National Anti-Doping Organizations (NADO)

National Anti-Doping Organizations (NADO)

·        National Anti-Doping Organization (NADO ) are responsible for testing national athletes in- and out-of-competition, as well as athletes from other countries competing within that nation’s borders; adjudicating anti-doping rules violations; and anti-doping education.

·        Compliance Process

To be compliant with the World Anti-Doping Code, National Anti-Doping Organizations (NADO) took the following three steps:  

üCode acceptance: The NADO agrees to the tenets of the Code;

üImplementation: The NADO amends its rules and policies to include the Code’s mandatory articles and principles;

üEnforcement:The NADO has amended its rules and policies and is enforcing them in accordance with the Code.

·        The NADO to Became Code Compliant

üNADO followed the  following steps to become Code compliant?

Step 1: Acceptance - Agree to the principles of the Code and agree to implement and comply with the Code. 

 

Step 2: Implemented - Amended NADO’s rules and policies to include the mandatory articles and

               principles of the Code.

After the initial step of accepting the Code, the Code signatory determined how the Code is to be best implemented into its rules, regulations and/or policies   to ensure compliance. These anti-doping rules submitted to WADA for review, in English, and pronounced in line with the Code.

 

 


 

Step 3: Enforcement - Enforced amended NADO’s rules and policies in accordance with the Code.

NADO reported its status vis-à-vis compliance with the Code over WADA’S online anti-doping survey (Code Compliance Assessment Survey) ,a questionnaire consists of multiple choice questions which refer to requirements and stipulations within the rules adopted by the NADO or to the actions taken or not taken by the NADO.

This online tool assisted WADA in evaluating the status of each signatory with regards to Code compliance and enabled WADA to provide guidance to achieve complete compliance.

WADA offered other compliance resources in the form of Model Rules.

 

Important   issues the NADO took into consideration:

 

Code compliance mandatory:

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.”


 

Mandatory reporting to WADA on Code compliance:

Reporting to WADA on Code-compliance is mandatory. Article 23.4.2 of the Code states: “To facilitate monitoring, each Signatory shall report to WADA on its compliance with the Code every second year and shall explain reasons for non-compliance.”

WADA’s responsibility in relation to monitoring compliance with the Code:

The Code assigns WADA the responsibility of monitoring implementation of and compliance with the Code by its signatories. One way WADA achieves this is by closely monitoring doping cases and exercising its right of appeal to the Court of Arbitration for Sport for cases under the jurisdiction of organizations that have implemented the Code.

WADA is also required to report formally on stakeholder compliance with the Code every two years.

The consequences of an official declaration of non-compliance by WADA's Foundation Board:

WADA, through its Foundation Board, reports cases of non-compliance to its stakeholders, including the International Olympic Committee (IOC), who have jurisdiction to impose sanctions. The Olympic Charter was amended in 2003 to state that adoption of the Code by the Olympic Movement is mandatory, and only sports that are compliant can be included and remain in the program of the Olympic Games. Similarly, if a country does not ratify the UNESCO International Convention against Doping in Sport, it may also be subject to sanctions from the IOC and from other sports organizations, including losing the right to host major games.

 


THE AFG- NOC’s COMMITMENT TO ANTI–DOPING

The AFG- NOC has accepted the World Anti-Doping Code (the “Code”). These Anti-Doping Rules are adopted and implemented as a result of the AFG- NOC’s commitment to the purposes of the World Anti-Doping Programme. They are in conformance with the AFG- NOC’s responsibilities under the Code, and are in furtherance of the AFG- NOC’s  continuing efforts to eradicate doping in Afghanistan

Fundamental Rationale for the Code and the  AFG-NOC’s  Anti-Doping Rules:

Anti-doping programs seek to preserve what is intrinsically valuable about sport.  This intrinsic value is often referred to as “the spirit of sport”; it is the essence of Olympism; it is how we play true.  The spirit of sport is the celebration of the human spirit, body and mind, and is characterized by the following values:

•         Ethics, fair play and honesty

•         Health

•         Excellence in performance

•         Character and education

•         Fun and joy

•         Teamwork

•         Dedication and commitment

•         Respect for rules and laws

•         Respect for self and other Participants

•         Courage

•         Community and solidarity

Doping is fundamentally contrary to the spirit of sport.

 


1           THE WORLD ANTI-DOPING CODE

1.1.      The AFG- NOC is a Signatory to the Code and, as such, is responsible for assisting the [NADO], the National Anti-Doping Organization of Afghanistan   in initiating, implementing and enforcing the Doping Control process.

1.2.      Under the Code, the AFG-NOC, as the National Olympic Committee for Afghanistan, has the following roles and responsibilities:

(1)       To ensure its anti-doping policies and rules conform to the Code,

(2)      To require as a condition of membership or recognition that the anti-doping policies and rules of National Federations comply with the applicable provisions of the Code,

(3)      To require all Athletes who are not regular members of a National Federation to be available for Sample collection and to provide accurate and up-to-date whereabouts information as part of the National Registered Testing Pool during the year before the Olympic Games and Paralympic Games as a condition of participation in the Olympic Games and Paralympic Games.

(4)      To cooperate with the [NADO], the National Anti-Doping Organization of Afghanistan.

(5)      To require each National Federation to establish rules requiring each Athlete Support Personnel who participates as coach, trainer, manager, team staff, official, medical or paramedical personnel in a Competition or activity authorized or organized by a National Federation or one of its member organizations to agree to be bound by anti-doping rules in conformity with the Code as a condition of such participation.

 


(6)  To withhold some or all funding, during any period of his or her Ineligibility, to any Athlete or Athlete Support Personnel who has violated anti-doping rules.

(7) To withhold some or all funding to its member or recognized National Federations that are not in compliance with the Code.

(8)      To vigorously pursue all potential anti-doping rule violations within its jurisdiction including investigation into whether Athlete Support Personnel or other Persons may have been involved in each case of doping.

(9)   To promote and engage in anti-doping education and research.

(10)    To cooperate with relevant national organizations and   agencies and other Anti-Doping Organizations.

(11)     To keep all information regarding Adverse Analytical Findings,  Atypical Findings and other potential anti-doping rule violations confidential until the Anti-Doping Organization with results management responsibility has made public disclosure or has failed to make public disclosure within the timeframe provided in the Code.

 


2          APPLICATION OF ANTI-DOPING RULES

2.1       These Rules apply to:

(1)       The [AFG-NOC],

(2)      Athletes,

(3)      Team Members,

(4)      Athlete Support Personnel, and

(5)      National Federations.

2.2      Sanctions are applicable in the event of any anti-doping rule violation or other breach of these Rules.

3          OBLIGATIONS

3.1       All Athletes must:

(1)       be knowledgeable of and comply with all applicable anti-doping policies and rules, namely the Code, these Rules, and the policies and rules of Anti-Doping Organizations and their National or International Federation;

(2)      be available for Sample collection;

 


(3)      take responsibility, in the context of anti-doping, for   what they ingest and use; and

(4)      inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate the anti-doping policies and rules applicable to them.

3.2      All Athletes who are not regular members of a National Federation must be available for Sample collection conducted according to the Code and provide accurate and up-to-date whereabouts information on a regular basis during the year before the Olympic Games as a condition of participation in the Olympic Games as a member of the Afghanistan Olympic Team.

3.3      All Athlete Support Personnel must:

(1)       be knowledgeable of and comply with all anti-doping policies and rules, namely the Code, these Rules and the policies and rules of Anti-Doping Organizations and their National Federation, applicable to them or Athletes whom they support;

(2)      co-operate with the Athlete Testing programme; and

(3)      use their influence on Athlete values and behaviour to foster anti-doping attitudes.

 


3.4      Each National Federation must:

(1)       comply with these Rules;

(2)      cooperate with and help the [NADO] fulfil its obligations under the Code;

(3)      adopt and implement an anti-doping policy that conforms with the Code;

(4)      cooperate with and assist its International Federation in day-to-day anti-doping operations;

(5)      require Persons who:

(a)      participate in sport under its authority; or

(b)      are registered as an Athlete or  Athlete Support Personnel with it or with a club recognized by it;

to recognize and be bound by its anti-doping policy, the Code and these Rules

(6)      require every Person who:

(a)      participates as an Athlete  in a sport under its authority; or

(b)      is registered as an Athlete  with it or with a club recognized by it;

to be available for Sample collection and provide accurate and up-to-date whereabouts information; 

(7)      require as a condition of membership that the policies, rules and programmes of its members or clubs  are in compliance with the Code; and

 


(8)      take appropriate action to discourage non-compliance with the Code and its Anti-Doping Policy.

(9)      recognize and respect a finding of an anti-doping rule violation by its International Federation, another National Federation or any other Signatory  without the need for a hearing, provided the finding is consistent with the Code and within the authority of the body concerned;

(10)    require Athletes who are not regular members to be available for Sample collection and provide accurate and up-to-date whereabouts information on a regular basis, if required, during the year before the Olympic Games as a condition of participation in the Olympic Games as a member of the AfghanistanOlympic Team;

(11)     promptly notify the AFG- NOCof the finding of any anti-doping rule violation by,  and the imposition of any sanction for an anti-doping rule violation  on:

(a)      any Person under the National Federation’s anti-doping policy and rules; or

(b)      any Athlete, Athlete Support Personnel or other Person under its authority or control under the anti-doping policy and rules of its International Federation; and 

(12)     provide assistance and information to the AFG- NOCas            requested by the Secretary General to enable the AFG- NOCto properly implement these Rules.

 


4          RECOGNITION OF TESTING AND TUEs

4.1       The AFG- NOC will recognize the results of accredited laboratory analysis of Testing conducted in accordance with the Code by Anti-Doping Organizations and the [NADO]

4.2      The AFG- NOC will also recognize TUEs granted by International Federations, National Anti-Doping Organizations and WADA, provided that the approval of the TUE is consistent with the Code and within the relevant Anti-Doping Organization’s authority.

5          BREACHES OF THESE RULES

5.1       The commission of an anti-doping rule violation is a breach of these Rules.

5.2      It is an infraction of these Rules for an Athlete, Athlete Support Personnel or a National Federation to breach any of their obligations to the AFG- NOC derived from  these Rules.

6          RECOGNIZED ANTI-DOPING RULE VIOLATIONS

The AFG- NOC will recognize and respect all determinations by all Anti-Doping Organizations that a Person has committed an anti-doping rule violation provided the finding is consistent with the Code and within the authority of the body concerned.

 


7          AFG- NOC IMPOSED SANCTIONS

7.1       Any Person who is found to have committed an anti-doping rule violation will be ineligible for membership or for selection in any Team, to receive funding from the AFG-NOC , or, to hold any position on the AFG-NOC .

7.2      The period or periods of any sanction will be determined according to Articles 10 and 11 of the Code.

7.3      The AFG- NOC will recognize previous sanctions imposed by any Anti-Doping Organization, International Federation or National Federation in determining whether the breach is a first,  second or third offence.

8          DISCIPLINARY PROCEDURES

8.1       As the disciplinary body for the AFG-NOC , the AFG- NOC [disciplinary panel] shall have the power to regulate its procedures. However, in all matters pertaining to anti-doping, such procedures must conform with Article 8 of the Code.

9          NOTIFICATION

Upon the imposition of a sanction under these Rules, the AFG- NOC will send details of the sanction  to:

(1)       the International Olympic Committee;

(2)      those Persons entitled to notification under Article 14.1 of the Code;

(3)      the National Federation of the Person concerned;

(4)      the [NADO] ;

(5)      WADA ; and

(6)      any other Person or organization the AFG- NOC believes should be informed in this respect

 


10        APPEALS

10.1     Except as provided in the Code, no Person may appeal or challenge any recognition by the AFG- NOC of an anti-doping rule violation unless that Person has first exhausted all his or her rights of appeal and other legal rights (if any) in respect of the hearing and finding of the Anti-Doping Organization or National Federation concerned (whether before any tribunal as provided for in the anti-doping policy of the Anti-Doping Organization or National Federation concerned or in a court of law). In the event that a Person challenges or appeals the hearing or finding of the Anti-Doping Organization or National Federation concerned, the AFG- NOC will defer recognition of the anti-doping rule violation pending the conclusion of the challenge or appeal and will abide by the decision of the tribunal or court concerned.

10.2    Decisions under these anti-doping Rules may be appealed in conformity with Article 13 of the Code. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.

11         REVIEW OF ANTI-DOPING RULE VIOLATION

If a Person recorded as having committed an anti-doping rule violation is subsequently found not to have committed that anti-doping rule violation or is otherwise cleared or pardoned of any relevant wrongdoing by CAS or any other Anti-Doping Organization’s Appellate Body acting in conformity with the Code, the AFG- NOC will overturn the anti-doping rule violation and any sanction which had been imposed as a result of that anti-doping rule violation and will report the decision to all those Persons notified of the initial imposition of the sanction .

 


12        INTERPRETATION AND COMING INTO FORCE

All the words utilised in these Rules shall have the same meaning as that ascribed to them in the World Anti-Doping Code.

 

These Rules shall come into full force and effect on August 2014