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Rules and Regulation

INTRODUCTION

These Anti-Doping Rules are adopted and implemented in accordance with FINA’s responsibilities under the Code, and in furtherance of FINA’s continuing efforts to eradicate doping in the aquatic sports.
These Anti-Doping Rules are sport rules governing the conditions under which sport is played, aimed at enforcing anti-doping principles in a global and harmonized manner, they are distinct in nature from criminal and civil proceedings, and are not intended to be subject to or limited by any national requirements and legal standards applicable to such proceedings. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Rules implementing the Code and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport. For ease of reference, terms that are defined in Appendix 1 of these Anti-Doping Rules are capitalised and italicised in the text.

Fundamental Rationale for the Code and FINA’s Anti-Doping Rules

Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as “the spirit of sport”. It is the essence of sport; the pursuit of human excellence through the dedicated perfection of each person’s natural talents; it is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is reflected in values we find in and through sport, including:

• Ethics, fair play and honesty
• Health
• Excellence in performance
• Character and education
• Fun and joy
• Teamwork
• Dedication and commitment
• Respect for rules and laws
• Respect for self and other Participants
• Courage
• Community and solidarity
Doping is fundamentally contrary to the spirit of sport.

Scope

These Anti-Doping Rules shall apply to and be binding upon FINA and each FINA Member Federation and its members, and each Continental Body or regional organization consisting of FINA Member Federations. They shall also apply to the following Athletes, Athlete Support Personnel and other Persons, each of whom is deemed, as a condition of his or her membership, accreditation and/or participation in the sport, to have agreed to be bound by these Anti-Doping Rules, and to have submitted to the authority of FINA and its Member Federations to enforce these Anti-Doping Rules and to the jurisdiction of the FINA and Member Federation hearing panels specified in DC 8 and DC 13 to hear and determine cases and appeals brought under these Anti-Doping Rules:

a) all Athletes, Athlete Support Personnel and other Persons who are members of FINA, or of any Member Federation, or of any member or affiliate organization of any Member Federation (including any clubs, teams, associations or leagues);
b) all Persons participating in Competitions or other activities of FINA, Member Federations, clubs, teams, associations or leagues, or other members of Member Federations, or the aquatic Competition of Major Event Organisations. “Participation” shall be deemed to include assisting an Athlete in preparation for any of the Competitions described above. “Persons”, as used in this rule, shall include, but not limited to, any Athlete, Athlete Support Personnel, coach, trainer, manager, team staff, agent, representative, official, medical or paramedical personnel or parent;
c) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the jurisdiction of FINA, or of any Member Federation, or of any member or affiliate organization of any Member Federation (including any clubs, teams, associations or leagues), for purposes of anti-doping.
Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti-Doping Rules, the following Athletes shall be considered to be International-Level Athletes for purposes of these Anti-Doping Rules, and therefore the specific provisions in these Anti-Doping Rules applicable to International-Level Athletes (as regards Testing but also as regards TUEs, whereabouts information, results management, and appeals) shall apply to such Athletes:

a) Athletes included in the FINA Registered Testing Pool;
b) Athletes who are not included in the FINA Registered Testing Pool during their participation in the FINA Competitions/ Events.
All Member Federations shall comply with these Anti-Doping Rules. The regulations of Member Federations shall indicate that all FINA Rules including these Anti-Doping Rules shall be deemed as incorporated into and shall be directly applicable to and shall be agreed to and followed by Athletes, Athlete Support Personnel, team leaders, and club and Federation representatives under the jurisdiction of the respective Member Federations.
It is the responsibility of each Member Federation to ensure that all national-level Testing on the Member Federation’s Athletes complies with these Anti-Doping Rules. In some cases, the Member Federation itself will be conducting the Doping Control described in these Anti-Doping Rules. In other countries, many of the Doping Control responsibilities of the Member Federation have been delegated or assigned to a National Anti-Doping Organization or Regional Anti-Doping Organisation. In those countries, references in these Anti-Doping Rules to the Member Federation shall apply, as applicable, to the Member Federation’s National Anti-Doping Organization or Regional Anti-Doping Organisation.