DC 5 TESTING
Testing by FINA and its Member Federations shall substantially comply with the International Standard for Testing as more particularly provided below.
DC 5.1 Submission to Doping Control
All Competitors shall submit in accordance with these Anti-Doping Rules or other applicable regulations to In-Competition and Out-of-Competition Doping Controls carried out in accordance with these Anti-Doping Rules or other applicable regulations.
DC 5.2 Responsibility for Doping Control
DC 5.2.1 All Competitors affiliated with a Member Federation shall be subject to In-Competition Testing by FINA, the Competitor’s Member Federation, and any other Anti-Doping Organization responsible for Testing at a Competition or Event in which they participate. All Competitors affiliated with a Member Federation including Competitors serving a period of Ineligibility or a Provisional Suspension shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by FINA, WADA, the Competitor’s Member Federation, the National Anti-Doping Organization of any country where the Competitor is present, the IOC during the Olympic Games, and the IPC during Paralympic Games. Target Testing will be made a priority.
DC 5.2.2 The actual conduct of Doping Control at all FINA Competitions shall be the responsibility of a Doping Control Commission of one or more people appointed by the FINA Bureau. FINA may designate any party that is deemed suitable by FINA to collect Samples in accordance with these Anti-Doping Rules. Such designee shall be referred to in these Anti-Doping Rules as a “Sampling Agent or Agency” (“SA”). Testing conducted by FINA or its designee shall be in conformity with the International Standard for Testing in force at the time of Testing.
DC 5.2.3 In the Olympic Games, the FINA Executive, in collaboration with the IOC Medical Commission, shall determine the number of Competitors to be tested each day and for each discipline, and procedures followed shall be those set forth in the then-current anti-doping rules of the IOC. A similar procedure shall be followed in all other Competitions not organised by FINA with collaboration of other medical and organising committees, as appropriate.
DC 5.2.4 At all FINA Competitions, FINA shall be responsible for conducting Doping Control. All violations of these Anti-Doping Rules and disputes regarding Doping Control at FINA Competitions shall be heard by the FINA Doping Panel.
DC 5.2.5 At every Competition conducted by either a Continental Body recognised by FINA or by a regional organization consisting of Member Federations of FINA, the respective Continental Body or regional organization shall be responsible for conducting Doping Control. Sanctions for violations of these Anti-Doping Rules at such Competitions beyond Disqualifications from the Competitions or the results of the Competition shall be heard by the FINA Doping Panel.
DC 5.2.6 At all other Competitions (except where Doping Control is carried out under the rules of another sporting body), the Member Federation conducting the Doping Controls or in whose territory a Competition is held shall be responsible for conducting Doping Control. The Member Federation shall apply procedures substantially in accordance with the International Standard for Testing, it being understood that the procedures applied may differ from the FINA procedures to the extent that the difference does not affect the reliability of the results. The FINA Bureau may impose a sanction to a Member Federation that does not apply procedures in accordance with this Rule.
DC 5.2.7 Where the conduct of Doping Control at a Competition controlled by DC 5.2.6 results in an Adverse Analytical Finding, Atypical Finding or other anti-doping rule violation for a Competitor who is not a member of the Member Federation that conducted the Doping Control, the Member Federation that conducted the Doping Control shall, as soon as possible, report the results of such test or other anti-doping rule violation to the Member Federation which normally exercises jurisdiction over such Competitor, which will conduct the appropriate results management and hearing procedures and impose the appropriate sanctions on the Competitor. The Member Federation that conducted the Doping Control shall send a copy of its report to FINA.
DC 5.3 Doping Control in FINA Competition
DC 5.3.1 Selection of Competitors to be tested at FINA Competition shall be decided by the Doping Control Commission together with the Bureau Delegate at the Competition. All participating Competitors shall be considered. Selection shall be made before the start of each race or Competition. In Water Polo the draw shall occur immediately after the beginning of the last period of the game.
DC 5.3.2 Any swimmers establishing or breaking a World Record shall submit to Doping Control following the race. When a relay team breaks or equals a World Record, all Competitors swimming the relay shall be tested. If no Doping Control is conducted at the Competition, Competitors shall submit to Doping Control no later than 24 hours after the race. No World Record shall be recognised without a negative doping test certificate for all Prohibited Substances or Prohibited Methods identified on the Prohibited List for which an analytical technique is available. It shall be the responsibility of any Competitor anticipating a possible World Record to ensure that Doping Control is available.
DC 5.3.3 Should a Competitor obtain a national record in a FINA Competition and not otherwise be selected for Doping Control, and the Rules of the Member Federation of the Competitor are similar to DC 5.3.2, the Member Federation may request FINA to conduct Doping Control on such Competitor upon payment of a fee reasonably determined by FINA.
DC 5.4 Unannounced Testing by FINA
DC 5.4.1 Subject to the provisions of Article 15 of the Code, unannounced Doping Control may be conducted by FINA at any time, including at the time or location of any Competition in every Member country. Preferably it shall be carried out without any advance notice to the Competitor or his Member Federation. Every Competitor affiliated to any Member Federation is obliged to undergo unannounced Doping Control as decided by FINA.
DC 5.4.2 Every Member Federation shall include in their Rules a provision obliging the Member Federation to allow unannounced Doping Control of any Competitor under its jurisdiction. It is the duty of every Member Federation to assist FINA and, if appropriate, other Member Federations in the carrying out of unannounced Testing. Any Member Federation preventing, hindering or otherwise obstructing the carrying out of such Testing shall be liable to sanctions according to Rule C 12.
DC 5.4.3 FINA shall establish a FINA Registered Testing Pool of Competitors. The criteria for the inclusion of Competitors in the Registered Testing Pool shall be revised yearly by FINA and be made known to the Member Federations. Four (4) times a year the FINA Registered Testing Pool of Competitors shall be updated. All Competitors included or removed from the Registered Testing Pool and the Member Federations to which they belong shall receive written information about the inclusion or exclusion of a Competitor in the FINA Registered Testing Pool no later than the first day of the months of March, June, September and December.
DC 5.4.4 It shall be the obligation of each Competitor in the Registered Testing Pool as well as that Competitor’s Member Federation, to keep FINA informed about where the Competitor can be met for unannounced Testing. It is the responsibility of each Competitor in the Registered Testing Pool to report the required whereabouts information to the FINA office no later then the first Monday of the months of January, April, July and October. If the Competitor cannot be found for unannounced Testing due to incorrect or insufficient information provided to FINA, the Member Federation to which the Competitor is affiliated shall be obliged to pay expenses for the unsuccessful Attempt of Testing.
DC 5.4.5 For the purpose of applying DC 2.4, each Member Federation shall report to FINA each missed test or failure by a Competitor to file required whereabouts information within 14 days after the Member Federation becomes aware of the missed test or filing failure.
DC 5.5 Retirement and Return to Competition
DC 5.5.1 A Competitor who has been identified by FINA for inclusion in FINA’s Registered Testing Pool shall continue to be subject to these Anti-Doping Rules, including the obligation to be available for unannounced Testing, unless and until the Competitor gives written notice to FINA that he or she has retired. A Competitor is accountable for any violation of these Anti-Doping Rules occurring prior to FINA’s receipt of his or her notice of retirement.
DC 5.5.2 A Competitor who has given notice of retirement to FINA may not resume competing unless he or she notifies FINA in writing at least nine (9) months before he or she expects to return to Competition and is available for unannounced Out-of-Competition Testing at any time during the period before actual return to competition. A Competitor seeking reinstatement is subject to these Anti-Doping Rules in their entirety from the date reinstatement is requested.
DC 5.5.3 If a Competitor or other Person retires while a results management process is underway, the Anti-Doping Organization conducting the results management process retains jurisdiction to complete its results management process. If a Competitor or other Person retires before any results management process has begun, the Anti-Doping Organization which would have had results management jurisdiction over the Competitor or other Person at the time the Competitor or other Person committed an anti-doping rule violation, has jurisdiction to conduct results management.