DEPORTS Law 26.912 Legal Regime for the Prevention and Control of Doping in Sport. Objectives. Sanctioned: November 13 of 2013 Cast: December 6, 2013 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
JURIDIC REGIME FOR PREVENTION AND CONTROL OF DOPAJE IN THE DEPORT
PART I
Object and scope of application
ARTICLE 1 —Object. This regime aims to prevent doping in sport, combat doping in sport on the basis of the principle of clean play and the protection of the health of those involved in competitions.
ARTICLE 2 — Application to national sports federations. National sports federations must accept these anti-doping standards and incorporate them directly or by reference in their statutes and regulations as part of sporting standards.
The application of this regime to the participants is based on the obligations arising from the affiliation or associative link that exists between national sports federations and their members or participants through the agreement of those individuals to participate in the sport according to their rules.
As a condition for receiving financial or other support from the State, national sports federations must agree to be in accordance with the spirit and terms of national anti-doping programmes and of this regime, including the application of sanctions on individuals; they must respect the authority of the National Anti-doping Commission and cooperate with that agency and the disciplinary bodies in all doping matters that are not governed by the rules of the international sport federation.
With the adoption of this regime in its sporting statutes and norms, national sports federations, as well as its members and participants, must recognize the authority and responsibility of the National Anti-doping Commission to carry out anti-doping controls.
The international sport federation and the National Anti-Dropod Commission must respect their authority and responsibility in accordance with the World Anti-Dropod Code.
With the adoption of this regime in its sports regulations and rules, national sports federations must also subject all athletes under their jurisdiction to these anti-doping standards. They must agree to be subject to the decisions taken in accordance with these rules and, in particular, to the decisions of the National Disciplinary Antidoping Tribunal and the Arbitral Antidoping Tribunal. International federations, members and participants must recognize and accept this submission, subject to the rights of appeal provided for in these rules.
ARTICLE 3o — Application to people. The Legal Regime for the Prevention and Control of Doping in Sport applies to all persons who are members of a national sport federation, whatever their place of domicile or the place where they are located; to those who are members of an affiliate to a national sport federation, clubs, teams, associations or leagues or participate in any form in any organized, sporting, convoked or authorized by a national association
Participants, including minors, must accept, submit and be subject to this regime by virtue of their participation in sport.
ARTICLE 4o — Obligations of athletes. The obligations of athletes are:
(a) To be informed of and comply with applicable anti-doping provisions and regulations;
(b) Be available for sample taking;
(c) To be responsible, in the context of the antidoping, for which they ingest or use;
(d) To inform medical personnel of their obligation not to use prohibited substances or methods and to ensure that any medical treatment received does not violate the antidoping standards adopted under the Global Antidoping Code.
ARTICLE 5o — Obligations of support staff. The obligations of athlete support staff are:
(a) To be informed of all anti-doping provisions and regulations adopted in accordance with the Global Anti-doping Code applicable to them and to athletes supporting and complying with them;
(b) Cooperate with the athlete ' s control programme;
(c) Use its influence on athlete's values and behavior to promote anti-doping attitudes.
If any person is accused of having infringed the anti-doping standards, the penalties provided for therein must be applied. The person sanctioned under these anti-doping rules must remain subject to them during the suspension period regardless of the type of association of that person in any sport federation or sports organization. Unless the sanctioned person retires during the suspension period, this subjection must include being available for anti-doping controls.
PART II
Non-doping standards
Chapter 1
Definition of doping
ARTICLE 6o — Definition of doping. Doping is defined as the commission of one or more breaches of antidoping standards as provided for in articles 8 to 15 of this regime.
ARTICLE 7o — Distinction between sport and criminal offences. Offences to anti-doping rules may be of a sporting or criminal order; those of a sporting order are those referred to in article 6 and their trial and punishment must be in accordance with the provisions of this regime; those of a criminal order are those provided for in articles 110 and 111 of the latter and their trial and punishment must be in conformity with the provisions of criminal law and the respective procedural codes.
Both athletes and other persons involved are responsible for knowing what constitutes a violation of anti-doping standards and the substances and methods included in the list of prohibited substances and methods.
Chapter 2
Infringements in particular
ARTICLE 8o — Presence of a prohibited substance or its metabolites or markers in the sample of an athlete. The presence of a prohibited substance or its metabolites or markers in the sample of an athlete is a violation of antidoping standards.
For the purposes of setting up such infringement, the following guidelines should be considered:
(a) It is a personal obligation of each athlete to ensure that no prohibited substance is entered into your body. Athletes are responsible for the presence of any prohibited substance, its metabolites or its markers, which are detected in their samples. It is not necessary to demonstrate its intentional, guilty or negligent use, or the conscious use by the athlete to establish an anti-doping offence;
(b) Sufficient evidence of infringement of the antidoping rules any of the following circumstances: the presence of a prohibited substance or its metabolites or markers in a sample of the athlete when the athlete resigns from the analysis of a second sample and the latter is not analyzed, or when the second sample of the athlete is analyzed and such analysis confirms the presence of the prohibited substance or its metabolites or markers found in the first;
(c) The presence of a prohibited substance, its metabolites or markers, in any amount, in a sample of an athlete, constitutes a violation of anti-doping standards, except for those substances for which a quantification limit is specifically identified in the list of prohibited substances and methods;
(d) As an exception to the general rule of this article, the list of prohibited substances or methods or international standards may provide for special criteria for the assessment of prohibited substances that may also be produced endogenously.
ARTICLE 9o — Use or attempt to use a prohibited substance or a prohibited method. The use or attempt to use by an athlete of a prohibited substance or a prohibited method is a violation of anti-doping standards.
For the purposes of setting up such infringement, the following guidelines should be considered:
(a) It is a personal obligation of the athlete to ensure that no prohibited substance enters his body. It is not necessary to demonstrate intention, guilt, negligence or conscious use by the athlete to determine that there has been a violation of anti-doping standards by the use of a prohibited substance or method;
(b) It is not a matter of determining whether a breach of the anti-doping norm has been committed to the success or failure in the use of a prohibited substance or a prohibited method. It is sufficient that the prohibited substance or the prohibited method has been used or attempted.
ARTICLE 10. - Negative or resistance, without valid justification, to a sample taking. It constitutes an infringement of the anti-doping standards of refusal or resistance, without valid justification, to a sample taking after a notification made in accordance with applicable anti-doping standards, or to avoid in any other way taking samples.
ARTICLE 11. - Infraction to the applicable requirements regarding the availability of the athlete for out-of-competitive controls. In accordance with the international standard for controls, a failure to comply with the duty of information and a breach of the obligation to be available for controls as stated in the information on the whereabouts is considered as a failed control. Any combination of three (3) failed controls or non-compliance with whereabouts information within a period of eighteen (18) months constitutes a violation of anti-doping standards.
ARTICLE 12. - Forgery or attempted forgery of any part of the doping control procedure. Counterfeiting or attempted forgery of any part of the doping control procedure is a violation of antidoping standards.
ARTICLE 13. - Possession of prohibited substances or methods. It constitutes infringement of anti-doping standards:
(a) The possession, in competence, by an athlete, of any prohibited method or substance; or the possession, outside the competence of the athlete, of any method or substance prohibited in controls outside the jurisdiction, except that the athlete demonstrates that this possession is due to a therapeutic use authorization granted under article 4.4 of the Global Antidoping Code or other acceptable justification;
(b) The possession, in competition, of any prohibited method or substance by the athletes ' support staff; or possession, outside competition, by the athletes ' support staff, of any method or substance prohibited in controls performed outside competition in relation to an athlete, in competition or training, except that the support staff may establish that possession is due to an anti-use authorization for therapeutic purposes provided for in the World Code.
ARTICLE 14. - Traffic or attempted traffic of any prohibited substance or prohibited method. It constitutes infringement of antidoping rules the traffic or attempted traffic of any prohibited substance or prohibited method.
ARTICLE 15. - Administration or management attempt. It constitutes an infringement of the anti-doping rules the administration or the attempt of administration, during the competition or in the controls carried out outside it, to an athlete, of a prohibited substance or prohibited method, or assistance, incitement, contribution, instigation, concealment or participation in the execution of a violation of the anti-doping standards provided for in articles 8 to 14 of the present regime or any other attempt to violate them or the provision of assistance to the author or authors
Chapter 3
Doping Test
ARTICLE 16. - Charge and degree of doping test. Relapse on the antidoping organization the burden of proving that there has been a violation of the antidoping norm. The degree of proof should be such that the organization that has established the violation of the rules convinces the intervening court taking into account the seriousness of the statement it makes. The degree of the test should be greater than that of a fair probability balance but lower than the test beyond any reasonable doubt. When the present regime makes a athlete or any other person alleged to have committed an infringement the burden of investing such presumption or of establishing the existence of specific circumstances or facts, the degree of proof must be the fair balance of possibilities, except in the cases covered by articles 26 and 32 of the present regime, where the athlete has a greater burden of proof.
ARTICLE 17. - Ways to establish facts and presumptions. The facts relating to breaches of the anti-doping rule may be proved by any legitimately obtained means, including confession. The following test standards are applicable in doping cases:
(a) It is assumed that laboratories accredited by the World Anti-Dropulation Agency conduct sample analysis and apply custodial procedures in accordance with the international standard for laboratories. The athlete or another person may devise this presumption by demonstrating that there has been a diversion, with respect to the international norm, which could reasonably have caused the adverse analytical result. In this case, the anti-doping organization bears the burden of demonstrating that this deviation could not have been the origin of the adverse analytical result;
(b) Any deviation from any other international norm or other anti-doping norm or policy that has not resulted in an adverse analytical result or other breaches of anti-doping standards does not invalidate such results. If the offender demonstrates that a deviation from another international norm or other doping control policy could reasonably have caused the adverse analytical result, the antidoping organization bears the burden of establishing that this deviation has not caused the infringement of the antidoping norm;
(c) The facts shown in a final judgement of the National Disciplinary Antidoping Tribunal constitute an irrefutable evidence against the athlete or the other person to whom the judgement concerning such acts affects, unless one of them proves that the judgement contravenes the general principles of law;
(d) The National Disciplinary Anti-doping Tribunal may draw adverse conclusions to the athlete or other person who were charged with having committed an infringement of the anti-doping rules originating in the refusal to appear in the disciplinary proceedings following a steadfast summons made in time and form by the court.
Chapter 4
List of prohibited substances and methods
ARTICLE 18. - Substances and prohibited methods. The list of prohibited substances and methods identifies prohibited substances and methods at all times, both during and outside competition, due to their potential for improved performance in future competitions or their potential masking effect, and the substances and methods that are only prohibited in competition. The list of prohibited substances and methods can be expanded by the World Anti-Dropping Agency for a particular sport. Substances and prohibited methods may be included in the list of substances and methods prohibited by categories of substances, such as anabolizing agents, or through specific references to a particular substance or method.
Each revision to the list of prohibited substances and methods made by the World Anti-Dropulation Agency pursuant to Article 4.1. of the Global Antidoping Code enters into force three (3) months after its publication by that agency, without requiring any additional action. The National Antidoping Commission should assist in its proper distribution to the organizations under its supervision.
The National Antidoping Commission should publish the list of substances and methods prohibited in the Official Gazette of the Argentine Republic by resolution. This publication is of a periodic nature and should occur when changes are made to the list of prohibited substances and methods published by the World Antidoping Agency.
The list of prohibited substances and methods for animals participating in sporting competencies should be established by each of the national and international sports federations involving animals or institutions exercising control over such competencies.
The Ministry of Agriculture, Livestock and Fisheries must publish the lists of prohibited substances and methods for animals participating in sports competitions in the Official Gazette, by resolution. This publication is of a periodic nature and should occur when the respective national federations or institutions that exercise control over the sporting skills in which animals participate make changes to the list of prohibited substances and methods.
ARTICLE 19. - Specific substances. The prohibited substances, except those belonging to the category of anabolizing substances and hormones, antagonists and modulators, as well as those stimulants identified as such in the list of prohibited substances and methods, constitute the “specific substances” for the purposes of the application of articles 24 to 62 of this regime. The prohibited methods are not considered “specific substances”.
ARTICLE 20. - Identification of prohibited substances and methods to include in the list of prohibited substances and methods. The determination by the Global Anti-doping Agency of the prohibited substances and methods to include in the list of prohibited substances and methods and the classification of the substances in the categories of that list are final and cannot be questioned by any athlete or other person based on the fact that the substance or method is not a masking agent, does not have the potential to improve sports performance, does not represent a sports risk for health or does not violate the spirit.
Chapter 5
Withdrawal of sports activity and cancellation of results
ARTICLE 21. - Withdrawal of sports activity. If an athlete or another person retires in the course or before a results management procedure begins, the process may continue to be completed.
ARTICLE 22. - Automatic cancellation of individual results. The infringement of an anti-doping rule in individual sports in relation to a control during competition automatically entails the cancellation of the results obtained in that competition, which implies the loss of all medals, points and prizes.
ARTICLE 23. - Cancellation of the results at the event during which the infringement takes place. An infringement of a rule that takes place during or in connection with an event may, as decided by the body responsible for that event, an annulment of the individual results of the athlete obtained in the framework of that event, including the loss of medals, points and prizes, except in the cases provided for in the following paragraph.
If the athlete manages to prove that he has not committed any act of guilt or negligence in relation to the infringement, his individual results in other competencies should not be annulled, except that the results obtained in other competencies could have been influenced by that infringement.
PART III
Sanctions
Chapter 1
Individual sanctions
ARTICLE 24. - Suspensions imposed for the first offence in case of use, attempted use or possession. The suspension period imposed by one of the offences specified in articles 8, 9 and 13 of the present regime is two (2) years for the first offence, except that the conditions for annulment or reduction of the suspension period are met under articles 26 to 31, or the requirements for prolonging the suspension period under article 32.
ARTICLE 25. - Suspension for other breaches of anti-doping standards. The period of suspension for breaches of anti-doping standards other than those reflected in article 24 of the present regime is:
(a) For violations of articles 10 and 12, of two (2) years, except in the event that the conditions set out in articles 27 to 31 or those determined in article 30 are met;
(b) For violations of articles 14 and 15, from a minimum of four (4) years to a maximum suspension of life, unless the conditions set out in articles 27 to 31 are met. An offence involving a minor must be considered a particularly serious offence and, if committed by the athletes ' support staff in respect of offences that were not related to the specific substances as set out in article 19, it must result in the suspension of such support staff for life. Serious violations that also violate non-sports laws and regulations must be communicated to the competent administrative, professional or judicial authorities;
(c) For violations of article 11, the suspension period must be at least one (1) year and a maximum of two (2) years according to the degree of guilt of the athlete.
ARTICLE 26. - Cancellation or reduction of the suspension period by use of specific substances in certain circumstances. If an athlete or another person can demonstrate how he/she has entered his/her body or why he/she is in possession of a specific substance and that such substance did not intend to improve the sports performance of the athlete or mask the use of a substance aimed at improving its performance, and it is its first infringement, the suspension period established in Article 24 of the present regime is replaced by that of, at least, UNA (1) reprimanding and no period of future events (2).
To justify any annulment or reduction, the athlete or the other person must present complementary evidence that corroborates an existing evidence, that backs up his statement and which sufficiently convince the court about the absence of intention to improve sports performance or mask the use of a substance that improves it. The degree of guilt of the offender must be taken into account to assess any reduction in the suspension period.
ARTICLE 27. - Cancellation of the suspension period due to lack of guilt or negligence. If an athlete shows in a particular case that there was no faulty or negligent conduct on his part, the applicable suspension period must be cancelled. When a prohibited substance, its metabolites or its markers are detected in the samples of an athlete contravening the provisions of article 8 of the present regime, the athlete must also demonstrate how the prohibited substance was introduced in his body to lift the suspension period. In this case, the infringement of anti-doping standards should not be considered an infringement on the determination of the suspension period applicable to cases of multiple infractions in accordance with the provisions of ar-ticles 33 to 48.
ARTICLE 28. - Reduction of the suspension period due to the absence of significant guilt or negligence. If an athlete or another person manages to demonstrate in a particular case that they have not committed any significant negligent or blameful act, the suspension period can be reduced to half of that which would normally have to be applied. When the latter is a life suspension, the reduced suspension period applied must be at least eight (8) years. If a prohibited substance, its metabolites or its markers are detected in the samples of an athlete in contravention of the provisions of Article 8 of this regime, the athlete must demonstrate how the prohibited substance was introduced into his body in order to benefit from a reduced suspension period.
ARTICLE 29. - Reduction of the suspension period for substantial aid for the discovery or demonstration of infractions. The National Anti-doping Disciplinary Court and the Anti-doping Arbitral Tribunal, respectively, may, prior to the issuance of the final appeal judgement under articles 65 et seq. or the end of the time limit set for the appeal, abolish part of the suspension period imposed in specific cases in which an athlete or other person has provided substantial aid to an anti-doping organization, police authority or professional disciplinary agency, thus allowing the organization to prove infringement Based on a final judgement of appeal, according to articles 65 et seq., or the end of the appeal period, the National Anti-doping Disciplinary Court can only delete part of the corresponding suspension period, and must do so with the authorization of the World Anti-doping Agency and the affected international sport federation. The degree to which the period of suspension that would have been applied may be eliminated should be based on the seriousness of the infraction committed by the offender and the relevance of the substantial aid provided by the offender in order to eradicate doping in sport. More than three quarters (3/4) of the suspension period that would have been applicable cannot be deleted. If the latter were for life, the reduced suspension period should not be less than eight (8) years. If the National Disciplinary Antidoping Court abolishes a part of the suspension period under this article, it must immediately provide a written justification on its decision to each anti-doping organization entitled to appeal the judgement. If the court subsequently re-establishes a part of the suspended suspension period because the athlete or the other person has not provided the expected substantial assistance, none of them may resort to such re-establishment in accordance with articles 67 to 71.
ARTICLE 30. - Reduction of the period of suspension by confession of an offence in the absence of other evidence. In the event that an athlete or other person voluntarily admits to having committed an infringement of the anti-doping rules before having received the notice of taking a sample that could prove a violation of such rules or in the event of an infringement of the anti-doping rules other than that set forth in article 8 of this regime before receiving the first notice of the admitted infringement, and that such confession may be the only reliable proof of the existence of the infringement at the time of the lesser period of the suspension.
ARTICLE 31. - Right to a reduction in the penalty under more than one causal element. Prior to the application of any reduction under articles 28 to 30 of the present regime, the National Disciplinary Anti-doping Tribunal must determine which of the basic penalties of articles 24, 25, 26 and 32 apply to that specific offence. If the athlete or the other person demonstrates their right to a reduction or the abolition of the suspension period in accordance with two (2) or more of the assumptions of articles 28 to 30, the penalty period may be reduced or abolished, but not by a term less than the fourth (1/4) part of the suspension period that could otherwise have been applied.
ARTICLE 32. - Aggravating circumstances. If the anti-doping organization demonstrates, in an individual case involving a violation other than those provided for in articles 14 and 15 of the present regime, that there are aggravating circumstances that justify the imposition of a period of suspension greater than the ordinary, the suspension period should be increased to a maximum of four (4) years, unless the offender can prove convincingly to the court that he has not intentionally violated the anti-doping rule. The athlete or the other person may avoid the application of this article if they admit the infringement of the anti-doping rules that are charged to them immediately after such an indictment has been notified.
ARTICLE 33. - Second offense. In the case of first infringement of the anti-doping rules by an athlete or another person, the suspension period is set out in articles 24 and 25 of the present regime, with the possibility of deletion, reduction or deletion under articles 26 to 30 or increase under article 32. In the event of a second violation of anti-doping standards, the suspension period should be set within the intervals set out in articles 34 to 43.
ARTICLE 34. - Suspension from one to four years. The athlete or another person shall be punished with suspension of one (1) to four (4) years:
(a) Any person who has been subject to a reduced penalty for the use of specific substances (SR) and commits a second offence which should also be punished by such punishment;
(b) Any person who has been sanctioned for not indicating the location of the athlete or for failed controls (NLCF) and commits a second offence which should be punished with a reduced penalty for the use of specific substances (SR);
(c) A person who has been imposed a reduced penalty because there is no negligence or significant fault (NCS) and commits a second offence which should be punished with a reduced penalty for the use of specific substances (SR).
ARTICLE 35. - Suspension from two to four years. The athlete or other person shall be punished with suspension of two (2) to four (4) years:
(a) Any person who has been subject to a reduced penalty for the use of specific substances (SR) and commits a second offence for not indicating the location of the athlete or for failed controls (NLCF);
(b) Any person who has been imposed a reduced penalty for the use of specific substances (SR) and commits a second offence which should be punished with a reduced penalty because there is no negligence or significant fault (NCS);
(c) To whom a standard sanction had been imposed under articles 24 or 25 (a) of the present regime (SE) and to commit a second offence which should be punished by a reduced penalty for the use of specific substances (SR).
ARTICLE 36. - Suspension four to five years. The athlete or other person who has been subjected to an aggravated penalty (SA) will be punished with suspension of four (4) to five (5) years and commits a second offence which should be punished with a reduced penalty for the use of specific substances (SR).
ARTICLE 37. - Suspension four to six years. The athlete or other person who has been subject to reduced penalties for the use of specific substances (SR) shall be punished with suspension of four (4) to six (6) years and shall commit a second offence which shall be subject to the standard sanction under articles 24 or 25, subparagraph (a), of this regime (SE).
ARTICLE 38. - Suspension four to eight years. The athlete or another person shall be punished with suspension of four (4) to eight years:
(a) Any person who has been punished for not indicating the location of the athlete or for failed controls (NLCF) and commits a second offence for the same cause;
(b) Anyone who has been sanctioned for not indicating the location of the athlete or for failed controls (NLCF) and commits a second offence which should be sanctioned with a reduced penalty because there is no negligence or significant fault (NCS);
(c) Any person who has been imposed a reduced penalty because there is no negligence or significant fault (NCS) and commits a second infringement for not indicating the location of the athlete or for failed controls (NLCF);
(d) A person who has been subjected to a reduced penalty because there is no negligence or significant fault (NCS) and commits a second offence which should be punished by a penalty reduced by the same cause.
ARTICLE 39. - Suspension from six to eight years. The athlete or another person shall be punished with suspension of six (6) to eight years:
(a) Any person who has been subject to a penalty for not indicating the location of the athlete or for failed controls (NLCF) and commits a second infringement that is subject to the standard sanction under articles 24 or 25 (a) of the present regime (SE);
(b) A person who has been subject to a reduced penalty because there is no negligence or significant fault (NCS) and commits a second offence which is subject to the standard sanction under articles 24 or 25 (a) of this regime (SE);
(c) To whom the standard sanction had been imposed under articles 24 or 25, subparagraph (a), of the present regime (SE) and to commit a second offence by not indicating the location of the athlete or by failed controls (NLCF);
(d) Any person who has been subject to a standard sanction under articles 24 or 25 (a) of the present regime (SE) and commits a second offence which should be punished by a reduced penalty because there is no significant negligence or guilt (NCS).
ARTICLE 40. - Suspension from eight to ten years. The athlete or other person who has been subjected to a reduced penalty for the use of specific substances (SR) shall be punished with suspension from eight (8) to ten (10) years and commits a second offence which should be punished with an aggravated penalty (SA).
ARTICLE 41. - Suspension from eight years to life. It shall be punished with suspension of eight (8) years to life by the athlete or another person:
(a) Any person who has been subject to a standard sanction under articles 24 or 25, subparagraph (a), of the present regime (SE) and commits a second offence which also provides for a standard sanction under the above-mentioned articles;
(b) Any person who has been subject to a penalty for infringement of traffic and administration (TRA) and commits a second offence which should be punished by a reduced penalty for the use of specific substances (SR).
ARTICLE 42. - Ten-year suspension for life. A athlete or another person shall be punished with a suspension of 10 years to life:
(a) Any person who has been imposed a reduced penalty for the use of specific substances (SR) and commits a second offence for trafficking and administration (TRA);
(b) Anyone who has been sanctioned for not indicating the location of the athlete or for failed controls (NLCF) and commits a second offence that should be punished with an aggravated penalty (SA);
(c) Any person who has been imposed a reduced penalty because there is no significant negligence or guilt (NCS) and commits a second offence which should be punished with an aggravated penalty (SA);
(d) Any person who has been subjected to an aggravated penalty (SA) and commits a second offence for not indicating the location of the athlete or for failed controls (NLCF);
(e) Any person who has been subjected to an aggravated penalty (SA) and commits a second offence which should be punished by a reduced penalty because there is no negligence or significant fault (NCS).
ARTICLE 43. - Suspension for life. Athlette or other person shall be punished with suspension of life:
(a) Any person who has been punished for not indicating the location of the athlete or for failed controls (NLCF) and commits a second traffic and administration offence (TRA);
(b) Any person who has been imposed a reduced penalty because there is no negligence or significant fault (NCS) and commits a second infringement of traffic and administration (TRA);
(c) To whom a standard sanction had been imposed under articles 24 or 25, subparagraph (a), of the present regime (SE) and to commit a second offence which should be punished with an aggravated penalty (SA);
(d) Any person who has been subject to a standard sanction under articles 24 or 25 (a) of the present regime (SE) and commits a second traffic and administration offence (TRA);
(e) Any person who has been subjected to an aggravated penalty (SA) and commits a second infringement that is provided for in the standard sanction under articles 24 or 25 (a) of this regime (SE);
(f) Any person who has been subjected to an aggravated penalty (SA) and commits a second offence which should be punished by the same kind of sanction;
(g) Any person who has been subjected to an aggravated penalty (SA) and commits a second offence for trafficking and administration (TRA);
(h) Any person who has been subject to a penalty for traffic and administration infringement (TRA) and commits a second offence for not indicating the location of the athlete or for failed controls (NLCF);
(i) Any person who has been punished for a traffic and administration offence (TRA) and commits a second offence which should be punished by a reduced penalty because there is no negligence or significant fault (NCS);
(j) Any person who has been subject to a penalty for infringement of traffic and administration (TRA) and commits a second offence which is subject to the standard sanction under articles 24 or 25 (a) of the present regime (SE);
(k) Any person who has been punished for a traffic and administration offence (TRA) and commits a second offence which should be punished with an aggravated penalty (SA);
(l) Any person who has been punished for traffic and administration offences (TRA) and commits a second traffic and administration offence (TRA).
ARTICLE 44. - Application of articles 29 and 30 of the present regime to the second offence. In the event that an athlete or other person who has committed a second infringement of the anti-doping rules demonstrate their right to the deletion or reduction of part of the suspension period under articles 29 and 30, the National Anti-doping Disciplinary Court must determine what the suspension period would be in any other case within the time limit provided for in articles 34 to 43 and apply the deletion or reduction for that period (1/4 to another case)
ARTICLE 45. - Applicable penalties in case of third infringement of anti-doping standards. The existence of a third infringement on anti-doping standards results in the suspension of life, except if it meets the conditions of elimination or reduction of the period of suspension set out in article 26 of this regime or imports a violation of article 11. In these cases, the suspension period is that of article 41.
ARTICLE 46. - Potentially multiple breaches. In order to establish sanctions under articles 34 to 44 of the present regime, a violation of the anti-doping rules is only considered a second offence if the National Anti-doping Disciplinary Court proves that the athlete or another person has committed a second violation of the anti-doping standards after having been notified of the first adverse analytical result, in accordance with the provisions of the Global Anti-doping Code on managing the results, or after the completion of the necessary diligence. If the National Disciplinary Anti-doping Court fails to demonstrate this fact, the offences must be considered as a single and first offence and the penalty imposed must be based on the offence which entails the most severe sanction, without prejudice to which the existence of several offences may be considered at the time of determining the aggravating circumstances provided for in article 32.
ARTICLE 47. - Infraction before notification of another offence. If, after the resolution of a first infringement of the anti-doping rules, facts relating to another infringement by the athlete or another person committed prior to the notice of the former, an additional penalty shall be imposed on the basis of which he may have been imposed if both offences were established at the same time. The results obtained in all the powers that be removed from the first offence must be annulled in accordance with article 49 of the present regime. In order to avoid the possibility of finding the aggravating circumstances provided for in article 32 relating to the subsequent previous offence, the offender must promptly and voluntarily admit that he has committed the previous offence after receiving the notification for the first indictment. The same rule applies if facts concerning a previous infringement are discovered after a second violation of anti-doping standards is resolved.
ARTICLE 48. - Period for multiple infractions. For the purposes of articles 34 to 45 of the present regime, offences must have occurred within the same period of OCHO (8) years to be considered multiple.
ARTICLE 49. - Cancellation of results in competitions following the taking of samples or the commission of an offence. In addition to the annulment of the results obtained in a competition during which a positive sample had been detected under the ar-tucle 22 of this regime, all other results obtained in competition from the date on which a positive sample has been collected, during or outside the competition, or from the date on which another infringement had taken place, must be annulled, with the consequent withdrawal of all medals, points and awards, until the beginning of any provisional suspension of fairness or suspension.
ARTICLE 50. - Return of the prize obtained fraudulently. As a condition to be rehabilitated after it has been determined that the athlete has committed an infringement on the anti-doping standards, it must previously return the entire award obtained fraudulently.
ARTICLE 51. - Assignment of the award obtained fraudulently. Except that the rules of the international federation indicate that the amount of the prize obtained fraudulently must be reassigned to other athletes, it must be used to cover the expenses incurred by the anti-doping organization that has carried out the actions necessary to recover the money. If there is a surplus, the costs of the anti-doping organization that has led to the management of the case should be covered. The remnant, if any, must be assigned in accordance with the rules of the international federation.
ARTICLE 52. - Start of the suspension period. Except as set out in articles 53 to 60, the suspension period begins on the date on which the final decision of the disciplinary procedure is rendered or, if it is waived, on the date on which the suspension is accepted or imposed. The periods of provisional suspension, taxes or voluntarily accepted, must be deducted from the total period of suspension to be met.
ARTICLE 53. - Delays not attributable to the athlete or other person. In the event of a significant delay in the disciplinary process or in other aspects of the anti-doping control not attributable to the athlete or other person, the National Disciplinary Anti-doping Tribunal may begin the suspension period at an earlier date, even at the date of the taking of the sample in question or at the time of the subsequent violation.
ARTICLE 54. - Immediate confession. In the event that the athlete immediately confesses the infringement after it has been communicated by the anti-doping organization and before the athlete competes again at any event, the suspension period may begin from the date of the sample taking or from the time of the subsequent violation. However, in this case, the athlete or the other person must, at least, perform half of the suspension period, from the date on which the offender accepted the imposition of the penalty or from the date of the decision of the procedure by which the sanction was imposed.
ARTICLE 55. - Completion of the provisional suspension not resorted to by the athlete. If a provisional suspension is imposed on the athlete and it does not resort to it, such a period of provisional suspension may be deducted from any other person who is definitively imposed on him.
ARTICLE 56. - Completion of the provisional suspension voluntarily accepted by the athlete. If an athlete voluntarily and in writing accepts a provisional suspension issued by an anti-doping organization with authority for the management of results and refuses to compete from then on, such a suspension period must be deducted from the one that is definitively imposed on him. Each party involved which is notified of the existence of an adverse analytical result or of an abnormal result, where appropriate, must immediately receive a copy of the voluntary acceptance of the provisional suspension by the athlete.
ARTICLE 57. - Periods prior to the entry into force of the provisional suspension. No fraction of the suspension period should be deducted for a period prior to the entry into force of the provisional suspension imposed or voluntary, irrespective of whether the athlete has decided not to compete or has been suspended by his team.
ARTICLE 58. - Situation of the offender during a suspension. Athletes or other persons who have been suspended cannot, during the suspension period, participate in competition or activity authorized or organized by a signatory to the World Antidoping Code, member organizations of the signatories, including national sports federations or member clubs, or in competitions organized or authorized by a professional league or an international event organization. This prohibition excludes competences or activities related to education and rehabilitation.
The offender who has been suspended for more than four (4) years may, after four (4) years of suspension, participate in local sporting events in a sport that is not in which he had committed the infringement, but only if the local sports event does not take place at a level where the athlete or the person in question are likely to qualify directly or indirectly for a national championship or an international event or accumulate points for his or her classification.
The athlete or other person charged with a period of suspension remain subject to controls.
ARTICLE 59. - Infraction of the prohibition of participation during the suspension period. In the event that the athlete or the other person to whom a suspension had been imposed violate the prohibition of participation during the suspension period described in article 58 of the present regime, the results of such participation must be nullified and the suspension period initially imposed begins to be counted again from the date of violation of the prohibition. This new period may be reduced in accordance with article 28 if the offender demonstrates that there was no negligence or significant fault in breaching the prohibition of participation. The decision on whether the athlete or the other person has violated the prohibition of participation and whether a reduction under article 28 should be taken by the anti-doping organization that has managed the results leading to the initial suspension period.
ARTICLE 60. - Withdrawal of economic aid during the suspension period. In the event of an infringement of the anti-doping standards, part or all of the financial support or other applicable benefits received by the accused by the signatories of the Global Anti-Dhoping Code and the members of the signatories, including national sports federations and the government, except for the offences provided for in article 26.
ARTICLE 61. - Controls for rehabilitation. As a condition to be able to obtain their rehabilitation at the end of a certain period of suspension, the athlete must be available during his provisional suspension or suspension period for the anti-doping organizations that have jurisdiction in this regard for the conduct of controls outside the competition, and must provide accurate and up-to-date information on their location.
ARTICLE 62. - Rehabilitation of retired athletes. If an athlete who withdraws from the sporting activity during a suspension period and is no longer part of the group of athletes subject to controls outside the competition subsequently requests their rehabilitation, it is possible after the athlete has notified the competent anti-doping organizations and has been subject to controls outside the competition during the period of the duration of the suspension remaining from the date of their withdrawal from the sport.
Chapter 2
Sanctions to equipment
ARTICLE 63. - Sanctions to the teams. If more than one (1) member of a team has been notified of an adverse analytical result within the framework of an event, the responsible agency must perform controls to the team directed during the event's holding period.
ARTICLE 64. - Consequences for team sports. If more than two (2) members of a team have committed an infringement of the anti-doping standards during the period of an event, it is up to the agency that directs the event to apply sanctions ranging from the loss of one (1) or more points obtained in a competition to the disqualification of the competition, in addition to the other consequences which, according to this regime, are individually imposed on athletes who have committed the offence.
Chapter 3
Appeals
ARTICLE 65. - Decisions subject to appeal. Decisions adopted pursuant to this regime may be resorted to in accordance with the modalities provided for in articles 67 to 73. The appeals decisions remain in force during the appeals procedure, except that the appeals body decides otherwise. Prior to the commencement of the appeal process, all possibilities for reviewing the decision under the rules of the anti-doping organization should have been exhausted, should such procedures respect the principles set out in article 69, except as provided for in article 66.
ARTICLE 66. - Right of the World Antidoping Agency not to exhaust the internal paths. In the event that the World Anti-doping Agency has the right to appeal, according to article 65 et seq. of this regime, a final decision, and no other party has appealed it within the disciplinary procedure managed by the national anti-doping organization, it may appeal that decision directly to the Arbitral Tribunal of Sport (TAD) without the need to exhaust other avenues in the anti-doping organization process.
ARTICLE 67. - Appeal for decisions relating to violations of anti-doping standards, consequences and provisional suspensions. They may be resorted to in accordance with the modalities provided for in articles 65 to 74:
(a) Decisions concerning an infringement of anti-doping standards;
(b) Those that impose consequences as a result of an infringement of such rules;
(c) Any person who establishes that no offence has been committed;
(d) Those according to which an open procedure for an offence cannot continue for procedural reasons, including its statute of limitations;
(e) Those adopted under article 59 of the present regime;
(f) Those that establish that the National Disciplinary Anti-doping Tribunal is not competent to rule on a alleged violation or its consequences;
(g) Those that are taken by a national sport federation and consist of not carrying forward the processing of an adverse analytical result or an anomalous result as a violation of anti-doping standards, or in not continuing to prosecute a violation of such rules after conducting a supplementary investigation for possible infringement of these rules and the imposition of a provisional suspension after a preliminary hearing or for violation of the principles applicable to provisional suspensions.
ARTICLE 68. - Resources relating to international athletes. In cases arising from competition within an international event or involving international athletes, the decision may be appealed only to the Arbitral Tribunal of Sport in accordance with the existing provisions of that Tribunal.
ARTICLE 69. - Resources for national athletes. In cases involving athletes at the national level and athletes who have no right to appeal under article 68, the decision may be appealed to the Anti-Doping Arbitral Tribunal under article 84 of the present regime.
The standards for this type of resources must respect the following principles:
(a) Procedure within a reasonable time;
(b) Right to be heard;
(c) The right of the person to be represented by counsel in his or her charge;
(d) Right to a reasoned and written decision within a reasonable time.
ARTICLE 70. - Persons entitled to appeal. In cases described in article 68 of the present regime, they have the right to appeal to the Arbitral Tribunal of Sport:
(a) The athlete or other person who are linked to the decision to be appealed;
(b) The contrary party to the procedure in which the decision has been made;
(c) International sport federation;
(d) The anti-doping organization of that person ' s residence;
(e) The International Olympic Committee or the International Paralympic Committee, if appropriate and when the decision affects the possibility of participating in the Olympic or Paralympic Games;
(f) The World Antidoping Agency.
ARTICLE 71. - Parties entitled to appeal to the national appeal. In the cases provided for in article 69 of the present regime, the parties entitled to appeal to the national appeal must be at least:
(a) The athlete or the other person on whom the decision is to be appealed;
(b) The opposing party involved in the case where the decision was made;
(c) The competent international sport federation;
(d) The national anti-doping organization of the person ' s residence;
(e) The World Antidoping Agency.
ARTICLE 72. - Period. Legitimation. The deadline for appeals or interventions submitted by the World Anti-Dropulation Agency is the last of the following:
(a) Twenty-one (21) days after the last time the other parties involved in the case may have appealed;
(b) Twenty-one (21) days after receipt by the World Anti-doping Agency of the full request related to the decision.
The only person authorized to resort to a provisional suspension is the athlete or the person to whom the provisional suspension is imposed.
ARTICLE 73. - Omission to issue within the prescribed time limit. If, in a particular case, the National Antidoping Disciplinary Court does not take a decision as to whether an infringement of the anti-doping standards has been committed within a period of sixty (60) days, prorrogable for another thirty (30) days, the World Anti-doping Agency may choose to appeal directly to the Arbitral Sports Court as if the anti-doping organization had provided no infringement.
ARTICLE 74. - Appeals to decisions granting or denying authorization for therapeutic use. Decisions of the National Antidoping Commission that denie authorizations of therapeutic use and are not reversed by the World Antidoping Agency may be appealed exclusively to the Arbitral Sports Court, by the international athlete, or to the Antidoping Arbitral Tribunal, when the athlete is not internationally. If the Antidoping Arbitral Tribunal revokes the decision to refuse a therapeutic authorization, that decision may be appealed to the Arbitral Tribunal of Sport by the World Antidoping Agency. The Antidoping Arbitral Tribunal should not include in its case members of the Committee on Authorizations of Therapeutic Use when considering an appeal under this article.
The decisions of the World Antidoping Agency that revoke the granting or denial of a therapeutic use authorization may be appealed exclusively by the athlete or by the National Antidoping Commission to the Arbitral Sports Court, in accordance with the rules of the latter.
If the National Anti-doping Commission fails to issue itself on a request for authorization of therapeutic use within a period of sixty (60) days, extended by another thirty (30), such omission may be regarded as a denial of the rights of appeal set forth in this article.
ARTICLE 75. - Recourse of decisions on suspension or cancellation of accreditation of a laboratory. The decisions of the World Antidoping Agency on the suspension, or annulment of the accreditation of a laboratory can only be appealed by the laboratory in question and exclusively to the Arbitral Sports Court.
ARTICLE 76. - Mutual recognition. Without prejudice to the right of appeal provided for in articles 65 to 74 of the present regime, the controls, the authorizations of therapeutic use, the decisions of disciplinary procedures and any other final decision issued by an anti-doping organization or a tribunal of a signatory must be recognized and respected by the anti-doping organizations of the Argentine Republic to the extent that they are in accordance with the provisions of the Global Anti-doping Code and fall within the scope of that organization.
The anti-doping organizations of the Argentine Republic must accept the measures taken by other agencies that have not accepted the Global Anti-doping Code if the rules of those other bodies are consistent with that code.
Chapter 4
Limitation time and interpretation rules
ARTICLE 77. - Prescription time. Disciplinary action against an athlete or against another person for an infringement of an anti-doping rule prescribes the eight (8) years of the offence.
ARTICLE 78. - Rules of interpretation. The footnotes accompanying several articles of the Global Antidoping Code should be used to interpret the provisions of this regime which are similar to those of the Code.
The Global Antidoping Code, in its official version, must be updated by the World Antidoping Agency and published in its English and French versions. In the event of a conflict of interpretation between the English and French versions of the Code, the English version prevails.
The Global Antidoping Code should be interpreted as an independent and autonomous document and not with reference to existing laws or statutes in the countries of signatories or Governments.
The titles used in the various parts of the Global Anti-Dropulation Code and the present regime are intended only to facilitate their reading and should not be regarded as a substantial part of the Code or of the present regime, nor may they affect the text of the provision to which they relate.
This regime does not apply retroactively to the cases in process at the date of entry into force. However, breaches of the anti-doping standards established prior to the entry into force of the regime should be taken into account as a first or second offence in order to determine the penalties provided for in articles 23 to 61 for offences committed after the said entry into force.
In the event of a conflict between the Global Antidoping Code and international standards, the Global Antidoping Code prevails.
PART IV
Functions and responsibilities of anti-doping organizations
Chapter 1
National Antidoping Organization
ARTICLE 79. - National Antidoping Commission. The National Antidoping Commission, which will operate within the Ministry of Social Development ' s Ministry of Sport.
ARTICLE 80. - Composition. The National Anti-Dropod Commission is composed of the Secretary of Sport of the Ministry of Social Development or a representative appointed by the Secretariat, who will preside the Commission; a representative of the area with competence in sports medicine, of the said Secretariat, and seven (7) more members, appointed by the latter on the proposal of the Ministry of Health, of the Secretariat of Programming for the Prevention of Drugs and the Fight against the Narco-Trafficking Committee of the Argentine Presidency
The members of the National Anti-Doping Commission must perform their functions ad honorem.
The Commission at its first meeting should establish its rules of procedure.
ARTICLE 81. - Objectives. The objectives of the National Antidoping Commission are:
(a) Dictate anti-doping, sample-taking and results management standards at the national level;
(b) To assist anti-doping organizations in carrying out the respective controls;
(c) To carry the National Register of Sports Sanctions imposed by the non-compliance of this regime;
(d) Encouraging anti-doping organizations to instruct disciplinary summaries that should be necessary for doping;
(e) Determine the lists of competencies in which anti-doping controls should be conducted;
(f) Promote antidoping research and the implementation of educational programmes, outreach campaigns on the dangers of doping for health
of athletes and for the ethical and moral values of sport;
(g) Disseminate the list of prohibited substances and methods;
(h) To publish the list of substances and methods prohibited under article 18, third paragraph, of the present regime;
(i) Preventing the dissemination or public communication of anomalous results and adverse analytical results that come to their knowledge, preserving the right to the intimacy of the athlete;
(j) To understand the cooperation relations between the Argentine Republic and the World Anti-Dropod Agency and the main organizations responsible for the fight against doping in sport.
(k) To report, every DOS (2) years, to the World Antidoping Agency, on compliance with the Global Antidoping Code and to explain, where appropriate, the reasons that had prevented its compliance.
(l) Collaborate in the implementation of reciprocal checks with other organizations responsible for the fight against sports.
Chapter 2
Sports institutions
ARTICLE 82. - Responsibility of sports institutions in anti-doping control. The sports institutions provided for in article 16 of the law 20,655 and its modifications and the legal persons whose functions are to carry out anti-doping controls are considered anti-doping organizations within the Argentine Republic, and in this capacity are responsible for the following actions, without prejudice to the objectives set out in their respective statutes:
(a) Accepting these anti-doping standards and incorporating them directly or by reference in their statutes and regulations as part of sporting standards;
(b) Conduct the management of the results of national sports skills;
(c) To execute the sanctions provided for in the present regime;
(d) Prevent the dissemination or public communication of abnormal results and adverse analytical results, preserving the right to the intimacy of the athlete;
(e) To disseminate among the different elements of each entity, the basic preventive content on doping in sport.
ARTICLE 83. - Sanctions to sports institutions. Failure to comply with the provisions of this regime by the sports institutions referred to in article 82 will result in the following sanctions, depending on the seriousness and circumstances of the case:
(a) Perception;
(b) Suspension from three (3) months to two (2) years, and from two (2) to four (4) years in case of recidivism, in the National Register of Sports Institutions provided for in Law 20.655, as well as in respect of any economic support from the Ministry of Social Development Ministry of Sport.
The penalties provided for in this paragraph shall remain in force until the respective sports institution regulates, at the discretion of the Ministry of Development ' s Ministry of Sport, the causes of the sanctions applied.
The sanctions will be implemented by the Ministry of Social Development Ministry of Sport.
Decisions adopted pursuant to this article may be appealed under the National Administrative Procedures Act 19,549 and its regulation, approved by Decree 1759/72 (t. 1991) and its amendments.
Chapter 3
Arbitral Tribunal Antidopaje
ARTICLE 84. - Arbitral Antidoping Court. The Ministry of Social Development ' s Ministry of Sport will promote the organization of a court to be called the Antidoping Arbitral Tribunal, which will act as a legal arbitrator, to be heard in the appeals instance provided for in article 69 of the present regime and shall issue its own rules of procedure:
The time limit for appeal is twenty-one (21) days, counted from the following to the notification of the respective decision of the National Disciplinary Antidoping Tribunal. The appeal must be filed by the Court.
The rules of procedure of the Arbitral Antidoping Tribunal should be approved by a decision of the Ministry of Social Development Ministry of Sports.
ARTICLE 85. - Scope and effects of the award. The appeal instance provided for in article 69 of the present regime is intended to determine whether the decision issued by the National Anti-doping Disciplinary Court is in accordance with law, or whether within the terms determined by this regime there is a different proceeding or the dismissal of the proceedings. The resolution may imply the confirmation of the sanction, its modification, its reduction or its revocation, within the sanctioning terms set forth in this regime.
The award issued by the Antidoping Arbitral Tribunal is binding and final and produces effects identical to the judged thing. It can be executed by means prescribed in the Code of Civil and Commercial Procedure of the Nation.
ARTICLE 86. - Resources against the award. Against the award issued by the Arbitral Antidoping Court, only appeals of clarification and nullity, based on an essential lack of the procedure, may be lodged in the absence of the arbitrators outside the time limit or on unencumbered points. In the latter case, nullity is partial if the pronunciation is divisible.
ARTICLE 87. - Competent courts. In cases of non-compliance with the arbitral award, the Federal Administrative Court is competent. The National Appeals Chamber in the Federal Administrative Dispute understands in the appeal of nullity or clarification against the award.
PART V
Doping control
Chapter 1
Functions and responsibilities for controls
ARTICLE 88. - Facilitation of the task of the World Anti-Drug Agency and other organizations. To enable the conduct of clinical tests to athletes and that samples can be transported to laboratories in time to be analysed, it is up to the competent bodies of the National Executive Branch, where appropriate and in accordance with the relevant legislation and procedures:
(a) Facilitate the task of the World Anti-Dhoping Agency and other organizations acting in accordance with the Global Anti-Dhoping Code in the execution of controls to their athletes, during or outside competitions, in the national territory;
(b) Facilitate the timely transfer of appropriately authorized doping control teams when undertaking work in this area;
(c) Cooperate to expedite the timely shipment or cross-border transport of samples so that their safety and integrity can be guaranteed;
(d) Assist in the international coordination of doping controls carried out by the various anti-doping organizations and cooperate to this end with the World Anti-doping Agency.
ARTICLE 89. - Control authority. Athletes under the jurisdiction of a national sport federation must be subject to competition controls by their national sport federation, the international sport federation, the national Olympic Committee and any antidoping organization responsible for the controls in a competition or event in which they participate. The athletes under the jurisdiction of a national sport federation, including those who are serving a period of suspension or provisional suspension, must also be subject to controls outside of competition at all times or place, with or without prior notification, by the World Anti-doping Agency, the national sports federation of the athlete, the international sports federation, the Argentine Olympic Committee, the National Anti-doping Commission, the national anti-doping organization of any Objective controls must be a priority.
The National Antidoping Commission is responsible for developing a control distribution plan in accordance with the international standard for controls approved by the World Antidoping Agency and the implementation of that plan, including the supervision of all controls carried out by the National Antidoping Commission. The controls can be carried out by members of the National Anti-Dropod Commission, the Ministry of Social Development Sports Secretariat or other qualified persons authorized by the National Anti-Dropod Commission.
The controls carried out by the National Anti-doping Commission and national sport federations must be substantially in accordance with the international standard for current controls at the time of the controls.
Blood controls or other controls other than urine controls can be used to detect prohibited substances or methods, for research processes or to perform the longitudinal hematological profile, also called a biological passport. If the sample has been taken only for research, it has no consequences for the athlete. The National Antidoping Commission may decide at its discretion which blood parameters should be measured in the research sample and which levels of those parameters should be used to indicate that the athlete should be selected for urine control. However, if the sample has been taken to perform the longitudinal hematological profile mentioned, it can be used for antidoping purposes.
In international events, taking antidoping samples should be initiated and directed by the international organization that governs the event. If the international organization determines not to carry out any effective control during the event, the National Anti-doping Commission may, in coordination with the approval of the international organization or the World Anti-doping Agency, initiate and conduct such controls. At national events, the taking of samples should be initiated and directed by the National Anti-Dhoping Commission or national sport federations, in accordance with article 96 of the present regime.
ARTICLE 90. - The athlete's whereabouts requirements. The National Antidoping Commission should identify a registered control group, which must meet the requirements of the international standard for controls, and publish the criteria for athletes to be included in that group, as well as a list of athletes who meet those criteria for the period in question. The commission must, where necessary, review and update the inclusion criteria in the registered control group and review the membership of the same periodically, as appropriate according to the set of criteria. Each athlete in the group must inform the commission of their whereabouts quarterly, as set out in the international standard for controls, and update the information when necessary according to this standard, so that it remains accurate and complete at all times and is available for controls according to the whereabouts information.
Each national sport federation must report to the National Anti-doping Commission the records, names and addresses of athletes whose performances match the criteria to be part of the registered group for controls that have been established by that commission.
The omission on the part of an athlete to notify the World Antidoping Agency about its whereabouts is regarded as an omission of information in the terms of this regime if the conditions of the relevant part of the international standard for controls are met.
The omission on the part of an athlete to be available for controls as reported in his whereabouts registry, is considered as a failed control in the terms of this regime if the conditions of the relevant part of the international standard for controls are met.
National sport federations should collaborate with the National Anti-Dropod Commission in establishing the registered group for high-level national athlete controls to those who are also applicable to the requirements of the international standard for controls.
The information on the whereabouts provided in accordance with this article should be shared with the World Antidoping Agency and other antidoping organizations that have jurisdiction to control athletes according to the international standard for controls, including the strict condition that such information is used for doping control purposes.
The athlete who has been identified by the National Antidoping Commission for inclusion in the registered control group continues to be subject to these rules, including the obligation to comply with the requirements of the international standard for controls, at least until the athlete has notified in writing the commission that has been withdrawn or until it no longer meets the criteria for their inclusion in that group and has been informed of this by the Commission.
The athlete who has notified his retirement to the National Antidoping Commission cannot resume the competition unless he notifies the commission at least twelve (12) months prior to the expected time to return to the competition and be available for non-competitive controls without notice, including, if requested, meeting the requirements of the international standard for controls, at any time during the period prior to the return to the competition.
Controls under these anti-doping rules can only be performed to minors if a person with legal responsibility for the minor has given his or her prior consent, which is a necessary condition for the participation of the minor in the sport.
National sport federations and event organizing committees for them should facilitate access to independent observers in accordance with the National Antidoping Commission.
Chapter 2
Financing of controls
ARTICLE 91. - Financing the controls. In professional competitions the financing of the controls is carried out by the national sports federation or the corresponding professional league. In the remaining competitions, an agreement should be concluded between the respective anti-doping organization and the Ministry of Social Development ' s Sports Secretariat, which determines the conditions for the implementation and financing of the controls. In such agreements, or in default of agreement, the financing of the controls ordered by the National Anti-Dropulation Commission must be carried out within the limits set forth in articles 1 and 2 of the law 11.672 Permanent Supplementary to Budget (t. 2005).
ARTICLE 92. - Expenditures by the National State. The expenditure that extends the provisions of this regime to the National State shall be covered by the budget of the Ministry of Social Development Ministry of Sport or the agency that replaces it.
If the specific impact resources of the Ministry of Social Development ' s Ministry of Sports Secretariat increased above the current budget estimate, the Chief of Staff of Ministers is empowered to extend the budget to the amounts actually collected.
Chapter 3
Therapeutic Use
ARTICLE 93. - Authorization of therapeutic use. Athletes with a documented medical condition that requires the use of a prohibited substance or a prohibited method must obtain authorization for therapeutic use (AUT). The presence of a prohibited substance or its metabolites or its markers, the use or attempt to use, possession or administration or attempt to administer a prohibited substance or method, in accordance with the provisions applicable to an AUT issued in accordance with the international standard for authorization of therapeutic use, is not considered as an infringement of antidoping standards.
Athletes included in a registered group for controls and other athletes participating in national events must obtain an AUT granted or recognized by the National Antidoping Commission. The request for an AUT must be made as soon as possible; in the case of an athlete included in the group registered for controls, this is when the athlete is notified of their inclusion in the group; in other cases, except in emergency situations, with no more than thirty (30) days prior to the participation of the athlete in the event.
The authorizations for therapeutic use granted by the National Anti-Dropod Commission must be informed of the national sports federation of the athlete and the World Anti-Dropping Agency. Other athletes subject to controls that require the use of a substance or method prohibited for therapeutic reasons must obtain an AUT of that commission or other body designated by its national sport federation, as required under the rules of that commission. National sport federations must immediately inform any AUT to the aforementioned commission and the World Anti-Dropod Agency.
The National Antidoping Commission should appoint a panel of doctors to evaluate requests for therapeutic authorizations, called the AUT Panel. After the receipt by that of an AUT request, the president of the AUT Panel must appoint one (1) or two (2) members of that panel, one of which can be the president, to consider such requests. The members of the designated AUT Panel must immediately evaluate the requests according to the international standard for authorization of therapeutic use and propose a decision on the applications, which should be elevated to the final resolution of the National Anti-Dropping Commission.
The World Antidoping Agency, at the request of the athlete or on its own initiative, may review the granting or refusal of an AUT by the National Antidoping Commission.
If the World Antidoping Agency determines that the granting or refusal of the AUT does not comply with the international standard for authorization of therapeutic use that is in force, it may revoke such a decision.
Chapter 4
Sample analysis and results management
ARTICLE 94. - Sample analysis. Doping control samples taken in accordance with this regime should be analyzed according to the following principles:
(a) The National Anti-doping Commission and national sports federations should send samples for analysis only to laboratories accredited by or approved by the World Anti-doping Agency. The decision about the laboratory to which the samples are sent for analysis should be determined exclusively by the National Anti-Dropod Commission or the national sport federations;
(b) Samples should be analyzed to detect prohibited substances and methods identified in the prohibited list and other substances that may be indicated by the World Antidoping Agency according to the follow-up program described in Article 4.5 of the Global Antidoping Code, or to help the National Antidoping Commission profile the relevant parameters of urine, blood or other matrix, including DNA or a genomic profile of the athlete, for purposes of antidoping.
(c) Samples cannot be used for a purpose other than that described in subparagraph (d) of this article without the written consent of the athlete and, in that case, any type of identification should be removed, so that a particular athlete may not be traced later;
(d) Labs should analyze antidoping samples and report the results in accordance with the international laboratory standard;
(e) Samples may be analysed for the purposes described in subparagraph (b) of this article at any time and exclusively by the indication of the National Anti-Dhoping Commission or the World Anti-Dhoping Agency. The circumstances and conditions for this second analysis must meet the requirements of the international standard for laboratories.
ARTICLE 95. - Results management. The management of the results of the controls initiated by the National Anti-doping Commission, the controls initiated by the World Anti-doping Agency pursuant to an agreement with that and the controls initiated by the national sport federations must be carried out according to the provisions of the Model of Best Practices for National Anti-doping Organizations sanctioned by the World Anti-doping Agency, which should be published by resolution of the National Anti-doping Commission.
ARTICLE 96. - Results management in national sports skills. The management of the results of national sports competencies is carried out by national sports federations. The National Antidoping Commission should help ensure that the standards for managing the results of such federations are consistent with the Global Antidoping Code.
ARTICLE 97. - Results management of an offence involving an athlete from another jurisdiction. The management of results and the holding of the preliminary hearing of an infringement of antidoping rules arising from a control initiated by the National Antidoping Commission or a national sport federation, or which was discovered by any such entity, which involves an athlete who is not a national, resident, holder of a license or member of a national sport federation, must be administered according to the indications of the international federation.
ARTICLE 98. - Temporary suspension and withdrawal of sport. The provisional suspension of the athlete or other person and the rules on jurisdiction in the event of a withdrawal of the sport must be in accordance with the provisions of the Model of Best Practices for National Antidoping Organizations sanctioned by the World Antidoping Agency.
ARTICLE 99. - Notification of the Views. When the National Antidoping Commission or the national sport federation that is in charge of the management of results dictate that an offence has been committed to the antidoping standards, they must notify the person in writing, their national antidoping organization, their international sport federation, their national sport federation, if any, and the World Antidoping Agency. The opinion is not appealable.
ARTICLE 100. - Notification to the National Disciplinary Antidoping Tribunal. When the National Anti-doping Commission or the national sport federation that is in charge of the management of results dictate that an offence has been committed against the anti-doping standards, they must notify the National Anti-doping Disciplinary Court, so that the procedure is taken and the applicable measures are taken, and provide the latter with the documentation for the opinion.
The accused person is authorized to have a copy of the documentation relating to the opinion on an infringement of the anti-doping standards and the National Anti-doping Commission or the national sport federation must provide it to the person or his representative, upon request.
Chapter 5
Disciplinary procedure
ARTICLE 101. - National Disciplinary Antidoping Court. The National Disciplinary Anti-doping Tribunal should be constituted as an independent body, as a public, private or mixed legal person, or within the scope of any such person, and be composed of seven (7) members in a position to evaluate cases of doping in a fair, impartial and independent manner.
Members must be appointed by the Ministry of Social Development ' s Sports Secretariat or by the agency that replaces it, which must regulate its integration, functioning, powers, obligations and rules of procedure. Each member of the Tribunal must be appointed for a term of three (3) years, with the possibility of re-election.
If a member resigns, dies or becomes incapacitated, a person who meets the required conditions must be appointed to fill the vacancy, who will remain in office for the time remaining for the previous member.
ARTICLE 102. - Jurisdiction. The National Disciplinary Anti-doping Tribunal has the mission of understanding in all matters arising in relation to a case of doping under this regime. The National Disciplinary Anti-doping Tribunal must decide on the imposition of infractions in accordance with this regime and has the powers necessary for the exercise of its functions.
ARTICLE 103. - Opening of the procedure. If the results management process described in articles 94 and 95 of the present regime arises the commission of a violation, the National Anti-Dropulation Commission or the national sport federation that is in charge of the management of results must give intervention to the National Anti-Dropod Disciplinary Court to be issued on the existence of such infringement and, in such case, determine the corresponding consequences.
ARTICLE 104. - Recognition of the violation. An athlete or another person may resign from a procedure, stating such a circumstance in writing, acknowledging the infringement of anti-doping standards as reported by the National Anti-doping Commission or the national sport federation that is in charge of results management and accepting the automatic disqualification of individual results and the relevant sanction.
ARTICLE 105. - Procedures. The National Anti-doping Commission or the national sports federation responsible for the management of results must submit a report on the case of infringement of the respective anti-doping standards and provide all evidence relating to this case.
Such a report must be transferred to the accused person, who can answer it and offer the evidence to his or her right.
The lack of response to the transfer of the report, due to the deadline given, is considered as the abandonment of the right to a procedure. The exercise of this right may be restored on the basis of reasonable facts.
The parties have the right to act as a proxy and an interpreter at their expense in both cases.
Testimony, confessional and any other means of evidence which, at the discretion of the court, is admissible.
The omission of the accused to comply with any court request or instruction does not stop the proceedings and may be taken into consideration by the court at the time of its decision.
ARTICLE 106. - Designation of experts and views. The National Disciplinary Antidoping Court has the power to appoint an expert to assist or advise when it deems necessary.
The international sport federation or the corresponding national sport federation, if not a party to the proceedings, the National Antidoping Commission, if not a party to the proceedings, and the World Antidoping Agency, have the right to take into account the procedures of the National Antidoping Disciplinary Tribunal and to attend the hearings of such procedures as observers.
ARTICLE 107. - Court decisions. The deliberations of the court should be reserved.
The decision of the court must be in writing and signed by the members involved.
If the penalty period is eliminated by absence of fault or negligence or reduced by lack of significant fault or negligence, the decision must contain the basis for elimination or reduction.
The court ' s decision should be communicated to the parties, to the World Antidoping Agency, to the international sport federation, to the National Antidoping Commission and to the national sport federation.
The decisions of the National Disciplinary Antidoping Court may be appealed under article 69 of the present regime.
Chapter 6
Information on antidoping controls
ARTICLE 108. - Compulsory information on antidoping controls. The National Antidoping Commission must immediately report any authorization for therapeutic use granted to an athlete, except those who are part of the registered group for controls of the athlete, the corresponding international sport federation, the national sports federation of the athlete and the World Antidoping Agency.
The National Antidoping Commission should send to the World Antidoping Agency updated information on the athlete's whereabouts. This agency must make this information available to other anti-doping organizations that have the authority to control athletes.
The National Anti-Dropod Commission should report on all competition and out-of-competitive controls as soon as possible after such controls have been carried out.
This information must be kept in strict confidentiality at all times, used exclusively for the purpose of planning, coordinating or controlling and being destroyed when it is no longer relevant to these purposes. If a national sport federation has received an adverse analytical result from one of its athletes, the National Anti-Dropod Commission must report to its international sport federation, and to the World Anti-Dhoping Agency when it culminates in the initial review process on adverse analytical results, the name of the athlete, the country, sport and discipline, if the control has been in competition or outside competition and the analytical result reported by the laboratory. The same parties should be regularly updated on the status and results, including results management, hearings and appeals.
If an athlete requests the analysis of the B sample, the National Antidoping Commission must report the result of this analysis to the international sports federation and the World Antidoping Agency.
If the suspension period is eliminated because it has claimed no significant fault or negligence, the National Anti-Dropod Commission must provide a copy to the international sport federation and the World Anti-Drop Agency of the foundations of such a decision.
The National Antidoping Commission must publish annually a general statistical report of its control activities during the calendar year and provide a copy to the World Antidoping Agency.
ARTICLE 109. - Public disclosure of antidoping control information. The National Anti-doping Commission, the national anti-doping organization of the athlete and any national sport federation, the National Anti-doping Disciplinary Court or any other person should not publicly disclose or report the identity of the athletes whose samples have shown an adverse analytical result or the identity of the persons of whom it is presumed to have committed an infringement of the anti-doping standards until the administrative and initial review process has been completed. Within twenty (20) days after a disciplinary procedure has been established that an infringement of anti-doping standards has been committed or that such a procedure has been discontinued, the National Anti-doping Commission must publicly report the decision on the case. This provision should include the name of the person involved and the reasons underlying the decision.
PART VI
Offences related to doping in sport
ARTICLE 110. - Facilitation and incitement of doping. It will be repressed with imprisonment of one (1) month to three (3) years, if it is not a more severe crime, which, integrating the support staff to the athletes, by any means:
(a) Falsify or attempt to forge a part of the doping control procedure;
(b) Trafficking or attempting to traffic in a prohibited substance or prohibited method;
(c) Manage or attempt to administer to an athlete a prohibited substance or prohibited method, during the competition or in the controls carried out outside it, or assist, incite, contribute, instigare, conceal or participate in the execution of a violation of the rules of the present regime, or of its attempt, or provide the author or authors with a help or cooperation without which the latter could not have been committed.
If the substances for which the offence under this article is committed are narcotics, the penalty shall be four (4) to fifteen (15) years.
ARTICLE 111. - Animal doping. It shall be repressed with imprisonment of three (3) months to three (3) years, if it is not a more severe offence, which shall supply by any means prohibited substances an animal participating in competence.
If the substance supplied was drug, the penalty would be three (3) to five (5) years ' imprisonment.
The same penalty shall be applied to those who give their consent to use or supply these substances to animals for competition.
ARTICLE 112. - Approve the definitions of appendix I to the Global Antidoping Code that, as Annex I, form an integral part of this law.
ARTICLE 113. - Default of laws 24,819, 25,387, 25,942 and any rule contrary to this law.
ARTICLE 114. - Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TRECE DAYS OF THE MONTH YEAR DOS MIL TRECE.
— REGISTRATE BAJO #26,912 —
BEATRIZ ROJKES DE ALPEROVICH. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Gervasio Bozzano.
Annex I
DEFINITIONS OF APPENDIX 1 OF THE WORLD CODIGO
Definitions should be understood within the context of the Global Anti-Dropod Code. In the event of a conflict between definitions, the international convention against the DOPAJE in the DEPORTE, adopted by law, should prevail.
1. Event: series of individual competitions that develop under a single responsible organism (e.g., the Olympic Games, the World Championships of the International Swimming Federation and the Pan American Sports Games).
2. International event: An event in which the International Olympic Committee, the International Paralympic Committee, an international sport federation, the organizers of major events or other international sports organization acts as an organization responsible for the event or name the technical officials of the event.
3. National event: A non-international sports event involving athletes, both at the international and national levels.
4. ADAMS: The anti-doping management and administration system is a tool for database management located on an internet site to introduce information, store, share and produce reports in order to assist stakeholders and the Global Anti-doping Agency in their anti-doping activities along with data protection legislation.
5. AMA: The World Antidoping Agency.
6. Preliminary Audience: For the purpose of imposing an interim suspension, summary and advance disciplinary process before the opening of the final disciplinary process, which informs the athlete and guarantees the opportunity to be heard in writing or with a loud voice.
7. Absence of guilt or significant negligence: It is the demonstration by the athlete that, in view of all circumstances, and taking into account the criteria of the absence of guilt or negligence, their guilt or negligence has not been significant with respect to the offence committed.
8. Absence of guilt or negligence: It is the demonstration, on the part of an athlete, that he ignored, suspected or could not have known or presumed reasonably, even by applying the utmost diligence, that he had used or had been given a prohibited substance or method.
9. Substantial assistance: For the purposes of article 29 of the Legal Regime for the Prevention and Control of the Law. Doping in Sport is considered substantial help if a person:
(a) Completely discloses, through a written and signed statement, all information it possesses concerning infringements of anti-doping standards, and
(b) cooperates fully in the investigation and decisions taken on any case relating to such information, including providing testimony during a hearing if required by the National Disciplinary Antidoping Tribunal; the information provided should be credible and an important part of the open disciplinary process or, if not initiated, it should have provided the sufficient basis on which a disciplinary process could have been handled.
10. Code: The Global Antidoping Code.
11. National Olympic Committee: The organization recognized by the International Olympic Committee. The term National Olympic Committee also includes the National Sports Confederation in those countries where the National Sports Confederation assumes the typical responsibilities of the National Olympic Committee in the area of antidoping.
12. Competition: A unique test, a match, a game or a specific sports contest. In the case of organized tests and other competitions in which the awards are granted day by day and as they are carried out, the distinction between competition and event is provided in the regulations of the international sport federation involved.
13. Consequences of violations of anti-doping standards:
(a) Description: it means the invalidation of the results of an athlete, in a specific competition or event, with the consequent withdrawal of the medals, points and prizes;
(b) Suspension: means that the athlete or another person is prohibited from competing, performing any activity or obtaining funding in accordance with articles 52 to 57 of the Legal Regime for the Prevention and Control of Doping in Sport for a specified period of time; and
(c) Provisional suspension: means that the athlete or any other person is temporarily prohibited from participating in any competition until the final decision is made in the respective disciplinary process.
14. Doping Control: The steps and processes from control planning to the last disposition of an appeal, including the steps of intermediate processes, such as providing information on locating, taking and manipulating samples, laboratory analysis, authorizations for therapeutic use, managing results and the disciplinary process.
15. Surprise control: An anti-doping control that occurs without notice to the athlete and in which it is continuously accompanied from the time of notification until it facilitates the sample.
16. Control: Part of the global doping control process that includes analysis planning, sample taking, sample handling and shipment to the laboratory.
17. Targeted controls: Selection of athletes for the execution of controls, according to which athletes or groups of athletes are selected on a non-admissible basis to perform the controls at a specific time.
18. UNESCO Convention: INTERNATIONAL CONVENTION AGAINST DOPAJE AT THE DEPORTE adopted at the 33rd Meeting of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 19 October 2005, which includes amendments adopted by the signatory States Parties to the Convention and by the Conference of the signatory Parties to the International Convention AGAINST DOPAJE IN THE DEPORT.
19. Team sport: Sport that authorizes the replacement of players during a competition.
20. Individual sport: Any sport that is not of equipment.
21. International athlete: Athlet appointed by one or more international federations as a member of an objective group under control.
22. Athlette: Person who participates in an international sport in the sense that each of the international or national federations understands this term, in the sense that this term understands a national antidoping organization, including among other persons belonging to a group of athletes subject to controls, as well as any other competitor in the sport that is subject to the jurisdiction of any signatory of the World Antidoping Code or other organization that accepts the Code. All provisions of the Code, such as those of Controls, and authorizations for therapeutic use should apply to international competitors, and those included in the Legal Regime for the Prevention and Control of Doping in Sport should apply to national competitors. National anti-doping organizations may choose to perform controls and apply anti-doping standards at recreational levels or veteran competitors who do not review current or potentially among national competitors. However, national anti-doping organizations are not required to apply all aspects of the Code to such persons. Specific national standards for anti-doping control of competitors other than international or national level may be issued without conflict with the Code. Thus, a country may decide to control competitors of recreational categories but not require them to apply for therapeutic use authorizations, or information about their location.
Similarly, a major event organizer holding an event only for veteran competitors may decide to perform controls to competitors but do not require the request for therapeutic use authorizations or information about the location of athletes. For the purposes of article 15 of the Legal Regime for the Prevention and Control of Doping in Sport and for the purposes of information and education, a person is a athlete who participates in a sport and who depends on a signatory to the World Antidoping Code, a government or another sports organization that complies with the provisions of the Code.
23. Public disclosure or public communication: Reveal or disseminate information to the general public or to other persons other than the athlete, the National Antidoping Commission, the national sport federation, the international sports federation and the World Antidoping Agency.
24. Duration of the event: Time elapsed between the beginning and the end of an event, as established by the agency responsible for that event.
25. In competition: Unless otherwise provided in the rules of the international sport federation or the anti-doping agency in question, the period begins DOCE (12) hours before a competition is held in which the athlete intends to participate until the end and the process of taking samples related to it.
26. Falsification: Altering for illegitimate purposes or in an illegitimate way or, exerting an inadequate influence on a result, illegitimately interfering, obstructing, misleading or participating in any fraudulent act to alter the results or to prevent the occurrence of normal procedures or providing fraudulent information to an antidoping organization.
27. Out of competition: Anti-doping control not performed in competition.
28. Group of athletes subject to controls: Group of high-level athletes identified by each international sport federation or national anti-doping organization and subject to competition and non-competitive controls in the framework of the planning of controls of the international sport federation or the organization concerned. Each international sport federation should publish a list in which athletes included in its group of athletes subject to control should be recorded, either indicating their name or establishing specific and clearly defined criteria.
29. Attempt: Voluntary conduct that constitutes a substantial step in the course of a planned action aimed at the commission of an infringement of anti-doping standards. However, if the person renounces this attempt before being discovered by someone not involved in the attempt, there is no infringement of antidoping rules based solely on this attempt to commit the offence.
30. List of prohibited substances and methods: The list of the World Antidoping Agency that identifies prohibited substances and methods.
31. Marker: A compound, a group of biological compounds or parameters that indicate the use of a prohibited substance or a prohibited method.
32. Minor: Physical person who has not attained the age of majority under the applicable laws of his country of residence.
33. Metabolite: Any substance produced by a metabolism process.
34. Prohibited method: Any method described as such in the list of prohibited substances and methods.
35. Sample: Any biological material collected for antidoping control purposes.
36. International Standard: Standard adopted by the World Anti-Dropod Agency in support of the Global Anti-Dropod Code. Respect for the international norm, in contrast to another norm, practice or alternative procedure, is sufficient to determine that the procedures provided for in the international standard have been properly implemented. International standards include any technical paper published in accordance with that international standard.
37. Anti-doping Organization: Signatory to the Global Anti-doping Code responsible for adopting rules to initiate, implement or force compliance with any part of the anti-doping process. This includes the International Olympic Committee, the International Paralympic Committee, other organizations responsible for major sporting events that carry out controls on events of which they are responsible, the World Anti-doping Agency to international federations and national anti-doping organizations.
38. National anti-doping organization: Entity or entities designated for each country as the principal authority responsible for the adoption and implementation of anti-doping, sample-taking, results-management and hearings at the national level. This includes those who may be appointed by several countries to act as a regional anti-doping organization for them. If the competent public authority has not made such a designation, this entity is the National Olympic Committee of the country or its representative.
39. Organizations responsible for major sporting events: National Olympic Committee Continental Associations and other international multi-sport organizations operating as the governing body of a continental, regional or international competition.
40. Participant: Any athlete or athlete support staff.
41. Person: A physical person or organization or other entity.
42. Athletes support staff: Trainers, physical trainers, sports directors, agents, team staff, staff, medical or paramedical personnel, parents or anyone who works with athletes or treats or assists athletes who participate in or prepare for sports competitions.
43. Possession: Physical or de facto possession, which is determined only if the person exercises exclusive control of the prohibited substance or method or of the place in which any of these is found. However, if the person does not exercise such exclusive control possession in fact is only configured if the person is aware of the presence of the prohibited substance or method and intends to exercise control over any of these. There can be no infringement of the anti-doping rules on the basis of mere possession if, before receiving any notification informing him of a violation, the person has taken concrete measures to demonstrate that he no longer has the will to possess and has renounced it by explicitly stating it to an anti-doping organization. Without prejudice to any other claim to the contrary provided for in this definition, the purchase, even by electronic or other means, of a prohibited substance or method, constitutes possession by the person making it.
44. Independent observers programme: A team of observers, under the supervision of the World Anti-Dhoping Agency, who observe and can provide guidance on the anti-doping process at certain events and communicate their observations.
45. Anomaly result: Report issued by a laboratory or other entity accredited by the World Anti-Dropod Agency that requires more detailed research under the International Laboratory Standard or related technical documents before deciding on the existence of an adverse analytical result.
46. Adverse analytical result: A report by a laboratory or other entity recognized by the World Anti-Dropulation Agency that, in accordance with the International Standard for Laboratory and Technical Documents, identifies in a sample the presence of a prohibited substance or its metabolites or markers including large quantities of endogenous substances, or tests of the use of a prohibited method.
47. Signatories: Signatory entities of the Code that agree to comply with the provisions of the Code, including the International Olympic Committee, international federations, the International Paralympic Committee, the National Olympic Committees, the National Paralympic Committees, the organizations responsible for major sporting events, national anti-doping organizations and the World Anti-doping Agency.
48. Substance prohibited: Substance described as such in the list of prohibited substances and methods.
49. Traffic: The sale, delivery, transport, shipment, distribution or distribution of a prohibited substance or prohibited method, either physically or by electronic or other means, by an athlete, the athlete's support staff or any other person subject to the jurisdiction of an antidoping organization to any third party; this definition does not include the actions of good faith carried out by medical personnel in relation to a substance used for genuine and non-legal therapeutic purposes.
50. Use: Use, application, ingestion, injection or consumption by any means of a prohibited substance or a prohibited method.