The FINA Extraordinary Congress in Manchester, England on 8 April 2008, decided to accept the 2007 Code Amendments to the World Anti-Doping Code (the “Code”). These Anti-Doping Rules are adopted and implemented in conformance with FINA’s responsibilities under the Code, and are in furtherance of FINA’s continuing efforts to eradicate doping in the aquatic sports. As provided in the 2007 Code Amendments, these amendments to the FINA Anti-Doping Rules shall become effective on January 1, 2009.
Anti-doping rules, like Competition rules, are sport rules governing the conditions under which sport is played. Competitors or other Persons accept these rules as a condition of participation and shall be bound to these rules. These sport specific rules and procedures aimed at enforcing anti-doping rules in a global and harmonized way are distinct in nature and are, therefore, not intended to be subject to or limited by any national requirements and legal standards applicable to criminal proceedings or employment matters. When reviewing the facts and the law of a case all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of the anti-doping rules in the Code and the fact that the latter represents the consensus of a broad spectrum of stakeholders around the world with an interest in fair sport.