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Rules and Regulation

DC 5.4 Test Distribution Planning and Athlete Whereabouts Information

DC 5.4.1 FINA will develop and implement an effective, intelligent and proportionate test distribution plan that prioritizes appropriately between disciplines, categories of Athletes, types of Testing, types of Samples collected, and types of Sample analysis, all in compliance with the requirements of the International Standard for Testing and Investigations. FINA will provide WADA upon request with a copy of its current test distribution plan.

DC 5.4.2 FINA shall establish a FINA Registered Testing Pool of those Athletes who are required to comply with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations. FINA should coordinate with National Anti-Doping Organisations the identification of such Athletes and the collection of their whereabouts information. FINA shall review and update as necessary its criteria for including Athletes in its Registered Testing Pool and shall revise the membership of its Registered Testing Pool from time to time as appropriate in accordance with the set criteria. All Athletes 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 an Athlete in the FINA Registered Testing Pool.

DC 5.4.3 It shall be the obligation of each Athlete in the FINA Registered Testing Pool as well as that Athlete’s Member Federation, to keep FINA informed about where the Athlete can be met for unannounced Testing. It is the responsibility of each Athlete in the FINA Registered Testing Pool to:

(a) advise FINA of his or her whereabouts on a quarterly basis;
(b) update that information as necessary so that it remains accurate and complete at all times;
(c) make him or herself available for Testing at such whereabouts.

DC 5.4.4 For purposes of DC 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test (as defined in the International Standard for Testing and Investigations) where the conditions set forth in the International Standard for Testing and Investigations for declaring a filing failure or missed test are met. Furthermore, if the Athlete cannot be found for unannounced Testing due to incorrect or insufficient information provided to FINA, the Member Federation to which the Athlete is affiliated shall be obliged to pay expenses for the unsuccessful attempt of Testing in accordance with DC 12.3 and DC 12.4.

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 an Athlete to file required whereabouts information within 14 days after the Member Federation becomes aware of the missed test or filing failure.

DC 5.4.6 Whereabouts information relating to an Athlete shall be shared (preferably through ADAMS) with WADA and other Anti-Doping Organizations having authority to test that Athlete, shall be maintained in strict confidence at all times, shall be used exclusively for the purposes set out in Article 5.6 of the Code, and shall be destroyed in accordance with the International Standard for the Protection of Privacy and Personal Information once it is no longer relevant for these purposes.