WADA Compliance Review Committee recommends series of strong consequences for RUSADA non-compliance

WADA

Press Release

27th November 2019

WADA Executive Committee to consider recommendation and proposed consequences on 9 December

Having considered a report from the World Anti-Doping Agency’s (WADA’s) Intelligence and Investigations Department (I&I) and independent forensic experts, WADA’s independent Compliance Review Committee (CRC) has recommended to WADA’s Executive Committee (ExCo) that the Russian Anti-Doping Agency (RUSADA) be declared non-compliant with the World Anti-Doping Code (Code), as announced by WADA on 22 November 2019. This recommendation is accompanied by strong proposed consequences and conditions of reinstatement.   

The CRC’s recommendation was delivered to the ExCo in accordance with the agreed process under the International Standard for Code Compliance by Signatories (ISCCS). Because the contents of the document have since appeared in part in the media, WADA is now making the following details of the CRC recommendation public. The ExCo will consider the recommendation at a specially convened meeting in Paris on 9 December 2019.

CRC recommendation in relation to non-compliance with data requirement

The 26-page CRC recommendation, which is signed by CRC Chair, Jonathan Taylor QC, reminds the ExCo that as part of the 20 September 2018 decision to reinstate RUSADA to the list of Code-compliant Signatories, “WADA’s ExCo deemed the requirement to provide an authentic copy of the Moscow Data to be 'Critical' because:

    1. it would enable the anti-doping community finally to resolve and draw a line under the allegations of a systematic conspiracy to dope Russian athletes;
    2. it would ensure that any Russian athletes who had tested positive could be punished; and
    3. just as importantly it would ensure that innocent Russian athletes could be cleared of suspicion.”

The WADA I&I report was based in particular on a forensic review of inconsistencies found in some of the data that were obtained by WADA from the Moscow Laboratory in January 2019. Following WADA’s decision on 17 September 2019 to open a formal compliance procedure against RUSADA, this review also included consideration of responses from the Russian authorities to a list of detailed and technical questions raised by WADA I&I and the independent forensic experts.

Based on the reports issued by WADA I&I and the experts at the conclusion of their review, the CRC determined that:

The CRC concluded that this is “an extremely serious case of non-compliance with the requirement to provide an authentic copy of the Moscow data, with several aggravating features”.

CRC recommendation in relation to consequences (abridged)

The CRC has therefore recommended that WADA send a formal notice to RUSADA, asserting non-compliance with the requirement to provide an authentic copy of the Moscow data, and proposing the following consequences, to come into effect on the date on which the decision that RUSADA is non-compliant becomes final and to remain in effect until the fourth anniversary of that date (‘the Four Year Period’):

CRC recommendation concerning RUSADA’s operations

The CRC recommendation states that “the evidence (including from WADA's recent audits of RUSADA's operations) indicates that RUSADA’s work is effective in contributing to the fight against doping in Russian sport, and that it is working productively in cooperation with other Anti-Doping Organizations, including in investigations within Russia. Therefore, the CRC does not recommend any special monitoring or supervision or takeover of RUSADA's anti-doping activities in the Four Year Period.”

However, one of the conditions of reinstatement is that WADA Management remains satisfied throughout the Four Year Period that RUSADA’s independence is being respected and there is no improper outside interference with its operations.

Next steps

On 9 December 2019, WADA’s ExCo will meet to discuss the CRC’s recommendation. If the ExCo accepts the recommendation, formal notice will be sent to RUSADA, alleging non-compliance and proposing the above consequences, in accordance with the Code. RUSADA will have 21 days to accept the notice. If RUSADA does not accept it, the matter will be referred to CAS. If CAS imposes the proposed consequences, they will be binding and must be recognized and enforced by all Signatories.

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