 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 the International Standard IOC The International Olympic Committee ITA International Testing Agency set up as a Swiss foundation and having the purpose of providing independent Doping Control services to Anti-Doping Organizations including without limitation the IOC Major Event Organizations The continental associations of National Olympic Committees and other international multi-sport organizations that function as the ruling body for any continental regional or other International Event For purposes of these Rules the Major Event Organization is the IOC 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 Minor A natural Person who has not reached the age of eighteen 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 the management of test results and the conduct of hearings at the national level If this designation has not been made by the competent public authority ies the entity shall be the country’s National Olympic Committee or its designee IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 38 42 National Event A sport Event or Competition involving International- or NationalLevel Athletes that is not an International Event National Federation A national or regional entity which is a member of or is recognized by an International Federation as the entity governing the International Federation's sport in that nation or region National-Level Athletes Athletes who compete in sport at the national level as defined by each National Anti-Doping Organization consistent with the International Standard for Testing and Investigations National Olympic Committee or NOC The organization recognized by the IOC The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area No Fault or Negligence The Athlete or other Person’s establishing that he or she did not know or suspect and could not reasonably have known or suspected even with the exercise of utmost caution that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule Except in the case of a Minor for any violation of Article 2 1 the Athlete must also establish how the Prohibited Substance entered the Athlete’s system No Significant Fault or Negligence The Athlete or other Person's establishing that Athlete’s Fault or negligence when viewed in the totality of the circumstances and taking into account the criteria for No Fault or negligence was not significant in relationship to the anti-doping rule violation Except in the case of a Minor for any violation of Article 2 1 the Athlete must also establish how the Prohibited Substance entered the Athlete’s system Olympic Games Tokyo 2020 Games of the XXXII Olympiad Summer Games Tokyo 2020 Out-of-Competition Any period which is not In-Competition Participant Any Athlete or Athlete Support Person Period of the Olympic Games Tokyo 2020 The period commencing on the date of the opening of the athlete village for the Olympic Games Tokyo 2020 namely 14 July 2020 up until and including the day of the closing ceremony of the Olympic Games Tokyo 2020 namely 9 August 2020 Period of the Pre-Olympic Games Tokyo 2020 The period commencing on 13 May 2020 up until and including the day prior to the opening of the athlete village for the Olympic Games Tokyo 2020 namely 13 July 2020 Person A natural Person or an organization or other entity IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 39 42 Possession The actual physical Possession or the constructive Possession which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists provided however that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it Provided however there shall be no anti-doping rule violation based solely on Possession if prior to receiving notification of any kind that the Person has committed an antidoping 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 the purchase including by any electronic or other means of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase Prohibited List The list identifying the Prohibited Substances and Prohibited Methods Prohibited Method Any method so described on the Prohibited List Prohibited Substance Any substance or class of substances so described on the Prohibited List Provisional Hearing For purposes of Article 7 6 an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form Provisional Suspension See Consequences of Anti-Doping Rule Violations above Publicly Disclosure or Publicly Reporting See Consequences of Anti-Doping Rule Violations above 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 the review of TUEs the conduct of hearings and the conduct of educational programs at a regional level Registered Testing Pool The pool of highest-priority Athletes established separately at the international level by International Federations and at the national level by National Anti-Doping Organizations who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5 6 of the Code and the International Standard for Testing and Investigations Rules The IOC Anti-Doping Rules applicable to the Olympic Games Tokyo 2020 IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 40 42 Sample or Specimen Any biological material collected for the purposes of Doping Control Signatory ies Those entities signing the Code and agreeing to comply with the Code as provided in Article 23 of the Code Specified Substance See Article 4 2 3 Strict Liability The rule which provides that under Article 2 1 and Article 2 2 it is not necessary that intent Fault negligence or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an anti-doping rule violation Substantial Assistance For purposes of Article 10 6 1 of the Code a Person providing Substantial Assistance must 1 fully disclose in a signed written statement all information he or she possesses in relation to anti-doping rule violations and 2 fully cooperate with the investigation and adjudication of any case related to that information including for example presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel Further the information provided must be credible and must comprise an important part of any case which is initiated or if no case is initiated must have provided a sufficient basis on which a case could have been brought Tampering Altering for an improper purpose or in an improper way bringing improper influence to bear interfering improperly obstructing misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring Target Testing Selection of specific Athletes 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 Competition Testing The parts of the Doping Control process involving test distribution planning Sample collection Sample handling and Sample transport to the laboratory Tokyo 2020 The organising committee for the Olympic Games Tokyo 2020 Trafficking Selling giving transporting sending delivering or distributing or Possessing for any such purpose a Prohibited Substance or Prohibited Method either physically or by any electronic or other means by an Athlete Athlete Support Person or any other Person subject to the jurisdiction 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 used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-ofCompetition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 41 42 intended to enhance sport performance TUE Therapeutic Use Exemption as described in Article 4 4 TUEC Therapeutic Use Exemption Committee as described in Article 4 4 2 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 IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 42 42
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