DC 17 INTERPRETATION OF ANTI-DOPING RULES

Doping Control Rules 2009-2013

DC 17.1 Except as provided in DC 17.4, these Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

DC 17.2 The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer.

DC 17.3 The INTRODUCTION and the APPENDIX I DEFINITIONS shall be considered integral parts of these Anti-Doping Rules.

DC 17.4 These Anti-Doping Rules have been adopted in compliance with the applicable provisions of the Code. These Anti-Doping Rules shall be interpreted in a manner that is consistent with applicable provisions of the Code. The comments annotating various provisions of the Code shall, where applicable, be used to interpret these Anti-Doping Rules.

DC 17.5 As provided in Article 24.5 of the Code, these amended Anti-Doping Rules shall not apply retrospectively to matters pending before January 1, 2009 (the “Effective Date”). However, anti-doping rule violations arising under prior Anti-Doping Rules will continue to count as "First violations" or "Second violations" for purposes of determining sanctions under DC 10 for subsequent violations under these amended Anti-Doping Rules.

DC 17.6 These amended Anti-Doping Rules shall apply in full as of the Effective Date.

DC 17.7 Non-Retroactive Unless Principle of Lex Mitior Applies.

With respect to any anti-doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, the case shall be governed by the substantive anti-doping rules in effect at the time the alleged anti-doping rule violation occurred unless the panel hearing the case determines the principle of lex mitior appropriately applies under the circumstances of the case.

DC 17.8 Application to Decisions Rendered Prior to Effective Date.

With respect to cases where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date, but the Competitor or other Person is still serving the period of Ineligibility as of the Effective Date, the Competitor or other Person may apply to FINA or the Member Federation which had results management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of the amendments to these Anti-Doping Rules. Such application must be made before the period of Ineligibility has expired. The decision rendered by FINA or the Member Federation may be appealed pursuant to DC 13.2. The amendments to these Anti-Doping Rules shall have no application to any anti-doping rule violation case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.

DC 17.9 Application to Specific Pre-Effective Date Violations.

For purposes of applying DC 10.7.1, a pre-Effective Date anti-doping rule violation where the violation involved a substance which is categorized as a Specified Substance under these Anti-Doping Rules and the period of Ineligibility imposed was less than two (2) years, the pre-Effective Date violation shall be considered a Reduced Sanction (RS).

[Comment to DC 17.9: Other than the situation described in DC 17.9, where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served, these amendments may not be used to re-characterize the prior violation.]