Convention & Code on Trafficking

The International Convention against Doping in Sport formalizes the responsibilities of governments in the fight against the trafficking of doping substances.

This universal treaty specifies that governments have the responsibility to adopt measures to limit the availability of prohibited substances and methods in order to reduce their use by athletes (Article 8). In ratifying the Convention, public authorities commit themselves to the fight against the trafficking of doping substances, and to this end, take “measures to control production, movement, importation, distribution and sale.” Further, governments undertake to “encourage cooperation between anti-doping organizations, public authorities and sports organizations” in the global harmonization of the fight against doping in sport (Article 13).

As for the World Anti-Doping Code, the issue of trafficking is addressed in several articles. Among the possible “non-analytical” anti-doping rule violations, the Code lists “trafficking or attempted trafficking in any prohibited substance or prohibited method” (Article 2.7), which calls for a sanction of a minimum of four years and a maximum of life from sports activity (Article 10.3.2). The Code also stresses that measures should be taken by governments in several domains, including against the availability of prohibited substances and methods (Article 22).

Related Funded Research

The use of legislation in relation to controlling the production, movement, importation, distribution and supply of performance-enhancing drugs in sport (PEDS) by Barrie Houlihan and Borja Garcia.

The objective of the research was to look at the application of existing legislation by States Parties to the Convention and to identify the various legislative frameworks established around the world.

Governments, which are States Parties to the Convention, are obligated to adopt and implement measures to combat the manufacture and trafficking of performance enhancing drugs in sport as outlined in Article 8 of the Convention.

For governments who do not have legislation in place, in relation to Article 8, they are strongly urged to take action. The report, together with copies of legislation provided by some States Parties may provide some useful reference information for officials to work towards putting measures in place.