Compliance with the World Anti-Doping Code (Code)—the document harmonizing regulations regarding anti-doping in all sports and all countries—is the situation in which an anti-doping organization (ADO)—an International Sport Federation (IF), a National Anti-Doping Organization (NADO), a Major Games Organizer, etc.—finds itself after completing a three-step process in relation to the Code.

Firstly, an ADO must accept the Code. By doing this, it agrees to the principles of the Code and agrees to implement and comply with the Code. Secondly, the ADO must implement the Code by amending its rules and policies to include mandatory articles and principles of the Code. These anti-doping rules must be submitted to WADA for review, in order for the rules to be pronounced in line with the Code. Lastly, the ADO must enforce its amended rules and policies in accordance with the Code.

The key objective of such harmony is for all athletes to benefit from strong and fair anti-doping policies and protections, that are the same for all, no matter the sport, the nationality or the country where tested.

Yes. In order to ensure efficiency of the harmonized fight against doping in sport and fairness for the athletes, compliance with the Code is mandatory for signatories of the Code, as stated in Article 23.2.1 of the Code: “The signatories shall implement applicable Code provisions through policies, statutes, rules or regulations according to their authority and within their relevant spheres of responsibility.”

The Code assigns WADA the responsibility of monitoring implementation and enforcement of the Code by its signatories. WADA achieves this through various ways. For example, WADA assists ADOs in ensuring their anti-doping regulations are drafted in line with the Code and that these regulations are subsequently enforced in a Code compliant way. WADA helps establishing Code compliant anti-doping organizations through Regional Anti-Doping Organizations (RADOs) in areas of the world where resources are limited. WADA also contributes towards costs of the anti-doping services launched by Sportaccord. (Through this initiative, launched with the full support of WADA and the International Olympic Committee, Sportaccord provides centralized anti-doping advice, support and services to the IFs that may need them.)

As part of its monitoring responsibilities, WADA closely monitors doping cases and exercises its right of appeal (mainly before the Court of Arbitration for Sport—CAS) for cases under the jurisdiction of organizations that have implemented the Code. In addition, WADA is required to report formally on stakeholder compliance with the Code (Code Article 23.4).

WADA has been reviewing ADOs’ anti-doping rules since 2003 to check whether they are in line with the Code and makes its own assessment of the situation of the various ADOs. In particular, WADA checks whether ADOs are implementing the Code into their own rules in relation to anti-doping rule violations, sanctions, WADA’s right of appeal, out-of-competition testing, and compliance with the International Standards (namely the Prohibited List, the International Standard for Testing, the International Standard for Therapeutic Use Exemption, and the International Standard for Data Protection).

In addition, WADA developed an online reporting tool for signatories to provide their compliance information. This anti-doping survey facilitates the fulfillment by stakeholders of their reporting obligation. The tool assists WADA in evaluating the status of each signatory with regards to compliance with the Code and enables WADA to provide guidance, if needed, to achieve complete compliance.

WADA has committed significant resources to follow up with every signatory with the objective of assisting each of them achieve Code compliance.

Starting in September 2006, WADA’s Management provided its Executive Committee and Foundation Board with several interim reports. As requested by WADA’s Foundation Board, the first official Code compliance report was submitted by the Agency’s Management to the Board at its November 23, 2008 meeting. On that occasion, the Foundation Board Members decided to postpone any official declaration of non-compliance and directed WADA’s Management to submit an updated report on signatories’ compliance in May 2009.

At its May 2009 meeting, WADA’s Foundation Board approved the final Code compliance report based on the 2003 Code as of December 31, 2008.

On that occasion, the Foundation Board recognized that, given the limited time elapsed since amendments to the Code and several International Standards had taken effect (January 1, 2009), WADA should continue to provide assistance to those signatories that might still require guidance in enforcing their anti-doping rules in a Code-compliant way.

In addition, WADA’s Foundation Board approved a Code compliance reporting plan following which the next official Code compliance report will be issued in November 2011, in order to synchronize this process with the monitoring of the International Convention against Doping in Sport by UNESCO. UNESCO will indeed issue its second report on compliance of the governments that ratified the Convention in 2011.

In the meantime, WADA’s Management will continue to provide interim reports on Code compliance to each of the Agency’s Executive Committee and Foundation Board meetings. The Foundation Board will discuss significant cases of non-compliance on a case-by-case basis and has the jurisdiction to officially report a signatory as non-Code compliant at any time.

The Code states that stakeholders—such as the International Olympic Committee (IOC), International Paralympic Committee (IPC), IFs, Major Event Organizers, etc.—who have jurisdiction to impose consequences on those who are declared non-compliant by WADA’s Foundation Board, may do so. For example, the IOC amended its Olympic Charter in 2003 so that adoption and implementation of the Code by the Olympic Movement is mandatory and that only Code compliant sports can be part of the Olympic program.

Other consequences may include the ineligibility to bid to host events, cancellation of international events, and symbolic consequences.

The imposition of such consequences, as well as the declaration of non-compliance, may be appealed to CAS by the relevant ADO, under Articles 13.5 and 23.5 of the Code.

WADA can only take internal measures such as the forfeiture of WADA offices or seats within any of the Agency’s committees.

In addition, the revised International Standard for Laboratories (Article 4.4) that took effect on January 1, 2009, states that: “In order for the Laboratory to maintain its accreditation status, the NADO and/or National Olympic Committee shall be declared Code compliant (as determined by WADA) and the Laboratory host country shall have ratified the UNESCO Convention against Doping in Sport.”

The imposition of such consequences may also be appealed to CAS.