- What is "Code compliance"?
- Is Code compliance mandatory?
- What is WADA’s responsibility in relation to monitoring compliance with the Code?
- How does WADA proceed to monitor Code compliance?
- How frequently does WADA report on signatories’ compliance?
- What are the consequences of an official declaration of non-compliance by WADA’s Foundation Board?
Compliance with the World Anti-Doping Code (Code) — the document harmonizing regulations regarding anti-doping in all sports and all countries — is the situation in which an anti-doping organization (ADO) — an International Sport Federation (IF), a National Anti-Doping Organization (NADO), a Major Games Organizer, etc. — finds itself after completing a three-step process in relation to the Code.
Firstly, an ADO must accept the Code. By doing this, it agrees to the principles of the Code and agrees to implement and comply with the Code. Secondly, the ADO must implement the Code by amending its rules and policies to include mandatory articles and principles of the Code. These anti-doping rules must be submitted to WADA for review, in order for the rules to be pronounced in line with the Code. Lastly, the ADO must enforce its amended rules and policies in accordance with the Code.
The key objective of such harmony is for all athletes to benefit from strong and fair anti-doping policies and protections, that are the same for all, no matter the sport, the nationality or the country where tested.
Yes. In order to ensure efficiency of the harmonized fight against doping in sport and fairness for the athletes, compliance with the Code is mandatory for signatories of the Code, as stated in Article 23.2.1 of the Code: “The signatories shall implement applicable Code provisions through policies, statutes, rules or regulations according to their authority and within their relevant spheres of responsibility.”
The Code assigns WADA the responsibility of monitoring implementation and enforcement of the Code by its signatories. WADA achieves this in a number of ways. WADA assists ADOs by ensuring their anti-doping regulations are drafted in line with the Code and that these regulations are subsequently enforced in a Code compliant manner. WADA also helps establish Code compliant anti-doping organizations including through Regional Anti-Doping Organizations (RADOs) in areas of the world where resources are limited, for example.
As part of its monitoring responsibilities, WADA closely monitors doping cases and exercises its right of appeal (mainly before the Court of Arbitration for Sport — CAS) for cases under the jurisdiction of organizations that have implemented the Code.
WADA has been reviewing ADOs’ anti-doping rules since 2003 – most recently with regard to the latest version of the Code which took effect on 1 January 2015 – to check whether they are in line with the Code, and makes its own assessment of the situation of the various ADOs. In particular, WADA checks whether ADOs are implementing the Code into their own rules in relation to anti-doping rule violations, sanctions, WADA’s right of appeal, out-of-competition testing, and compliance with the International Standards (namely the Prohibited List, the International Standard for Testing, the International Standard for Therapeutic Use Exemption, and the International Standard for Data Protection).
In addition, WADA monitors the implementation of programs by ADOs, including through questionnaires sent to Signatories, review of available and collected information, and audits. WADA has committed significant resources to follow up with every signatory with the objective of assisting each of them achieve Code compliance.
WADA’s internal Compliance Taskforce reports to the Compliance Review Committee (CRC) – a WADA Standing Committee – as well as the Agency's Executive Committee and Foundation Board. The CRC is an independent, non-political committee tasked with providing independent advice, guidance and recommendations to WADA’s Management and Foundation Board on matters relating to Code compliance. WADA’s Foundation Board is the body that has authority to declare a Signatory non-compliant following advice from the CRC.
This Code compliance monitoring process is ISO-certified.
WADA's management reports on the implementation and enforcement of the Code by its signatories to the Agency’s Executive Committee and Foundation Board at each of their meetings. The CRC can provide recommendations of non-compliance. Situations of non-compliance are communicated to the International Olympic Committee, the International Paralympic Committee, International Federations and Major Event Organizations. This information is also made available to the public (Code Article 23.5.5).
Before reporting a Signatory non-compliant, WADA shall enter into discussion with the Signatory. The Signatory is also provided with the opportunity to submit its written arguments (Code Article 23.5.4).
6. What are the consequences of an official declaration of non-compliance by WADA’s Foundation Board? Up
The Code states that stakeholders — such as the International Olympic Committee (IOC), International Paralympic Committee (IPC), IFs, Major Event Organizers, etc. — who have jurisdiction to impose consequences on those who are declared non-compliant by WADA's Foundation Board, may do so. For example, the IOC amended its Olympic Charter in 2003 so that adoption and implementation of the Code by the Olympic Movement is mandatory and that only Code compliant sports can be part of the Olympic program.
Other consequences may include the ineligibility to bid to host events, cancellation of international events, and symbolic consequences.
At the WADA level, the Foundation Board approved a number of additional consequences of non-compliance at its November 2015 meeting through the WADA Statutes and a WADA Policy. These include representation in WADA’s Executive Committee, Foundation Board, ad hoc and standing committees; participation in WADA’s Independent Observer Missions and Outreach Programs; and the possibility for WADA to stop providing direct or indirect funding to non-compliant signatories.
The imposition of such consequences, as well as the declaration of non-compliance, may be appealed to CAS by the relevant ADO, under Articles 13.6 and 23.6 of the Code.
At their November 2017 meetings, the Executive Committee adopted the International Standard for Code Compliance by Signatories (ISCCS) and the Foundation Board adopted the associated amendments to a limited number of Code articles related to compliance. Both the ISCCS and the amendments to the Code will enter into force on 1 April 2018. The ISCCS sets a new legal framework for consequences of non-compliance. However, until 1 April 2018, the consequences described above continue to be applicable.