Skip to main content

WADA adds Tunisian National Anti-Doping Organization to compliance ‘watchlist’

WADA adds Tunisian National Anti-Doping Organization to compliance ‘watchlist’

As part of a circulatory vote that ended yesterday, the World Anti-Doping Agency’s (WADA’s) Executive Committee (ExCo) approved a revised recommendation of the Agency’s independent Compliance Review Committee (CRC) to add the Tunisian National Anti-Doping Organization (ANAD) to WADA’s compliance ‘watchlist’1. 

On 16 November 2023, the ExCo accepted the CRC’s recommendation to allege ANAD as non-compliant with the World Anti-Doping Code (Code) due to a failure to appropriately implement the Code into its national legal framework.   

In the days following the ExCo, ANAD provided a clear calendar for adoption of the amendments which are required to bring the Tunisian legal framework in line with the Code within four months. At the same time, critical corrective actions from an audit conducted in March 2023 were signed off. On this basis, the CRC has updated its recommendation for inclusion on the ‘watchlist’.  

As per the International Standard for Code Compliance by Signatories (ISCCS), by adding ANAD to the ‘watchlist’, the ExCo has given it four months to execute its corrective action plan. If by 6 April 2024 the non-conformity has not been corrected to the satisfaction of the CRC, ANAD will be alleged as non-compliant with the Code without the need for a further decision by the ExCo. 

The CRC is responsible for providing independent advice, guidance and recommendations to WADA Management and governing bodies on matters relating to Signatories' compliance with their obligations under the Code. 

WADA refers compliance case against the South African NADO to Court of Arbitration for Sport

WADA refers compliance case against the South African NADO to Court of Arbitration for Sport

Further to the World Anti-Doping Agency’s (WADA's) Executive Committee (ExCo) meeting of 22 September 2023, WADA wishes to provide an update regarding the ExCo’s decision to endorse the recommendation of WADA’s independent Compliance Review Committee (CRC) and allege the National Anti-Doping Organization (NADO) of South Africa as non-compliant with the World Anti-Doping Code (Code). The alleged non-compliance in this case is a result of South Africa’s legislation not being in line with the 2021 Code.   

Under Article 9.3.1 of the International Standard for Code Compliance by Signatories (ISCCS), the NADO had 21 days following the date of receipt of the formal notice of non-compliance to dispute WADA’s allegation of non-compliance, as well as the consequences and/or the reinstatement conditions proposed by the Agency.   

On 10 October, WADA received formal notification from the South African NADO that it disputed the allegation of non-compliance against it, as well as the proposed consequences. Accordingly, and in line with Article 24.1.7 of the Code, WADA now publicly announces that it filed the request for arbitration with the Court of Arbitration for Sport (CAS) on 16 November 2023. As set out in Article 24.1.7, certain Signatories have the right to intervene in the CAS proceedings as a party whereas other persons may apply and be permitted to intervene under certain conditions. As per the same article, the notice of intervention or the application to intervene must be filed within 10 days of the publication of this notice.  

The allegation of non-compliance and the consequences will not take effect until such time as CAS makes its ruling.  Further details regarding the case including, in particular, the consequences and reinstatement conditions can be found in WADA’s update of 28 September 2023. 

WADA adds Bermuda National Anti-Doping Organization to compliance ‘watchlist’

WADA adds Bermuda National Anti-Doping Organization to compliance ‘watchlist’

As part of a circulatory vote that ended yesterday, the World Anti-Doping Agency’s (WADA’s) Executive Committee (ExCo) approved a revised recommendation of the Agency’s independent Compliance Review Committee (CRC) to add the Bermuda National Anti-Doping Organization (Bermuda NADO) to WADA’s compliance ‘watchlist’1.

On 22 September 2023, the ExCo followed the CRC’s recommendation to allege the Bermuda NADO as non-compliant with the World Anti-Doping Code (Code) due to a failure to appropriately implement the Code into their legislation.  

In the days following the ExCo, the Bermuda NADO provided draft amendments to the legislation that WADA confirmed were in line with the Code, as well as a clear calendar for adoption of those amendments within four months. On this basis, the CRC has updated its recommendation for inclusion on the ‘watchlist’. As per the International Standard for Code Compliance by Signatories (ISCCS), by adding the Bermuda NADO to the ‘watchlist’, the ExCo has given it four months to execute its corrective action plans. If by 12 February 2024 the non-conformities have not been corrected to the satisfaction of the CRC, the Bermuda NADO will be alleged as non-compliant without the need for a further decision by the ExCo.

The CRC is responsible for providing independent advice, guidance and recommendations to WADA Management and governing bodies on matters relating to Signatories' compliance with their obligations under the Code. The CRC Chair, Mr. Henry Gourdji, will report to the next meetings of the ExCo and Foundation Board that will be held on 16 and 17 November 2023.

WADA contributes to OECD’s Compendium of International Organizations’ Practices

WADA Logo

The World Anti-Doping Agency (WADA) welcomes the publication by the Organization for Economic Co-operation and Development (OECD) of its ‘Compendium of International Organizations’ Practices’, which was launched at the eighth Annual Meeting of International Organization Partnership, held virtually this week. The Agency was pleased to assist the OECD in compiling this useful publication by providing presentations of key practices in the field of anti-doping.

Statement - Ben Blackmore

RFL Logo

Ben Blackmore has been found guilty of breaching three of the RFL’s Operational Rules, and suspended for 10 weeks – effective from May 24.

Watch the 3rd FIFA Compliance Summit live on FIFA.com

FIFA

Bringing together governance and compliance experts and practitioners from across football, the third edition of the FIFA Compliance Summit takes place this year in a virtual format from 12 to 16 October 2020.

THE COURT OF ARBITRATION FOR SPORT (CAS) REGISTERS TWO REQUESTS FOR ARBITRATION FILED BY THE WORLD ANTI-DOPING AGENCY (WADA) IN RELATION TO THE RUSSIAN ANTI-DOPING AGENCY (RUSADA) AND THE SOUTH AFRICAN INSTITUTE FOR DRUG-FREE SPORT (SAIDS)

THE COURT OF ARBITRATION FOR SPORT (CAS) REGISTERS TWO REQUESTS FOR ARBITRATION FILED BY THE WORLD ANTI-DOPING AGENCY (WADA) IN RELATION TO THE RUSSIAN ANTI-DOPING AGENCY (RUSADA) AND THE SOUTH AFRICAN INSTITUTE FOR DRUG-FREE SPORT (SAIDS)

The Court of Arbitration for Sport (CAS) has registered two Requests for Arbitration filed by the World Anti-Doping Agency (WADA) in relation to (non-)compliance matters concerning the Russian Anti-Doping Agency (RUSADA) and the South African Institute for Drug-free Sport (SAIDS).

On 22 September 2023, the WADA Executive Committee endorsed the recommendation of its Compliance Review Committee (CRC) which alleged RUSADA to be non-compliant with the World Anti-Doping Code (the WADC) due to Russia’s federal sports legislation not being considered to be in line with the 2021 WADC. Similarly, on the same day, the WADA Executive Committee also endorsed the recommendation of the CRC to allege SAIDS as non-compliant with the WADC due to South Africa’s legislation not being considered to be in line with the 2021 WADA Code. Since both RUSADA and SAIDS have disputed their non-compliance, as set out in the International Standard for Code Compliance by Signatories (ISCCS), WADA has submitted both matters to the CAS Ordinary Arbitration Division for resolution.

Two separate CAS arbitration procedures have been registered. The procedures will be conducted according to the provisions of the ISCCS and the Code of Sports-related Arbitration (the CAS Code). In summary, for each procedure, there will be an exchange of written submissions while a Panel of three arbitrators is simultaneously constituted in accordance with the provisions of Article 9.4.1 of the ISCCS. Once appointed, the Panel for each matter will issue directions for the next phase of the proceedings and shall, save for extensions of time requested by the parties or other exceptional circumstances, issue its reasoned decision no later than three months after the date of its constitution. The Panels’ decisions will be publicly reported by CAS.

The decisions issued by the CAS Panels will be final and binding with the exception of the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on limited grounds.

WADA update on the compliance status of the Russian Anti-Doping Agency

WADA update on the compliance status of the Russian Anti-Doping Agency

Further to the World Anti-Doping Agency’s (WADA's) Executive Committee (ExCo) meeting of 22 September 2023, and the update of 28 September 2023, WADA wishes to update stakeholders regarding the ExCo’s decision to follow the recommendation of WADA’s independent Compliance Review Committee (CRC) to allege new consequences and reinstatement conditions against the Russian Anti-Doping Agency (RUSADA), which is already non-compliant with the World Anti-Doping Code(1). The non-compliance in this case was a result of a non-conformity relating to national legislation that was identified during a virtual audit in September 2022 and not addressed to date. 

Under Article 9.3.1 of the International Standard for Code Compliance by Signatories (ISCCS), RUSADA had 21 days following the date of receipt of the formal notice of non-compliance to dispute the consequences and/or the reinstatement conditions proposed by the Agency.   

Today, WADA has received formal notification from RUSADA that it disputes WADA’s allegation of non-compliance, the proposed consequences and reinstatement conditions. WADA will shortly refer the matter to the Court of Arbitration for Sport (CAS) for its consideration. As such, the consequences will not apply until such time as CAS makes its ruling. 

(1) As it relates to the December 2020 decision by CAS, since the end of the two-year period of consequences imposed by CAS, WADA has been assessing and monitoring RUSADA to see whether it meets all the reinstatement conditions contained in the CAS decision. Until all the reinstatement conditions are met, RUSADA cannot be considered for reinstatement. In addition, RUSADA will not be eligible for reinstatement under the CAS Award until the non-conformity related to its national legislation (described above) is resolved. 

For more information on non-compliant Signatories 

There are currently four non-compliant Code Signatories. They are the NADOs from the Democratic People’s Republic of Korea, Gabon and Russia, as well as the International Fitness and Bodybuilding Federation.   

For more information on the Signatories and the consequences, please visit the ‘Global list of non-compliant signatories and applicable consequences’ page of WADA’s website. While WADA will monitor the implementation of the consequences, under Code Article 24.1.9, other Signatories to the Code must recognize and implement the consequences in full.  

WEBINAR | Safeguarding in Sport: Considering Subject Access Requests

Sport Resolutions Logo

Sport Resolutions, in association with Lewis Silkin, will be holding an event on considering and responding to Subject Access Requests (SARs) within the context of sport safeguarding cases on Thursday 14th October via Zoom Webinar.

Alexander Milner-Smith, Co-Head, and Sean Illing, Senior Associate, both of Lewis Silkin's Data & Privacy Group, will be delivering the webinar. The session will provide information on how to consider data sharing in the safeguarding case management context and how to manage cases effectively when dealing with a SAR.  

3rd FIFA Compliance Summit concludes

FIFA

In line with FIFA’s ongoing commitment to promoting compliance and good governance in football, the 3rd FIFA Compliance Summit concluded today following the opening session and a series of online follow-up working sessions, that took place with the participation of over 150 member associations, from each of the six confederations, from 12 to 16 October.

Upcoming Events

Oct
07
Global Summit 2024 Global Summit 2024