DC 14 MEMBER FEDERATIONS: INCORPORATION OF FINA RULES, REPORTING AND RECOGNITION

Doping Control Rules 2009-2013

DC 14.1 All Member Federations shall comply with these Anti-Doping Rules. The regulations of Member Federations shall indicate that all FINA Rules including Anti-Doping Rules shall be deemed as incorporated into and shall be directly applicable to and shall be agreed to and followed by Competitors, Competitor Support Personnel, coaches, physicians, trainers, managers, officials, medical or paramedical personnel, team leaders, and club and Federation representatives under the jurisdiction of the respective Member Federations.

DC 14.2 All Member Federations shall include in their regulations the procedural rules necessary to effectively implement these FINA Anti-Doping Rules including in particular the determination of the Person/s or body in charge of the application of the rules.

DC 14.3 Member Federations shall report at the end of every quarter (March 31, June 30, September 30, and December 31) all results of Doping Controls within their jurisdiction to FINA sorted by Competitor and identifying each date on which the Competitor was tested, the entity conducting the test, and whether the test was in or out of Competition. FINA shall publish at three (3) month intervals a report of all tests conducted by FINA and by Member Federations, sorted by Member Federation and Competitor and containing the same information set forth above.

DC 14.4 Every Member Federation shall report to FINA the times of all swimming performances, which fall within the top 50 FINA World Ranking lists of the previous year and the present year. The report shall be made to FINA within 60 days of the performance. Any Member Federation not reporting performances in accordance with this rule can be found to be in violation of rule DC 5.4.2 and therefore liable to sanctions according to Rule C 12.

DC 14.5 Every Member Federation shall report to FINA the scores of all diving performances, which fall within the top 20 FINA World Ranking lists of the previous year and the present year. The report shall be made to FINA within 60 days of the performance.

DC 14.6 When a Member Federation has received an Adverse Analytical Finding on one of its Competitors, or has determined an apparent anti-doping rule violation has occurred under DC 7.1.9, it shall report the following information to FINA and WADA within fourteen (14) days of the process described in DC 7.1.2, 7.1.3 and 7.1.9: the Competitor’s name, country, sport and discipline within the sport, whether the test was In-Competition or Out-of-Competition, the date of Sample collection and the analytical result reported by the laboratory. With respect to Atypical Findings, a Member Federation shall report the same information to FINA and WADA within fourteen (14) days after completion of its investigation as provided in DC 7.1.8 (except as otherwise provided in DC 7.1.8.1(b)) including whether the Atypical Finding will be brought forward as an Adverse Analytical Finding. The Member Federation shall also regularly update FINA and WADA on the status and findings of any review or proceedings conducted pursuant to DC 7 (Results Management), DC 8 (Right to a Fair Hearing) or DC 13 (Appeals), and, in any case in which the period of Ineligibility is eliminated under DC 10.5.1 (No Fault or Negligence) or reduced under DC 10.5.2 (No Significant Fault or Negligence), FINA and WADA shall be provided with a written reasoned decision explaining the basis for the elimination or reduction. Neither FINA nor WADA shall disclose this information beyond those Persons within their organisations with a need to know until the Member Federation has made public disclosure or has failed to make public disclosure as required in DC 14.7 below.

DC 14.7 The identity of Competitors whose Samples have resulted in Adverse Analytical Findings, or Competitors or other Persons who were alleged to have violated other anti-doping rules, shall not be publicly disclosed by FINA or a Member Federation until the imposition of a Provisional Suspension or it has been determined in a hearing in accordance with DC 8 that an anti-doping rule violation has occurred, or such hearing has been waived, or the assertion of an anti-doping rule violation has not been timely challenged.

DC 14.8 No later than twenty (20) days after it has been determined in a hearing in accordance with DC 8 that an anti-doping rule violation has occurred, or such hearing has been waived, or the assertion of an anti-doping rule violation has not been timely challenged, the Member Federation responsible for results management must publicly report the disposition of the anti-doping matter including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved and the Consequences imposed. The same Member Federation must also publicly report within twenty (20) days appeal decisions concerning anti-doping rule violations. The Member Federation shall also, within ten (10) days, send all hearing and appeal decisions to FINA and WADA.

DC 14.9 In any case where it is determined, after a hearing or appeal, that the Competitor or other Person did not commit an anti-doping rule violation, the decision may be disclosed publicly only with the consent of the Competitor or other Person who is the subject of the decision. The Member Federation with results management responsibility shall use reasonable efforts to obtain such consent, and if consent is obtained, shall publicly disclose the decision in its entirety or in such redacted form as the Competitor or other Person may approve.

DC 14.10 Neither FINA nor any Member Federation or its officials shall publicly comment on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Competitor, other Person or their representatives.

DC 14.11 Any decision of FINA or a Member Federation regarding a violation of these Rules shall be recognised by all Member Federations, which shall take all necessary action to render such results effective.