WADA FOUNDATION BOARD MOVES FORWARD WITH IMPLEMENTATION OF GOVERNANCE REFORMS

World Anti-Doping Agency (WADA)

On 16 May 2019  the World Anti-Doping Agency’s (WADA’s) Foundation Board (Board) held its first meeting of the year in Montreal, Canada. The 38-member Board – which is composed equally of the Sports Movement and Governments of the world – met to discuss progress regarding WADA’s priorities and other important matters concerning the Agency and the future of clean sport. The full-day Board meeting, which was open to the media and observers, included a number of presentations, discussions and decisions.
 
On 15 May 2019, WADA’s 12-Member Executive Committee (ExCo) met and made several decisions and recommendations, which then came before the Board.
 
WADA Presidential Nominee
 
At the start of the meeting, WADA President Sir Craig Reedie congratulated Poland’s Minister of Sport and Tourism and former 400m sprinter Witold Banka who, on Tuesday, was nominated by the Public Authorities as their preferred candidate for the position of WADA President when Sir Craig stands down at the end of 2019. He also thanked Mr. Banka’s opponent in that nomination process, Marcos Diaz, Vice-Minister of Sports of the Dominican Republic, and pointed out the positive and respectful way in which the process was carried out.
 
By way of response, Mr. Banka thanked the Public Authorities for the confidence shown in him by nominating him as their preferred candidate. He also thanked Mr. Diaz and stated that he looked forward to working hard with him and all stakeholders to strengthen WADA.
 
The new President will be elected by the Board at the fifth World Conference on Doping in Sport, which will take place in Katowice, Poland, from 5-7 November, and will assume the role for a three-year term from 1 January 2020.
 
Governance Reforms
 
The ExCo approved a detailed timeline for further implementation of wide-ranging governance reforms that were agreed at the November 2018 meeting with work on that progressing well.
 
In particular, the ExCo approved the appointment of an independent agency to identify and vet members of the inaugural Nominations Committee, which will have a pivotal role in recruiting and vetting candidates to occupy senior governance positions within WADA in the future, such as President, Vice-President, Standing Committee Chairs and members of the ExCo and Board.
 
Sir Craig said: “Any strong organization will constantly review its governance structures and, last November, the Board approved a raft of far-reaching reforms intended to make WADA stronger and fit for the future. An important element of that is the formation of a Nominations Committee to help ensure that the right people in terms of the requisite level of skills and independence, serve in those key roles within WADA.
 
“The review of WADA’s governance model has been extensive and has clearly shown WADA’s willingness to adapt. In an ever-changing world, WADA’s role has grown and evolved since its current governance model was first formed. It is right that the structure should develop as well and should continue to be looked at in the future.”
 
The range of reforms approved in November are part of the beginning of an ongoing process of governance review within WADA.
 
Russian Anti-Doping Agency (RUSADA)
 
Further to the ExCo’s September 2018 decision to reinstate RUSADA as compliant with the World Anti-Doping Code (Code), both the ExCo and the Board received an update regarding management of the data and samples collected from the former Moscow Laboratory earlier this year.
 
Since the Board’s November 2018 meeting, separate WADA delegations visited the Moscow Laboratory in Russia and, in January, extracted 24 terabytes of analytical data (equivalent to more than 24 million documents) and, in April, 2,262 samples, which were securely taken to a WADA-accredited laboratory outside of Russia.
 
The authentication process is still ongoing for some data but has already confirmed that a very high percentage of the data collected in the Moscow Laboratory is authentic and matching with the copy of the Laboratory Information Management System (LIMS) that WADA’s Intelligence and Investigations (I&I) had acquired through a whistleblower in November 2017.
 
Armed with this material, as well as other evidence, WADA’s Intelligence & Investigations (I&I) has started providing International Federations (IFs) with evidentiary packages, which IFs will assess with the view to taking the cases forward as Anti-Doping Rule Violations. WADA will work in close collaboration with IFs and, in cases where IFs choose not to take action, the Agency will review the facts, discuss with the relevant IF and reserves the right to bring them forward to the Court of Arbitration for Sport.
 
Director of Intelligence and Investigations Gunter Younger said: “WADA continues to make real progress on this long-running and complex case. Thanks to the fact that we have been able to access the data and the samples, we are now currently in the process of building strong cases that we will present to International Federations. Indeed, we have already delivered some of those evidentiary packages and more will follow in the coming weeks and months.”
 
Conduct at WADA Meetings
 
Yesterday, WADA issued a statement in relation to allegations of improper conduct by two ExCo members at its September 2018 meeting. The findings of the full, independent investigation, carried out by US law firm Covington and Burling LLP, were discussed extensively at the ExCo and presented to the Board by the firm today.
 
The related report, which is published in full, is available for everyone to read. In addition, the ExCo took the step of releasing the unedited recording of the meeting in question, as well as transcripts. This has been done in the interests of transparency and full disclosure and are the actions of an organization determined to lay bare the facts of the matter. At every stage, WADA has taken this matter extremely seriously.
 
The investigation found there was no bullying or harassment and the September ExCo meeting will consider the four recommendations made by Covington relating to the Agency’s governance policies, training and protocols and is committed to making improvements as appropriate.

University Chair in Anti-Doping
 
The Board approved plans to establish a multi-disciplinary Chair on Anti-Doping and Sport at the University of Sherbrooke in Quebec, Canada, in order to respond to a demand for more education and research in this field. The intention is that this initiative will also create further partnerships with other universities in the world.
 
Clenbuterol
 
The Board approved an amendment to Article 7.4 of the World Anti-Doping Code which allows laboratories and results management authorities to close as “no case to answer” matters involving athletes testing positive for clenbuterol when established that it is as the result of ingesting contaminated meat products.
 
It has been scientifically established that an athlete can test positive for clenbuterol at low levels following ingestion of contaminated meat in a small number of countries where this is an issue.
 
The issue will be addressed in the forthcoming 2021 Code and International Standard for Results Management. However, until these instruments come into force, this interim solution is required so that valid meat contamination cases are dealt with fairly.
 
To this end, WADA will circulate details of this decision to all stakeholders in advance of 1 June when this amendment comes into effect.
 
OTHER MATTERS
 
Hosting agreement with Montréal International 
 
Following the celebration on 15 May marking the extension of WADA’s agreement with Montreal International for the Agency to remain in the city until 2031 at least, Canada’s Minister for Transport, the Honorable Marc Garneau addressed the Board on the importance of WADA’s continued presence in Montreal.
 
Mr. Garneau pledged the Canadian government’s support for WADA and for clean sport, stating Canada’s full confidence in WADA’s ability to regulate and oversee the global fight to protect clean sport and committing to partnering with WADA in that process.
 
Sir Craig thanked the Minister for his presence at the meeting and for Canada’s longstanding and ongoing support.
 
Athletes
 
The Board heard a report from Chair of the Athlete Committee Beckie Scott, including an update on the working group set up to look at the global representation of athletes with the view to strengthening the athletes’ voices further on the WADA ExCo and Board. Broader consultation and the development of a new draft will be the next steps.
 
Fellow Athlete Committee member Ben Sandford updated the Board on the Anti-Doping Charter of Athlete Rights, which will be tabled for endorsement at the World Conference on Doping in Sport in November, as well as the proposal from WADA’s Athlete Committee to create an Athlete Ombudsperson position for anti-doping matters. Discussions on this proposal will continue over the coming months.
 
Laboratories
 
The ExCo approved the application for King Faisal Specialist Hospital and Research Centre, Riyadh, Saudi Arabia, to become a candidate laboratory as it seeks to gain WADA approval to carry out blood sample testing as part of the Athlete Biological Passport program.
 
The ExCo approved the removal of candidate laboratory status from the Anti-Doping Analysis Laboratory of the University of Chile in Santiago, Chile.
 
Code Review
 
The Board received an update on progress with the ongoing review of the Code and the International Standards, which continues as per the agreed process. The intention is for them to be approved at the 2019 World Conference on Doping in Sport and come into force on 1 January 2021.
 
Finance
 
The Board received an update on the finances of the Agency and approved the accounts for the year-end 2018.
 
Next Meetings
 
The ExCo will next meet on 23 September in Tokyo, Japan. The ExCo and Board will both hold meetings during the World Conference on Doping in Sport in November in Katowice, Poland.

WADA SUCCESSFULLY RETRIEVES SAMPLES FROM MOSCOW LABORATORY

Montreal, 30 April 2019 – Since January’s retrieval by the World Anti-Doping Agency (WADA) of the analytical data generated by the former Moscow Laboratory in Russia, WADA Intelligence and Investigations (I&I) has been working on a mission to extract all relevant samples still contained within the laboratory.
 
WADA can confirm that a five-person team has successfully retrieved 2,262 samples from the laboratory, which had been split into A and B samples and contained within 4,524 collection bottles. The samples have now been taken out of Moscow and are on their way to a WADA-accredited laboratory outside of Russia. Importantly, all samples targeted by I&I in advance of the mission were successfully located and extracted.
 
WADA Director of I&I Gunter Younger, who is leading the process, said: “WADA Intelligence and Investigations is pleased to be continuing to make progress in this complex and difficult case. Extracting the required samples from the laboratory is another step forward. These samples will be used to strengthen cases against those who may have cheated and may exonerate athletes who have not committed an anti-doping rule violation.”
 
“In removing the bottles, as a precaution we decided to take any and all samples that corresponded to data in the Laboratory Information Management System (LIMS) database that was even remotely anomalous, even where an anti-doping rule violation (ADRV) was not suspected. We can therefore proceed to the next phase and support the various International Federations (IFs) and other Anti-Doping Organizations to bring cases forward.”
 
In parallel, the authentication process of the Moscow data is close to completion. In early May, a progress report from that process will be sent to the independent Compliance Review Committee– which has received updates from WADA I&I every two weeks since the data was extracted in January – and an update will be presented at the next meetings of WADA’s Executive Committee and Foundation Board on 15 and 16 May, respectively.
 
Meanwhile, the process continues as I&I investigators identify all available evidence for each case, including ordering further sample analysis, where appropriate. In due course, the relevant IFs will be presented with evidentiary packages, which they will assess with the view to taking the cases forward as ADRVs. In cases where IFs choose not to take action, WADA will review the facts, discuss with the relevant IF and reserves the right to bring them forward to the Court of Arbitration for Sport.
 
Last week, WADA held a conference call with a number of IFs outlining the next steps and answering any questions they might have. Similar conference calls have also been held with athletes and with National Anti-Doping Organizations (NADOs).
 
Background: The successful data and sample retrieval came about as a result of the 20 September 2018 decision of WADA’s Executive Committee to reinstate the Russian Anti-Doping Agency (RUSADA), under strict conditions, to the list of World Anti-Doping Code-compliant Signatories. Under the terms of that decision, the Russian authorities were required to provide the data while also agreeing that any samples required by WADA for re-analysis would be made available by 30 June 2019. The samples had been stored and sealed off as part of a federal investigation being carried out by Russian authorities.
 
Further information: WADA has produced a flowchart that summarizes the three phases of the RUSADA Compliance Process and has compiled a document that summarizes the ‘Progress of the Anti-Doping System in Light of the Russian Doping Crisis’.

Questions from gamers on drug testing.

Following my article "MSSA plans mandatory doping testing for its 2017 National Team Trials", a number of gamers have written questions to MSSA (South Africa's largest member based gaming organisation) in order to clarify the concept of drug testing.

Question: Testing for Adderall certainly makes sense and this can be seen as a great advancement to the sport and how seriously it is taken locally on a serious/competitive level. I do have to wonder though if the range of testing will include Cannabis as well? If so, what would the consequences be should a person be tested positive for Marijuana use? I would imagine that this substance will be exempt, as to my knowledge it's use has not been explicitly shown to be performance-enhancing - In fact, mainstream media seems to suggest a contrary effect

MSSA's response: Cannabinoids are included. Please refer to the list which may be reviewed on https://www.wada-ama.org/en/prohibited-list

Question: I see it is listed under S8- CANNABINOIDS -- ie, illegal "DURING COMPETITION" but not at "ALL TIMES" -- Presumably, this means that if the substance is found in the blood at the time of testing, no action can be taken against the Athlete, so long as they are not actively consuming it while at the competition venue / actually competing?

MSSA's answer: The difference is if they do out of competition testing and officials detect it, such officials will not take action. If officials test during a competition and they detect it, action shall be taken. The issue isn't when the substance is used, it is when the test is done.

Question: So that brings me to the next question: At what point in time does MSSA intend to conduct its mandatory tests? During, or before competition? Personally, I find it exceedingly harsh to disqualify an athlete for cannabis use if they're willing to abstain from it's use during the competition period

MSSA's answer: During the competition, as IeSF would.

Question: And when the use of consumption of cannabinoids is made 100% legal ? Currently its in-between decriminalization and legalization phase. Would it then still get you a disqualify even though if its legalized in SA? If so, then does Alcohol then also get you a disqualify?

MSSA's answer:  Legality has nothing to do with performance enhancement. Lots of drugs are legal to buy and possess but which are banned for being performance enhancing. You don't go to jail for taking them but you are banned from sport. Before you start debating whether it is performance enhancing, rather have that debate with the doping officials (ie SAIDS). If it is in your system when you are tested you are likely to be caught. (And alcohol is not a performance enhancer, and thus not on the doping list.) Just as athletes don't take cold and flu remedies before they compete, I am sure anyone can back off on using cannabis before they compete. It really isn't an essential for life.

MSSA plans mandatory doping testing for its 2017 National Team Trials

In July 2015 the International eSports Federation, told WIRED.co.uk that the use of substances such as Adderall is "definitely" a problem in the field, and outlined its plans to address the problem in its tournaments. "Definitely, doping is a problem in eSports, as any other existing sport," says IeSF's General Secretary, Mr. Alex Lim. "Activities and performances can all be explained within the range of physiology, and as using the physiological approach, eSports must be directly influenced by any doping activity in terms of performance."

The IeSF has worked vigorously to establish esports as a recognised sport alongside more conventional codes and has thus partnered with TAFISA and the IAAF in recent years, and has enjoyed much success. 

As Alex Lim states, "since 2013, IeSF has been recognised as the official signatory of the World Anti-Doping Agency,". 

IeSF has thus also developed its own anti-doping regulations and conducted doping tests in line with the WADA Code and guidelines.

Many gamers since 2013 have been surprised when 'requested' to participate in the random testing procedure.

South Africa,being a full member of IeSF through MSSA, has no intention of being caught-out or  having any athlete fall foul of such testing at IeSF's World Championships.

It is for the above reason that MSSA shall have mandatory drug testing at its National Team Trials.

Players who qualify for such Trials are requested to familiarize themselves with the WADA criteria, and those under medication, are requested to comply with the rules in regard to obtaining a Therapeutic Use Exemption (TUE).

Testing will not be compromised, says SAIDS

Please see below communication from the South African Institute for Drug-Free Sport (SAIDS) regarding the suspension of the South African Doping Control Laboratory in Bloemfontein

Testing will not be compromised, says SAIDS

Testing in South African sport will continue to be thorough and robust in spite of the temporary suspension of the University of Free State’s Bloemfontein laboratory, says the South African Institute for Drug-Free Sport (SAIDS).

Samples taken by SAIDS will be tested at the World Anti-Doping Agency (WADA) accredited laboratory in Doha, Qatar, which has already been doing some testing for the South African organisation.

SAIDS chief executive officer Khalid Galant said “we want to reassure SASCOC and national sporting federations that testing will continue to be robust and will not be compromised”.

He added that results will still be reported “within the prescribed timelines”.

“There will therefore be no negative impact on the test distribution plan for South African sport, and testing will continue to be robust,” he added.

In March this year SAIDS began sending urine samples to Doha while the South African Doping Control Laboratory at the University of Free State in Bloemfontein temporarily shut down part of its operation. The laboratory had taken this step to give it an opportunity to upgrade equipment and improve staff capacity and training.

However, WADA this week suspended the accreditation of the laboratory until 30 September 2016.

The suspension prohibits the laboratory from carrying out any anti-doping activities, including all analyses of urine and blood samples.

WADA said in a statement that: “During the period of suspension, the laboratory shall address all non-conformities identified in its External Quality Assessment Scheme (EQAS) program and any other non-conformities identified in the course of WADA site visits during the suspension period.”

All blood and urine samples taken by SAIDS will now go to Doha.

The Bloemfontein laboratory operates independently of SAIDS and reports to the University of Free State.