BKSA Anti Doping Policy

For National , European and World Events

Using the WADA list of Prohibited Substance or its Metabolites or Markers

Anti-Doping Rules, like Competition rules, are rules governing the conditions under which kitesurfing competitions are run. Riders accept these rules as a condition of participation. Anti-Doping Rules are not intended to be subject to or limited by the requirements and legal standards applicable to criminal proceedings or employment matters. The policies and minimum standards set forth in the Code and implemented in these Anti-Doping Rules represent the consensus of a broad spectrum of stakeholders with an interest in fair sport and should be respected by all courts and adjudicating bodies

FUNDAMENTAL RATIONALE FOR THE CODE AND BKSA 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".  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.

SCOPE

These Anti-Doping Rules shall apply to the BKSA events , and any other event the BKSA and its members are involved in.

1 - DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.8 of these Anti-Doping Rules.

2 - ANTI-DOPING RULE VIOLATIONS

The following constitute anti-doping rule violations:

2.1 The presence of a Prohibited Substance or its Metabolites or Markers in an Rider’s bodily Specimen

2.1.1 It is each Rider’s personal duty to ensure that no Prohibited Substance enters his or her body. Rider’s are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their bodily Specimens. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Rider’s part be demonstrated in order to establish an anti-doping violation under Article 2.1.

2.1.2 Excepting those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List, the detected presence of any quantity of a Prohibited Substance or its Metabolites or Markers in a Riders’s Sample shall constitute an anti-doping rule violation.

2.1.3 As an exception to the general rule of Article 2.1, the Prohibited List may establish specific criteria for the evaluation of Prohibited Substances that can also be produced endogenously.

2.2 Use or Attempted Use of a Prohibited Substance or a Prohibited Method

2.2.1 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed.

2.3 Refusing, or failing without compelling justification, to submit to Sample collection after notification as authorized in these Anti-Doping Rules or otherwise evading Sample collection.

2.4 Violation of the requirements regarding Rider  availability for Out-of-Competition Testing including failure to provide required whereabouts information set forth in Article 5.5 (Rider whereabouts requirements) and missed tests, which are declared based on reasonable rules.

2.5 Tampering, or Attempting to tamper, with any part of Doping Control.

2.6 Possession of Prohibited Substances and Methods

2.6.1 Possession by a Rider at any time or place of a substance that is prohibited under the provisions relating to Out-of-Competition Testing or a Prohibited Method unless the Rider establishes that the Possession is pursuant to a therapeutic use exemption granted in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification.

2.6.2 Possession of a Prohibited Substance that is prohibited under the provisions relating to Out-of-Competition Testing or a Prohibited Method by Rider Support Personnel in connection with a Rider, Event or training, unless the Rider Support Personnel establishes that the Possession is pursuant to a therapeutic use exemption granted to a Rider in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification.

2.7 Trafficking in any Prohibited Substance or Prohibited Method.

2.8 Administration or Attempted administration of a Prohibited Substance to any rider.

2.9 Administration or Attempted administration of any Prohibited Method to any rider.

2.10 Assisting, encouraging, aiding, abetting, covering up, or any other complicity in the violation of an anti-doping rule or any attempted violation thereof.

3 - PROOF OF DOPING

3.1 Burdens and Standards of Proof

The BKSA shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether the BKSA has established an anti-doping rule violation to the comfortable satisfaction of the hearing body bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Rules place the burden of proof upon the Rider or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability.

3.2 Methods of Establishing Facts and Presumptions

Facts related to anti-doping rule violations may be established by any reliable means, including admissions. The following rules shall apply in proof of anti-doping rule violations:

3.2.1 Accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for laboratory analysis. The Athlete may rebut this presumption by establishing that a departure from the International Standard occurred.

If the Rider rebuts the preceding presumption by showing that a departure from the International Standard occurred, then the BKSA shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

3.2.2 Departures from the International Standard for Testing which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the Rider establishes that departures from the International Standard occurred during Testing then the BKSA shall have the burden to establish that such departures did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation.

4 - THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List

These Anti-Doping Rules incorporate the Prohibited List which is published and revised yearly.

The BKSA shall ensure that the current Prohibited List is available to its members and riders.

4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Rules three months after publication of the Prohibited List by WADA without requiring any further action by the BKSA..

4.3 Criteria for Including Substances and Methods on the Prohibited List

As provided in Article 4.3.3 of the Code, WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List shall be final and shall not be subject to challenge by a Rider or other Person.

4.4 Therapeutic Use

4.4.1 Athletes with a documented medical condition requiring the use of a Prohibited Substance or a Prohibited Method must first obtain a Therapeutic Use Exemption ("TUE"). The issue and use of Therapeutic Use Exemptions is governed and determined by the World Anti-Doping Code International Standards for Therapeutic Use Exemptions.

4.4.2 Athletes included by the BKSA in its Registered Testing Pool and other Riders prior to their participation in any International Event must obtain a TUE from the BKSA(regardless of whether the Athlete previously has received a TUE at the national level).

4.4.3 The BKSA Board shall appoint a panel of physicians to consider requests for TUE's (the "TUE Panel"). Upon the BKSA’s receipt of a TUE request, the Chair will consider such request. The TUE Panel member(s) so designated shall promptly evaluate such request in accordance with the International Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the final decision of the BKSA.

4.4.3.1 International-Level Riders who are included in the BKSA’s Registered Testing Pool, should apply to the BKSA for the TUE at the same time the Rider first provides whereabouts information to the BKSA and, except in emergency situations, no later than 21 days before the Rider's participation at an International or National Event.

4.4.3.2 Riders participating in International Events who are not included in the BKSA RegisteredTesting Pool must, except in emergency situations, request a TUE from the BKSA no later than 21 days before the Rider's participation at an International or National Event.

4.4.4 WADA, at the request of a Riders or on its own initiation, may review the granting or denial of any TUE to an International Level Rider or a national level Rider that is included in a Registered Testing Pool. If WADA determines that the granting or denial of a TUE did not comply with the International Standard for Therapeutic Use Exemptions in force at the time then WADA may reverse that decision. Decisions on TUE's are subject to further appeal as provided in Article 17.

5 - TESTING

5.1 Authority to Test

All Rider’s affiliated with a National Federation shall be subject to In-Competition Testing by the BKSA, the Rider's National Federation, and any other Anti-Doping Organization responsible for Testing at a Competition or Event in which they participate. All Rider’s affiliated with a National Federation shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by the BKSA, WADA, the Rider's National Federation, the National Anti-Doping Organization of any country where the Rider is present.

5.2 Responsibility for testing

The BKSA shall be responsible for overseeing all Testing. Testing may be conducted by members of the BKSA  or by other qualified persons so authorized by the BKSA.

5.3 Testing Standards

Testing conducted by the BKSA and its National Federations shall be in substantial conformity with the International Standard for Testing in force at the time of Testing.

5.3.1 Blood (or other non-urine) Samples may be used either to detect Prohibited Substances or Prohibited Methods or for screening procedure purposes only. If the blood is collected for screening only, it will have no other consequences for the Rider other than to identify him/her for a urine test under these anti-doping rules. In these circumstances, the BKSA may decide at its own discretion which blood parameters are to be measured in the screening Sample and what levels of those parameters will be used to indicate that a Rider should be selected for a urine test.

5.4 Coordination of Testing

The BKSA and National Federations shall promptly report completed tests through the WADA to avoid unnecessary duplication in Testing.

5.5 Rider Whereabouts Requirements

5.5.1 The BKSA shall identify a Registered Testing Pool of those Riders who are required to provide up-to-date whereabouts information to the BKSA. The BKSA  may revise its Registered Testing Pool from time to time as appropriate.

5.5.2 Any Rider in the BKSA Registered Testing Pool who is unavailable for testing on three attempts during any period of 18 consecutive months shall be considered to have committed an anti-doping rule violation pursuant to Article 2.4. For each attempt, the Doping Control Officer shall visit all locations during the times specified by the Rider for that date and shall stay two hours at each location. Notification shall be sent to the Rider between each attempt which is to be counted as an unavailable test.

5.5.3 Any Rider in the BKSA Registered Testing Pool who fails to timely submit a required six-monthly whereabouts report after receipt of two formal written warnings from the BKSA or a National Federation to do so in the preceding 18 months shall be considered to have committed an anti-doping rule violation pursuant to Article 2.4.

5.5.4 Each National Federation shall also assist their National Anti-Doping organisation in establishing a national level Registered Testing Pool of top-level national Riders who are not already included in the BKSA Registered Testing Pool. The National Federation/National Anti-doping Organisation may establish its own whereabouts reporting requirements and criteria for Article 2.4 violations applicable to those Riders.

5.5.5 If a national team member listed in the Registered Pool cannot be found for unannounced testing, due to incorrect or insufficient information provided to the BKSA – a full report must be submitted to the board.

5.5.6 Whereabouts information provided pursuant to Articles 5.5.1 and 5.5.4 shall be shared with WADA and other Anti-Doping Organizations having jurisdiction to test a Rider on the strict condition that it be used only for Doping Control purposes.

5.5.7 The BKSA will publish the team lists and whereabouts information or lack of whereabouts information to its committee members and testers.

5.6 Retirement and Return to Competition

5.6.1 A Rider who has been identified by the BKSA for inclusion in the BKSA’s Registered Testing Pool shall continue to be subject to these Anti-Doping Rules, including the obligation to be available for No Advance Notice Out-of-Competition Testing, unless and until the Rider gives written notice to the BKSA that he or she has retired or until he or she no longer satisfies the criteria for inclusion in the BKSA’s Registered Testing Pool and has been so informed by the BKSA.

5.6.2 A Rider who has given notice of retirement to the BKSA through his/her National Federation may not resume competing unless he or she notifies the BKSA at least six months before he or she expects to return to competition and is available for unannounced Out-of-Competition Testing, at any time during the period before actual return to competition and has complied with article 5.5.1.

5.7 Selection of Riders to be Tested

5.7.1 At International Events, the BKSA Anti-doping Committee  shall determine the number of finishing placement tests, random tests and target tests to be performed.

5.7.2 Any Rider that establishes or breaks a world record.

5.7.3 Riders shall be selected for Out-of-Competition Testing by the BKSA Anti-doping Committee through a process that substantially complies with the International Standard for Testing in force at the time of selection.

5.8 National Federations and the organizing committees for National Federation Events shall provide access to Independent Observers at Events as directed by the BKSA if necessary.

6 - DOPING CONTROL IN BKSA COMPETITIONS

6.1 Selection of Riders to be tested at BKSA competitions shall be decided by the Doping Control Commission. All participating Athletes shall be considered. Selection shall be made before the start of each session.

NOTE: All controls made starting three (3) days before the beginning of an event to the last day of the competitions are considered to be part of the in-competitions controls.

6.2 Any lifter establishing or breaking a World Record shall submit to Doping control following the competition. No World Record shall be recognised without a negative doping test certificate for all Prohibited Substances or Methods identified on the Prohibited List for which an analytical technique is available.

6.3 Should a Rider obtain a national record in a BKSA Competition and not otherwise be selected for Doping control, and the Rules of the Member Federation of the Riders are similar to 6.2, the Member Federation may request the BKSA to conduct Doping control on such Rider upon payment of a fee reasonably determined by the BKSA.

6.4 A member of the Doping Control, or its designate (the “escort“), shall write the name of the Rider on a notification form and present it to the Rider, as discreetly as possible, immediately after he or she is finished competing. The Rider shall sign to confirm receipt of notice. The time of signing shall be recorded on the form. The Rider must stay in clear view of the escort until reporting to the Doping control station.

6.5 If a Rider refuses to sign the notification form, the escort shall immediately report this to the Doping Control who shall make every effort to inform the Rider of his obligation to undergo Doping control. If the Rider fails or refuses to sign this notice or fails to report to Doping control within one hour of acknowledging the notice, he shall be deemed to have refused to submit to Doping control for the purpose 2.3. Even if the Rider indicates reluctance to report to the Doping control station, the escort shall keep the Rider in view until there is no question that the Rider has refused to submit to Doping control.

6.6 The Rider must appear in the Doping control station as soon as possible after the competition. In the event that the Riders have to attend a BKSA press conference, they must appear at the Doping control station immediately after this official press conference.

6.7 The Rider shall be entitled to be accompanied to the Doping control station by a Competition-accredited representative from his Member Federation.

6.8 The Rider must show identification by presenting his or her membership card at the Doping control station. The Rider’s time of arrival at the Doping control station shall be recorded on the doping protocol.

6.9 If a Rider has to leave the Doping control station for any justifiable reason, he may do so only under the constant supervision of an escort.

6.10 Only the following persons may be present in the Doping control station:

a) BKSA Anti-doping Control staff

b) Staff assigned to the station

c) Authorised interpreters

d) The Riders selected for Doping control and their respective

accredited representative

e) Other people only with the permission of the Doping Control Station.

Important notice: The news media shall not be admitted to the Doping control station. The doors of the station must not be left open. No photography shall be permitted in the Doping control station during the hours of operation.

7 - COLLECTION OF URINE SAMPLES AT BKSA COMPETITIONS

7.1 Each Rider asked to provide a Sample shall also provide information on a form generated by the BKSA. The Rider’s name, country, code number and the name of the event will be entered into the form, as well as any medication taken by the Rider which (a) is on the Prohibited List of substances and methods (4.1), but which may be permitted under certain circumstances specified in the Prohibited List; or (b) has been approved for legitimate medical purposes pursuant to 4.4. The Rider shall declare any prescribed medication, non-prescribed medication and nutritional supplements that he/she has used in the preceding seven (7) days. The form shall provide the names of the people present at the Doping control station involved with the obtaining of the Sample, including the Doping Control  and the head of the station. Any allege irregularities in the testing procedure must be registered on the form. The form shall include three copies for distribution as follows:

a) a copy to be retained by the representative of the BKSA;

b) a copy to be given to the Rider;

c) a special copy to be sent to the laboratory which is to conduct the

analysis. The copy that is sent to the laboratory must not contain any information which could identify the Rider who provided the Sample;

7.2 The Rider shall select an individually sealed collection vessel from a number of such vessels, visually check that it is empty and clean, and proceed to provide a minimum of 80 ml of urine under the direct supervision of, and within the view of, a chaperone, who shall be of the same gender as the Rider. To ensure authenticity of the Sample, the chaperone must require disrobing, as it is necessary to confirm the urine has been produced by the Rider. No one other than the Rider and chaperone shall be present when the urine is collected. Blood sampling may be performed prior to, after or instead of a urine Sample (see point 9).

7.3 The Rider shall remain in the Doping control station until he or she has fulfilled the duty to pass an adequate quantity of urine. If the Rider is unable to provide the required amount, the urine which is collected shall be securely sealed in partial sample until the Rider is ready to provide an additional quantity of urine. The partial sample container’s unique identification number, the approximate volume of urine and the time that the partial sample was sealed will be recorded on a Partial Sample Form. When the Rider is ready to provide an additional sample the Rider will be asked to select a new individually sealed collection vessel and to provide an additional sample under observation. When the DCO indicates that a sufficient volume of urine has been provided, the Partial Sample Form is completed by the Rider the DCO and the chaperone. The DCO shall indicate that partial samples were provided by attaching the completed Partial Sample Form to the Doping Control Form. The Rider will be asked to break the seal(s) on the partial sample container(s) and combine all of the partial samples. The following standard procedures are then followed.

7.4 When the Rider has provided at least 80 ml of urine, he or she shall select from a number of such kits a urine control kit, containing two containers for Samples (A and B). The Rider shall check to be sure the containers are empty and clean.

7.5 The Rider, or his representative, shall pour approximately two-thirds of the urine from the collection vessel into an A bottle and one-third into a B bottle which can be sealed as provided in the International Standard for Testing. A few drops of urine should remain in the collection vessel for the measurement of acidity and specific gravity. The Rider shall then close both bottles and verify that no leakage can occur. The Rider shall also verify that both containers have the same number code. The Chaperone or the DCO may, with permission of the Rider, assist the Rider with the procedures. The Rider must also verify at each step in the Doping control procedure that each bottle has the same code.

7.7 When the DCO is suspicious of the 1st sampling, he/she can ask for a second sampling.

7.8 The Rider shall certify, by signing the appropriate form (7.1) that the entire procedure has been performed in compliance with the procedures outlined above. The Rider shall also record any irregularities or procedural deviations he/she identifies. Any irregularities or procedural deviations identified by the Rider’s accredited representative (if present), the DCO, Doping Control member(s) or station staff shall be recorded on the form. The form will also be signed by the chaperone who witnessed the Sample procedure and by the Rider’s accredited representative (if present).

7.9 The accumulation of Samples may take place over several sessions of Competition before dispatch to the laboratory. During this time, the Samples must be kept under security. If there is prolonged delay in dispatching the Samples to the laboratory, storage in a cool, secure place may be necessary. The organising committee of the Competition shall be responsible for the secure transport of the containers as soon as possible after Doping control.

7.10 The BKSA will provide identification labels, if required, for customs purposes. The opening of the transport container will not, of itself, invalidate Doping control.

8 - COLLECTION OF URINE SAMPLES AT UNANNOUNCED TESTING

8.1 The nature of unannounced, Out-of-Competition Doping control makes it desirable that little or no prior warning is given to the Rider. Every effort will be made by the DCO to collect the Sample speedily and efficiently with the minimum of interruption to the Rider’s training, social or work arrangements. If there is an interruption, however, no Rider may take action to gain compensation for any inconvenience incurred.

8.2 When a Rider has been selected for unannounced Doping control, the DCO may either make an appointment to meet the Rider or he may arrive unannounced at the Rider’s training camp, accommodation or any other place where the Rider is likely to be found. In either case, the DCO shall show proof of identity and provide a copy of his letter of appointment from BKSA . The DCO shall also require proof of identity of the Rider. The actual collection of the Sample shall be in as much accordance with point 7 as reasonably practicable.

8.3 Arrangements for collection of the Sample shall be made as soon as possible after the appointment with the Rider has been made. It is the Rider’s responsibility to check the arranged date, time and precise location of the meeting.

8.4 Where a DCO arrives unannounced he must give the Rider  reasonable time to complete any reasonable activity in which he is engaged under the observation of the DCO, but Testing should commence as soon as possible.

8.5 A form, similar to the form described in 7.1, shall be completed for each

Rider selected for unannounced Testing.

8.6 If the Rider refuses to provide a urine Sample, the DCO shall note this on the Doping control form, sign his name to the form and ask the Rider to sign the form. The DCO shall also note any other irregularities in the Doping control process.

9 - BLOOD SAMPLE COLLECTION PROCEDURE – IN-COMPETITION AND OUT-OF-COMPETITION TESTING

9.1 Each Rider selected to provide a blood Sample shall provide the information provided in 7.1.

9.2 Blood sampling may be performed prior to, after or instead of a urine Sample. If adequate blood sample is not obtained after two venipuncture attempts, no further venipuncture will be performed during the next 24 hours. No Rider shall be required to provide more than two blood Samples in a 48-hour period. The total amount to be withdrawn in this period shall not exceed 20 ml. Blood Samples shall always be taken by physicians or other health care professionals trained and experienced in the collection of blood Samples. Blood shall be analysed only to detect the use of EPO, GH or other Prohibited Substances or Methods.

9.3 The Rider shall declare the following on the Sample collection form (7.1):

a) the use of any medications that may affect the venipuncture procedure, particularly those that affect clotting (e.g. aspirin, warfarin, non-steroidal anti-inflammatory agents),

b) any other medications or nutritional supplements that he/she has used in the preceding seven (7) days,

c) any bleeding disorder, and

d) any blood or blood product transfusions the Rider has received in the preceding six months and the reason for the transfusion.

9.4 The Rider shall select one Blood Collection Kit, open it, inspect the contents and place these on a table in front of him/herself. The sampling official shall explain the blood sampling procedure to the Rider. The Rider will be asked to sit or lie down during the Sample taking. The sampling official will clean the skin with a disinfectant, apply a tourniquet and under sterile conditions using new, single-use blood collection equipment withdraw approximately 12 ml of blood. Blood and/or serum will then be prepared and stored in an appropriate manner. There shall not be separate A and B bottles for blood.

9.5 The DCO shall check that the code numbers on the venipuncture tubes and Security Containers correspond and record the control numbers on appropriate forms (7.1). The Rider shall verify that the code numbers correspond and have been correctly documented.

9.6 Centrifugation of the Serum Blood Tube may be required prior to the sealing of the Serum Blood Tube in a security container. The Rider shall observe the DCO place the Blood Tubes in the designated security containers and the sealing of such containers. The Rider shall certify, by signing the appropriate form (see 7.1), that the entire procedure has been performed in substantial compliance with the procedures outlined above. The Rider shall also record any irregularities or procedural deviations he/she identifies. Any irregularities or procedural deviations identified by the Rider’s accredited representative (if present), the DCO, Doping Control  member(s) or station staff shall be recorded on the form. The form will also be signed by the DCO who witnessed the Sample procedure and the Rider’s accredited representative (if present). The Rider shall be given a copy of the form.

9.7 If the Rider refuses to provide a blood Sample the DCO shall note this on the Doping control form, sign his name to the form and ask the Rider to sign the form.

9.8 Additional procedures for the collection of blood may be set forth in Procedural Guidelines for Blood Testing modified from time to time by the Doping control Board and approved by the BKSA Executive.

10 - ANALYSIS OF SAMPLES

Doping Control Samples collected under these Anti-Doping Rules shall be analyzed in accordance with the following principles:

10.1 Use of Approved Laboratories

The BKSA shall send Doping Control Samples for analysis only to WADA-accredited laboratories or as otherwise approved by WADA. The choice of the WADA-accredited laboratory (or other method approved by WADA) used for the Sample analysis shall be determined exclusively by the BKSA

10.2 Substances Subject to Detection

Doping Control Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code.

10.3 Research on Samples

No Sample may be used for any purpose other than the detection of substances (or classes of substances) or methods on the Prohibited List, or as otherwise identified by WADA pursuant to its Monitoring Program, without the Rider's written consent.

10.4 Standards for Sample Analysis and Reporting

Laboratories shall analyze Doping Control Samples and report results in conformity with the International Standard for Laboratory Analysis.

11 - RESULTS MANAGEMENT

11.1 Results Management for Tests Initiated by the BKSA

Results management for Tests initiated by the BKSA (including Tests performed by WADA pursuant to agreement with the BKSA) shall proceed as set forth below:

11.1.1 The results from all analysis must be sent to the BKSA in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be conducted in such a way that the results of the analysis are confidential.

11.1.2 Upon receipt of an A Sample Adverse Analytical Finding, the BKSA Anti-Doping Administrator shall conduct a review to determine whether an applicable therapeutic use exemption has been granted.

11.1.3 If the initial review under Article 11.1.2 does not reveal an applicable therapeutic use exemption, the BKSA shall promptly notify the Rider’s NF of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated, or, in a case under Articles 11.1.8 or 11.1.9, a description of the additional investigation that will be conducted as to whether there is an anti-doping rule violation; (c) the Rider's right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the right of the Rider and/or the Rider's representative to attend the B Sample opening and analysis if such analysis is requested; (e) the Rider's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratory Analysis and f) the Rider’s right to initiate a Hearing if he or she believes to be innocent. All costs arising from the Rider’s or his/her Federation’s request for the B sample analysis and the costs arising from the Rider’s or nominated representative’s presence at the testing of the B sample, including travel costs to the venue of the laboratory, board and lodging, etc. must be paid by the Rider’s National Federation or the Rider.

11.1.4 Arrangements shall be made for Testing the B Sample within ten days of the notification described in Article 11.1.3. A Rider may accept the A Sample analytical results by waiving the requirement for B Sample analysis. The BKSA may nonetheless elect to proceed with the B Sample analysis.

11.1.5 The Rider and/or his representative shall be allowed to be present at the analysis of the B Sample. Also a representative of the Rider's National Federation as well as a representative of the BKSA shall be allowed to be present. Any such Rider or representative may do so at his or her own expense.

11.1.6 If the B Sample proves negative, the entire test shall be considered negative and the Rider, his National Federation, and the BKSA shall be so informed.

11.1.7 If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to WADA, to the BKSA, which, in turn informs the National Federation.

11.1.8 The BKSA shall conduct any follow-up investigation as may be required by the Prohibited List. Upon completion of such follow-up investigation, the BKSA shall promptly notify the National Federation regarding the results of the follow-up investigation and whether or not the BKSA asserts that an anti-doping rule was violated.

11.1.9 For apparent anti-doping rule violations that do not involve Adverse Analytical Findings, the BKSA shall conduct any necessary follow-up investigation and shall then promptly notify the National Federation of the anti-doping rule which appears to have been violated, and the basis of the violation.

11.2 Results Management for Tests Initiated During Other International Events

Results management and the conduct of hearings from a test by  a Major Event Organization, shall be managed, as far as sanctions beyond Disqualification from the Event or the results of the Event, by the BKSA.

11.3 Provisional Suspensions

The BKSA will Provisionally Suspend a Rider immediately after receiving an Adverse Analytical Finding for the A sample or a doping offence has been made as described in Article 2 of the Policy. This suspension will remain in force until all applicable procedures have been completed, unless the Rider accepts the Adverse Analytical Findings and the appropriate sanction.

12 - RIGHT TO A FAIR HEARING

12.1 Hearings arising out of the BKSA Testing or Tests at International Events

12.1.1 When it appears, following the Results Management process described in Article 11, that those Anti-Doping Rules have been violated in connection with the BKSA Testing or Testing at an International Event then the Rider or other Person has the right to initiate a hearing before the BKSA Doping Hearing Panel.

12.1.2 The BKSA Executive Board shall appoint a standing panel consisting of a Chair and six other persons with experience in dealing with anti-doping matters who will constitute the BKSA Hearing Panel. When the Panel convenes to conduct hearings pursuant to Article 12, the Doping Hearing Panel shall be constituted by a Chair and four of the other persons. The Chair shall be a lawyer. Each Panel Member shall serve a term of four years and is eligible for reappointment.

12.1.3 The appointed members of the Panel shall have had no prior involvement with the case and shall not have the same nationality as the Rider or other Person alleged to have violated these Anti-Doping Rules.

12.1.4 Hearings pursuant to this Article shall be held on the occasion of the organisation of any world competitiond following the Rider’s or other Person’s request for hearing has been received by the BKSA. Hearings may be held at any other time as the need arises.

12.1.5 If an Rider or other Person requests a hearing, such request must be in writing and delivered to the BKSA Secretariat within 30 days of the BKSA’s written notification of the adverse analytical findings. The request for hearing must be accompanied by £300 Sterling, which is refundable if the hearing finds that there was no anti-doping rule violation.

12.1.6 A Rider or other Person may forego a hearing by acknowledging the Anti-Doping Rule violation and accepting Consequences consistent with Articles 14 and 15 as proposed by the BKSA.

12.1.7 Decisions of the BKSA Doping Hearing Panel may be appealed to Court of Arbitration for Sport as provided in Article 17.

12.2 Hearings Arising Out of National Testing

12.2.1 When it appears, following the Results Management process described in Article 11, that these Anti-Doping Rules have been violated in connection with Testing other than in connection with the BKSA Testing or Testing at an International Event, the Rider or other Person involved shall be brought before a disciplinary panel of the Rider or other Person's National Federation for a hearing to adjudicate whether a violation of these Anti-Doping Rules occurred and if so what Consequences should be imposed.

12.2.2 Hearings pursuant to this Article 12.2 shall be completed expeditiously and in all cases within three months of the completion of the Results Management process described in Article 11. Hearings held in connection with Events may be conducted by an expedited process. If the completion of the hearing is delayed beyond three months, the BKSA may elect, if the Rider is an International Level Rider, to bring the case directly to a single arbitrator from the Court of Arbitration for Sport. The case before the Court of Arbitration for Sport shall be conducted in accordance with the Court of Arbitration for Sport appeal procedure without reference to any time limit for appeal. If the completion of the hearing is delayed beyond three months, and the Rider is not an International Level Rider, the BKSA may elect to bring the case directly before the national level appellate body appropriate for the National Federation of the Rider,

In either case, the hearing shall proceed at the responsibility of and at the expense of the National Federation. In either case, the appeal from such decision shall be to the Court of Arbitration for Sport

12.2.3 National Federations shall keep the BKSA and WADA fully apprised as to the status of pending cases and the results of all hearings.

12.2.4 The BKSA and WADA shall have the right to attend hearings as an observer.

12.2.5 The Rider or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Rules and accepting Consequences consistent with Articles 14 and 15 as proposed by the National Federation.

12.2.6 Decisions by National Federations, whether as the result of a hearing or the Rider or other Person's acceptance of Consequences, may be appealed as provided in Article 17.

12.2.7 Hearing decisions by the National Federation shall not be subject to further administrative review at the national level except as provided in Article 17 or required by applicable national law.

13 - PRINCIPLES FOR A FAIR HEARING

All hearings pursuant to Article 12 shall respect the following principles:

• a timely hearing;

• fair and impartial hearing body;

• the right to be represented by counsel at the Person's own expense;

• the right to be fairly and timely informed of the asserted anti-doping rule violation;

• the right to respond to the asserted anti-doping rule violation and resulting Consequences;

• the right of each party to present evidence, including the right to call and question witnesses (subject to the hearing body's discretion to accept testimony by telephone or written submission);

• the Person's right to an interpreter at the hearing, with the Doping Panel to determine the identity, and responsibility for the cost of the interpreter; and

• a timely, written, reasoned decision;

• The BKSA Doping Hearing Panel may conduct hearings either face to face or by telephone conference or video-link or other electronic means that it decides are appropriate in all the circumstances of any particular case.

14 - AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

A violation of these Anti-Doping Rules in connection with an In-Competition test automatically leads to Disqualification of the individual result obtained in that Competition with all resulting consequences, including forfeiture of any medals, points and prizes.

15 - SANCTIONS ON INDIVIDUALS

15.1 Disqualification of Results in Event During which an Anti-Doping Rule Violation Occurs

An Anti-Doping Rule violation occurring during or in connection with an Event may lead to Disqualification of all of the Rider's individual results obtained in that Event with all consequences, including forfeiture of all medals, points and prizes.

15.2 Imposition of Ineligibility for Prohibited Substances and Prohibited Methods

Except for the specified substances identified in Article 15.3, the period of Ineligibility imposed for a violation of Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) and Article 2.6 (Possession of Prohibited Substances and Methods) shall be:

First violation: Two (2) years' Ineligibility.

Second violation: Lifetime Ineligibility.

However, the Rider or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing this sanction as provided in Article 15.5.

15.3 Specified Substances

The Prohibited List may identify specified substances which are particularly susceptible to unintentional anti-doping rules violations because of their general availability in medicinal products or which are less likely to be successfully abused as doping agents. Where a Rider can establish that the Use of such a specified substance was not intended to enhance sport performance, the period of Ineligibility found in Article 15.2 shall be replaced with the following:

First violation: At a minimum, a warning and reprimand and no period of Ineligibility from future Events, and at a maximum, one (1) year's Ineligibility.

Second violation: Two (2) years' Ineligibility.

Third violation: Lifetime Ineligibility.

However, the Rider or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing (in the case of a second or third violation) this sanction as provided in Article 15.5.

15.4 Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility for other violations of these Anti-Doping Rules shall be:

15.4.1 For violations of Article 2.3 (refusing or failing to submit to Sample collection) or Article 2.5 (Tampering with Doping Control), the Ineligibility periods set forth in Article 15.2 shall apply.

15.4.2 For violations of Article 2.7 (Trafficking), Article 2.8 (administration of Prohibited Substance or Prohibited Method), Article 2.9 (Administration or attempted administration of any Prohibited Method to any athlete) or Article 2.10 (Assisting, encouraging, aiding, abetting, covering up, or any other complicity in the violation of an anti-doping rule or any attempted violation thereof), the period of Ineligibility imposed shall be a minimum of four (4) years up to lifetime Ineligibility. An anti-doping rule violation involving a Minor shall be considered a particularly serious violation, and, if committed by Rider Support Personnel for violations other than specified substances referenced in Article 15.3, shall result in lifetime Ineligibility for such Rider Support Personnel. In addition, violations of such Articles which also violate non-sporting laws and regulations, may be reported to the competent administrative, professional or judicial authorities.

15.4.3 For violations of Article 2.4 (Whereabouts Violations or Missed Tests), the period of Ineligibility shall be:

First violation: Three (3) months to one (1) year Ineligibility.

Second and subsequent violations: Two (2) years' Ineligibility.

15.5 Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances

15.5.1 If the Rider establishes in an individual case involving an anti-doping rule violation under Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers) or Use of a Prohibited Substance or Prohibited Method under Article 2.2 that he or she bears No Fault or Negligence for the violation, the otherwise applicable period of Ineligibility shall be eliminated. When a Prohibited Substance or its Markers or Metabolites is detected in an Rider's Specimen in violation of Article 2.1 (presence of Prohibited Substance), the Rider must also establish how the Prohibited Substance entered his or her system in order to have the period of Ineligibility eliminated. In the event this Article is applied and the period of Ineligibility otherwise applicable is eliminated, the anti-doping rule violation shall not be considered a violation for the limited purpose of determining the period of Ineligibility for multiple violations under Article 15.2, 15.3 and 15.6.

15.5.2 This Article 15.5.2 applies only to anti-doping rule violations involving Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers), Article 2.2 (Use of a Prohibited Substance or Prohibited Method), Article 2.3 (failing to submit to Sample collection), Article 2.8 (administration or Attempted administration of a Prohibited Substance to any Athlete), Article 2.9 (Administration or Attempted administration of any Prohibited Method to any athlete) or Article 2.10 (Assisting, encouraging, aiding. abetting, covering up or any other complicity in the violation of an anti-doping rule or any attempted violation thereof). If an Rider establishes in an individual case involving such violations that he or she bears No Significant Fault or Negligence, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the minimum period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this section may be no less than 8 years. When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Specimen in violation of Article 2.1 (presence of Prohibited Substance), the Rider must also establish how the Prohibited Substance entered his or her system in order to have the period of Ineligibility reduced.

15.5.3 The BKSA Doping Hearing Panel may also reduce the period of Ineligibility in an individual case where the Rider has provided substantial assistance to the BKSA which results in the BKSA discovering or establishing an anti-doping rule violation by another Person involving Possession under Article 2.6.2 (Possession by Rider Support Personnel), Article 2.7 (Trafficking), Article 2.8 (administration or Attempted administration of Prohibited Substances to any Athlete), Article 2.9 (administration or Attempted administration of any Prohibited Method to any athlete) or Article 2.10 (assisting, encouraging, aiding, abetting, covering up, or any other complicity in the violation of an anti-doping rule or any attempted violation thereof). The reduced period of Ineligibility may not, however, be less than one-half of the minimum period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than 8 years

15.6 Rules for Certain Potential Multiple Violations

15.6.1 For purposes of imposing sanctions under Article 15.2, 15.3 and 15.4, a second anti-doping rule violation may be considered for purposes of imposing sanctions only if the BKSA (or its National Federation) can establish that the Rider or other Person committed the second anti-doping rule violation after the Rider or other Person received notice, or after the BKSA (or its National Federation) made a reasonable attempt to give notice, of the first anti-doping rule violation; if the BKSA (or its National Federation) cannot establish this, the violations shall be considered as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction.

15.6.2 Where a Rider, based on the same Doping Control, is found to have committed an anti-doping rule violation involving both a specified substance under Article 15.3 and another Prohibited Substance or Prohibited Method, the Rider shall be considered to have committed a single anti-doping rule violation, but the sanction imposed shall be based on the Prohibited Substance or Prohibited Method that carries the most severe sanction.

15.6.3 Where a Rider is found to have committed two separate anti-doping rule violations, one involving a specified substance governed by the sanctions set forth in Article 15.3 (specified substances) and the other involving a Prohibited Substance or Prohibited Method governed by the sanctions set forth in Article 15.2 or a violation governed by the sanctions in Article 15.4.1, the period of Ineligibility imposed for the second offence shall be at a minimum two years’ Ineligibility and at a maximum three years’ Ineligibility. Any Rider found to have committed a third anti-doping rule violation involving any combination of specified substances under Article 15.3 and any other anti-doping rule violation under Article 15.2 or 15.4.1 shall receive a sanction of lifetime Ineligibility.

15.7 Disqualification of Results in Competitions Subsequent to Sample Collection

In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 14 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other doping violation occurred, until the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.

15.8 Commencement of Ineligibility Period

The commencement of the Ineligibility period on sanctions imposed by the BKSA or Anti-Doping Organization starts on the date of the Sample collection. Any period of Provisional Suspension shall be credited against the total period of Ineligibility to be served.

15.9 Status During Ineligibility

No Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in an Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by the BKSA or any National Federation. In addition, for any anti-doping rule violation not involving specified substances described in Article 15.3, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by the BKSA and its National Federations. A Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate in local sport events in a sport other than sports subject to the jurisdictions of BKSA and its National Federations, but only so long as the local sport event is not at a level that could otherwise qualify such Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event.

15.10 Reinstatement Testing

As a condition to regaining eligibility at the end of a specified period of Ineligibility, a Rider must, during any period of Provisional Suspension or Ineligibility, make him or herself available for Out-of-Competition Testing by the BKSA, the applicable National Federation, and any other Anti-Doping Organization having Testing jurisdiction, and must provide current and accurate whereabouts information as provided in Article 5.5. If a Rider subject to a period of Ineligibility retires from sport and is removed from Out-of-Competition Testing pools and later seeks reinstatement, the Rider shall not be eligible for reinstatement until the Rider has notified the BKSA and the applicable National Federation and has been subject to Out-of-Competition Testing for a period of time equal to the longer of the period set forth in Article 5.6 or the period of Ineligibility remaining as of the date the Rider had retired. During such remaining period of Ineligibility, a minimum of 2 tests must be conducted on the Rider with at least three months between each test. The National Federation shall be responsible for conducting the necessary tests, but tests by any Anti-Doping Organization may be used to satisfy the requirement. The results of such tests shall be reported to the BKSA. In addition, immediately prior to the end of the suspension period, a Rider must undergo Testing by the BKSA for the Prohibited Substances and Methods for Out-of-Competition Testing. Once the period of a Rider's suspension has expired, and the Rider has fulfilled the conditions of reinstatement, then the Rider will become automatically re-eligible and no application by the Rider or by the Riders's National Federation will then be necessary.

16 - SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL FEDERATIONS

16.1 The BKSA has the authority to withhold some or all funding or other non-financial support to National Federations that are not in compliance with these Anti-Doping Rules.

16.2 National Federations shall be obligated to reimburse the BKSA for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an Riders or other Person affiliated with that National Federation.

16.3 BKSA may elect to take additional disciplinary action against National Federations with respect to recognition, the eligibility of its officials and Riders to participate in International Events and fines based on the following:

16.3.1 When three or more violations of these Anti-Doping Rules (other than violations involving Articles 2.4 and 15.3) are committed by Riders or other Persons affiliated with a National Federation within one (1) calendar year in testing conducted by the BKSA or Anti-Doping Organizations other than the National Federation or its National Anti-Doping Organization, in such event the BKSA may in its discretion elect to:

a) Ban all officials from that National Federation from participation in any BKSA activities for a period of up to two years, and/or

b) Suspend that National Federation from participating in any BKSA activities for a period of up to two years, and/or

c) Fine the National Federation a minimum of £15,000. The amount of the fine as well as the conditions of payment are to be decided by the BKSA Executive Board. For the purpose of this Article, any fine paid pursuant to Article 16.3.2 shall be credited against any fine imposed. In default of the payment of such fine, the National Federation shall be suspended for a period of time decided by the BKSA Executive Board, being not less than twelve months. In addition, the BKSA Executive Board may suspend the National Federation

d) Eliminate from international competitions any National Federation, which does not comply with directives or request issued by the BKSA on doping matters.

e) National Federations must investigate every doping offence when requested by the BKSA in order to find who else was involved in the doping offence. Failure to produce a comprehensive report within a period of time decided by the Executive Board may lead to sanctions towards this National Federation. These sanctions may lead to provisional exclusion of participation in international events listed in the calendar of events of the BKSA.

f) When a national coach, named by his/her respective National Federation has three positive cases for non-specified substances during a 4-year period, may be excluded from participation in international events for a period of time decided by the Executive Board. During this exclusion period, this coach cannot be employed for similar duties with another National Federation.

16.3.2 If any National Federation or any members or officials thereof, by reason of conduct connected with or associated with doping or anti-doping violations, brings the sport of kitesurfing into disrepute, the BKSA Executive Board may, in its discretion, take such action as it deems fit to protect the reputation and integrity of the sport. Without limiting the discretion of the BKSA Executive Board to impose a penalty that it considers just and proper in all circumstances, the Executive Board may:

a) Ban all or some of the officials of that National

Federation from participating in BKSA activities for a period of up to two years, and/or

b) Suspend the National Federation from participating in any activities for a period of up to two years, and/or

c) Fine the National Federation in an amount of up to £20,000. In default of payment, the BKSA Executive Board may suspend the National Federation for a period of up to two years.

16.3.2.1 If three or more violations of these Anti-Doping Rules (other than violations involving Articles 2.4 and 15.3) are committed in addition to the violations described in Article 16.3.1 by Riders or other Persons affiliated with a National Federation within a 12-month period in testing conducted by the BKSA or Anti-Doping Organizations other than the National Federation or its National Anti-Doping Organization, then the BKSA may suspend that National Federation’s membership for a period of up to 4 years.

16.3.3 When more than one Rider or other Person from a National Federation commits an Anti-Doping Rule violation during an International Event the BKSA may fine that National Federation in an amount up to £10000

16.3.4 When a National Federation fails to submit the information to the BKSA concerning the Rider’ whereabouts by the date specified, after one formal written warning, it will be fined £300  per Rider in addition to all of the BKSA costs incurred in Testing that National Federation's Riders.

16.3.5 For each doping offence resulting from tests conducted by BKSA or WADA, a fine of £1000 and the analysis costs of the test must be paid to the BKSA by the Rider’s National Federation. The fine must be paid to the BKSA within 3O (thirty) days from the date of the demand. The National Federation may not enter any Rider in international competitions until it has paid the fine.

16.4 The provisions set out in Appendix 3 shall apply to BKSA Doping Controls.

17 APPEALS

17.1 Decisions Subject to Appeal

Decisions made under these Anti-Doping Rules may be appealed as set forth below in Article 17.2 through 17.4. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorized in Article 12 must be exhausted.

17.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, and Provisional Suspensions

A decision that an anti-doping rule violation was committed, a decision imposing Consequences for an anti-doping rule violation, a decision that no anti-doping rule violation was committed, a decision that the BKSA or its National Federation lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences, may be appealed exclusively as provided in this Article 17.2. Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Rider or other Person upon whom the Provisional Suspension is imposed.

17.2.1 In cases arising from competition in an International Event or in cases involving International-Level Riders, the decision may be appealed exclusively to the Court of Arbitration for Sport (“CAS”) in accordance with the provisions applicable before such court.

17.2.2 In cases involving Riders that do not have a right to appeal under Article 17.2.1, each National Federation shall have in place an appeal procedure that respects the following principles: a timely hearing, a fair and impartial hearing body; the right to be represented by a counsel at the person’s expense; and a timely, written, reasoned decision. The BKSA’s rights of appeal with respect to these cases are set forth in Article 17.2.3 below.

17.2.3 In cases under Article 17.2.1, the following parties shall have the right to appeal to CAS: (a) the Rider or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the BKSA and any other Anti-Doping Organization under whose rules a sanction could have been imposed and (d) WADA. In cases under Article 17.2.2, the parties having the right to appeal to the national-level reviewing body shall be as provided in the National Federation's rules but, at a minimum, shall include: (a) the Rider or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the BKSA; and (d) WADA. For cases under Article 17.2.2, WADA and the BKSA shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body.

17.3 Appeals from Decisions Granting or Denying a Therapeutic Use Exemption

Decisions by WADA reversing the grant or denial of a TUE exemption may be appealed exclusively to CAS by the Rider, the BKSA, or National Anti-Doping Organization or other body designated by a National Federation which granted or denied the exemption. Decisions to deny therapeutic use exemptions, and which are not reversed by WADA, may be appealed by International-Level Riders to CAS and by other Riders to the national level reviewing body described in Article

17.2.2. If the national level reviewing body reverses the decision to deny a therapeutic use exemption, that decision may be appealed to CAS by WADA.

17.4 Appeal from Decisions Pursuant to Article 16

Decisions by the BKSA pursuant to Article 16 may be appealed exclusively to CAS by the National Federation.

17.5 Time for Filing Appeals

The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having lead to the decision subject to appeal:

a) Within ten (10) days from notice of the decision, such party/ies shall have the right to request from the body having issued the decision a copy of the file on which such body relied.

b) If such a request is made within the ten-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS.

18 - NATIONAL FEDERATIONS INCORPORATION OF IF RULES, REPORTING AND RECOGNITION

18.1 Incorporation of the BKSA Anti-Doping Rules

All National Federations shall comply with these Anti-Doping Rules. These Anti-Doping Rules shall also be incorporated either directly or by reference into each National Federations Rules. All National Federations shall include in their regulations the procedural rules necessary to effectively implement these Anti-Doping Rules. Each National Federation shall obtain the written acknowledgement and agreement, in the form attached as Appendix 1, of all Riders subject to Doping Control and Rider Support Personnel for such Riders. Notwithstanding whether or not the required form has been signed, the Rules of each National Federation shall specifically provide that all Riders, Rider Support Personnel and other Persons under the jurisdiction of the National Federation shall be bound by these Anti-Doping Rules.

18.2 Statistical Reporting

National Federations shall report to the BKSA at the end of every quarter results of all Doping Controls within their jurisdiction sorted by Rider and identifying each date on which the Rider was tested, the entity conducting the test, and whether the test was In-Competition or Out-of-Competition. The BKSA may periodically publish Testing data received from National Federations as well as comparable data from Testing under BKSA’s jurisdiction.

18.3 Doping Control Information Clearing House

When a National Federation has received an Adverse Analytical Finding on one of its Athletes it shall report the following information to the BKSA and WADA within fourteen (14) days of the process described in Article 11.1.2 and 11.1.3: the Rider’s name, country, sport and discipline within the sport, whether the test was In-Competition or Out-of-Competition, the date of Sample collection and the analytical result reported by the laboratory. The National Federation shall also regularly update the BKSA and WADA on the status and findings of any review or proceedings conducted pursuant to Article11 (Results Management), Article 12 (Right to a Fair Hearing) or Article 13 (Appeals), and comparable information shall be provided to the BKSA and WADA within 14 days of the notification described in Article 11.1.9, with respect to other violations of these Anti-Doping Rules. In any case in which the period of Ineligibility is eliminated under Article 15.5.1 (No Fault or Negligence) or reduced under Article 15.5.2 (No Significant Fault or Negligence), the BKSA and WADA shall be provided with a written reasoned decision explaining the basis for the elimination or reduction. Neither the BKSA nor WADA shall disclose this information beyond those persons within their organisations with a need to know until the National Federation has made public disclosure or has failed to make public disclosure as required in Article 18.4 below.

18.4 Public Disclosure

18.4.1 Neither the BKSA nor its National Federation shall publicly identify Riders whose Samples have resulted in Adverse Analytical Findings, or who were alleged to have violated other Articles of these Anti-Doping Rules until it has been determined in a hearing in accordance with Article 12 that an anti-doping rule violation has occurred, or such hearing has been waived, or the assertion of an anti-doping rule violation has not been timely challenged [or the Rider has been Provisionally Suspended]. Once a violation of these Anti-Doping Rules has been established, it shall be publicly reported within 20 days.

18.4.2  The BKSA will publish regularly on its webpage the list of all positive cases.

18.5 Recognition of Decisions by the BKSA and National Federations

Any decision of the BKSA or a National Federation regarding a violation of these Anti-Doping Rules shall be recognized by all National Federations, which shall take all necessary action to render such results effective.

19 - RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS

Subject to the right to appeal provided in Article 17, the Testing, therapeutic use exemptions and hearing results or other final adjudications of any Signatory to the Code which are consistent with the Code and are within the Signatory’s authority, shall be recognized and respected by the BKSA and its National Federations. The BKSA and its National Federations may recognize the same actions of other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code.

20 - STATUTE OF LIMITATIONS

No action may be commenced under these Anti-Doping Rules against a Rider or other Person for a violation of an anti-doping rule contained in these Anti-Doping Rules unless such action is commenced within eight years from the date the violation occurred.

21 - BKSA COMPLIANCE REPORTS TO WADA

The BKSA will report to WADA on the BKSA’s compliance with the Code every second year and shall explain reasons for any non-compliance.

22 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES

22.1 These Anti-Doping Rules may be amended from time to time by the BKSA Executive Board.

22.2 Except as provided in Article 22.5, these Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

22.3 The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer.

22.4 The INTRODUCTION and the APPENDIX I DEFINITIONS shall be considered integral parts of these Anti-Doping Rules.

22.5 These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code. The comments annotating various provisions of the Code may, where applicable, assist in the understanding and interpretation of these Anti-Doping Rules.

22.6 Notice to a Rider or other Person who is a member of a National Federation may be accomplished by delivery of the notice to the National Federation.

22.7 These Anti-Doping Rules shall not apply retrospectively to matters pending before the date these Anti-Doping Rules came into effect.

23 - EDUCATION

23.1 The BKSA, in conjunction with the Continental Federations will organise, in various parts of the World, annual informative and educational symposiums, to educate and inform the participants on doping related matters.