On ratification of the International
Convention against Doping in Sport
Law of the Republic of Kazakhstan dated December 7, 2009 № 220-IV
"Kazakhstanskaya Pravda" was from 09.12.2009, № 288 (26032), "Egemen
Kazakhstan" 2009 zhyl 2 zheltoksan № 410 (25809), "Official Gazette"
of 26.12.2009, the, № 52 (470) Bulletin the Parliament of Republic of
Kazakhstan, 2009, № 24 (2553), Art. 120
Ratify the International Convention against Doping in Sport, adopted
in Paris on 19 October 2005.
The President
of Kazakhstan
Nursultan Nazarbayev
INTERNATIONAL CONVENTION
AGAINST DOPING IN SPORT
Paris, October 19, 2005
The General Conference of the United Nations Educational,
Scientific and Cultural Organization, hereinafter referred to as
"UNESCO", at its 33rd session, held on 3-21 October 2005 in Paris,
Considering that the aim of UNESCO is to contribute to peace and
security by promoting collaboration among nations through education,
science and culture,
Referring to existing international instruments relating to human
rights,
Considering resolution 58/5, adopted by the General Assembly of
the United Nations, 3 November 2003 concerning sport as a means to
promote education, health, development and peace, in particular
paragraph 7,
Conscious that sport should play an important role in protecting
the health, moral, cultural, and physical education and in promoting
international understanding and peace,
Noting the need to encourage and coordinate international
cooperation for the elimination of doping in sport,
Expressing concern over the use of doping by athletes in sport and
its impact on their health, the principle of fair play, the
elimination of fraud and the future of sport,
Mindful that doping puts at risk the ethical principles and
educational values enshrined in the International Charter of Physical
Education and Sport of UNESCO and the Olympic Charter,
Recalling that the Anti-Doping Convention and the Additional
Protocol, adopted in the framework of the Council of Europe are the
instruments of public international law, on which the policies and of
intergovernmental cooperation in the fight against doping,
Recalling the recommendations on doping adopted by the Second,
Third and Fourth International Conference of Ministers and Senior
Officials Responsible for Physical Education and Sport, organized by
UNESCO in Moscow (1988), Punta del Este (1999 ) and Athens (2004), as
well as resolution 32 C / 9, adopted by the General Conference at its
32nd session (2003),
Taking into attention World Anti-Doping Code, adopted by the World
Anti-Doping Agency on 5 March 2003 in Copenhagen at the World
Conference on Doping in Sport, and the Copenhagen Declaration on AntiDoping in Sport
Also taking into account the impact that top athletes have on
young people,
Considering the need for expansion and ongoing research to improve
methods of detection of doping and better understanding of the factors
influencing its use, in order to maximize the effectiveness of
strategies for the prevention of doping,
Considering the importance of education on an ongoing basis
athletes, athlete support personnel and the general public on the
prevention of doping,
Taking into account the need to strengthen the capacity of members
to implement programs to combat doping
Considering that public authorities and organizations responsible
for sport have complementary functions for the prevention of doping in
sport and combat it, in particular to ensure the proper conduct of
sporting events based on the principle of fair play and the health of
their members,
Recognizing that these authorities and organizations must work
together to achieve these goals for maximum independence and
transparency at all appropriate levels,
Determined to take further and more active joint efforts to
eradicate doping in sport
Recognizing that the elimination of doping in sport depends partly
on the progressive harmonization of anti-doping standards and
practices in sport and the cooperation of the national and global
levels,
Adopts this Convention on the nineteenth of October 2005.
I. Scope of application
Article 1 - Purpose of the Convention
The purpose of this Convention in the policies and programs of
UNESCO in the field of physical education and sport is to promote the
prevention of doping in sport and combat it in its elimination.
Article 2 – Definitions
The following definitions should be interpreted in the context of
the Code. However, in case of conflict, the provisions of the
Convention advantage.
For the purposes of this Convention:
1. "Accredited doping control" means laboratories accredited by
the World Anti-Doping Agency.
2. "Anti-doping organization" means an entity 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 organizations holding major events and conduct
testing at their, World Anti-Doping Agency, international federations
and national anti-doping organizations.
3. "Doping violation" in sport means one or more of the following
offenses:
(a) the presence of a prohibited substance or its metabolites or
markers in a sample taken from the athlete;
(b) the use or attempted use of a prohibited substance or
prohibited method;
(c) refusing to take tests or failure to appear at sampling
without good cause after receiving notification in accordance with the
anti-doping rules or otherwise evading sample collection from;
(d) violation of applicable requirements regarding athlete
availability for competition testing, including failure to provide
required whereabouts information and missed tests which are assigned
based on reasonable rules;
(e) tampering or attempting to tamper, with any part of doping
control;
(f) possession of prohibited substances or methods;
(g) trafficking in any prohibited substance or prohibited method;
(h) administration or attempted administration of a prohibited
substance to any athlete, or the use or attempted use of a prohibited
method against him, or assisting, encouraging, aiding, abetting,
covering up or participation in any other form, related to the
violation or any attempted violation of anti-doping rules.
4. "Athlete" for the purposes of doping control, any person who
participates in sport at the international or national level, as
defined by each National Anti-Doping Organization and accepted by
States Parties, as well as any other person who participates in sport
or participating in a sporting event at a lower level, as recognized
by the States Parties. For the purposes of education and training
programs, "athlete" means any person who participates in sport under
the authority of a sports organization.
5. "Athlete support personnel" means any coach, trainer, manager,
agent, team staff, official, medical or paramedical personnel working
with athletes or treating athletes participating or preparing to
participate in a sporting event.
6. "Code" means the World Anti-Doping Code, adopted by the World
Anti-Doping Agency on 5 March 2003 in Copenhagen which is attached as
Appendix 1 to this Convention.
7. "Competition" means a single race, match, game or singular
athletic contest.
8. "Doping control" means the process including test distribution
planning, Sample collection and handling, laboratory analysis, results
management, hearings and appeals.
9. "Doping in sport" means the occurrence of violations of antidoping rules.
10. "Duly authorized doping control teams" means doping control
teams operating under the authority of international or national antidoping organizations.
11. "In-competition testing" for purposes of differentiating
between in-competition and out-test, if the rules of an International
Federation or other relevant Anti-Doping Organization as otherwise
provided, a test where an athlete is selected for testing in
connection with a specific competition.
12. "International Standard for Laboratories" means the standard
which is attached as Appendix 2 to this Convention.
13. "International Standard for Testing" means the standard which
is attached as Appendix 3 to this Convention.
14. "No advance notice" means a doping control which takes place
without prior warning to the athlete, which is continuously chaperoned
from the moment of notification through Sample provision.
15. "Olympic Movement" means all those who agree to be guided by
the Olympic Charter and who recognize the authority of the
International Olympic Committee, namely the international federations
of sports on the program of the Olympic Games, the National Olympic
Committees, the Organizing Committees of the Olympic Games, athletes,
judges and referees, associations and clubs, as well as all
organizations and institutions recognized by the International Olympic
Committee.
16. "Non-competition" doping control means any doping control
which is not conducted in competition.
17. "Prohibited List" means the list which appears in Annex I to
the Convention, in which the prohibited substances and prohibited
methods.
18. "Prohibited method" means any method so described on the
Prohibited List, which is included in Annex I to this Convention.
19. "Prohibited substance" means any substance so described on the
Prohibited List, which is included in Annex I to the Convention.
20. "Sports organization" means any organization that serves as
the body that sets the rules of the event for one or several sports.
21. "Standards for Granting Therapeutic Use Exemptions" means
those standards that appear in Annex II to this Convention.
22. "Testing" means the parts of the Doping Control process
involving test distribution planning, Sample collection, handling and
sample transport to the laboratory.
23. "Therapeutic Use Exemption" means an exemption granted in
accordance with the Standards for Granting Therapeutic Use Exemption.
24. "Use" means the application, ingestion, injection or
consumption by any means whatsoever of any Prohibited Substance or
Prohibited Method.
25. "World Anti-Doping Agency" (WADA) means the fund of that name
established under Swiss law on 10 November 1999.
Article 3 - Means to achieve the objectives of the Convention
To achieve the objective of the Convention, States Parties
undertake:
(a) at the national and international levels, appropriate
measures, consistent with the principles of the Code;
(b) encourage all forms of international cooperation aimed at
protecting athletes and ethics in sport and sharing the results of
research;
(c) to promote international cooperation between States Parties
and leading organizations in the fight against doping in sport, in
particular with the World Anti-Doping Agency.
Article 4 - Relationship of the Convention with the Code
1. In order to coordinate the fight against doping in sport at
national and international level, States Parties commit themselves to
the principles of the Code as the basis for the measures provided for
in Article 5 of the Convention. Nothing in this Convention shall
prevent States Parties other measures in addition to the Code.
2. Code and the most recent version of Appendices 2 and 3 are for
information purposes and are not an integral part of this Convention.
Appendices as such do not create the States Parties any international
legal obligations.
3. Notes are an integral part of this Convention.
Article 5 - Measures to achieve the objectives of the Convention
Fulfilling the obligations set out in this Convention, each State
Party undertakes to take appropriate measures. These measures may
include legislation, regulation, policies or administrative practices.
Article 6 - Relationship with other international instruments
This Convention does not alter the rights and obligations of
States Parties which arise from other agreements previously concluded
with the object and purpose of the Convention. This does not affect
the enjoyment by other States Parties of their rights or the
performance of their obligations under this Convention.
II. Efforts to combat doping at the national level
Article 7 - Domestic coordination
States Parties shall ensure the application of this Convention,
by, in particular, domestic coordination. To fulfill its obligations
under this Convention, States Parties may use the
organizations and sports institutions and organizations.
anti-doping
Article 8 - Restricting the availability of prohibited substances
and methods and their use in sport
1. States Parties shall, where appropriate, measures to restrict
the availability of prohibited substances and methods in order to
restrict their use by athletes in the sport, except where such use is
based upon a therapeutic use exemption. These include measures to
control the spread of prohibited substances and methods among athletes
and, therefore, measures to control the production, movement,
importation, distribution and sale.
2. States Parties shall take measures to prevent and limit the use
by athletes of prohibited substances and methods in sport and
possession, except when they are used with the authorization of their
therapeutic use, or, where appropriate, to encourage the adoption of
such measures relevant entities, under their jurisdiction.
3. No measures taken in accordance with this Convention shall not
prevent the availability for legitimate purposes of substances and
methods that are otherwise prohibited or controlled in sport.
Article 9 - Measures against athlete support personnel
States parties must themselves or encourage sports organizations
and anti-doping organizations to adopt measures, including sanctions
or penalties against athlete support personnel in violation of antidoping rule or other offense connected with doping in sport.
Article 10 - Nutritional Supplements
States Parties shall, where appropriate, to encourage producers
and distributors of nutritional supplements to establish best
practices
in
the
marketing
and
distribution
of
nutritional
supplements, including information on their chemical composition and
quality assurance.
Article 11 - Financial Measures
States Parties shall, where appropriate:
(a) provide funding within their respective budgets to support
national testing program across all sports or assist sports
organizations and anti-doping organizations in financing doping
controls in the form of direct subsidies or grants, or by recognizing
the costs of such controls when determining the overall subsidies or
grants provided by those organizations;
(b) Take steps to withhold sport-related financial support to
individual athletes or athlete support personnel who have been
suspended following an anti-doping rule violation, during the period
of their suspension;
(c) withhold some or all financial or other sport-related support
from any sports organization or anti-doping organization, which does
not comply with the Code or applicable anti-doping rules in the Code.
Article 12 - Measures to facilitate doping controls
States Parties shall, where appropriate:
(a) promote and support sports organizations and anti-doping
organizations
within
their
jurisdiction
of
doping
control
in
accordance with the Code, including proactive monitoring, noncompetition and in-competition testing;
(b)
Encourage
and
facilitate
the
negotiation
by
sports
organizations and anti-doping organizations of agreements permitting
their members to be tested by duly authorized doping control teams
from other countries;
(c) undertake to assist their jurisdiction sports organizations
and anti-doping organizations to gain access to an accredited doping
control laboratory for testing for doping control.
III. International cooperation
Article 13 - Cooperation between anti-doping organizations and
sports organizations
States Parties shall promote cooperation between anti-doping
organizations, public authorities and sports organizations within
their jurisdiction and those organizations and agencies under the
jurisdiction of other States Parties in order to achieve the
internationally agreed development goals of the Convention.
Article 14 - Supporting the mission of the World Anti-Doping
Agency
States Parties undertake to support WADA in the important mission
to the international fight against doping.
Article 15 - Equal funding of the World Anti-Doping Agency
States parties to support the principle of equal funding of public
authorities and the Olympic Movement approved annual core budget of
the World Anti-Doping Agency.
Article 16 - International cooperation in the field of doping
control
Recognizing that the fight against doping in sport can only be
effective if the athletes be tested without notice and timely
transportation of samples to laboratories for analysis, States Parties
shall, where appropriate and in accordance with domestic law and
procedures:
(a) subject to the relevant regulations of the host countries
assist WADA and anti-doping organizations, acting in accordance with
the Code, and in the conduct of competitive-competition doping
controls on their athletes both on its territory and abroad;
(b) assist in the timely movement across borders of duly
authorized doping control teams for events Doping Control;
(c) cooperate to expedite the timely shipping or carrying across
borders of samples in such a way as to ensure their safety and
security;
(d) assist in the international coordination of doping controls by
various anti-doping organizations, and cooperate to this end with the
World Anti-Doping Agency:
(e) promote cooperation between doping control laboratories within
their jurisdiction and those laboratories under the jurisdiction of
other States Parties. In particular, States Parties with accredited
doping control laboratory should facilitate assistance to laboratories
within their jurisdiction of other States Parties in order to enable
them to acquire the experience, skills, and learn the necessary
methodology to create their own laboratories, if they so desire;
(f) encourage and support reciprocal testing arrangements between
designated in accordance with the Code anti-doping organizations;
(g) mutually recognize the doping control procedures and results
management, including the sport sanctions thereof, of any anti-doping
organization in accordance with the Code.
Article 17 - Voluntary Fund
1. A "Fund for the Elimination of Doping in Sport", hereinafter
referred to as "the Voluntary Fund." Voluntary Trust Fund shall
consist of funds raised in accordance with the Financial Regulations
of UNESCO. All contributions of the participants, as well as other
parties are voluntary.
2. The Voluntary Fund shall consist of:
(a) contributions made by States Parties;
(b) contributions, gifts or bequests which may be made available:
(i) other States;
(ii)
organizations
and
programs
of
the
United
Nations,
particularly the United Nations Development Programme United Nations
and other international organizations;
(iii) public or private organizations or individuals;
(c) any interest due on the resources of the Voluntary Fund;
(d) funds raised through collections and donations of activities
in favor of the Voluntary Fund;
(e) any other resources authorized by the Voluntary Fund, to be
developed by the Conference of Parties.
3. Contributions of States Parties to the Voluntary Fund is not
considered to be a replacement for States Parties to pay their share
of the annual budget of the World Anti-Doping Agency.
Article 18 - Use of the Voluntary Fund and its management
The Voluntary Fund allocated by the Conference of the Parties for
the funding of its activities, in particular to assist States Parties
to develop and implement anti-doping programs in accordance with the
provisions of this Convention and consistent with the purposes of the
World Anti-Doping Agency, and can be used to cover costs associated
with implementation of this Convention. Voluntary Fund may be attached
to No political, economic or other conditions.
IV. Education and training
Article 19 - General principles of education and training
1. States Parties undertake, within their means, to support,
develop and implement education and training programs on anti-doping.
For the sporting community in general, these programs should aim to
provide updated and accurate information on the following:
(a) the harm of doping to the ethical values of sport;
(b) effects of doping on health.
2. For athletes and athlete support personnel, especially at the
beginning of their training, these programs should aim to provide
updated and accurate information on the following:
(a) doping control procedures;
(b) the rights and responsibilities of athletes in regard to antidoping, including information about the Code and the anti-doping
policies of the relevant sports organizations and anti-doping
organizations, including the impact of anti-doping rule violation;
(c) list of prohibited substances and methods, as well as the
therapeutic use of prohibited substances;
(d) nutritional supplements.
Article 20 - Professional codes of conduct
States Parties shall promote the development and implementation of
the relevant competent professional associations and institutions to
appropriate codes of conduct, good practice and ethics related to the
fight against doping in sport that are consistent with the Code.
Article 21 - Involvement of athletes and athlete support personnel
States Parties shall promote and, within their means, support
active participation by athletes and athlete support personnel in all
aspects of anti-doping work of sports and other relevant organizations
and encourage sports organizations within their jurisdiction.
Article 23 - Cooperation in the field of education and training
States Parties shall cooperate with each other and with relevant
organizations to share, where appropriate, information, expertise and
experience on effective anti-doping programs.
V. Research
Article 24 - Promotion of research in anti-doping
States Parties undertake, within their means, to encourage and promote antidoping research in cooperation with sports and other relevant organizations
on:
(a) prevention and detection methods, behavioral and social aspects, and the
effects of doping on health;
(b) ways and means of developing scientific programs of the physiological
and psychological training, without harm to the person;
(c) the
progress.
use
of
new
substances
and
methods
resulting
from
scientific
Article 25 - The characteristics of anti-doping research
With the assistance of anti-doping research, as set out in Article 24, States
Parties shall ensure that such research will:
(a) in accordance with internationally recognized ethical practices;
(b) avoid the administration
prohibited methods;
to
athletes
of
(c) only with adequate safeguards to prevent
research results and their use for doping.
prohibited
substances
the
of
misuse
and
anti-doping
Article 26 - Sharing the results of anti-doping research
Subject to compliance with the national legislation and international law,
States Parties shall, where appropriate, share the results of anti-doping
research with other States Parties and the World Anti-Doping Agency.
Article 27 - Scientific research in the field of sport
States Parties shall:
(a) conduct scientific and medical research
accordance with the principles of the Code;
in
the
field
of
sport
in
(b) conduct within their jurisdiction to sports organizations and athlete
support personnel of scientific research in the field of sport in accordance
with the principles of the Code.
VI. Monitoring of the Convention
Article 28 - Conference of Parties
1. Conference of the Parties is hereby established. Conference of the Parties
is the supreme body of the Convention.
2. Regular sessions of the Conference of the Parties shall, as a rule, every
two years. It may meet in extraordinary session if it so decides or if the
request of at least one third of the States Parties.
3. At the Conference of the Parties, each State Party shall have one vote.
4. The Conference of Parties shall adopt its own rules of procedure.
Article 29 - Advisory organization and observers
to the Conference of Parties
World Anti-Doping Agency shall be invited to the Conference of the Parties as
an
advisory
organization.
The
International
Olympic
Committee,
the
International
Paralympic
Committee,
the
Council
of
Europe
and
the
Intergovernmental Committee for Physical Education and Sport (CIGEPS) shall
be invited as observers. Conference of the Parties may decide to invite other
relevant organizations as observers.
Article 30 - Functions of the Conference of Parties
1. Addition to those in other provisions of this Convention, the functions of
the Conference of Parties shall be to:
(a) promote the purpose of this Convention;
(b) discuss the relationship with the World Anti-Doping Agency and study the
mechanisms of funding annual core budget of the Agency. States not party to
the Convention, may be invited to participate in the discussion;
(c) adopt a plan for the use of the Voluntary Fund, in accordance with
Article 18;
(d) consideration of reports submitted by States parties under article 31;
(e) review on an ongoing basis, the monitoring of compliance with this
Convention in the light of the development of anti-doping systems, in
accordance with Article 31. Any monitoring mechanisms or measures that go
beyond the scope of Article 31 shall be financed from the Voluntary Fund
established in accordance with Article 17;
(f) consideration of amendments to the Convention for adoption;
(g) consideration of amendments to the Prohibited List and the Standards for
Granting Therapeutic Use Exemptions adopted by the World Anti-Doping Agency,
for approval, in accordance with Article 34;
(h) define and implement cooperation between States Parties and the World
Anti-Doping Agency in the framework of this Convention;
(i) from the World Anti-Doping Agency a request for a
implementation of the Code for consideration at each session.
report
on
the
2. In performing its functions, the Conference of the parties can cooperate
with other intergovernmental bodies.
Article 31 - Reports by States Parties submitted to the Conference the
Parties
States parties every two years to the Conference of Parties through the
Secretariat at one of the official languages of UNESCO, all relevant
information on measures taken to implement the provisions of this Convention.
Article 32 - Secretariat of the Conference of Parties
1. Secretariat of the Conference of the parties provided by the Director
General of UNESCO.
2. At the request of the Conference of the Director-General of UNESCO to the
maximum extent uses the services of the World Anti-Doping Agency on terms
agreed by the Conference of the Parties.
3. Operating expenses related to the Convention, to be funded from the
regular budget of UNESCO within existing resources at an appropriate level,
the Voluntary Fund established under Article 17, or by their respective
combination thereof as determined every two years. Secretariat funding from
the regular budget done on a strictly minimal basis on the understanding
that, in support of the Convention will also be voluntary funding.
4. The Secretariat shall prepare the documentation for the Conference of the
Parties and the provisional agenda of its meetings, and ensures the
implementation of its decisions.
Article 33 - Amendments to the Convention
1. Each State Party may, by written communication addressed to the DirectorGeneral, propose amendments to this Convention. The Director-General shall
circulate such communication to all States Parties. If within six months from
the date of dispatch of communication, at least half of the States Parties
give their consent, the Director General shall submit such proposals to the
next session of the Conference of Parties.
2. Amendments adopted by the Conference of Parties with a two-thirds vote of
those present and voting, the States Parties.
3. Amendments to this Convention adopted, to States Parties for ratification,
acceptance, approval or accession.
4. In respect of States Parties which have ratified, accepted, approved an
amendment to this Convention or acceded to them, they come into force three
months after the deposit of the instruments referred to in paragraph 3 of
this Article by two-thirds of the participants. Thereafter, for each State
Party that ratifies, accepts, approves or accedes to, the said amendment
shall enter into force three months after the date of deposit by that State
Party of its instrument of ratification, acceptance, approval or accession.
5. A State which becomes a Party to this Convention after the entry into
force of amendments in accordance with paragraph 4 of this Article shall,
failing an expression of different intention, be considered:
(a) a Party to this Convention as amended by the way, as amended;
(b) a Party to this Convention without amending it in relation to any State
Party not bound by the amendments.
Article 34 - Specific amendment procedure
for the Annexes to the Convention
1. If the World Anti-Doping Agency modifies the Prohibited List or the
Standards for Granting Therapeutic Use Exemptions, it may, by written
communication addressed to the Director-General of UNESCO, to inform him
about the changes. The Director-General shall notify all States Parties of
the changes as proposed amendments to the annexes to the Convention.
Amendments to applications approved by the Conference of the parties at one
of its sessions or through a written consultation.
2. States Parties have 45 days from the date of notification by the Director
to express their objection to the proposed amendment either in writing to the
Director General, in the case of written consultation, or at a session of the
Conference of the Parties. The proposed amendments shall be made by the
Conference of the Parties, if two thirds of the States Parties express their
objection.
3. The Director-General shall notify the parties of the amendments adopted by
the Conference of Parties. They shall enter into force 45 days after that
notification, but not in respect of a State Party that has previously
notified the Director-General that it does not accept these amendments.
4. The State Party has notified the Director-General that it does not accept
the amendment adopted in accordance with the preceding paragraphs remains
bound by the applications without amendments thereto.
VII. Final provisions
Article 35 - Federal or non-unitary constitutional systems
In respect of States Parties which have
constitutional system, the following provisions:
a
federal
or
non-unitary
(a) in respect of the provisions of this Convention, the implementation of
which comes under the legal jurisdiction of the federal or central
legislative power, the federal or central government shall be the same
obligations as the States Parties which are not federal States;
(b) in respect of the provisions of this Convention, the implementation of
which comes under the jurisdiction of individual constituent States,
countries,
provinces
or
cantons
which
are
in
accordance
with
the
constitutional system of the federation are not obliged to take legislative
measures, the federal government shall inform the competent authorities of
such States, provinces or cantons of the said provisions, with its
recommendation for their adoption.
Article 36 - Ratification, acceptance, approval or accession
This Convention is subject to ratification, acceptance, approval or accession
by Member States of UNESCO in accordance with their respective constitutional
procedures. The instruments of ratification, acceptance, approval or
accession shall be deposited with the Director-General of UNESCO.
Article 37 - Entry into force
1. This Convention shall enter into force on the first day of the month
following the expiration of the one-month period from the date of deposit of
the thirtieth instrument of ratification, acceptance, approval or accession.
2. For any State which subsequently expresses its consent to be bound by the
Convention, it shall enter into force on the first day of the month following
the expiration of the one-month period from the date of deposit of the
instrument of ratification, acceptance, approval or accession.
Article 38 - Extension of Convention on the territory
1. Any State may, when depositing its instrument of ratification, acceptance,
approval or accession, specify the territory or territories for whose
international relations it is responsible and to which the Convention
applies.
2. Any State Party may, at a later stage in a statement addressed to UNESCO,
extend this Convention to any other territory specified in the declaration.
In respect of such territory the Convention shall enter into force on the
first day of the month following the expiration of the one-month period from
the date of receipt of such declaration by the depositary.
3. Any declaration made under the two preceding paragraphs may be withdrawn
in respect of any territory specified in such declaration, by notification
addressed to UNESCO. The withdrawal shall become effective on the first day
of the month following the expiration of the one-month period from the date
of receipt of such notification by the depositary.
Article 39 – Denunciation
Any State Party may denounce the present Convention. The denunciation shall
be in writing in a document deposited with the Director-General of UNESCO.
Denunciation shall take effect on the first day of the month following the
expiration of six months from the date of receipt of the instrument of
denunciation. It shall in no way affect the financial obligations of the
State Party to the effective date of the withdrawal.
Article 40 – Depositary
Depositary of this Convention and amendments thereto Matsuura said. As
depositary of the Director-General shall inform the States Parties to this
Convention, as well as other states - members of the Organization of:
(a) the deposit of any instrument of ratification, acceptance, approval or
accession;
(b) the date of entry into force of this Convention in accordance with
Article 37;
(c) any report prepared in accordance with the provisions of Article 31;
(d) any amendment to the Convention or to the Annexes adopted in accordance
with Articles 33 and 34 and the date of entry into force of the amendment;
(e) any declaration or notification made under the provisions of Article 38;
(f) any notification made in accordance with the provisions of Article 39
and the date on which the denunciation takes effect;
(g) any other
Convention.
act,
notification
or
communication
relating
to
this
Article 41 – Registration
In accordance with Article 102 of the Charter of the United Nations, this
Convention shall be registered by the United Nations at the request of the
Director-General of UNESCO.
Article 42 - Authentic texts
1. This Convention, including its Annexes, in English,
Russian and Spanish, the six texts being equally authentic.
Arabic,
Chinese,
2. Appendices to this Convention in English, Arabic, Chinese, Russian and
Spanish.
Article 43 – Reservations
No reservations
Convention.
may
be
incompatible
with
the
object
and
purpose
of
the
Appendix I - The Prohibited List - International Standard
Appendix II - Standards for Granting Therapeutic Use
Appendix 1 - The World Anti-Doping Code
Appendix 2 - International Standard for Laboratories
Appendix 3 - International Standard for Testing
APPENDIX I
WORLD
ANTI-DOPING
AGENCY
WORLD ANTI-DOPING CODE
PROHIBITED LIST 2008
INTERNATIONAL STANDARD
This List shall come into force on January 1, 2008
2008 PROHIBITED LIST WORLD ANTI-DOPING CODE
Effective from January 1, 2008
The use of any drug should be limited to medically
SUBSTANCES AND METHODS PROHIBITED AT ALL TIMES(IN, and in-competition PERIOD)
PROHIBITED SUBSTANCES
S1. ANABOLIC AGENTS
Anabolic agents are prohibited.
S1.1. ANABOLIC ANDROGENIC ATEROIDS (AAS)
(a) Exogenous * AAS, including:
1-androstenediol
(5a-androst-1-en-3b,
17b-diol),
1-androstenedione
(5a-androst-1-ene-3 ,17-dione); bolandiol (19 norandrostendiol) bolasteron,
boldenone, boldion (androst-1 ,4-diene-3 ,17-dione); kalyusteron; klostebol,
danazol
(17a-ethynyl-17b-hydroxyandrost-4-eno
[2,3-d]
isoxazole)
дегидрохлорметилтестостерон (4-chloro-17b -hydroxy-17a-metilandrosta-1 ,4diene-3-one); dezoksimetiltestosteron (17a-methyl-5a-androst-2-ene-17b-ol);
drostanolone; ethylestrenol (19-nor-17a-pregna-4 -en-17-ol), fluoxymesterone,
formebolone;
fyurazabol
(17b-hydroxy-17a-methyl-5a-androstan
[2,3-c]
fyurazan) gestrinone, 4-gidroksitestosteron (4,17 b-digidroksiandrost-4- en3-one); mestanolon, mesterolone, methenolone, Methandienone (17b-hydroxy-17ametilandrosta-1 ,4-diene-3-one); methandriol; metasteron (2a, 17a-dimethyl5a-androstan-3- he-17b-ol); metildienolon (17b-hydroxy-17a-methylestr-4 ,9diene-3-one) methyl-1-testosterone (17b-hydroxy-17a-methyl-5a-androst-1-en3-one);
metilnortestosteron
(17b-hydroxy-17a-methylestr-4-en-3-one);
metiltrienolon
(17b-hydroxy-17a-methylestr-4
,9,11-triene-3-one);
methyltestosterone; miboleron , nandrolone, 19-norandrostendion (estr-4-ene-3
,17-dione);
norboleton;
norklostebol;
norethandrolone;
oksabolon,
oxandrolone, oksimesteron; oxymetholone; prostanozol ([3,2-c] pyrazole-5a-17b
etioalloholan
-tetragidropiranol)
kinbolon;
stanozolol;
stenbolon,
1testosterone
(17b-hydroxy-5a-androst-1-en-3-one);
trenbolone
and
other
substances with a similar chemical structure or similar biological effect.
(b) Endogenous ** AAS:
androstenediol (androst-5-en-3b, 17b-diol), androstenedione (androst4-ene-3,17-dione),
dihydrotestosterone
(17b-hydroxy-5a-androstan-3-one);
prasterone (dehydroepiandrosterone, DHEA ), testosterone,
and the following metabolites and isomers:
5a-androstane-3a, 17a-diol, 5a-androstane-3a, 17b-diol, 5a-androstane3b,
17a-diol,
5a-androstane-3b,
17b-diol,
androst-4-ene-3a,
17a-diol,
androst-4-ene-3a, 17b-diol, androst-4-en-3b, 17a-diol, androst-5-ene-3a, 17adiol,
androst-5-ene-3a,
17b-diol,
androst-5-en-3b,
17a-diol,
4androstenediol (androst-4-en-3b, 17b-diol), 5-androstenedione (androst-5 ene-3,17-dione), epi-dihydrotestosterone, 3a-hydroxy-5a-androstan-17-one; 3bhydroxy-5a-androstan-17-one, 19-norandrosteron; 19 noretioholanolon.
Where an anabolic androgenic steroid is capable of being produced
endogenously, a Sample will be deemed to contain such Prohibited Substance
and will be reported as an Adverse Analytical Finding, where the
concentration of such Prohibited Substance or its metabolites or markers and
/ or the relevant ratio in athlete's Sample so deviates from the range of
values normally found in humans that it is unlikely to be consistent with
normal endogenous production. Sample shall not be deemed to contain a
Prohibited Substance, where an Athlete proves that the concentration of the
Prohibited Substance or its metabolites or markers and / or the relevant
ratio in the Athlete's Sample is attributable to a physiological or
pathological condition.
In all cases and at all concentrations will be considered that the
Athlete's sample contain a Prohibited Substance and the laboratory will
report an Adverse Analytical Finding if, based on any reliable analytical
method (eg IRMS), it can show that the Prohibited Substance is of exogenous
origin. In such case, no further investigation is necessary.
When there is no deviation of the concentration of the range of values
normally found in humans that the application of any reliable analytical
method (eg IRMS), do not set the exogenous origin of the substance, but if
there are indications, such as a comparison to endogenous steroid profiles,
of a possible , involved the use of a prohibited substance, or when the
laboratory has reported a ratio of testosterone to epitestosterone more than
4 to 1, and any reliable analytical method (eg IRMS) has not determined the
exogenous origin of the substance, relevant Anti-Doping Organization shall
conduct a further investigation by examining the results of any previous
tests or conduct further tests.
When you want a further investigation, the laboratory results are
reported as atypical and not as adverse. If as a result of an additional
reliable analytical method (eg IRMS) the laboratory has reported that the
Prohibited
Substance
is
of
exogenous
origin,
no
need
for
further
investigation and proof deemed to contain such Prohibited Substance.
Unless an additional reliable analytical method (eg IRMS), and there
are no results for at least three previous test, a longitudinal profile of
the Athlete for a long time through relevant anti-doping organization,
without prior notice of three tests in the three month period. The results,
which led to the study of steroid profile for a long time, reported as
atypical. If, within the longitudinal profile of the Athlete established by
the subsequent tests is not physiologically normal, the result is reported as
an Adverse Analytical Finding.
In extremely rare individual cases, the urine at very low nanograms
per milliliter (ng / ml) can be consistently found boldenone of endogenous
origin. If the laboratory has reported a very low concentration of boldenone
and application of any reliable analytical method (eg IRMS) has not
determined the exogenous origin of the substance, further investigation may
be conducted on the basis of subsequent tests.
Mention reported by a laboratory Adverse Analytical Finding substance
as norandrosteron-19, considered to be scientific and valid proof of
exogenous origin of a Prohibited Substance. In this case there is no need for
further investigation.
Should an Athlete fail to cooperate in the investigations,
Athlete's Sample shall be deemed to contain a Prohibited Substance.
the
S1.2. Other Anabolic Agents (the list is not exhaustive)
Clenbuterol, selective androgen receptor modulators (SARMs), tibolone,
zeranol, zilpaterol.
In this section:
* "Exogenous" refers to a substance that can not
produced by the body;
** "Endogenous" refers to a substance that can
produced by the body.
S2. HORMONES AND RELATED SUBSTANCES
The following substances and their releasing factors:
1. Erythropoietin (EPO);
2. growth hormone (hGH), insulin-like growth factors (eg IGF-1),
Mechano Growth Factors (IRF);
3. gonadotropins (eg LH, hCG) - are prohibited in males only;
4. insulin;
5. corticotropin
and other substances
biological effect.
with
a
similar chemical
structure or
similar
If the athlete does not demonstrate that the concentration due to a
physiological or pathological condition, a Sample will be deemed to contain a
prohibited substance listed in the list above, the concentration of the
Prohibited Substance or its metabolites or markers and / or the relevant
ratio in the Athlete's Sample exceed the range of values normally found in
humans that it is unlikely to be consistent with normal endogenous
production.
If the reliable method of laboratory reports that the Prohibited
Substance is of exogenous origin, the Sample will be deemed to contain a
Prohibited Substance and will be reported as an Adverse Analytical Finding.
S3. BETA-2 AGONISTS
All beta-2 agonists including their D-and L-isomers.
Exception, formoterol, salbutamol, salmeterol and terbutaline,
when administered by inhalation, require an abbreviated Therapeutic Use
simplified procedure.
Regardless of whether the athlete has received Therapeutic Use
Exemption, a concentration of salbutamol (free plus glucuronide) greater than
1000 ng / mL, will be reported as an Adverse Analytical Finding unless the
Athlete proves that this is the consequence of the therapeutic use inhaled
salbutamol.
S4. HORMONE ANTAGONISTS AND MODULATORS
The following classes:
1.
aromatase
inhibitors,
including
anastrozole,
aminoglutethimide, exemestane, formestane, testolactone
2.
Selective
Estrogen
raloxifene, tamoxifen, toremifene
Receptor
Modulators
(SERMs),
letrozole,
including
3. Other anti-estrogenic substances including, clomiphene cyclofenil,
fulvestrant;
4.
Agents
inhibitors, etc.
modifying
myostatin
functions,
including
myostatin
S5. DIURETICS AND OTHER MASKING AGENTS
Masking agents are prohibited. They include:
Diuretics *, epitestosterone, probenecid, alpha-reductase inhibitors (eg
finasteride,
dutasteride),
plasma
expanders
(eg
albumin,
dextran,
hydroxyethyl starch) and other substances with similar biological effect.
diuretics:
acetazolamide, amiloride, bumetanide, canrenone, chlorthalidone,
etacrynic acid, furosemide, indapamide, metolazone, spironolactone, thiazides
(eg bendroflumethiazide, chlorothiazide, hydrochlorothiazide), triamterene,
and other substances with a similar chemical structure or similar biological
effect
(except
drosperinone
which
is
not
allowed).
* A Therapeutic Use Exemption
not valid if an Athlete's urine contains a diuretic in
association with
Threshold or sub-threshold levels of a Prohibited Substance.
PROHIBITED METHODS
M1. ENHANCEMENT OF OXYGEN TRANSFER
The following are prohibited:
1. Blood doping, including the use of autologous,
heterologous blood or red blood cell products of any origin,
homologous
or
2. Artificially enhancing the uptake, transport or delivery of oxygen,
in particular to perfluorochemicals, use efaproksirala (RSR13) and modified
hemoglobin
products
(eg
blood
substitutes
based
on
hemoglobin,
microencapsulated hemoglobin products), and other methods.
M2. CHEMICAL AND PHYSICAL MANIPULATION
1. Tampering, or attempting to tamper, in order to alter the integrity
and validity of Samples collected during Doping Controls. This may include,
for example, catheterization, substitution and / or alteration of urine.
2. Intravenous infusions are prohibited. In the case of an acute
medical situation where the use of this method is deemed necessary, require
retroactive Therapeutic Use Exemption.
M3. GENE DOPING
The non-therapeutic use of cells, genes, genetic elements, or of the
modulation of gene expression, which can improve athletic performance.
SUBSTANCES AND METHODS
PROHIBITED IN-COMPETITION
In addition to the categories listed in sections S1-S5 and
M1 to M3 defined above, the following are prohibited in competition
categories:
PROHIBITED SUBSTANCES
S6. STIMULANTS
All stimulants including, in appropriate cases, both their optical (D-and L), except imidazole derivatives for topical use and those stimulants included
in the 2008 Monitoring Program *.
Stimulants include:
adrafinil, adrenaline ** amfepramone, amifenazol, amphetamine, amphetamine,
benzfetamin, benzalpiperazin, bromantan, cathine *** clobenzorex, cocaine,
cropropamide, crotetamide, tsiklazodon, dimethylamphetamine, ephedrine, ****
etamivan, etilamfetamin, etilefrin, famprofazone , fenbutrazat, fenkamfamin,
fenkamin, fenetylline, fenfluramine, fenproporex, fyurfenoreks, heptaminol,
isometheptene, levmethamfetamine, meclofenoxate, mefenoreks, mephentermine,
mesocarb, methamphetamine (D-), methylenedioxyamphetamine,
methylenedioxymethamphetamine, p-methylamphetamine, methylephedrine ***,
methylphenidate, modafinil, nikethamide, norfepefrin, norfenflyuramin,
octopamine, ortetamin, oksilofrin, paragidroksiamfetamin, pemoline,
pentetrazol, phendimetrazine, phenmetrazine, phenpromethamine, phentermine, 4
fenilpiratsetam (carphedon) prolintane, propylhexedrine, selegiline,
sibutramine, strychnine, tuaminoheptane and other substances with similar
chemical structure or similar biological effect.
* The following substances included in the 2008 Monitoring Program
(bupropion, caffeine, phenylephrine, phenylpropanolamine, pipradrol,
pseudoephedrine, synephrine) are not considered as Prohibited Substances.
** Adrenaline associated with local anesthetic agents or
by local administration (eg nasal, ophthalmologic)
not prohibited.
Katin *** prohibited when its concentration in urine is greater than 5
micrograms per milliliter.
**** Ephedrine and methylephedrine is prohibited when each
in urine greater than 10 micrograms per milliliter.
A stimulant not expressly mentioned in this section as an example,
is a Specified Substance only if it is established that the substance
can be considered as an athlete unintentional doping violation because
of its general availability in medicinal products or is dubious of its
ability to influence the sport results.
S7. DRUGS
Following narcotics are prohibited:
buprenorphine dextromoramide, diamorphine (heroin), fentanyl and
its
derivatives,
gidromorfion,
methadone,
morphine,
oxycodone,
oxymorphone, pentazocine, pethidine.
S8. CANNABINOIDS
Cannabinoids (eg hashish, marijuana).
S9. GLUCOCORTICOSTEROIDS
All glucocorticosteroids are prohibited when administered
orally, rectally, intravenously or intramuscularly. Their use requires
a Therapeutic Use Exemption.
For other routes of administration injections and
inhalation) require an Abbreviated Therapeutic Use Exemption under the
simplified procedure, except as noted below.
Topical
preparations
when
used
for
dermatological
(including
iontophoresis
/
phonophoresis),
auricular,
nasal,
ophthalmic, gums, anal disorders are in the mouth are not prohibited
and do not require any form of Therapeutic Use Exemption.
SUBSTANCES PROHIBITED IN PARTICULAR SPORTS
P1. ALCOHOL
Alcohol (ethanol) is prohibited in-competition only, in the
following sports. Detected by analysis of breath and / or blood.
Threshold (haematological values) above which the doping violation,
for each Federation is in parentheses.
* Aeronautic (FAI) (0,20 g / L)
* Archery (FITA, IPC) (0,10 g / L)
* Automobile (FIA) (0,10 g / L)
* Petanque (IPC) (0,10 g / L)
* Karate (WKF) (0,10 g / L)
* Modern Pentathlon (UIPM)
* For disciplines involving shooting (0.10 g / L)
* Motorsport (FIA) (0,10 g / L)
* Powerboating (UIM) (0,30 g / L)
P2. Beta-blocker
Unless otherwise specified, beta-blockers are prohibited
in-competition only, in the following sports:
* Aeronautic (FAI)
* Archery (FITA, IPC) (also prohibited out of competition)
* Automobile (FIA)
* Billiards (WCBS)
* Bobsleigh (FIBT)
* Boules (CMSB, IPC)
* Bridge (FMB)
* Curling (WCF)
* Gymnastics (FIG)
* Motorcycling (FIM)
* Modern Pentathlon (UIPM) for disciplines involving
shooting
* Bowling (FIQ)
* Powerboating (UIM)
* Sailing (ISAF) (match race helms only)
* Shooting (ISSF, IPC) (also prohibited out of competition)
* Skiing / Snowboarding (FIS) (jumping ski jumping, jumps
(freestyle) / halfpipe and snowboard halfpipe in / big RUE)
* Wrestling (FILA)
Beta-blockers include (the list is not exhaustive):
acebutolol, alprenolol, atenolol, betaxolol, bisoprolol, bunolol,
carteolol, karvediol, celiprolol, esmolol, labetalol, levobunolol,
metipranolol, metoprolol, nadolol, oxprenolol, pindolol, propranolol,
sotalol, timolol.
SPECIAL SUBSTANCES *
"Specified Substances" * are listed below:
* All beta-2 agonists are inhaled, except salbutamol (free
plus glucuronide) greater than 1000 ng / mL and clenbuterol (listed in
the S 1.2: Other Anabolic Agents);
* Alpha-reductase inhibitors, probenecid;
* Cathine, cropropamide, crotetamide, ephedrine, etamivan,
famprofazone,
heptaminol,
isometheptene,
levmetanfetamin,
meclofenoxate,
p-methylamphetamine,
metalefedrin,
nikethamide,
norfenefrin, octopamine, ortetamin, oksilofrin, phenpromethamine,
propylhexedrine, selegiline, sibutramine, tuaminoheptane and any other
stimulant not expressly listed in section S6 for which found that the
state of the athlete meets the conditions described in section S6;
* Cannabinoids;
* All glucocorticosteroids;
* Alcohol;
* All beta-blockers.
* "The Prohibited List may identify specified
substance, the use of which can be considered as
unintentionally because of their general availability or because of
questionable
their ability to affect athletic performance. "Violation
anti-doping rules in the use of these substances
can be reduced sanction if it is found
that "the athlete has used this substance was not intended to improve
sport performance. "
ANNEX II
Standards for Granting Therapeutic Use
Extract from
"International Standard for Therapeutic Use Exemptions"
World Anti-Doping Agency (WADA), the action
from January 1, 2005
4.0 Criteria for Granting Therapeutic Use
Athlete may be granted a therapeutic use exemption (TUE) of a
Prohibited Substance or Prohibited Method contained in the Prohibited
List. An application for a TUE will be reviewed by the Committee on
the issue of therapeutic use exemptions (LPS). CTI will be appointed
Anti-Doping Organization. An exemption will be granted only in strict
accordance with the following criteria:
[Note: This standard applies to all athletes, as prescribed by
the Code, for example, athletes with complete mobility and athletes
with disabilities. The standard will be applied in accordance with the
individual's circumstances. For example, a permit issued for an
athlete with a disability may be inappropriate for others].
4.1 An application for a TUE Athlete should submit at least 21
days before participating in an event.
4.2 The Athlete would experience a significant impairment to
health if the treatment of an acute or chronic medical condition will
not be able to use a prohibited substance or method.
4.3 The therapeutic use of a prohibited substance or method would
produce
no
additional
enhancement
of
performance
other
than
anticipated by a return to a normal state of health under the
influence of the therapeutic effect of the use of this substance. The
use of any Prohibited Substance or Method to increase "low-normal"
levels of any endogenous hormone is not considered an acceptable
therapeutic intervention.
4.4 There is no reasonable therapeutic alternative to the use of a
prohibited substance or method.
4.5 The need for a prohibited substance or method can not be due
to previous non-therapeutic use of the substance from the Prohibited
List.
4.6 The TUE will be canceled by the granting body, if:
(a) the Athlete does not promptly comply with any requirements of
the Anti-Doping Organization granting a TUE;
(b) the period within which the TUE was granted has expired;
(c) the athlete is advised that the TUE has been withdrawn antidoping organization.
[Comment: Each TUE will have a specified duration as decided upon
by the LPS. There may be occasions when the term that the TUE has
expired or has been withdrawn and the Prohibited Substance which
application was allowed in to the TUE is still present in the body of
an athlete. In these cases, the Anti-Doping Organization conducting
the initial review of an adverse finding will consider the question of
whether such a result is consistent with expiry or withdrawal of the
TUE.]
4.7 An application for a TUE will not be considered for
retroactive approval except in the following cases:
(a) the need for emergency treatment or treatment of an acute
medical condition;
(b) due to exceptional circumstances, there was insufficient time
or opportunity to apply for, and LPS - consider the application prior
to Doping Control.
[Note: The need for a medical emergency with a prohibited
substance or method, or the need for treatment of an acute medical
condition was before can be obtained for a TUE, are uncommon.
Circumstances requiring expedited application for a TUE due to
imminent competition are infrequent. However, the anti-doping agencies
responsible for issuing permits for the TI should have internal
procedures that define how to act in such circumstances].
5.0 Confidentiality of Information
5.1
The
applicant
must
provide
written
consent
for
the
transmission of all information relevant to the application to members
of LPS and, if required, other independent medical or scientific
experts, as well as all employees, related to the handling of the
application for a TUE, review or appeal .
If you want to attract, independent experts, all details of the
application will be circulated without identifying the Athlete's care.
In addition, the applicant in accordance with the provisions of the
Code is to give written consent for the CTI solutions adopted for its
application to other relevant Anti-Doping Organizations.
5.2 Members of the LPS administration and the leading cause antidoping organization will strictly abide by the principles of
confidentiality in all its activities. All members of the LPS, as well
as all related staff involved will sign confidentiality agreements. In
particular, they must respect the confidentiality of the following
information:
(A) any medical information and data issues that are of an
athlete and physician / doctor;
(b) any part of the application, including the name of the doctor
/ doctors (s) involved in the process.
If the Athlete wish to LPS or LPS WADA the right to get any
information about the health of himself, he shall in writing notify
your doctor. In consequence of this decision, the Athlete does not
receive approval for a TUE or renewal of an existing TUE.
6.0 Committees granting therapeutic use exemptions (LPS)
Committees permits TI constituted and act in accordance with the
following principles:
6.1 TDI should be composed of at least three physicians with
experience in the treatment of sport and athletes, as well as a sound
knowledge of clinical, sports medicine and medical monitoring of
training load. To ensure a level of independence in decision-making
members of the TUEC should not have any official responsibility in the
Anti-Doping Organization. All members of the CB will sign an agreement
on the avoidance of conflict of interest. For applications involving
Athletes with disabilities, at least one member of the CB should have
experience of treatment and care for athletes with physical
disabilities.
6.2 TDI may seek external sources of whatever medical or
scientific
expertise
they
deem
appropriate
in
reviewing
the
circumstances of any application for a TUE.
6.3 Membership of the WADA TUEC determined in accordance with the
criteria set out in Article 6.1. WADA TUEC is established to review on
its own initiative, decisions granted by anti-doping organizations
TUE. In accordance with Article 4.4 of the Code CB WADA request by
Athletes Anti-Doping Organization who have been denied a Therapeutic
Use Exemption will review such decisions with the power to reverse
them.
7.0 The procedure for applying for a Therapeutic Use Exemption
(TUE)
7.1 An application for a TUE will only be considered following
receipt of a completed application form that must include all relevant
documents (see Appendix 1 - The application form for a TUE). The
application process must be in accordance with the principles of
strict medical confidentiality.
7.2 Form (s) of the application for a TUE Cast (e) in Appendix 1,
the anti-doping organizations are subject to change, including
additional requests to obtain information, but shall be removed no
sections or items.
7.3 Form (s) of the application for a TUE may (can) transfer
doping organization in other languages, but English or French must be
in the form (s) of the application.
7.4 An Athlete may not proceed with the application for a TUE to
more than one Anti-Doping Organization. The application must identify
the sport and, as appropriate, discipline and specific position or
role.
7.5 The application must list any previous and / or current
requests for permission to use a Prohibited Substance or Prohibited
Method, the body to which the request was made, and the decision of
that body.
7.6 The application must include a comprehensive medical (medical
history) and the results of all examinations, laboratory tests and
medical imaging studies relevant to the application.
7.7 Any additional relevant investigations, examinations or
medical imaging studies requested by LPS Anti-Doping Organization will
be undertaken at the expense of the application, or the national sport
governing body.
7.8 The application must include a statement by an appropriately
qualified physician attesting to the necessity of the otherwise
Prohibited Substance or Prohibited Method in the treatment of this
condition, it should also indicate why an alternative, permitted
medication cannot, or could not be used in the treatment.
7.9 The application must have the dose, frequency, route and
duration of administration of the prohibited substance or method.
7.10 Decisions of LPS taken within 30 days of receipt of the
relevant information and communicated to the athlete in writing by the
relevant Anti-Doping Organization. Where a TUE granted to an Athlete
in the Registered Testing Pool Anti-Doping Organization, then an
approval immediately Athlete and WADA simultaneously view information
pertaining to the period of the exemption and any conditions
associated with the TUE.
7.11 (a) In accordance with Article 4.4 of the Code to obtain the
athlete of a review of the WADA TUEC will have the opportunity to
reconsider the TUE taken any anti-doping organization. Athlete
provides WADA TUEC all the information for a TUE, which was originally
presented anti-doping organization, together with payment of services
for processing the application. Pending the completion of the original
decision remains in force. Duration of procedure regarding the request
would not exceed 30 days from the date of receipt of the information
by WADA.
(b) WADA can undertake a review at any time. WADA TUEC will
complete its review within 30 days.
7.12 If the decision regarding the granting of a TUE is reversed
on review with the request, the decision on the revision is not
retroactive, and the Athlete's results in the period that the TUE is
not subject to cancellation, and the decision of such a revision takes
effect no later than 14 days from the date of notification of the
Athlete.
8.0 Simplified (CM) application for a TUE
8.1 It is acknowledged that some of the substances included in the
Prohibited List, used to treat common diseases in athletes. In such
cases, a full application for a TUE in accordance with Sections 4 and
7. Especially for this, a simplified procedure for filing an
application for a TUE.
8.2 The simplified procedure should be strictly limited to the
following prohibited substances or methods:
beta-2
agonists
(formoterol,
salbutamol,
salmeterol
and
terbutaline) by inhalation, and glucocorticosteroids by non-system
use.
8.3 To use one of the substances above athlete anti-doping
organization is a medical certificate confirming the need for the
therapeutic use of such substances. In the medical certificate given
in Appendix 2, shall diagnosis, name of medication, dosage, route, and
duration of its use. Where appropriate, it should include any tests
conducted to establish the diagnosis (without the actual results or
details).
8.4 The abbreviated process includes:
(a), provided that the effectiveness of the simplified procedure,
the sanction anti-doping organization for the use of a prohibited
substance to obtain containing complete notification. Help, does not
contain all the required information is returned to the applicant;
(b) immediate notification of the Athlete of the anti-doping
organization to obtain help, containing all the required information
and, accordingly, the international federations, national federations
and national anti-doping organizations. Anti-Doping Organization shall
notify WADA only in cases involving International-Level Athletes;
(c) a notification for an athlete in the simplified procedure
shall not be considered for retroactive approval except in the
following cases:
- The need for emergency treatment or treatment of an acute
medical condition;
- Due to exceptional circumstances, there was insufficient time or
opportunity for an applicant to submit, or a TUEC - get an application
prior to Doping Control.
8.5 (a) LPS or LPS WADA may at any time revise the decision taken
by the simplified procedure;
(b) if an athlete becomes LPS WADA to review the denial of a TUE
under the simplified procedure, CB WADA may require the Athlete
additional medical information as it deems necessary, with all the
associated costs by the Athlete.
8.6 LPS or LPS WADA may at any time revoke a TUE under the
simplified procedure. This was immediately Athlete, his IF and all
relevant anti-doping organization.
8.7 The cancellation of a TUE, as part of the UP, effective
immediately upon notice to the Athlete of the decision. However, the
athlete will be able to apply for a TUE in accordance with section 7.
9.0 Information Center
9.1 Anti-Doping Organizations are required to provide WADA with
all their decisions on permits for TI, as well as all supporting
documentation, issued under section 7.
9.2 In respect of TUEs granted under MPS Anti-Doping Organizations
shall
provide
WADA
with
medical
certificates
submitted
by
International-Level Athletes in accordance with section 8.4.
9.3 The center guarantees strict confidentiality of all medical
information.
Done at Paris, eighteenth day of November 2005, in two authentic
copies, which bear the signatures of the President of the 33rd session
of the General Conference and the Director-General and shall be
deposited in the archives of UNESCO.
The foregoing is the authentic text of the Convention duly adopted
by the General Conference at its 33rd session held in Paris and
declared closed the twenty-first of October 2005.
IN WITNESS WHEREOF, have signed this Convention eighteenth day of
November, 2005.
Chairman of
The General Conference
General Director
I hereby certify that the text was a certified copy of a certified
copy of the International Convention against Doping in Sport, done at
Paris on 19 October 2005.
Head of the International Law Department
Of the Ministry of Foreign Affairs
Of the Republic of Kazakhstan
N. Sakenov