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Anti Doping

TUE Abbreviated Application Form

TUE Standard Application Form

NEW ANTI-DOPING REGULATIONS

BADMINTONscotland, effective from 1 July 2004, have accepted the WADA Code and has adopted the anti-doping statutes as set out in the BWF Anti-Doping Regulations. It is important that all those involved in badminton familiarise themselves with the new anti-doping statutes, which need to be read thoroughly. BADMINTONscotland members are advised to please prepare accordingly, including making the necessary alterations to club constitutions or statutes.

The BWF Anti-Doping Regulations, incorporating the WADA Code are as follows:

BWF ANTI-DOPING REGULATIONS

INTRODUCTION

Preface

At the BWF (at the time called IBF) AGM held on 9 May 2004 in Jakarta, BWF accepted the World Anti-Doping Code (the "Code[1]"). These anti-doping regulations are adopted and implemented in conformance with IBF's responsibilities under the Code, and are in furtherance of IBWF's continuing efforts to eradicate doping in the sport of badminton.

Anti-doping regulations, like Competition Regulations, are sport rules governing the conditions under which sport is played. Players accept these rules as a condition of participation. Anti-doping regulations are not intended to be subject to or limited by the requirements and legal standards applicable to criminal proceedings or employment matters. The policies and minimum standards in the Code and implemented in these anti-doping regulations represent the consensus of a broad spectrum of stakeholders with an interest in fair sport and should be respected by all courts and adjudicating bodies.

Fundamental Rationale for the Code and BWF's anti-doping regulations

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 Olympism; it is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is characterised by the following values:

- 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 regulations shall apply to BWF , each Member Association of BWF , and each Participant in the activities of BWF or any of its Member Associations by virtue of the Participant's membership, accreditation, or participation in BWF , its Member Associations, or their activities or Events.

It is the responsibility of each Member Association to ensure that all national-level Testing on the Member Association's Players complies with these anti-doping regulations. In some cases, the Member Association itself will be conducting the Doping Control described in these anti-doping regulations. In other countries, many of the Doping Control responsibilities of the Member Association have been delegated or assigned by statute to a National Anti-Doping Organisation. In those countries, references in these anti-doping regulations to the Member Association shall apply, as applicable, to the Member Association's National Anti-Doping Organisation.

These anti-doping regulations shall apply to all Doping Controls over which BWF and its Member Associations have jurisdiction.

1. DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping regulation violations in Regulations 2.1 to 2.8 of these anti-doping regulations.

2. ANTI-DOPING REGULATION VIOLATIONS

The following constitute anti-doping regulation violations:

2.1 The presence of a Prohibited Substance or its Metabolites or Markers in a Playerís[2] bodily Specimen

2.1.1 It is each Playerís personal duty to ensure that no Prohibited Substance enters the Playerís body. Players are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their bodily Specimens. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Playerís part be demonstrated in order to establish an anti-doping violation under Regulation 2.1.

2.1.2 Excepting those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List, the detected presence of any quantity of a Prohibited Substance or its Metabolites or Markers in a Playerís Sample shall constitute an anti-doping regulation violation.

2.1.3 As an exception to the general rule of Regulation 2.1, the Prohibited List may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.

2.2 Use or Attempted Use of a Prohibited Substance or a Prohibited Method

2.2.1 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping regulation violation to be committed.

2.3 Refusing, or failing without compelling justification, to submit to Sample collection after notification as authorised in these anti-doping regulations or otherwise evading Sample collection.

2.4 Violation of the requirements regarding Player availability for Out-of-Competition Testing including failure to provide required whereabouts information in Regulation 5.5 (Player whereabouts requirements) and missed tests which are declared, based on reasonable rules.

2.5 Tampering, or Attempting to Tamper, with any part of Doping Control.

2.6 Possession of Prohibited Substances and Methods

2.6.1 Possession by a Player at any time or place of a substance that is prohibited in Out-of-Competition Testing or a Prohibited Method unless the Player establishes that the Possession is pursuant to a Therapeutic Use Exemption granted in accordance with Regulation 4.4 (Therapeutic Use) or other acceptable justification.

2.6.2 Possession of a Prohibited Substance that is prohibited in Out-of-Competition Testing or a Prohibited Method by Player Support Personnel in connection with a Player, Event or training, unless the Player Support Personnel establishes that the Possession is pursuant to a Therapeutic Use Exemption granted to a Player in accordance with Regulation 4.4 (Therapeutic Use) or other acceptable justification.

2.7 Trafficking in any Prohibited Substance or Prohibited Method.

2.8 Administration or Attempted administration of a Prohibited Substance or Prohibited Method to any Player, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping regulation violation or any Attempted violation.

3. PROOF OF DOPING

3.1 Burdens and standards of proof

BWF and its Member Associations shall have the burden of establishing that an anti-doping regulation violation has occurred. The standard of proof shall be whether BWF or its Member Association has established an anti-doping regulation violation to the comfortable satisfaction of the hearing body bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Regulations place the burden of proof upon the Player or other Person alleged to have committed an anti-doping regulation violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability.

3.2 Methods of establishing facts and presumptions

Facts related to anti-doping regulation violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases:

3.2.1 WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for laboratory analysis. The Player may rebut this presumption by establishing that a departure from the International Standard occurred.

If the Player rebuts the preceding presumption by showing that a departure from the International Standard occurred, then BWF or its Member Association shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

3.2.2 Departures from the International Standard for Testing which did not cause an Adverse Analytical Finding or other anti-doping regulation violation shall not invalidate such results. If the Player establishes that departures from the International Standard occurred during Testing, then BWF or its Member Association shall have the burden to establish that such departures did not cause the Adverse Analytical Finding or the factual basis for the anti-doping regulation violation.

4. THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List

These anti-doping regulations incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code. BWF will make the current Prohibited List available to each Member Association, and each Member Association shall ensure that the current Prohibited List is available to its members and constituents.[3]

4.2 Prohibited Substances and Prohibited Methods identified on the Prohibited List

Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these anti-doping regulations three months after publication of the Prohibited List by WADA without requiring any further action by BWF . As described in Article 4.2 of the Code, BWF may request that WADA expand the Prohibited List for the sport of badminton. BWF may also request that WADA include additional substances or methods, which have the potential for abuse in the sport of badminton, in the monitoring program described in Article 4.5 of the Code. As provided in the Code, WADA shall make the final decision on such requests by BWF.

4.3 Criteria for including substances and methods on the Prohibited List

As provided in Article 4.4.3 of the Code, WADAís determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List shall be final and shall not be subject to challenge by a Player or other Person.

4.4 Therapeutic Use

4.4.1 Players with a documented medical condition requiring the use of a Prohibited Substance or a Prohibited Method must first obtain a Therapeutic Use Exemption ("TUE").

4.4.2 Players included by BWF in its Registered Testing Pool and other Players prior to their participation in any International Event must obtain a required TUE from BWF (regardless of whether the Player previously has received a TUE at the national level). TUEs granted by BWF shall be reported to the Player's Member Association and to WADA. Other Players subject to Testing must obtain a TUE from their National Anti-Doping Organisation or other body designated by their Member Association. Member Associations shall promptly report any such TUEs to IBF and WADA.

4.4.3 BWF shall appoint a panel of doctors (the "TUE Panel") to consider requests for TUEs. Upon IBF's receipt of a TUE request, the Chair of the TUE Panel shall appoint one or more members of the TUE Panel (which may include the Chair) to consider such request. The TUE Panel member(s) so designated shall promptly evaluate such request in accordance with the International Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the final decision of BWF .

- International-Level Players who are included in the IBF's Registered Testing Pool, should apply to BWF for the TUE at the same time the Player first provides whereabouts information to the BWF and, except in emergency situations, no later than 21 days before the Player's participation in an International Event.

- Players participating in International Events who are not included in the BWF Registered Testing Pool must, except in emergency situations, request a TUE from BWF no later than 21 days before the Player's participation in an International Event.

4.4.4 WADA, at the request of a Player or on its own initiation, may review the granting or denial of any TUE to an International Level Player or a national level Player that is included in a Registered Testing Pool. If WADA determines that the granting or denial of a TUE did not comply with the International Standard for Therapeutic Use Exemptions in force at the time then WADA may reverse that decision. Decisions on TUEs are subject to further appeal as provided in Regulation 13.

5. TESTING

5.1 Authority to Test

All Players affiliated with a Member Association shall be subject to In-Competition Testing by BWF , the Player's Member Association, and any other Anti-Doping Organisation responsible for Testing at a Competition or Event in which they participate. All Players affiliated with a Member Association shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by BWF, WADA, the Player's Member Association, the National Anti-Doping Organisation of any country where the Player is present, the IOC during the Olympic Games, and the IPC during Paralympic Games.

5.2 Responsibility for IBF Testing

IBF itself shall be responsible for overseeing all Testing conducted by BWF. Testing may be conducted by qualified persons so authorised by BWF.

5.3 Testing standards

Testing conducted by BWF and its Member Associations shall be in substantial conformity with the International Standard for Testing in force at the time of Testing.

5.3.1 Blood (or other non-urine) Samples may be used either to detect Prohibited Substances or Prohibited Methods or for screening procedure purposes only. If the blood is collected for screening only, it will have no other consequences for the Player other than to identify the Player for a urine test under these anti-doping regulations. In these circumstances, the BWF may decide at its own discretion which blood parameters are to be measured in the screening Sample and what levels of those parameters will be used to indicate that a Player should be selected for a urine test.

5.4 Coordination of Testing

IBF and Member Associations shall promptly report completed tests through the WADA clearing house to avoid unnecessary duplication in Testing.

5.5 Player whereabouts requirements

5.5.1 BWF shall identify a Registered Testing Pool of those Players who are required to provide up-to-date whereabouts information to BWF. BWF may revise its Registered Testing Pool from time to time as appropriate. Each Player in the Registered Testing Pool shall file quarterly reports with BWF on forms provided by BWF which specify on a daily basis the locations and times where the Player will be residing, training and competing. Players shall update this information as necessary so that it is current at all times. The ultimate responsibility for providing whereabouts information rests with each Player. However, it shall be the responsibility of each Member Association to use its best efforts to assist BWF in obtaining whereabouts information as requested by BWF.

5.5.2 Any Player in the IBF Registered Testing Pool who is unavailable for Testing on two attempts during any period of 24 consecutive months shall be considered to have committed an anti-doping regulation violation pursuant to Regulation 2.4. For each attempt, the Doping Control Officer shall visit all locations during the times specified by the Player for that date and shall stay two hours at each location. Notification shall be sent to the Player between each attempt which is to be counted as an unavailable test.

5.5.3 Any Player in the IBF Registered Testing Pool who fails to submit timely a required quarterly whereabouts report after receipt of a formal written warning from BWF or a Member Association to do so shall be considered to have committed an anti-doping regulation violation pursuant to Regulation 2.4.

5.5.4 Each Member Association shall also assist their National Anti-Doping Organisation in establishing a national level Registered Testing Pool of top-level national Players who are not already included in BWF's Registered Testing Pool. The Member Association/National Anti-Doping Organisation may establish its own whereabouts reporting requirements and criteria for Regulation 2.4 violations applicable to those Players.

5.5.5 Whereabouts information provided pursuant to Regulations 5.5.1 and 5.5.4 shall be shared with WADA and other Anti-Doping Organisations having jurisdiction to test a Player on the strict condition that it be used only for Doping Control purposes.

5.6 Retirement and return to competition

5.6.1 A Player who has been identified by BWF for inclusion in BWF's Registered Testing Pool shall continue to be subject to these anti-doping regulations, including the obligation to be available for No Advance Notice Out-of-Competition Testing, unless and until the Player (or the Member Association on behalf of the Player) gives written notice to IBF that the Player has retired or until the Player no longer satisfies the criteria for inclusion in the BWF's Registered Testing Pool and has been so informed by BWF.

5.6.2 A Player who has given notice of retirement to BWFmay not resume competing unless the Player notifies BWFat least six months before the Player expects to return to competition and is available for unannounced Out-of-Competition Testing at any time during this period before actual return to competition. BWF may give notice of a different period than six months at the time of receipt of notification of retirement.

5.6.3 Member Associations/National Anti-Doping Organisations may establish similar requirements for retirement and returning to competition for Players in the national Registered Testing Pool.

5.7 Selection of Players to be tested

5.7.1 BWF shall target a certain number of Players not necessarily linked to Competition results in order to maximise the diversity of Players tested or based on information provided by the WADA Clearinghouse on previous tests.

5.7.2 At National Events, each Member Association shall determine the number of Players selected for Testing in each Competition and the procedures for selecting the Players for Testing.

5.7.3 In addition to the selection procedures in Regulations 5.7.1 and 5.7.2, the BWF at International Events, and the Member Association at National Events, may also select Players or teams for Target Testing so long as such Target Testing is not used for any purpose other than legitimate Doping Control purposes.

5.7.4 Players selected for Testing shall be notified only after completing their last match of the day. Should a Player be notified before completing the Playerís last match of the day, the Player may appeal to the Referee. The Referee has discretion to cancel the Test.

5.7.5 Players shall be selected for Out-of-Competition Testing by the IBF and by Member Associations through a process that substantially complies with the International Standard for Testing in force at the time of selection.

5.8 Member Associations and the organising committees for Member Association Events shall provide access to Independent Observers at Events as directed by BWF.

6. ANALYSIS OF SAMPLES

Doping Control Samples collected under these anti-doping regulations shall be analysed in accordance with the following principles:

6.1 Use of approved laboratories

IBF shall send Doping Control Samples for analysis only to WADA-accredited laboratories or as otherwise approved by WADA. The choice of the WADA-accredited laboratory (or other method approved by WADA) used for the Sample analysis shall be determined exclusively by the body initiating the Testing.

6.2 Substances subject to detection

Doping Control Samples shall be analysed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code.

6.3 Research on Samples

No Sample may be used for any purpose other than the detection of substances (or classes of substances) or methods on the Prohibited List, or as otherwise identified by WADA pursuant to its Monitoring Program, without the Player's written consent.

6.4 Standards for Sample analysis and reporting

Laboratories shall analyse Doping Control Samples and report results in conformity with the International Standard for Laboratory Analysis.

7. RESULTS MANAGEMENT

7.1 Results Management for Tests initiated by IBF

Results management for Tests initiated by BWF (including Tests performed by WADA pursuant to agreement with BWF) shall proceed as in Regulations 7.1.1 to 7.1.9.

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

7.1.2 Upon receipt of an A Sample Adverse Analytical Finding, the BWF Independent Doping Review Panel shall conduct a review to determine whether:

- an applicable Therapeutic Use Exemption has been granted; or

- there is any apparent departure from the International Standards for Testing or Laboratory Analysis that undermines the validity of the Adverse Analytical Finding.

IBF shall appoint an Independent Doping Review Panel consisting of a Chair and three other members with experience in anti-doping. All members of the Panel shall be otherwise independent from BWF. Each panel member shall serve a term of four years. In each case the Chair of the Panel shall appoint one or more members of the Panel (which may include the Chair) to conduct the review discussed in Regulations 7.1.2, 7.1.8 and 7.1.9, and to review any other potential violations of these anti-doping regulations as may be requested by BWF.

7.1.3 If the initial review under Regulation 7.1.2 does not reveal an applicable Therapeutic Use Exemption or departure from the International Standard for Testing or the International Standard for laboratory analysis in force at the time of Testing or analysis that undermines the validity of the Adverse Analytical Finding, BWFshall promptly notify the Player of:

- the Adverse Analytical Finding

- the anti-doping regulation violated, or, in a case under Regulations 7.1.8 or 7.1.9, a description of the additional investigation that will be conducted as to whether there is an anti-doping regulation violation

- the Player's right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived

- the right of the Player and/or the Player's representative to attend the B Sample opening and analysis if such analysis is requested

and

- the Player's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratory Analysis.

7.1.4 Arrangements shall be made for Testing the B Sample within three weeks of the notification described in Regulation 7.1.3. A Player may accept the A Sample analytical results by waiving the requirement for B Sample analysis. IBF may nonetheless elect to proceed with the B Sample analysis.

7.1.5 The Player and/or the Playerís representative shall be allowed to be present at the analysis of the B Sample. Also a representative of the Player's Member Association as well as a representative of BWF shall be allowed to be present.

7.1.6 If the B Sample proves negative, the entire test shall be considered negative and the Player, the Playerís Member Association, and BWF shall be so informed.

7.1.7 If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Player, the Playerís Member Association, BWF, and to WADA.

7.1.8 The IBF Independent Doping Review Panel shall conduct any follow-up investigation as may be required by the Prohibited List. Upon completion of such follow-up investigation, BWF shall promptly notify the Player regarding the results of the follow-up investigation and whether or not BWF asserts that an anti-doping regulation was violated.

7.1.9 For apparent anti-doping regulation violations that do not involve Adverse Analytical Findings, BWF shall conduct any necessary follow-up investigation and shall then promptly notify the Player of the anti-doping regulation which appears to have been violated, and the basis of the violation.

7.2 Results management for Tests initiated during other International Events

Results management and the conduct of hearings from a test by the International Olympic Committee, the International Paralympic Committee, or a Major Event Organisation, shall be managed, as far as sanctions beyond Disqualification from the Event or the results of the Event, by IBF.

7.3 Results management for Tests initiated by Member Associations

Results management conducted by Member Associations shall be consistent with the general principles for effective and fair results management which underlie the detailed provisions in Regulation 7.1. Results of all Doping Controls shall be reported to IBF within 14 days of the conclusion of the Member Association's results management process. Any apparent anti-doping regulation violation by a Player who is a member of that Member Association shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the Member Association or national law. Apparent anti-doping regulation violations by Players who are members of another Member Association shall be referred to IBF for hearing.

7.4 Provisional Suspensions

IBF, after consultation with the IBF Independent Doping Review Panel, may Provisionally Suspend a Player prior to the opportunity for a full hearing based on an Adverse Analytical Finding from the Player's A Sample or A and B Samples and the review described in Regulation 7.1. If a Provisional Suspension is imposed, either the hearing in accordance with Regulation 8 shall be advanced to a date which avoids substantial prejudice to the Player, or the Player shall be given an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension. Member Associations may impose Provisional Suspensions in accordance with the principles in this Regulation.

8. RIGHT TO A FAIR HEARING

8.1 Hearings arising out of IBF Testing or Tests at International Events

8.1.1 IBF shall appoint a standing panel consisting of a Chair and four other people with experience in anti-doping ("IBF Doping Hearing Panel").

8.1.2 When it appears, following the Results Management process described in Regulation 7, that these anti-doping regulations have been violated in connection with IBF Testing or Testing at an International Event then the case shall be assigned to the IBF Doping Hearing Panel for adjudication.

8.1.3 The Chair of the IBF Doping Hearing Panel shall appoint three members from the panel (which may include the Chair) to hear each case, and appoint a Chair of the panel for that case. The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Player or other Person alleged to have violated these anti-doping regulations. Where there are insufficient Panel members due to prior involvement, a nationality constraint, or unavailability, the IBF President may appoint such additional Panel members as may be required.

8.1.4 Hearings pursuant to this Regulation shall be completed expeditiously following the completion of the results management process described in Regulation 7. Hearings held in connection with Events may be conducted on an expedited basis.

8.1.5 The Member Association of the Player or other Person alleged to have violated these anti-doping regulations may participate in the hearing.

8.1.6 IBF shall keep WADA fully apprised as to the status of pending cases and the results of all hearings.

8.1.7 A Player or other Person may forego a hearing by acknowledging the anti-doping regulation violation and accepting Consequences consistent with Regulations 9 and 10 as proposed by IBF.

8.1.8 Decisions of the IBF Doping Hearing Panel may be appealed to Court of Arbitration for Sport as provided in Regulation 13.

8.2 Hearings arising out of national Testing

8.2.1 When it appears, following the Results Management process described in Regulation 7, that these anti-doping regulations have been violated in connection with Testing other than in connection with IBF Testing or Testing at an International Event, the Player or other Person involved shall be brought before a disciplinary panel of the Playerís or other Person's Member Association for a hearing to adjudicate whether a violation of these anti-doping regulations occurred, and if so, what Consequences should be imposed.

8.2.2 Hearings pursuant to this Regulation 8.2 shall be completed expeditiously and in all cases within three months of the completion of the Results Management process described in Regulation 7. Hearings held in connection with Events may be conducted by an expedited process. If the completion of the hearing is delayed beyond three months, IBF may elect to bring the case directly before the IBF Doping Hearing Panel at the responsibility and at the expense of the Member Association.

8.2.3 Member Associations shall keep IBF and WADA fully apprised as to the status of pending cases and the results of all hearings.

8.2.4 IBF and WADA shall have the right to attend hearings as an observer.

8.2.5 The Player or other Person may forego a hearing by acknowledging the violation of these anti-doping regulations and accepting Consequences consistent with Regulations 9 and 10 as proposed by the Member Association.

8.2.6 Decisions by Member Associations, whether as the result of a hearing or the Playerís or other Person's acceptance of Consequences, may be appealed as provided in Regulation 13.

8.2.7 Hearing decisions by the Member Association shall not be subject to further administrative review at the national level except as provided in Regulation 13 or required by applicable national law.

8.3 Principles for a fair hearing

All hearings pursuant to either Regulation 8.1 or 8.2 shall respect the following principles:

- a timely hearing

- fair and impartial hearing body

- the right to be represented at the Person's own expense

- the right to be fairly and timely informed of the asserted anti-doping regulation violation

- the right to respond to the asserted anti-doping regulation violation and resulting Consequences

- the right of each party to present evidence, including the right to call and question witnesses (subject to the hearing body's discretion to accept testimony by telephone or written submission)

- the Person's right to an interpreter at the hearing, with the Doping Panel to determine the identity, and responsibility for the cost of the interpreter

and

- a timely, written, reasoned decision.

9. AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

A violation of these anti-doping regulations in connection with an In-Competition test automatically leads to Disqualification of the individual result obtained in that Competition with all resulting consequences, including forfeiture of any medals, points and prizes.

10. SANCTIONS ON INDIVIDUALS

10.1 Disqualification of results in Event during which an anti-doping regulation violation occurs

An anti-doping regulation violation occurring during or in connection with an Event may lead to Disqualification of all of the Player's individual results obtained in that Event with all consequences, including forfeiture of all medals, points and prizes, except as provided in Regulation 10.1.1.

10.1.1 If the Player establishes that the Player bears No Fault or Negligence for the violation, the Player's individual results in the other Competition shall not be Disqualified unless the Player's results in Competition other than the Competition in which the anti-doping regulation violation occurred were likely to have been affected by the Player's anti-doping regulation violation.

10.2 Imposition of Ineligibility for Prohibited Substances and Prohibited Methods

Except for the specified substances identified in Regulation 10.3, the period of Ineligibility imposed for a violation of Regulation 2.1 (presence of Prohibited Substance or its Metabolites or Markers), Regulation 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) and Regulation 2.6 (Possession of Prohibited Substances and Methods) shall be:

First violation: Two years' Ineligibility.

Second violation: Lifetime Ineligibility.

However, the Player or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing this sanction as provided in Regulation 10.5.

10.3 Specified Substances

The Prohibited List may identify specified substances which are particularly susceptible to unintentional anti-doping regulations violations because of their general availability in medicinal products or which are less likely to be successfully abused as doping agents. Where a Player can establish that the Use of such a specified substance was not intended to enhance sport performance, the period of Ineligibility found in Regulation 10.2 shall be replaced with the following:

First violation: At a minimum, a warning and reprimand and no period of Ineligibility from future Events, and at a maximum, one year's Ineligibility.

Second violation: Two years' Ineligibility.

Third violation: Lifetime Ineligibility.

However, the Player or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing (in the case of a second or third violation) this sanction as provided in Regulation 10.5.

10.4 Ineligibility for other anti-doping regulation violations

The period of Ineligibility for other violations of these anti-doping regulations shall be:

10.4.1 For violations of Regulation 2.3 (refusing or failing to submit to Sample collection) or Regulation 2.5 (Tampering with Doping Control), the Ineligibility periods in Regulation 10.2 shall apply.

10.4.2 For violations of Regulation 2.7 (Trafficking) or Regulation 2.8 (administration of Prohibited Substance or Prohibited Method), the period of Ineligibility imposed shall be a minimum of four years up to lifetime Ineligibility. An anti-doping regulation violation involving a Minor shall be considered a particularly serious violation, and, if committed by Player Support Personnel for violations other than specified substances referenced in Regulation 10.3, shall result in lifetime Ineligibility for such Player Support Personnel. In addition, violations of such Regulations which also violate non-sporting laws and regulations, may be reported to the competent administrative, professional or judicial authorities.

10.4.3 For violations of Regulation 2.4 (whereabouts violations or missed Tests), the period of Ineligibility shall be:

First violation: Three months to one year Ineligibility.

Second and subsequent violations: Two years' Ineligibility.

10.5 Elimination or reduction of period of Ineligibility based on exceptional circumstances

10.5.1 If the Player establishes in an individual case involving an anti-doping regulation violation under Regulation 2.1 (presence of Prohibited Substance or its Metabolites or Markers) or Use of a Prohibited Substance or Prohibited Method under Regulation 2.2 that the Player bears No Fault or Negligence for the violation, the otherwise applicable period of Ineligibility shall be eliminated. When a Prohibited Substance or its Markers or Metabolites is detected in a Player's Specimen in violation of Regulation 2.1 (presence of Prohibited Substance), the Player must also establish how the Prohibited Substance entered the Playerís system in order to have the period of Ineligibility eliminated. In the event this Regulation is applied and the period of Ineligibility otherwise applicable is eliminated, the anti-doping regulation violation shall not be considered a violation for the limited purpose of determining the period of Ineligibility for multiple violations under Regulation 10.2, 10.3 and 10.6.

10.5.2 This Regulation 10.5.2 applies only to anti-doping regulation violations involving Regulation 2.1 (presence of Prohibited Substance or its Metabolites or Markers), Use of a Prohibited Substance or Prohibited Method under Regulation 2.2, failing to submit to Sample collection under Regulation 2.3, or administration of a Prohibited Substance or Prohibited Method under Regulation 2.8. If a Player establishes in an individual case involving such violations that the Player bears No Significant Fault or Negligence, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the minimum period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this section may be no less than 8 years. When a Prohibited Substance or its Markers or Metabolites is detected in a Player's Specimen in violation of Regulation 2.1 (presence of Prohibited Substance), the Player must also establish how the Prohibited Substance entered the Playerís system in order to have the period of Ineligibility reduced.

10.5.3 The IBF Doping Hearing Panel may also reduce the period of Ineligibility in an individual case where the Player has provided substantial assistance to IBF which results in IBF discovering or establishing an anti-doping regulation violation by another Person involving Possession under Regulation 2.6.2 (Possession by Player Support Personnel), Regulation 2.7 (Trafficking), or Regulation 2.8 (administration to a Player). The reduced period of Ineligibility may not, however, be less than one-half of the minimum period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Regulation may be no less than 8 years.

10.6 Regulations for certain potential multiple violations

10.6.1 For purposes of imposing sanctions under Regulations 10.2, 10.3 and 10.4, a second anti-doping regulation violation may be considered for purposes of imposing sanctions only if the IBF (or its Member Association) can establish that the Player or other Person committed the second anti-doping regulation violation after the Player or other Person received notice, or after IBF (or its Member Association) made a reasonable attempt to give notice, of the first anti-doping regulation violation; if the IBF (or its Member Association) cannot establish this, the violations shall be considered as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction.

10.6.2 Where a Player, based on the same Doping Control, is found to have committed an anti-doping regulation violation involving both a specified substance under Regulation 10.3 and another Prohibited Substance or Prohibited Method, the Player shall be considered to have committed a single anti-doping regulation violation, but the sanction imposed shall be based on the Prohibited Substance or Prohibited Method that carries the most severe sanction.

10.6.3 Where a Player is found to have committed two separate anti-doping regulation violations, one involving a specified substance governed by the sanctions in Regulation 10.3 (specified substances) and the other involving a Prohibited Substance or Prohibited Method governed by the sanctions in Regulation 10.2 or a violation governed by the sanctions in Regulation 10.4.1, the period of Ineligibility imposed for the second offence shall be at a minimum two yearsí Ineligibility and at a maximum three yearsí Ineligibility. Any Player found to have committed a third anti-doping regulation violation involving any combination of specified substances under Regulation 10.3 and any other anti-doping regulation violation under Regulation 10.2 or 10.4.1 shall receive a sanction of lifetime Ineligibility.

10.7 Disqualification of results in Competitions subsequent to Sample collection

In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Regulation 9 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other doping violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.

10.8 Commencement of Ineligibility period

The period of Ineligibility shall start on the date of the hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. Any period of Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. Where required by fairness, such as delays in the hearing process or other aspects of Doping Control not attributable to the Player, IBF or the Anti-Doping Organisation imposing the sanction may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection.

10.9 Status during Ineligibility

No Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in an Event or activity (other than authorised anti-doping education or rehabilitation programs) authorised or organised by IBF or any Member Association. In addition, for any anti-doping regulation violation not involving specified substances described in Regulation 10.3, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by IBF and its Member Associations. A Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate in local sport events in a sport other than sports subject to the jurisdictions of IBF and its Member Associations, but only so long as the local sport event is not at a level that could otherwise qualify such Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event.

10.10 Reinstatement Testing

As a condition of regaining eligibility at the end of a specified period of Ineligibility, a Player must, during any period of Provisional Suspension or Ineligibility, be available for Out-of-Competition Testing by IBF, the applicable Member Association, and any other Anti-Doping Organisation having Testing jurisdiction, and must provide current and accurate whereabouts information as provided in Regulation 5.5. If a Player subject to a period of Ineligibility retires from sport and is removed from Out-of-Competition Testing pools and later seeks reinstatement, the Player shall not be eligible for reinstatement until the Player has notified IBF and the applicable Member Association and has been subject to Out-of-Competition Testing for a period of time equal to the longer of the period in Regulation 5.6 or the period of Ineligibility remaining as of the date the Player had retired. During such remaining period of Ineligibility, a minimum of two tests must be conducted on the Player with at least three months between each test. The Member Association shall be responsible for conducting the necessary tests, but tests by any Anti-Doping Organisation may be used to satisfy the requirement. The results of such tests shall be reported to IBF. In addition, immediately prior to the end of the suspension period, a Player must undergo Testing by IBF for the Prohibited Substances and Methods for Out-of-Competition Testing. Once the period of a Player's suspension has expired, and the Player has fulfilled the conditions of reinstatement, then the Player will become automatically re-eligible and no application by the Player or by the Player's Member Association will then be necessary.

11. CONSEQUENCES TO TEAMS

11.1 If a member of a team[4] is found to have committed a violation of these anti-doping regulations during an Event, the team shall be Disqualified from the Event.

11.2 In doubles Competitions, the partner of the Player found guilty of a doping offence under these anti-doping regulations will incur the same prize money and World Ranking points penalties as the offender.

12. SANCTIONS AND COSTS ASSESSED AGAINST MEMBER ASSOCIATIONS

12.1 IBF has the authority to withhold some or all funding or other non-financial support to Member Associations that are not in compliance with these anti-doping regulations.

12.2 IBF may elect to take additional disciplinary action against Member Associations with respect to recognition, the eligibility of its officials and Players to participate in International Events and fines based on the following:

12.2.1 Four or more violations of these anti-doping regulations (other than violations involving Regulations 2.4 and 10.3) are committed by Players or other Persons affiliated with a Member Association within a 12-month period in testing conducted by IBF or Anti-Doping Organisations other than the Member Association or its National Anti-Doping Organisation. In such event the IBF may in its discretion elect to:

- ban all officials from that Member Association for participation in any IBF activities for a period of up to two years

and/or

- fine the Member Association up to US $100,000. (For purposes of this Regulation, any fine paid pursuant to Regulation 12.2.2 shall be credited against any fine assessed.)

If four or more violations of these anti-doping regulations (other than violations involving Regulations 2.4 and 10.3) are committed in addition to the violations described in Regulation 12.2.1 by Players or other Persons affiliated with a Member Association within a 12-month period in testing conducted by IBF or Anti-Doping Organisations other than the Member Association or its National Anti-Doping Organisation, then the IBF may suspend that Member Associationís membership for a period of up to four years.

12.2.2 More than one Player or other Person from a Member Association commits an anti-doping regulation violation during an International Event. In such event IBF may fine that Member Association up to US $20,000.

12.2.3 A Member Association has failed to make diligent efforts to keep IBF informed about a Player's whereabouts after receiving a request for that information from IBF. In such event IBF may fine the Member Association an amount up to US $20,000 per Player in addition to all of IBF costs incurred in Testing that Member Association's Players.

13. APPEALS

13.1 Decisions subject to appeal

Decisions made under these anti-doping regulations may be appealed as in Regulations 13.2 to 13.4. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorised in Regulation 8.2.7 must be exhausted.

13.2 Appeals from decisions regarding anti-doping regulation violations, consequences, and Provisional Suspensions

- A decision that an anti-doping regulation violation was committed

- a decision imposing Consequences for an anti-doping regulation violation

- a decision that no anti-doping regulation violation was committed

- a decision that the IBF or its Member Association lacks jurisdiction to rule on an alleged anti-doping regulation violation or its Consequences

or

- a decision to impose a Provisional Suspension as a result of a Provisional Hearing or otherwise in violation of Regulation 7.4

may be appealed exclusively as provided in this Regulation 13.2. Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Player or other Person upon whom the Provisional Suspension is imposed.

13.2.1 In cases arising from competition in an International Event or in cases involving International-Level Players, the decision may be appealed exclusively to the Court of Arbitration for Sport ("CAS") in accordance with the provisions applicable before such court.

13.2.2 In cases involving Players that do not have a right to appeal under Regulation 13.2.1, each Member Association shall have in place an appeal procedure that respects the following principles:

- a timely hearing

- a fair and impartial hearing body

- the right to be represented at the Personís expense; and a timely, written, reasoned decision.

IBFís rights of appeal with respect to these cases are in Regulation 13.2.3.

13.2.3 In cases under Regulation 13.2.1, the following parties shall have the right to appeal to CAS:

- the Player or other Person who is the subject of the decision being appealed

- the other party to the case in which the decision was rendered

- IBF and any other Anti-Doping Organisation under whose rules a sanction could have been imposed

- the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games

and

- WADA.

In cases under Regulation 13.2.2, the parties having the right to appeal to the national-level reviewing body shall be as provided in the Member Association's rules but, at a minimum, shall include:

- the Player or other Person who is the subject of the decision being appealed

- the other party to the case in which the decision was rendered

- IBF

and

- WADA.

For cases under Regulation 13.2.2, WADA and IBF shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body.

13.3 Appeals from decisions granting or denying a Therapeutic Use Exemption

Decisions by WADA reversing the grant or denial of a TUE exemption may be appealed exclusively to CAS by the Player, IBF, or National Anti-Doping Organisation or other body designated by a Member Association which granted or denied the exemption. Decisions to deny Therapeutic Use Exemptions, and which are not reversed by WADA, may be appealed by International-Level Players to CAS and by other Players to the national level reviewing body described in Regulation 13.2.2. If the national level reviewing body reverses the decision to deny a Therapeutic Use Exemption, that decision may be appealed to CAS by WADA.

13.4 Appeal from decisions pursuant to Regulation 12

Decisions by IBF pursuant to Regulation 12 may be appealed exclusively to CAS by the Member Association.

13.5 Time for filing appeals

The time to file an appeal to CAS shall be twenty-one days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having lead to the decision subject to appeal:

Within ten days from notice of the decision, such party/ies shall have the right to request from the body having issued the decision a copy of the file on which such body relied.

If such a request is made within the ten-day period, then the party making such request shall have twenty-one days from receipt of the file to file an appeal to CAS.

14. MEMBER ASSOCIATIONSí INCORPORATION OF IBF REGULATIONS, REPORTING AND RECOGNITION

14.1 Incorporation of IBF anti-doping regulations

All Member Associations shall comply with these anti-doping regulations. The Rules of each Member Association shall specifically provide that all Players, Player Support Personnel and other Persons under the jurisdiction of the Member Association shall be bound by these anti-doping regulations.

14.2 Statistical Reporting

Member Associations shall report to IBF at the end of every year results of all Doping Controls within their jurisdiction sorted by Player and identifying each date on which the Player was tested, the entity conducting the test, and whether the test was In-Competition or Out-of-Competition. IBF may periodically publish Testing data received from Member Associations as well as comparable data from Testing under IBF's jurisdiction.

14.3 Doping Control information clearing house

When a Member Association has received an Adverse Analytical Finding on one of its Players, it shall report the following information to IBF and WADA within fourteen days of the process described in Regulations 7.1.2 and 7.1.3: the Playerís 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. The Member Association shall also regularly update IBF and WADA on the status and findings of any review or proceedings conducted pursuant to Regulation 7 (Results Management), Regulation 8 (Right to a Fair Hearing) or Regulation 13 (Appeals), and comparable information shall be provided to IBF and WADA within 14 days of the notification described in Regulation 7.1.9, with respect to other violations of these anti-doping regulations. In any case in which the period of Ineligibility is eliminated under Regulation 10.5.1 (No Fault or Negligence) or reduced under Regulation 10.5.2 (No Significant Fault or Negligence), IBF and WADA shall be provided with a written reasoned decision explaining the basis for the elimination or reduction. Neither IBF nor WADA shall disclose this information beyond those persons within their organisations with a need to know until the Member Association has made public disclosure or has failed to make public disclosure as required in Regulation 14.4.

14.4 Public disclosure

Neither IBF nor its Member Association shall publicly identify Players whose Samples have resulted in Adverse Analytical Findings, or who were alleged to have violated other of these anti-doping regulations until it has been determined in a hearing in accordance with Regulation 8 that an anti-doping regulation violation has occurred, or such hearing has been waived, or the assertion of an anti-doping regulation violation has not been timely challenged or the Player has been Provisionally Suspended. Once a violation of these anti-doping regulations has been established, it shall be publicly reported within 20 days. However, when it is clear that public knowledge of an Adverse Analytical Finding exists, IBF reserves the right to confirm outline details as appropriate.

14.5 Recognition of decisions by IBF and Member Associations

Any decision of IBF or a Member Association regarding a violation of these anti-doping regulations shall be recognised by all Member Associations, which shall take all necessary action to render such decisions effective.

15. RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS

Subject to the right to appeal provided in Regulation 13, the Testing, Therapeutic Use Exemptions and hearing results or other final adjudications of any Signatory to the Code which are consistent with the Code and are within the Signatoryís authority, shall be recognised and respected by IBF and its Member Associations. IBF and its Member Associations may recognise the same actions of other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code.

16. STATUTE OF LIMITATIONS

No action may be commenced under these anti-doping regulations against a Player or other Person for a violation of an anti-doping regulation contained in these anti-doping regulations unless such action is commenced within eight years from the date the violation occurred.

17. IBF COMPLIANCE REPORTS TO WADA

IBF will report to WADA on IBF's compliance with the Code every second year and shall explain reasons for any non-compliance.

18. AMENDMENT AND INTERPRETATION OF ANTI-DOPING REGULATIONS

18.1 These anti-doping regulations may be amended from time to time by IBF Council.

18.2 Except as provided in Regulation 18.5, these anti-doping regulations shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

18.3 The headings used for the various Parts and Regulations of these anti-doping regulations are for convenience only and shall not be deemed part of the substance of these anti-doping regulations or to affect in any way the language of the provisions to which they refer.

18.4 The INTRODUCTION and the APPENDIX 1 DEFINITIONS shall be considered integral parts of these anti-doping regulations.

18.5 These anti-doping regulations have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code. The comments annotating various provisions of the Code may, where applicable, assist in the understanding and interpretation of these anti-doping regulations.

18.6 Notice to a Player or other Person who is a member of a Member Association may be accomplished by delivery of the notice to the Member Association.

18.7 These anti-doping regulations shall not apply retrospectively to matters pending before the date these anti-doping regulations came into effect.

APPENDIX 1 - DEFINITIONS

Adverse Analytical Finding. A report from a laboratory or other approved Testing entity that identifies in a Specimen the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the Use of a Prohibited Method.

Anti-Doping Organisation. A Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organisations that conduct Testing at their Events, WADA, International Federations, and National Anti-Doping Organisations.

Attempt. Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping regulation violation. Provided, however, there shall be no anti-doping regulation violation based solely on an Attempt to commit a violation if the Person renounces the attempt prior to it being discovered by a third party not involved in the Attempt.

Code. The World Anti-Doping Code.

Competition. A single race, match, game or singular athletic contest. For example, the finals of the Olympic 100-meter dash. For stage races and other athletic contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation.

Consequences of anti-doping regulation violations. A Player's or other Person's violation of an anti-doping regulation may result in one or more of the following: (a) Disqualification means the Playerís results in a particular Competition or Event are invalidated, with all resulting consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Player or other Person is barred for a specified period of time from participating in any Competition or other activity or funding as provided in Regulation 10.9; and (c) Provisional Suspension means the Player or other Person is barred temporarily from participating in any Competition prior to the final decision at a hearing conducted under Regulation 8 (Right to a Fair Hearing).

Disqualification. See Consequences of anti-doping regulation violations above.

Doping Control. The process including test distribution planning, Sample collection and handling, laboratory analysis, results management, hearings and appeals.

Event. A series of individual Competitions conducted together under one ruling body (eg, the Olympic Games, IBF World Championships, or Pan American Games).

In-Competition. For purposes of differentiating between In-Competition and Out-of-Competition Testing, unless provided otherwise in the rules of an International Federation or other relevant Anti-Doping Organisation, an In-Competition test is a test where a Player is selected for testing in connection with a specific Competition.

Independent Observer Program. A team of observers, under the supervision of WADA, who observe the Doping Control process at certain Events and report on observations. If WADA is testing In-Competition at an Event, the observers shall be supervised by an independent organisation.

Ineligibility. See Consequences of anti-doping regulation violations above.

International Event. An Event where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organisation, or another international sport organisation is the ruling body for the Event or appoints the technical officials for the Event.

International-Level Player. Players designated by one or more International Federations as being within the Registered Testing Pool for an International Federation.

International Standard. A standard adopted by WADA in support of the Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.

Major Event Organisations. This term refers to the continental associations of National Olympic Committees and other international multi-sport organisations that function as the ruling body for any continental, regional or other International Event.

Marker. A compound, group of compounds or biological parameters that indicates the Use of a Prohibited Substance or Prohibited Method.

Member Association. A national or regional entity which is a member of or is recognised by IBF as the entity governing badminton in that nation or region.

Metabolite. Any substance produced by a biotransformation process.

Minor. A natural Person who has not reached the age of majority as established by the applicable laws of the Personís country of residence.

National Anti-Doping Organisation. The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping regulations, direct the collection of Samples, the management of test results, and the conduct of hearings, all at the national level. If this designation has not been made by the competent public authority(ies), the entity shall be the country's National Olympic Committee or its designee.

National Event. A sport Event involving international or national-level Players that is not an International Event.

National Olympic Committee. The organisation recognised by the International Olympic Committee. The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area.

No Advance Notice. A Doping Control which takes place with no advance warning to the Player and where the Player is continuously chaperoned from the moment of notification through Sample provision.

No Fault or Negligence. The Player's establishing that the Player did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that the Player had Used or been administered the Prohibited Substance or Prohibited Method.

No Significant Fault or Negligence. The Player's establishing that the Playerís fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the anti-doping regulation violation.

Out-of-Competition. Any Doping Control which is not In-Competition.

Participant. Any Player or Player Support Personnel.

Person. A natural Person or an organisation or other entity.

Player. For purposes of Doping Control, any Person who participates in sport at the international level (as defined by each International Federation) or national level (as defined by each National Anti-Doping Organisation) and any additional Person who participates in sport at a lower level if designated by the Person's National Anti-Doping Organisation. For purposes of anti-doping information and education, any Person who participates in sport under the authority of any Signatory, government, or other sports organisation accepting the Code.

Player Support Personnel. Any coach, trainer, manager, agent, team staff, official, medical or para-medical personnel working with or treating Players participating in or preparing for sports competition.

Possession. The actual, physical possession, or the constructive possession (which shall be found only if the person has exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists); provided, however, that if the person does not have exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance/Method and intended to exercise control over it. Provided, however, there shall be no anti-doping regulation violation based solely on possession if, prior to receiving notification of any kind that the Person has committed an anti-doping regulation violation, the Person has taken concrete action demonstrating that the Person no longer intends to have Possession and has renounced the Person's previous Possession.

Prohibited List. The List identifying the Prohibited Substances and Prohibited Methods.

Prohibited Method. Any method so described on the Prohibited List.

Prohibited Substance. Any substance so described on the Prohibited List.

Provisional Hearing. For purposes of Regulation 7.5, an expedited abbreviated hearing occurring prior to a hearing under Regulation 8 (Right to a Fair Hearing) that provides the Player with notice and an opportunity to be heard in either written or oral form.

Provisional Suspension. See Consequences above.

Publicly Disclose or Publicly Report. To disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with Regulation 14.

Registered Testing Pool. The pool of top level Players established separately by each International Federation and National Anti-Doping Organisation who are subject to both In-Competition and Out-of-Competition Testing as part of that International Federation's or Organisation's test distribution plan.

Sample/Specimen. Any biological material collected for the purposes of Doping Control.

Signatories. Those entities signing the Code and agreeing to comply with the Code, including the International Olympic Committee, International Federations, International Paralympic Committee, National Olympic Committees, National Paralympic Committees, Major Event Organisations, National Anti-Doping Organisations, and WADA.

Tampering. Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly to alter results or prevent normal procedures from occurring.

Target Testing. Selection of Players for Testing where specific Players or groups of Players are selected on a non-random basis for Testing at a specified time.

Team Sport. A sport in which the substitution of players is permitted during a Competition.

Testing. The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.

Trafficking. To sell, give, administer, transport, send, deliver or distribute a Prohibited Substance or Prohibited Method to a Player either directly or through one or more third parties, but excluding the sale or distribution (by medical personnel or by Persons other than a Player's Support Personnel) of a Prohibited Substance for genuine and legal therapeutic purposes.

Use. The application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.

WADA. The World Anti-Doping Agency.

[1] Throughout WADAís documentation, the convention of placing defined terms in Italics is used. This convention is continued in the IBF anti-doping regulations (see Appendix 1).

[2] In the WADA Code the term ìAthleteî is used. For compatibility with the rest of IBFís statutes, this word has been changed in the IBF anti-doping regulations to ìPlayerî. ìPlayerî is synonymous with ìAthleteî wherever ìAthleteî appears in other WADA documentation.

[3] The Prohibited List in force is available on WADA's website at www.wada-ama.org

[4] ìTeamî in these Regulations does not mean ìpairî in doubles, but rather a team competition consisting of one or more matches in a tie, where the team winning most matches wins the tie (eg the Thomas, Uber or Sudirman Cups)

VERY IMPORTANT: TUE Application Questions and Answers

The following questions, in respect of TUE applications, were raised at the Team Managersí meeting during the World Junior Championships 2004 in Canada . Doctor Ashwin Patel, On-court Doctor appointed by IBF for this event, and a member of the IBF TUE Committee, made the following valid comments and answered questions raised:

It is the responsibility of team managers, coaches and team physicians to educate players with regard to understanding the importance of the TUE application process and doping in sport generally. Ignorance is not and cannot be an excuse!

Q1 Who needs to apply for a TUE certificate?

A1 Any player who has an IBF number and is (or will be) taking part in an IBF sanctioned event requires an IBF approved TUE certificate if he/she is taking any medication that, without a TUE, would constitute a doping violation.

Q2 How soon should a player apply for a TUE certificate?

A2 Players requiring a TUE should, except in emergency situations, forward a TUE application to the TUEC via Tina Jones at the IBF Secretariat (e-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or fax: +44 1242 221030) no later than 21 days before participating at an international event. In emergency situations, when TUE approval is required at short notice, cases will be dealt with on an individual basis. However, in the first instance, the Member Association, team manager, team physician or coach should contact the IBF Secretariat for instructions on how to proceed.

Q3 At what age does a player need a TUE certificate?

A3 Age is not important: Any player who has an IBF number and is (or soon will be) taking part in an IBF sanctioned event requires an IBF approved TUE certificate. However, players participating only at national level must apply for TUE approval from their own National Association.

Q4 Which medical conditions require a TUE certificate?

A4 Some common medical conditions that require a TUE certificate are:

1) Asthma sufferers being treated with either Beta 2 agonist or corticosteroids

2) Hay fever sufferers being treated with corticosteroid nose or eye drops

3) Player who have received a corticosteroid injection

4) Players suffering with Colitis that are on corticosteroid treatment

5) Any other medical condition whose treatment includes medication from the list of prohibited substances and cannot be treated with non-prohibited medication.

Q5 Why is a TUE certificate so important?

A5 If a player is selected for dope-testing and is unable to produce a TUE approval certificate, for a legitimate medical condition, then that player is at great risk of the test resulting in a prohibited substance being detected. TUE certificates will not be issued retrospectively and the player will face disciplinary action (please see Anti-Doping Regulation 10: Sanctions on Individuals).

Q6 What happens if a player does not have the required TUE certificate? Should the player be allowed to participate? Should the player be permitted to play knowing that he/she is taking prohibited substances?

A6 If the IBF appointed Doctor or Referee at an IBF sanctioned tournament suspects or knows for sure that a player does not have the required TUE certificate, then the player should be warned on the danger and risk of participating without a valid TUE certificate. In the case of an adverse analytical result the player will face a positive result management with appropriate disciplinary action.

Q7 What happens if, in spite advise from the IBF Doctor and/or Referee, the team manager and coach allows the player to participate?

A7 The player (on advice from the team manager and/or coach) must make the ultimate decision on whether or not to play. However the player should be reminded that he/she would be liable for the consequences. In the case of an adverse analytical result the normal process of result management will apply with appropriate disciplinary action. A TUE will not be considered for retroactive approval, except in an emergency situation or other exceptional circumstances as stated in article 8.4c of the TUE Standard.

TUE Abbreviated & Standard Application Forms (from IBF)

Last Updated ( Friday, 31 October 2008 )
 
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