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Rules and Regulation

DC 7.1 Review of Adverse Analytical Findings from Tests initiated by FINA

DC 7.1.1 The results from all analyses must be sent to FINA in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be arranged in such a way that the results of the analyses are confidential.

DC 7.1.2 Upon receipt of an Adverse Analytical Finding, the DCRB or its designee shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) based on the documentation submitted to FINA there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding.

DC 7.1.3 If the review of an Adverse Analytical Finding under DC 7.1.2 does not reveal an applicable TUE or entitlement to a TUE as provided in the International Standard for Therapeutic Use Exemptions, or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, FINA shall promptly notify the Athlete, Athlete’s Member Federation, Athlete’s National Anti-Doping Organisation and WADA, in the manner set out in DC 14.1, of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated; (c) the Athlete’s right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis if the Athlete or FINA chooses to request an analysis of the B Sample; (e) the right of the Athlete and/or the Athlete’s representative to attend the B Sample opening and analysis in accordance with the International Standard for Laboratories if such analysis is requested; and (f) the Athlete’s right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories. If FINA decides not to bring forward the Adverse Analytical Finding as an anti-doping rule violation, it shall so notify the Athlete, Athlete’s Member Federation, the Athlete’s National Anti-Doping Organization and WADA.

DC 7.1.4 Where requested by the Athlete or FINA, arrangements should be made to analyse the B Sample. An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis. FINA may nonetheless elect to proceed with the B Sample analysis.

DC 7.1.5 The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample. If the Athlete cannot be present for the B Sample analysis at the scheduled date and time, the FINA Executive may appoint a surrogate representative to be present. Also a representative of the Athlete’s Member Federation as well as a representative of FINA shall be allowed to be present.

DC 7.1.6 If the B Sample analysis does not confirm the A Sample analysis, then (and unless FINA takes the case forward as an anti-doping rule violation under DC 2.2) the entire test shall be considered negative and the Athlete, the Athlete’s Member Federation, the Athlete’s National Anti-Doping Organisation and WADA shall be so informed.

DC 7.1.7 If the B Sample analysis confirms the A Sample analysis the findings shall be reported to FINA, the Athlete, the Athlete’s Member Federation, the Athlete’s National Anti-Doping Organisation and WADA.