Since the 2015 World Anti-Doping Code (Code) came into effect on 1 January 2015, the anti-doping community has devoted much of its efforts towards implementing the 2015 Code and Standards in rules, regulations, legislation and programs. For this, WADA has provided guidance and assistance to Signatories.
To be ready for future challenges, in 2016, WADA shifted its focus to ensuring that Signatories have quality anti-doping programs in place; and, in keeping with strong demand from stakeholders, that their compliance be monitored rigorously. To do so, in 2016, WADA initiated development of an ISO9001:2015 certified Code Compliance Monitoring Program that was expanded in 2017. The Program, which represents the most thorough review of anti-doping rules and programs that has ever taken place, aims to reinforce athlete and public confidence in the standard of Anti-Doping Organizations’ (ADOs) work worldwide.
Program governance includes an external, independent Compliance Review Committee (CRC) and an internal Compliance Taskforce (Taskforce). The CRC provides expert advice, recommendations and guidance to WADA’s Executive Committee, Foundation Board and Taskforce on individual cases and compliance activities. The Taskforce consists of an internal working group of WADA staff from different departments and offices whose activities are centralized and coordinated. If any non-conformity is identified, the Taskforce facilitates an open dialogue with the Signatory concerned and recommends corrective actions. Support and assistance are provided to help the Signatory address all issues within an agreed timeframe.
The Program is made up of the following four components:
- Code Compliance Questionnaire (CCQ): The CCQ is a tool developed by WADA, in collaboration with stakeholders, to measure compliance of Signatories with the mandatory requirements of the World Anti-Doping Code (Code) and International Standards. In February 2017, WADA sent the online CCQ to 307 Code Signatories – International Federations (IFs) and National Anti-Doping Organizations (NADOs) – for completion and return. It asks Signatories to provide responses and data, within a three month deadline, to a series of questions related to: ADAMS, Budgeting and Reporting; Testing and Investigations; Results Management; Therapeutic Use Exemptions (TUE); Education; Data Privacy; and, Anti-Doping Organization (ADO) information.
Upon receipt of CCQs, WADA reviews them to develop Corrective Action Reports (CARs). CARs are designed to assist Signatories in enhancing their anti-doping programs on a priority basis through timelines provided for the implementation of corrective actions. The Signatory’s corrective actions are reviewed by the Taskforce before further action is taken.
- Audits: Due to the limitations of a self-assessment questionnaire, WADA is also conducting in-person audits of Signatories. The audits are being conducted by trained individuals from WADA and external experts in anti-doping. A key component of the audit is the corrective action process, through which the Signatory is given adequate timelines to implement (where required) improvements to their anti-doping program. As with the CCQ, the Signatory’s corrective actions are then reviewed by WADA’s Taskforce before further follow up, if needed. More information on Audits can be found here.
- Other Sources: While the CCQ and Audit Program are the two main tools being used by WADA to monitor and assess the quality of anti-doping programs and their subsequent compliance with the Code and International Standards, WADA uses other sources of information, such as: ADAMS; the Agency’s results management database; investigations; and, any other intelligence received to monitor Signatories’ compliance with the Code.
- Ongoing WADA Support: WADA continually provides Signatories with assistance and guidance in implementing and complying with the Code and International Standards, particularly as the Compliance Monitoring Program identifies areas for improvement.
The International Standard for Code Compliance by Signatories (ISCCS)
On 21 December 2017, WADA published:
- the new International Standard for Code Compliance by Signatories (ISCCS), which will take effect on 1 April 2018.
- the limited number of revised World Anti-Doping Code (Code) articles related to Code compliance, which the ISCCS necessitates – also effective 1 April 2018.
- a Policy for the Initial Application of the ISCCS by WADA, which entails WADA exercising the power given to it in the ISCCS to prioritize its compliance monitoring and enforcement efforts, by focusing on certain categories of Signatories, chosen based on objective factors identified within the ISCCS.
- a Legal Opinion by Judge Jean-Paul Costa, former President of the European Court of Human Rights (ECHR).Judge Costa provided his opinion, in his capacity as consultant to WADA, on the second draft of the ISCCS. Following adoption of the ISCCS by WADA’s Executive Committee and Foundation Board in November 2017, which incorporated his comments, Judge Costa wrote the addendum contained within his opinion.
The ISCCS, which was adopted by WADA’s Executive Committee in November 2017, will reinforce the Agency’s Code Compliance Monitoring Program. It was refined via a two-phase stakeholder consultation process that ran from 1 June to 14 October 2017 and was overseen by WADA’s independent Compliance Review Committee (CRC); during which, stakeholders were asked to comment on development of the ISCCS that outlines:
- Code Signatories’ rights and responsibilities;
- the ways WADA supports Signatories in achieving, maintaining and, where applicable, regaining Code compliance; and
- a range of graded, predictable and proportionate sanctions for cases of non-compliance by Signatories; and, a process for determining non-compliance and consequences.
With the Standard, Signatories worldwide will be held to the same high standards under the Code as is expected of athletes.
The current consequences for Code non-compliance can be found in the Compliance Q&A.
Procedure to be followed when compliance issues are identified
The following diagram illustrates the procedure to be followed when compliance issues are identified and the role of the various bodies involved:
Procedure to be followed when non-compliance issues are solved – “reinstatement”
When a non-compliant Signatory begins addressing its outstanding issue(s), the following process is followed that aims to result in the reinstatement of the Signatory:
For more information on the full Compliance process and activities, see the latest Compliance Q&A.