WADA confirms non-compliance of five Anti-Doping Organizations

The World Anti-Doping Agency confirms that, effective immediately, a total of five Anti-Doping Organizations (ADOs) have been declared non-compliant with the World Anti-Doping Code (Code).

The three National Anti-Doping Organizations (NADOs) and two International Federations (IFs) in question are:

• Deaf International Basketball Federation (DIBF);
• Democratic People’s Republic of Korea (DPRK) National Anti-Doping Organization (NADO);
• Indonesia NADO;
• International Gira Sports Federation (IGSF); and
• Thailand NADO.

In the cases of DIBF, IGSF and the Thailand NADO, the non-compliance is due to the lack of full implementation of the 2021 version of the Code within their legal system, either through their anti-doping rules (in the cases of DIBF and IGSF) or the country’s national legislation (in the case of the Thailand NADO, which chose to implement the Code through legislation). For the DPRK and Indonesia NADOs, the non-compliance is a result of non-conformities in implementing an effective testing program.

In addition, the NADOs of the German Community of Belgium, Montenegro and Romania have now drafted anti-doping rules that have been assessed by WADA as being in line with the 2021 Code. These NADOs have also provided a calendar for adoption of those rules within four months. Accordingly, WADA’s independent Compliance Review Committee (CRC) has requested that the Agency’s Executive Committee (ExCo) changes the previous recommendation of non-compliance by adding them to a ‘watchlist’, giving them an additional four months to correct their non-conformities as is allowed by Article 8.4.5 of the International Standard for Code Compliance by Signatories (ISCCS). The ExCo will consider this request and make its decision via circulatory vote, the outcome of which will then be announced publicly. Until that point, no consequences of non-compliance will apply to those three organizations.

These developments follow the decision of WADA’s ExCo, at its meeting of 14 September 2021, to endorse the recommendation of the CRC to assert these eight ADOs as non-compliant with the Code.

As per Article 9.4.5 of the ISCCS, on 15 September 2021, WADA sent these eight ADOs a formal notice of non-compliance. The ADOs had 21 days following the date of receipt of the formal notice to dispute WADA’s assertion of non-compliance, as well as the proposed consequences and/or the reinstatement conditions proposed by the Agency, in line with Article 10.3.1 of the ISCCS.

While the NADOs of the German Community of Belgium, Montenegro and Romania provided evidence that allows them now to be considered for the ‘watchlist’, none of the five ADOs listed above disputed WADA’s assertion of non-compliance, the proposed consequences of non-compliance or the proposed reinstatement conditions within 21 days. As a result, the assertion of non-compliance is deemed admitted and the conditions accepted. Accordingly, the formal notice sent to the ADOs on 15 September 2021 is now a final decision.

Consequences for DPRK, Indonesia and Thailand NADOs

As recommended by the CRC and approved by WADA’s ExCo, in accordance with Article 11 and Annex B.3.1 of the ISCCS, the following consequences are imposed on the DPRK, Indonesia and Thailand NADOs:

1. The Signatories lose their WADA privileges until reinstatement (ISCCS Annex. B.3.1(a)). This includes the following:
   1. The Signatories’ representatives are ineligible to hold any WADA office or any position as a member of any WADA board or committee or other body (including but not limited to membership of WADA’s Foundation Board, ExCo, Standing Committees, and any other committee);
   2. The Signatories are ineligible to host any event hosted or organized or co-hosted or co-organized by WADA;
   3. The Signatories are ineligible to participate in any WADA Independent Observer Program, WADA Outreach Program or other WADA activities; and
   4. The Signatories will not receive any WADA funding (either directly or indirectly) related to the development of specific activities or participation in specific programs.
2. The Signatories’ representatives will be ineligible to sit as members of the boards or committees or other bodies of any Signatory (or its members) or association of Signatories until the Signatory is reinstated or for a period of one year, whichever is longer (ISCCS Annex B.3.1 (d)).
3. The Signatories’ countries may not be awarded the right to host regional, continental or world championships, or events organized by Major Event Organizations, for the entire period of non-compliance (ISCCS Annex B.3.1(e.1)).
4. The Signatories’ countries’ flags will not be flown at regional, continental or world championships, or events, organized by Major Event Organizations, other than at the Olympic Games and Paralympic Games, for the next edition of that event or until reinstatement, whichever is longer (ISCCS Annex B.3.1(e.2)).

Additional consequence for DPRK and Indonesia NADO

The following additional consequence is applied to Democratic People’s Republic of Korea NADO and Indonesia NADO due to the non-compliance of their testing programs:

1. These Signatories’ activities related to their outstanding testing corrective actions will be subject to supervision by an approved third party, at the Signatories’ expense, including up to six site visits per year, with all costs to be paid in advance, where known (ISCCS Annex B.3.1 (c)).

Consequences for DIBF

Regarding the DIBF case, the following consequences apply:

1. This Signatory loses its WADA privileges until reinstatement (ISCCS Annex B.3.1(a)).
2. Representatives are ineligible to sit as members of the boards or committees or other bodies of any Signatory (or its members) or association of Signatories until the Signatory is reinstated or for one year, whichever is longer (ISCCS Annex B.3.1 (d)).
3. Representatives are excluded from participation in or attendance at, and the athletes and athlete support personnel participating in the International Federation’s (IF’s) sport (or in one or more disciplines of that sport) may be excluded from participation in or attendance at, regional, continental or international multisport events organized by Major Event Organizations (other than the Olympic Games and Paralympic Games) for the next edition of that event or until reinstatement, whichever is longer (ISCCS Annex B.3.1 (f.1)).
4. Representatives will be excluded from participation in or attendance at the Olympic Games and Paralympic Games and/or any other multi-sports event for the next edition of that event (summer or winter, where relevant) or until reinstatement, whichever is longer (ISCCS Annex B.3.1 (f.2)).

Consequences for IGSF

The IGSF has now been removed from the list of Code Signatories in line with the following consequence of its non-compliance:

1. Where the Signatory is an organization outside of the Olympic Movement, not recognized by the International Olympic Committee, and maintains its Signatory status under the applicable WADA policy, the Signatory’s status as a Signatory to the Code will be terminated, without any entitlement to reimbursement of any fees paid for such status (ISCCS Annex B.3.1 (h)).

Throughout this process, WADA will continue to provide guidance and support to the ADOs to solve their non-conformities.

WADA will also monitor the implementation of the consequences listed above by other Code Signatory organizations and may take compliance measures if a Signatory fails to implement them in full.