THE BOARD OF CONTROL FOR CRICKET IN INDIA'S
ANTI-DOPING RULES
INTRODUCTION

The Board of Control for Cricket in India (the "BCCI") has adopted these anti-doping rules (the "Rules") to impose clear prohibitions and controls as part of the BCCI's continuing effort to: (a) maintain the integrity of the sport of cricket in India; (b)to protect the rights and health of all participants in the sport of cricket in India; and (c) to keep Indian cricket free from doping.

Unless otherwise indicated, references to Articles and Appendices are to articles and appendices of the Rules. Words in italicised text in the Rules are defined terms. Their definitions are set out in Appendix 1.



ARTICLE 1 SCOPE AND APPLICATION
1. The Rules shall apply to:
   
   
   1. all Cricketers and Cricketer Support Personnel who are members of or otherwise affiliated to: (a) the BCCI and/or (b) organisations (including clubs, teams, associations or leagues) that are members or affiliates or licensees of the BCCI;
   
   
   2. all Cricketers and Cricketer Support Personnel participating in Matches and/or other activities organised, convened or authorised by the BCCI or by any of its members or affiliates or licensees (including any clubs, teams, associations or leagues), wherever held; and
   
   
   3. any other Cricketer or Cricketer Support Personnel who, by virtue of a contractual arrangement or otherwise, is subject to the jurisdiction of the BCCI for purposes of anti-doping;
   
   

   whether or not such Cricketer or Cricket Support Personnel is a citizen of or resident in India.



2. To be a member of or otherwise affiliated to the BCCI and/or an organisation that is a member or affiliate or licensee of the BCCI, or to be otherwise eligible to participate (in the case of a Cricketer) or assist any participating Cricketer (in the case of Cricketer Support Personnel) in any Match or other activity organised, convened or authorised by the BCCI or any of its members or affiliates or licensees, a Cricketer or Cricketer Support Personnel must agree to be bound by and to comply with the Rules. Accordingly, by becoming such a member or affiliate or by so participating or assisting, a Cricketer and/or Cricketer Support Personnel (as applicable) shall be deemed to have agreed:
   
   
   1. to be bound by and to comply strictly with the Rules (without prejudice to any other anti-doping rules applicable to him/her), including making him/herself available upon request for Testing at the instance of the BCCI at all times, whether In-Competition or Out-of-Competition;
   
   
   2. to submit to the authority of the BCCI to apply, police and enforce the Rules;
   
   
   3. to provide all requested assistance to the BCCI in the application, policing and enforcement of the Rules, including (without limitation) cooperating fully with any investigation, results management exercise, and/or proceedings being conducted pursuant to the Rules in relation to any potential anti-doping rule violation(s);
   
   
   4. to submit to the exclusive jurisdiction of any Anti-Doping Tribunal convened under the Rules to hear and determine charges brought by the BCCI and related issues arising under the Rules;
   
   
   5. to submit to the exclusive jurisdiction of any Appeal Panel and/or CAS panel convened under the Rules to hear and determine appeals made pursuant to the Rules; and
   
   
   6. further to Article 18.6, not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission to the jurisdiction of the Anti-Doping Tribunal, the Appeal Tribunal and CAS.


3. These Rules are not intended to limit the responsibilities of any International-Level Cricketers and Cricketer Support Personnel under the ICC Anti-Doping Code (the "ICC Code"). The jurisdictional and other issues arising when the same conduct implicates both these Rules and the ICC Code shall be resolved in favour of the ICC Code.


4. It is the personal responsibility of each Cricketer (which may not be delegated to any other Person):
   
   
   1. to acquaint him/herself, and to ensure that each Person (including medical personnel) from whom he/she takes advice is acquainted, with all of the requirements of the Rules, including (without limitation) being aware of what constitutes an anti-doping rule violation and what substances and methods are on the Prohibited List; and
   
   
   2. to comply with the Rules in all respects, including:
   
   
   1. taking full responsibility for what he/she ingests and uses;
   
   
   2. ensuring that any medical treatment he/she receives does not infringe the Rules;
   
   
   3. making him/herself available for Testing at the instance of the BCCI at all times, whether In-Competition or Out-of-Competition;
   
   
   4. if and when included in the National Registered Testing Pool, providing accurate and up-to-date whereabouts information for purposes of Out-of-Competition Testing at the instance of the BCCI; and
   
   
   5. cooperating fully with any investigation into a potential anti-doping rule violation under the Rules.


5. It is also the sole responsibility of each Cricketer to ensure that the BCCI is able to communicate with him/her efficiently and reliably in relation to matters arising under the Rules. To that end, each Cricketer shall be deemed to be contactable at the postal address and telephone number that he/she has specified on any Doping Control form that he/she completes in relation to Testing under the Rules and it shall be the Cricketer's responsibility to complete such contact details (the "Cricketer's Nominated Address") as necessary to ensure that he/she is contactable at the Cricketer's Nominated Address. Any notice sent by the BCCI to a Cricketer at the Cricketer's Nominated Address shall be deemed to have been received by the Cricketer within five (5) days of the date of delivery to the Cricketer's Nominated Address.


6. A Cricketer shall continue to be bound by and required to comply with the Rules unless and until the Cricketer is deemed under the BCCI's rules and regulations to have retired from the sport of cricket, and the BCCI shall continue to have jurisdiction over him/her under the Rules thereafter in respect of matters taking place prior to that point.


7. A Cricketer who retires in accordance with Article 1.6 at a time when he/she is in the National Registered Testing Pool may not resume competing in the sport unless he/she has made him/herself available for unannounced Out-of-Competition Testing at the instance of the BCCI by notifying the BCCI of his/her intent to return and by making him/herself available for Testing, including (if requested) by complying with the BCCI's whereabouts requirements for a period of at least three months prior to his/her desired return to competition.


8. Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting a Cricketer ("Cricketer Support Personnel") shall also be bound by and shall be required to comply with all of the provisions of the Rules.


9. It is the personal responsibility of each Cricket Support Personnel (which may not be delegated to any other Person):
   
   
   1. to acquaint him/herself with all of the provisions of the Rules, including (without limitation) being aware of what constitutes an anti-doping rule violation and what substances and methods are on the Prohibited List;
   
   
   2. to comply with the Rules in all respects;
   
   
   3. to cooperate fully with the Testing of Cricketers;
   
   
   4. to cooperate fully with any investigation into a potential anti-doping rule violation under the Rules; and
   
   
   5. to use his/her influence on Cricketer values and behaviour in order to foster positive attitudes towards anti-doping in the sport of cricket.


10. Without prejudice to Articles 1.1 to 1.9, the BCCI shall be responsible for promoting anti-doping awareness and education in the sport of cricket.

ARTICLE 2 ANTI-DOPING RULE VIOLATIONS



Doping is defined as the occurrence of one or more of the following anti-doping rule violations:



1. The presence of a Prohibited Substance or its Metabolites or Markers in a Cricketer's Sample.
   
   
   1. It is each Cricketer's personal duty to ensure that no Prohibited Substance enters his/her body. A Cricketer is responsible for any Prohibited Substance or its Metabolites or Markers found to be present in his/her Sample. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Cricketer's part be demonstrated in order to establish an anti-doping rule violation under Article 2.1; nor is the Cricketer's lack of intent, fault, negligence or knowledge a valid defence to a charge that an anti-doping rule violation has been committed under Article 2.1.
   
   
   2. Sufficient proof of an anti-doping rule violation under Article 2.1 is established by either of the following (unless the Cricketer establishes that such presence is consistent with a therapeutic use exemption granted in accordance with Article 4.4): (a) the presence of a Prohibited Substance or its Metabolites or Markers in the Cricketer's A Sample, where the Cricketer waives analysis of the B Sample and the B Sample is not analysed; or (b) where the Cricketer's B Sample is analysed and the analysis of the Cricketer's B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Cricketer's A Sample.
   
   
   3. Excepting those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List, and subject to the special criteria established in the Prohibited List (and/or other International Standards) to distinguish between endogenous and exogenous production of certain substances, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in a Cricketer's Sample shall constitute an anti-doping rule violation under Article 2.1.


2. Use or Attempted Use by a Cricketer of a Prohibited Substance or a Prohibited Method, unless the Cricketer establishes that such Use or Attempted Use is consistent with a therapeutic use exemption granted in accordance with Article 4.4.>
   
   
   1. It is each Cricketer's personal duty to ensure that he/she does not Use any Prohibited Substance. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Cricketer's part be demonstrated in order to establish an anti-doping rule violation of Use under Article 2.2; nor is the Cricketer's lack of intent, fault, negligence or knowledge a valid defence to a charge that an anti-doping rule violation of Use has been committed under Article 2.2.
   
   
   2. Without prejudice to Article 2.2.1, it is necessary that intent on the Cricketer's part be demonstrated in order to establish an anti-doping rule violation of Attempted Use under Article 2.2.
   
   
   3. The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. For an anti-doping rule violation to be committed under Article 2.2, it is sufficient that the Cricketer Used or Attempted to Use a Prohibited Substance or Prohibited Method.
   
   
   4. Notwithstanding Article 2.2.3, however, a Cricketer's Use of a substance Out-Of-Competition that is not prohibited Out-of-Competition shall not constitute an anti-doping rule violation under Article 2.2. However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition is a violation of Article 2.1, regardless of when that substance might have been administered.


3. Refusing or failing without compelling justification to submit to Sample collection after notification as authorised in the Rules, or otherwise evading Sample collection.


4. For a Cricketer in the National Registered Testing Pool, failing to file the whereabouts information required by the BCCI (a "Filing Failure") and/or failing to be available for Testing at those whereabouts at the instance of the BCCI (a "Missed Test"), in accordance with Article 5.3.2. Any combination of three Filing Failures and/or Missed Tests committed within an eighteen-month period shall constitute an anti-doping rule violation under this Article 2.4.
   
5. Tampering or Attempted Tampering with any part of Doping Control.


6. Possession of Prohibited Substances and/or Prohibited Methods.
   
   
   1. Possession by a Cricketer In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by a Cricketer Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited in Out-of-Competition, unless the Cricketer establishes that the Possession is pursuant to a therapeutic use exemption granted in accordance with Article 4.4 or other acceptable justification.
   
   
   2. Possession by a Cricketer Support Personnel In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by Cricketer Support Personnel Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited Out-of-Competition, in connection with a Cricketer, Match or training, unless the Cricketer Support Personnel establishes that the Possession is consistent with a therapeutic use exemption granted to a Cricketer in accordance with Article 4.4 or other acceptable justification.


7. Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method.


8. Administration or Attempted administration to any Cricketer In-Competition of any Prohibited Method or Prohibited Substance, or administration or Attempted administration to any Cricketer Out-of-Competition of any Prohibited Method or Prohibited Substance that is prohibited Out-of-Competition, unless the Cricketer or Cricketer Support Personnel establishes that the administration or Attempted administration was consistent with a therapeutic use exemption granted in accordance with Article 4.4; or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted anti-doping rule violation.

ARTICLE 3 PROOF OF DOPING


1. Burdens and Standards of Proof
   
   
   1. The BCCI shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether the BCCI has established the commission of the alleged anti-doping rule violation to the comfortable satisfaction of the Anti-Doping Tribunal, bearing in mind the seriousness of the allegation that 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.
   
   
   2. 3.1.2 Where the Rules places the burden of proof upon the Cricketer 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, except where the Rules specifically provides (in Articles 10.4.2 and 10.6) that the Cricketer or other Person must satisfy a higher burden of proof.


2. Methods of Establishing Facts and Presumptions :

   The Anti-Doping Tribunal shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to an anti-doping rule violation may be established by any reliable means, including admissions. The following rules of proof shall be applicable at the hearing:

   
   
   1. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
   
   
   2. WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories. The Cricketer or other Person who is asserted to have committed an anti-doping rule violation may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred that could reasonably have caused the Adverse Analytical Finding. In such an event, the BCCI shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.
   
   
   3. Departures from any other International Standard or other anti-doping rule or policy that did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the Cricketer or other Person who is asserted to have committed an anti-doping rule violation establishes that a departure from an International Standard or other anti-doping rule or policy occurred that could reasonably have caused the Adverse Analytical Finding or other anti-doping rule violation charged, then the BCCI shall have the burden to establish that such a departure did not cause the Adverse Analytical Finding or other factual basis for the anti-doping rule violation asserted.
   
   
   4. The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Cricketer or other Person to whom the decision pertained of those facts, unless the Cricketer or other Person establishes that the decision violated principles of natural justice
   
   
   5. The Anti-Doping Tribunal may draw an inference adverse to the Cricketer or other Person who is asserted to have committed an anti-doping rule violation based on his/her refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the Anti-Doping Tribunal) and to answer questions from the BCCI or the members of the Anti-Doping Tribunal.

ARTICLE 4 THE PROHIBITED LIST


1. The Prohibited List
   
   
   1. Prohibited Substances and Prohibited Methods
      
      
      1. The Rules incorporate and are based upon the Prohibited List. A copy of the current version of the Prohibited List is set out at Appendix 2.
      
      
      2. WADA may amend the Prohibited List as set out in Article 4.1 of the World Anti-Doping Code. Unless provided otherwise by WADA, amendments to the Prohibited List shall come into effect under the Rules automatically three months after publication of such amendments by WADA on its website, without requiring any further action by the BCCI.
      
      
      3. It is the responsibility of each Cricketer and Cricketer Support Personnel to be familiar with the most current version of the Prohibited List.
   
   
   2. Specified Substances

   For purposes of the Rules, all Prohibited Substances shall be considered "Specified substances" expect: (a) substances in the class of anabolic agents and hormones; and (b) those stimulants and hormone antagonists and modulators so identified on the Prohibited List. Prohibited Methods shall not be Specified Substances



2. New Classes of Prohibited Substances

In the event WADA expands the Prohibited List by adding a new class of Prohibited Substances in accordance with Article 4.1 of the World Anti-Doping Code, WADA's Executive Committee shall determine whether any or all Prohibited Substances within the new class of Prohibited Substances shall be considered Specified Substances within the meaning of Article 4.1.2.



3. Criteria for Including Substances and Methods on the Prohibited List
   
   
   1. The criteria for including substances and methods on the Prohibited List are set out in Article 4.3 of the World Anti-Doping Code. Such substances and methods may be included by general category (eg anabolic agents) or by specific reference to a particular substance or method. In accordance with Article 4.3.3 of the World Anti-Doping Code, WADA's determination of the substances and methods that will be included on the Prohibited List, and its classification of substances into categories on the Prohibited List, shall be final and not be challenged by a Cricketer or other Person.
   
   
   2. Many of the substances on the Prohibited List may appear either alone or as part of a mixture within medications and/or supplements that may be available with or without a physician's prescription. Cricketers are reminded that, as set out in Article 2.1.1 of the Rules, they are strictly liable for any Prohibited Substances present in Samples collected from them. Cricketers must ensure that Prohibited Substances do not enter or come to be present in their bodies and that Prohibited Methods are not Used.


4. Therapeutic Use Exemptions
   
   
   1. Scope and Effect of TUEs
      
      
      1. The BCCI may grant Cricketers permission to Use one or more Prohibited Substances or Prohibited Methods for therapeutic purposes in the circumstances set out in the International Standard for Therapeutic Use Exemptions. Where such permission (a Therapeutic Use Exemption, or "TUE") has been granted, the presence in a Sample of a Prohibited Substance or its Metabolites or Markers (Article 2.1), Use or Attempted Use of a Prohibited Substance or a Prohibited Method (Article 2.2), Possession of Prohibited Substances or Prohibited Methods (Article 2.6) or administration or Attempted administration of a Prohibited Substance or Prohibited Method (Article 2.8) shall not amount to an anti-doping rule violation if it is consistent with the provisions of the TUE.
      
      
      2. Any TUE granted to a Cricketer by or on behalf of the ICC and/or their National Cricket Federation (including any TUE granted by the ICC prior to the Effective Date) will be recognised under the Rules in accordance with the terms of the grant. Otherwise, however, a Cricketer who is required by Article 4.4.1.4 or Article 4.4.1.5 to obtain a TUE must apply to the BCCI's TUE Committee for a TUE in accordance with Article 4.4.2.
      
      
      3. Subject only to Article 4.4.1.2 (which provides that a TUE granted by the ICC may be recognised under the Rules) and the International Standard for Therapeutic Use Exemptions (which identifies limited circumstances in which a TUE may be granted retrospectively), the following Cricketers must obtain a TUE in accordance with Article 4.4.2 prior to Use or Possession or administration of the Prohibited Substance or Prohibited Method in question:
         
         (a)any Cricketer who has been designated for inclusion in the National Registered Testing Pool; and
         (b)any other Cricketer specified from time to time by the BCCI.
      
      If a Cricketer who falls outside the scope of Article 4.4.1.3 is tested at the instance of the BCCI, and that Cricketer has been Using a Prohibited Substance or Prohibited Method for which he/she would be entitled to a TUE, then he/she may make a retrospective application for a TUE to the TUE Committee no later than ten (10) working days after the date of the test; provided that:
      (a)the TUE Committee may extend this deadline upon request by the Cricketer for good cause shown; and
      (b)any such TUE application shall be resolved before any Adverse Analytical Finding or Atypical Finding relating to that Cricketer's Sample is referred to the Review Board under Article 7.2 or 7.3.
      
      4. A Cricketer may not apply for a TUE to both the BCCI and the ICC. A Cricketer who applies to the ICC for a TUE shall report the outcome of the application immediately to the BCCI, by sending it copies of the application and the decision.
   
   
   2. Grant of a TUE
      
      
      1. A Cricketer requiring a TUE must apply to the TUE Committee in accordance with the TUE application process set out in the International Standard for Therapeutic Use Exemptions
      
      
      2. Since Cricketers are subject to Out-of-Competition Testing at the instance of the BCCI all year round, the application must be made as soon as possible after the relevant diagnosis, and in any event no less than thirty (30) days before any Match in which the Cricketer wishes to participate.
      
      
      3. The TUE Committee will determine the TUE application in accordance with the criteria set out in the International Standard for Therapeutic Use Exemptions.
      
      
      4. The TUE Committee will notify the Cricketer, the BCCI and the ICC in writing of the outcome of the Cricketer's application for a TUE. Where the Cricketer is in the National Registered Testing Pool, a copy of the decision will also be sent to WADA. A TUE will be effective as of the date it is granted and will have a specified duration as decided on a case by case basis by the TUE Committee. It may also be granted subject to such conditions or restrictions as the TUE Committee sees fit.
      
      
      5. The application will be processed as quickly as reasonably practicable, but a Cricketer may not assume that his/her application for a TUE (or for renewal of a TUE) will be granted by a particular time, or at all. Any Use or Possession or administration of a Prohibited Substance or Prohibited Method before an application has been granted shall be entirely at the Cricketer's own risk.
   
   
   3. Expiration or Cancellation of a TUE
      
      
      1. A TUE granted pursuant to the Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality (b) may be cancelled by the TUE Committee if the Cricketer does not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; or (c) may be withdrawn by the TUE Committee if it is subsequently determined that the criteria for grant of a TUE are not in fact met.
      
      
      2. A Cricketer who has been granted a TUE and who wishes to continue to Use the Prohibited Substance or Prohibited Method in question after the term for which the TUE has been granted must apply prior to the end of the term for renewal of the TUE in accordance with Article 4.4.2.
      
      
      3. Cancellation of a TUE pursuant to Article 4.4.3.1(b) or withdrawal of a TUE pursuant to Article 4.4.3.1(c) shall be made in writing and notified by the TUE Committee to the Cricketer with copies to the BCCI and the ICC.
      
      
      4. In the event of an expiration, cancellation or withdrawal of the TUE pursuant to Article 4.4.3.1, the Cricketer shall not be subject to any Consequences based on his/her Use or Possession or administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE at any time prior to the effective date of expiry, cancellation or withdrawal of the TUE.
   
   
   4. Review of Decision Granting or Denying TUE Application or Revoking or Withdrawing TUE:
      
      
      1. Where the TUE Committee denies a Cricketer's application for a TUE, or revokes or withdraws a TUE previously granted, the Cricketer may appeal against that decision to the TUE Appeal Panel in accordance with Article 13.7 on the ground that the decision does not comply with the International Standard for Therapeutic Use Exemptions. The TUE Appeal Panel will have discretion to determine the procedure to be followed on appeal.
      
      
      2. In accordance with Article 4.4 of the World Anti-Doping Code: (a)if the appeal rights set out at Article 4.4.4.1 have been exhausted, then at the request of a Cricketer whose application for a TUE has been denied, WADA may reverse such denial if it determines that such denial did not comply with the International Standard for Therapeutic Use Exemptions, subject to the right of the BCCI to appeal to CAS against WADA's decision, in accordance with Article 13.7.3; and (b)on its own initiative, WADA may at any time reverse any grant of a TUE if it determines that such grant did not comply with the International Standard for Therapeutic Use Exemptions, subject to the right of the Cricketer and the BCCI to appeal against WADA's decision, in accordance with Article 13.7.1.
      
      
      3. Other appeal rights in relation to TUEs are set out at Article 13.7.
      
      
      4. Until such time as the grant or denial of a TUE application made pursuant to the Rules has been reversed pursuant to Article 4.4.4. 1 or Article 4.4.4.2, such grant or denial shall remain in full force and effect
   
   
   5. ATUEs

      For the avoidance of any doubt, all previously granted Abbreviated Therapeutic Use Exemptions ("ATUEs) that have not already expired or been cancelled shall be deemed to have expired on 31st December 2009.

ARTICLE 5 TESTING


1. General principles
   
   
   1. The BCCI shall be responsible for drawing up and implementing a test distribution plan for cricket played under its jurisdiction and for implementing such Testing. The BCCI will engage one or more third parties to conduct such Testing on its behalf. All such Testing shall be conducted in substantial conformity with the International Standard for Testing and the Cricket Testing Protocols.
   
   
   2. All Cricketers (including Cricketers serving a period of Ineligibility or a Provisional Suspension) must submit to Testing conducted on behalf of the BCCI upon request, at any time or place, with or without notice.
   
   
   3. For the avoidance of doubt, the BCCI may select Cricketers for Target Testing so long as such Target Testing is not used for any purpose other than legitimate Doping Control purposes.
   
   
   4. The BCCI may authorise independent observers to observe Testing conducted on behalf of the BCCI.


2. In-Competition Testing
   
   
   1. Cricketers shall be subject to Testing at the instance of the BCCI at Matches. The selection of the Matches at which Testing is to take place shall be determined by the BCCI, and shall remain confidential except to those Persons with a reasonable need to know of such selection in order to facilitate such Testing.
   
   
   2. A Cricketer may be notified that he/she has been selected for Testing at the instance of the BCCI in connection with a Match in which he/she is participating at any time from 0600 local time on the first day of the Match in question until one hour after its completion or abandonment for whatever reason (including rain), irrespective of whether there has been any play whatsoever in the Match at the time of abandonment. Such periods (and only such periods) shall be deemed "In-Competition" periods for purposes of the Rules, so that, by way of example only:
      
      
      1. the entire duration of any Match lasting more than one day will be considered to be In-Competition.
      
      
      2. where a Match overflows into a 'reserve' day which has been set aside, then, for the purposes of the Rules, the
         In-Competition period shall continue until the completion of the Match.
      
      
      3. where a 'reserve' day has been set aside for a Match, but the Match concludes prior to the commencement of play on the 'reserve' day, then such 'reserve' day will not be considered to fall within the In-Competition period. and
      
      
      4. where any Cricketer is not selected as a member of a starting XI or as an officially designated substitute for a particular Match, then the duration of such Match will not be considered to fall within the In-Competition period relevant for that Cricketer.
   
   
   3. The actual timing of the Testing at a selected Match, and the selection of Cricketers to be tested at that Match, shall be at the exclusive discretion of the BCCI in compliance with Paragraph 1 of the Cricket Testing Protocols, set out at Appendix 4.


3. Out-of-Competition Testing
   
   
   1. Ambit of Out-of-Competition Testing
      
      
      1. Any period outside of an In-Competition period shall be deemed an "Out-of-Competition" period for purposes of the Rules. Any Testing of a Cricketer at the instance of the BCCI outside of an In-Competition period shall therefore be considered Out-of-Competition Testing for the purposes of the Rules. Save in exceptional circumstances, such Testing shall be No Advance Notice Testing.
      
      
      2. Where a Sample is collected during Out-of-Competition Testing conducted at the instance of the BCCI, there shall only be an anti-doping rule violation under Article 2.1 if a substance (or its Markers or Metabolites) that is prohibited in Out-of-Competition Testing - ie a substance that is listed in the section of the Prohibited List entitled "Substances and Methods Prohibited At All Times (In- and Out-of-Competition)" - is present in the Sample.
      
      
      3. For the avoidance of doubt, a Cricketer may be selected for Out-of-Competition Testing at the instance of the BCCI at any time and place, whether or not he/she has been included in the National Registered Testing Pool. The timing of Out-of-Competition Testing and the selection of Cricketers to be tested shall be at the discretion of the BCCI. The BCCI's decisions relating to timing and selection of Cricketers for Out-of-Competition Testing shall remain confidential except to those with a reasonable need to know of them in order to facilitate such Testing.
   
   
   2. Additional Obligations on Player Included in the International Registered Testing Pool
      
      
      1. In addition to the general obligation on all Cricketers to submit to Testing (including Out-of-Competition Testing) at the instance of the BCCI at any time and place:
         (a)the ICC shall establish a pool of international cricketers (the "International Registered Testing Pool") who are required to provide up-to-date whereabouts information to the ICC and to make themselves available for Testing at such whereabouts in accordance with the ICC Code; and
         (b)the ICC may from time to time, establish further criteria identifying an additional pool of Cricketers to be known as the "National Player Pool" (or similar), who, together with the applicable member board, may be required to file and update certain additional whereabouts information in accordance with such filing requirements (and subject to the potential sanctions for non-compliance) that the ICC may determine appropriate.
         (c)the BCCI may establish a pool of Cricketers (the "National Registered Testing Pool") who shall be personally responsible for complying with separate "whereabouts" regulations issued by the BCCI pursuant to this Article 5.3.2.1, including: (i) providing written notification to the BCCI of their whereabouts in the manner specified by the BCCI in the "whereabouts" regulations; (ii) updating that whereabouts information as specified in the "whereabouts" regulations so that it remains accurate and complete at all times; and (iii) making themselves available for Testing at such whereabouts in accordance with the BCCI's "whereabouts" regulations.
      
      
      2. Subject to the results management provisions referenced at Article 7.4:
         (a)the failure of a Cricketer in the National Registered Testing Pool to advise the BCCI of his/her whereabouts in accordance with the BCCI's "whereabouts" regulations shall be deemed a Filing Failure for purposes of Article 2.4; and
         (b)the failure of a Cricketer in the National Registered Testing Pool to be available for Testing at his/her declared whereabouts in accordance with the BCCI's "whereabouts" regulations shall be deemed a Missed Test for purposes of Article 2.4.
      
      
      3. A Cricketer will be notified in writing of his/her inclusion by the BCCI in the National Registered Testing Pool. He/she must continue to comply with the "whereabouts" regulations issued by the BCCI pursuant to Article 5.3.2.1 unless and until either: (a) the BCCI informs him/her in writing that he/she is no longer in the National Registered Testing Pool; or (b) the Cricketer retires from his/her sport in accordance with Article 1.6.


4. Testing of Minors
   
   
   1. Testing of a Cricketer who is a Minor shall be conducted at the instance of the BCCI in accordance with Annex C of the International Standard for Testing (Modifications for Cricketers who are Minors).
   
   
   2. A Minor may not participate in any cricket conducted under the jurisdiction of the BCCI unless a parent or guardian of that Minor has consented to Testing of the Minor in accordance with Article 5.4.1. For purposes of the Rules, such consent shall be deemed from the fact that the Minor has been permitted by his/her parent or guardian to participate in the sport. Confirmation in writing of such consent may be required to be provided at any time. Where the Minor is included in the National Registered Testing Pool, such consent must be confirmed upon notification of inclusion in the pool as a pre-condition to further participation in the sport. In addition, the rules of a particular Competition may require the provision of written consent pursuant to this Article 5.4 as a pre-condition to a Minor's participation in the Competition.


5. Liability for Testing
   

   Although every reasonable effort will be made to avoid inconvenience to the Cricketer being tested, no liability shall arise on the part of the BCCI or any of its respective members, directors, officers, employees, agents or representatives for any inconvenience or loss arising on the part of the Cricketer as a result of such Testing at the instance of the BCCI.

ARTICLE 6 ANALYSIS OF SAMPLES
Samples collected under the Rules shall be analysed in accordance with the following principles:

1. Use of Approved Laboratories

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



2. Purpose of Collection and Analysis of Samples

   Samples shall be analysed:

   1. 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 World Anti-Doping Code
   
   
   2. to detect the Use of Prohibited Methods; and/or
   3. to assist the BCCI in profiling relevant parameters in a Cricketer's urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes


3. Restrictions on Use of Samples
   
   
   1. All Samples provided by a Cricketer for the purposes of Testing under the Rules shall be the property of the BCCI, and the BCCI shall be entitled to determine all matters regarding the analysis and disposal of such Samples at all times in accordance with the International Standards.
   
   
   2. No Sample may be used for any purpose other than as described in Article 6.2 without the Cricketer's written consent. A Sample used (with the Cricketer's consent) for purposes other than as described in Article 6.2 shall have any means of identification removed so that it cannot be traced back to the Cricketer that provided it.


4. Standards for Sample Analysis and Reporting
   
   
   1. Laboratories shall analyse Samples and report results to the BCCI in conformity with the International Standard for Laboratories.
   
   
   2. The BCCI shall pay the costs of collection and analysis of Samples under the Rules.
   3. Any Adverse Analytical Findings reported by the laboratory shall be dealt with as set out in Article 7.1. Any Atypical Findings reported by the laboratory shall be dealt with as set out in Article 7.2.


5. Retesting Samples
   

   A Sample collected pursuant to the Rules may be re-analysed for the purposes described in Article 6.2 at any time exclusively at the direction of the BCCI or WADA. The circumstances and conditions for retesting Samples shall conform with the requirements of the International Standard for Laboratories.

ARTICLE 7 RESULTS MANAGEMENT


1. Responsibility for Results Management The BCCI shall be responsible for results management and the investigation of potential anti-doping rule violations pursuant to the Rules.


2. Results Management for Adverse Analytical Findings
   
   
   1. Upon receipt of an Adverse Analytical Finding in respect of an A Sample, the BCCI shall refer the matter to the Review Board, which shall conduct a review to determine whether:
      
      
      1. the Adverse Analytical Finding is consistent with an applicable TUE; or
      
      
      2. there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding.
   
   
   2. If the initial review of the Adverse Analytical Finding reveals that either: (a) the Adverse Analytical Finding is consistent with an applicable TUE; or (b) there has been an apparent departure from either the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the BCCI shall notify the Cricketer, the ICC and WADA of that fact, and (subject to the rights of appeal set out in Article 13) the matter shall not proceed any further,
   
   
   3. If the initial review of an Adverse Analytical Finding does not reveal that: (a) the Adverse Analytical Finding is consistent with an applicable TUE; or (b) there has been an apparent departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the Anti-Doping Manager shall promptly send the Cricketer written notice, copied to WADA and the ICC, of the following (the "Notice of Charge"):
      
      
      1. that the Cricketer has a case to answer under Article 2.
      
      
      2. details of the anti-doping rule violation(s) that the Cricketer is alleged to have committed, including details of the Adverse Analytical Finding and a copy of the laboratory documentation package supporting such Adverse Analytical Finding.
      
      
      3. of the Cricketer's rights in respect of the analysis of the B Sample:
      
      (a)The Cricketer shall have the right: (i) to have the laboratory analyse the B Sample to confirm the Adverse Analytical Finding in respect of the A Sample; and (ii) to attend at the laboratory (personally and/or through a representative, but at his/her own cost) to witness the opening and analysis of the B Sample. The BCCI and the ICC may also be represented at the B Sample analysis.
      (b)The Notice of Charge may specify that the analysis of the B Sample will go ahead in any event, or it may require the Cricketer to advise the BCCI by a specified deadline if he/she wants the B Sample analysis to go ahead. In the latter case, the Notice of Charge shall warn the Cricketer that, failing such request, the Cricketer will be deemed to have waived his/her right to analysis of the B Sample analysis, and to have accepted the accuracy of the Adverse Analytical Finding in respect of the A Sample.
      (c)The Notice of Charge shall specify the scheduled date, time and place for the B Sample analysis (which shall be within the time period specified in the International Standard for Laboratories), if it is to go ahead. There shall be no right to an adjournment of the date scheduled for analysis of the B Sample. Instead, any such adjournment shall be at the absolute discretion of the BCCI. In the event that neither the Cricketer nor any representative of the Cricketer attends the B Sample analysis, the laboratory shall appoint an independent witness, in accordance with the International Standard for Laboratories, to verify that the B Sample container shows no signs of tampering and that the identifying numbers correspond to those on the collection documentation.
      
      4. the Consequences applicable under the Rules if it is established that the Cricketer has committed the anti-doping rule violation(s) charged (including identifying any discretion that may exist in relation to such Consequences under the Rules).
      
      (where applicable) the matters relating to Provisional Suspension specified at Article 7.6. and
      
      5. the matters specified at Article 7.7.
   
   
   4. If the B Sample is analysed and the Adverse Analytical Finding in respect of the A Sample is not confirmed, then (unless the BCCI charges the Cricketer with an anti-doping rule violation under Article 2.2) the entire test shall be considered negative and the Cricketer, WADA and the ICC shall be so informed. In such circumstances, the proceedings instituted against the Cricketer shall be discontinued, and any Provisional Suspension previously imposed shall be deemed vacated with immediate effect.
   
   
   5. If the analysis of the B Sample confirms the Adverse Analytical Finding in respect of the A Sample to the satisfaction of the BCCI, the findings shall be reported to the Cricketer, WADA and the ICC, and the matter shall proceed to a hearing in accordance with Article 8.


3. Results Management for Atypical Findings
   
   
   1. As provided in the International Standards, in certain circumstances where a Prohibited Substance that may be produced endogenously is detected in a Sample, laboratories are directed to report the presence of such substance as an Atypical Finding that should be investigated further.
   
   
   2. If a laboratory reports an Atypical Finding in respect of a Sample collected pursuant to the Rules, the BCCI shall refer that finding to the Review Board, which shall conduct a review to determine whether: (a) the Atypical Finding is consistent with an applicable TUE; or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Finding.
   
   
   3. If the initial review of an Atypical Finding under Article 7.3.2 reveals either: (a) that the Atypical Finding is consistent with an applicable TUE; or (b) that there is an apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Finding, the BCCI shall notify the Cricketer, WADA and the ICC and (subject to the rights of appeal set out at Article 13) the matter shall not proceed any further.
   
   
   4. If the initial review of an Atypical Finding under Article 7.3.2 does not reveal that the Atypical Finding is consistent with an applicable TUE or a departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the BCCI shall conduct any follow-up investigation that may be required by the International Standards. Once that investigation is completed, the results will be referred to the Review Board. If the Review Board concludes that the Atypical Finding should be considered an Adverse Analytical Finding, the BCCI shall pursue the matter in accordance with Article 7.2.3. If not, the BCCI shall so inform the Cricketer, WADA and the ICC and (subject to the rights of appeal set out at Article 13) the matter shall not proceed any further.
   
   
   5. Pending the outcome of the investigation, the BCCI will keep the Atypical Finding confidential, unless one of the following circumstances exists:
      
      
      1. If the BCCI determines the B Sample should be analysed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Cricketer, with such notice to include a description of the Atypical Finding and the information described in Article 7.2.3.3.
      
      
      2. If the BCCI receives a request from the ICC to identify the Cricketer in respect of which an Atypical Finding has been made, the BCCI shall identify the Cricketer to the ICC after first providing notice of the Atypical Finding to the Cricketer.


4. Results Management for Whereabouts Violations
   
   
   1. Where a Cricketer in the National Registered Testing Pool fails to file the whereabouts information required by the "whereabouts" regulations issued by the BCCI pursuant to Article 5.3.2.1, or fails to make him/herself available for Testing at such whereabouts at the instance of the BCCI, the file will be referred to the Review Board to determine whether, according to the criteria set out in those regulations, the Cricketer has committed a Filing Failure or a Missed Test (as applicable).
   2. Where the Review Board determines that a Cricketer in the National Registered Testing Pool has committed three Filing Failures, or three Missed Tests, or any combination of Filing Failures or Missed Tests adding up to three in total, an 18-month period, the Anti-Doping Manager shall promptly send the Cricketer a written Notice of Charge (copied to WADA and the ICC), advising the Cricketer:
      
      
      1. that the Cricketer has a case to answer under Article 2.4.
      
      
      2. of the alleged facts on which the charge is based, i.e., detailing the Filing Failures and/or Missed Tests alleged, and providing copies of any relevant documentation.
      
      
      3. (where applicable) of the matters relating to Provisional Suspension specified at Article 7.6; and
      
      
      4. of the matters specified at Article 7.7.


5. Investigations
   
   
   1. The BCCI may conduct investigations in whatever manner it thinks fit into the activities of any Cricketer or Cricketer Support Personnel that the BCCI believes may have committed an anti-doping rule violation. Such investigations may be conducted in conjunction with, and/or information obtained in such investigations may be shared with, other relevant authorities. The BCCI shall have discretion, where it deems appropriate, to stay its own investigation pending the outcome of investigations being conducted by other relevant authorities.
   
   
   2. In the event a Cricketer or Cricketer Support Personnel knows or suspects that any other Cricketer or Cricketer Support Personnel has committed an anti-doping rule violation, the Cricketer must report such knowledge or suspicion to the Anti-Doping Manager as soon as possible. A Cricketer or Cricketer Support Personnel shall have a continuing obligation to report any new knowledge or suspicion regarding any anti-doping rule violation to the Anti-Doping Manager, even if the Cricketer's or Cricketer Support Personnel's prior knowledge or suspicion has already been reported.
   
   
   3. Cricketers and Cricketer Support Personnel must cooperate fully with investigations conducted pursuant to this Article 7.5.
      
      
      1. If the Anti-Doping Manager believes that a Cricketer or Cricketer Support Personnel may have committed an anti-doping rule violation, the Anti-Doping Manager may make a written demand to such Cricketer or Cricketer Support Personnel (a "Demand") to furnish to the Anti-Doping Manager any information regarding the alleged anti-doping rule violation, including, without limitation, a written statement setting forth the facts and circumstances with respect to the alleged anti-doping rule violation; provided that the Review Board has agreed with the Anti-Doping Manager that there is a good faith basis for the Demand. The Cricketer or Cricketer Support Personnel shall furnish such information within seven business days of the making of such Demand, or within such other time as may be set by the Anti-Doping Manager. Any information furnished to the Anti-Doping Manager shall be kept confidential except when it becomes necessary to disclose such information in furtherance of the prosecution of an anti-doping rule violation, or when such information is reported to administrative, professional, or judicial authorities pursuant to an investigation or prosecution of non-sporting laws or regulations.
      
      
      2. Each Cricketer or Cricketer Support Personnel waives and forfeits any rights, defences and privileges provided by any law in any jurisdiction to withhold information requested by the Anti-Doping Manager pursuant to a Demand. If a Cricketer or Cricketer Support Personnel fails to produce such information, his/her eligibility to participate (or to assist in a Cricketer's participation) in Matches may be withdrawn, and he/she may be denied accreditation and access to Matches, pending compliance with the Demand.
   
   
   4. Where any Cricketer or Cricketer Support Personnel fails to comply with any of the obligations set out in Articles 7.5.2 or 7.5.3, without prejudice to any other Consequences that may be imposed against him/her under the Rules in relation to any alleged anti-doping rule violation(s), the BCCI may impose such sanction on the Cricketer or Cricketer Support Personnel as it considers appropriate, having due regard to the circumstances of such failure.
   
   
   5. Where, as the result of an investigation under this Article 7.5, the BCCI forms the view that an anti-doping rule violation may have been committed, the BCCI shall refer the matter to the Review Board, to determine whether there is a case to answer.
   6. If the Review Board determines that the Cricketer or Cricketer Support Personnel has a case to answer under Article 2, the Anti-Doping Manager shall promptly send the Cricketer or Cricketer Support Personnel a written Notice of Charge (copied to WADA and the ICC), advising the Cricketer:
      
      
      1. that the Cricketer or Cricketer Support Personnel has a case to answer under Article 2 (specifying which particular anti-doping rule violation is alleged to have been committed)
      
      
      2. of the facts upon which the case to answer is based, including providing copies of any relevant documentation
      
      
      3. (where applicable) of the matters relating to Provisional Suspension specified at Article 7.6; and
      
      
      4. of the matters specified at Article 7.7.


6. Provisional Suspension
   
   
   1. If analysis of an A Sample results in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the BCCI shall Provisionally Suspend the Cricketer pending the Anti-Doping Tribunal's determination of whether he/she has committed an anti-doping rule violation. Such Provisional Suspension will come into effect automatically on the date specified by the BCCI in the Notice of Charge.
   
   
   2. In the case of any Notice of Charge not covered by Article 7.6.1 (for example, if the charge is based on an Adverse Analytical Finding for a Prohibited Substance that is a Specified Substance), the BCCI may Provisionally Suspend the Cricketer or Cricketer Support Personnel pending the Anti-Doping Tribunal's determination of whether he/she has committed an anti-doping rule violation. Any Provisional Suspension imposed will come into effect automatically on the date specified by the BCCI in the Notice of Charge.
   
   
   3. Where a Provisional Suspension is imposed, whether pursuant to Article 7.6.1 or Article 7.6.2, the Cricketer or Cricketer Support Personnel shall be given the right to apply, either immediately (ie before the Provisional Suspension comes into force) or at any time prior to a full hearing convened in accordance with Article 8, showing cause why the Provisional Suspension should not be imposed (or, where it has been imposed, why it should be lifted). The application shall be heard at a Provisional Hearing; provided that if the Cricketer or Cricketer Support Personnel (a) applies for an order that the Provisional Suspension not be imposed before the Provisional Suspension comes into effect under Article 7.6.1 or 7.6.2, then the Provisional Suspension shall not come into effect pending the decision on the application; or (b) does not apply for an order before the Provisional Suspension comes into effect under Article 7.6.1 or 7.6.2, but makes an application after that date for the Provisional Suspension to be lifted, the Provisional Suspension shall remain in place pending the decision on the application. Where the Cricketer or Cricketer Support Personnel challenges the imposition of a Provisional Suspension at a Provisional Hearing, the only grounds of challenge (which it shall be his/her burden to establish) shall be the following:
      
      
      1. the charge(s) has/have no reasonable prospect of being upheld, e.g., because of a patent flaw in the case against him/her; or
      
      
      2. the Cricketer or Cricketer Support Personnel has a strong arguable case that he/she bears No Fault or Negligence for the anti-doping rule violation(s) charged, so that any period of Ineligibility that might otherwise be imposed for such a violation is likely to be completely eliminated by application of Article 10.5.1; or
      
      
      3. some other facts exist that make it clearly unfair, in all of the circumstances, to impose a Provisional Suspension prior to a full hearing on the merits of the charge(s) against the Cricketer or Cricketer Support Personnel. This ground is to be construed narrowly, and applied only in truly exceptional circumstances. For example, the fact that the Provisional Suspension would prevent the Cricketer participating in a particular Match shall not qualify as exceptional circumstances for these purposes.
   
   
   4. If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and subsequent analysis of the B Sample analysis does not confirm that Adverse Analytical Finding, then the Provisional Suspension shall be lifted and the Notice of Charge shall be withdrawn.
   
   
   5. During the period of any Provisional Suspension, a Cricketer or Cricketer Support Personnel may not play, coach or otherwise participate or be involved in any capacity in any Match or any other function, event or activity that is authorised, organised, sanctioned, recognised or supported in any way by the BCCI or by any organisation that is a member of, or affiliated to, or licensed by the BCCI. Without prejudice to the generality of the foregoing, the Cricketer or Cricketer Support Personnel may not be given accreditation for, or otherwise granted access to, any Match or any other function, event or activity to which access is controlled by the BCCI or by any organisation that is a member of, or affiliated to, or licensed by the BCCI, and any accreditation previously issued to that Cricketer or Cricketer Support Personnel shall be withdrawn.


7. Responding to the Notice of Charge
   
   
   1. A Notice of Charge sent to a Cricketer in accordance with Article 7.2.3 or Article 7.4.5 or to a Cricketer or Cricketer Support Personnel in accordance with Article 7.5.6 shall also specify that, if the Cricketer or Cricketer Support Personnel wishes to exercise his/her right to a hearing before the Anti-Doping Tribunal (whether on the merits of the charge or on Consequences or both), he/she must submit a written request for such a hearing so that it is received by the Anti-Doping Manager as soon as possible, but in any event within fourteen (14) days of the receipt by the Cricketer or Cricketer Support Personnel of the Notice of Charge. The request must also state how the Cricketer or Cricketer Support Personnel responds to the charge(s) and must explain (in summary form) the basis for such response.
   
   
   2. If the Cricketer or Cricketer Support Personnel fails to file a written request for a hearing before the Anti-Doping Tribunal in accordance with Article 7.7.1 by the deadline specified in that Article, then the Cricketer or Cricketer Support Personnel shall be deemed:
      
      
      1. to have waived his/her entitlement to a hearing.
      
      
      2. to have admitted that he/she has committed the anti-doping rule violation(s) specified in the Notice of Charge; and
      
      
      3. to have acceded to the Consequences specified in the Notice of Charge.

      In such circumstances, a hearing before the Anti-Doping Tribunal shall not be required. Instead, the BCCI shall promptly issue a public decision confirming the commission of the anti-doping rule violation(s) specified in the Notice of Charge and the imposition of the Consequences specified in the Notice of Charge.

   
   
   3. Where the Cricketer or Cricketer Support Personnel does request a hearing in accordance with Article 7.7.1, the matter shall proceed to a hearing in accordance with Article 8.

ARTICLE 8 RIGHT TO A FAIR HEARING


1. Hearings under the Rules
   
   
   1. The BCCI shall appoint a standing panel consisting of a President (who shall be a lawyer) and other persons with experience and expertise in anti-doping (the "Anti-Doping Panel"). Each panel member shall be independent of the BCCI.
   
   
   2. Where the BCCI alleges that a Cricketer or Cricketer Support Personnel has committed an anti-doping rule violation, and the Cricketer or Cricketer Support Personnel denies the allegation, and/or disputes the Consequences to be imposed for such violation under the Rules, then the case shall be referred to an Anti-Doping Tribunal for adjudication.
   
   
   3. In conjunction with the Anti-Doping Manager, the President of the Anti-Doping Panel shall appoint three members from the panel (which may include the President) to sit as the Anti-Doping Tribunal to hear each case. At least one appointed member of the Anti-Doping Tribunal shall be a lawyer, and shall sit as the Chairman of the Anti-Doping Tribunal.
   
   
   4. The Chairman of the Anti-Doping Tribunal shall convene a preliminary hearing with the BCCI and its legal representatives, and with the Cricketer or Cricketer Support Personnel and his/her legal representatives (if any). The preliminary hearing should take place as soon as possible by telephone conference call unless the Chairman determines otherwise. The non-participation of the Cricketer or Cricketer Support Personnel or his/her representatives at the preliminary hearing, after proper notice of the preliminary hearing has been provided, shall not prevent the Chairman of the Anti-Doping Tribunal from proceeding with the preliminary hearing, whether or not any written submissions are made on behalf of the Cricketer or Cricketer Support Personnel.
   
   
   5. The purpose of the preliminary hearing shall be to allow the Chairman to address any preliminary issues. In particular (but without limitation), the Chairman shall:
      
      
      1. determine the date(s) upon which the full hearing shall be held.
      
      
      2. establish dates reasonably in advance of the date of the full hearing at which:
         (a)the BCCI shall file with the Anti-Doping Tribunal and serve on the Cricketer or Cricketer Support Personnel (i) an opening brief setting out submissions on all issues that the BCCI wishes to raise at the hearing, (ii) copies of written witness statements setting out the evidence of the witnesses that the BCCI intends to call at the hearing, and (iii) copies of any documentary evidence that the BCCI intends to introduce at the hearing;
         (b)the Cricketer or Cricketer Support Personnel shall file with the Anti-Doping Tribunal and serve on the BCCI (i) an answering brief addressing the BCCI's submissions and setting out submissions on the issues that he/she wishes to raise at the hearing, (ii) copies of written witness statements setting out the evidence of the witnesses that he/she intends to call at the hearing, and (iii) copies of the documentary evidence that he/she intends to introduce at the hearing; and
         (c)the BCCI may (at its discretion) file with the Anti-Doping Tribunal and serve on the Cricketer or Cricketer Support Personnel a reply brief, responding to the answer brief of the Cricketer or Cricketer Support Personnel and serving any rebuttal witness statements and/or documentary evidence; and
         
      3. make such order as the Chairman shall deem appropriate in relation to the production of relevant documents and/or other materials between the parties; provided that (save for good cause shown) no documents and/or other materials shall be ordered to be produced in relation to any Adverse Analytical Finding beyond the documents that the International Standard for Laboratories requires to be included in the laboratory documentation pack.
   
   
   6. The Cricketer or Cricketer Support Personnel shall be required to raise at the preliminary hearing any legitimate objection that he/she may have to any of the members of the Anti-Doping Tribunal convened to hear his/her case. Any unjustified delay in raising any such objection shall constitute a waiver of the objection. If any objection is made, the Chairman of the Anti-Doping Tribunal shall rule on its legitimacy (or, if the objection relates to the Chairman, the President of the Anti-Doping Panel shall rule).
   
   
   7. If, because of a legitimate objection or for any other reason, a member of the Anti-Doping Tribunal is, or becomes, unwilling or unable to hear the case, then the Chairman of the Anti-Doping Tribunal may, at his/her absolute discretion:
      
      
      1. rule that a replacement member of the Anti-Doping Tribunal should be appointed (in which case the President of the Anti-Doping Panel shall appoint the replacement); or
      
      
      2. authorise the remaining members to hear the case on their own.
   
   
   8. Subject to the discretion of the Chairman of the Anti-Doping Tribunal to order otherwise for good cause shown by either party, or if otherwise agreed between the parties, hearings before the Anti-Doping Tribunal shall: (a) take place at a venue specified by the BCCI; and (b) be conducted on a confidential basis.
   
   
   9. Each of the BCCI and the Cricketer or Cricketer Support Personnel has the right to be present and to be heard at the hearing. Each of the BCCI and the Cricketer or Cricketer Support Personnel also has the right (at his/her or its own expense) to be represented at the hearing by legal counsel of his/her or its own choosing.
   
   
   10. Subject to Article 3.2.5, the Cricketer or Cricketer Support Personnel may choose not to appear in person at the hearing, but rather to provide a written submission for consideration by the Anti-Doping Tribunal, in which case the Anti-Doping Tribunal shall consider the submission in its deliberations. However, the non-attendance of the Cricketer or Cricketer Support Personnel or his/her representative at the hearing, after proper notice of the hearing has been provided, shall not prevent the Anti-Doping Tribunal from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
   
   
   11. The procedure followed at the hearing shall be at the discretion of the Chairman of the Anti-Doping Tribunal, provided that the hearing is conducted in a fair manner with a reasonable opportunity for each party to present evidence (including the right to call and to question witnesses, including by telephone or video-conference where necessary), address the Anti-Doping Tribunal and present its/his/her case.
   
   
   12. Save where the Chairman orders otherwise for good cause shown by either party, the hearing shall be in English, and certified English translations shall be submitted of any non-English documents put before the Anti-Doping Tribunal. The cost of the translation shall be borne by the party offering the document(s).
   
   
   13. If required by the Chairman, the BCCI shall make arrangements to have the hearing recorded or transcribed (save for the private deliberations of the Anti-Doping Tribunal). If the Cricketer or Cricketer Support Personnel needs an interpreter, the BCCI shall also arrange for an interpreter to attend the hearing. Such costs of transcription and interpretation shall be paid by the BCCI, subject to any costs-shifting order that the Anti-Doping Tribunal may make further to Article 8.2.4.
   
   
   14. Each of the ICC and WADA shall have the right to be kept apprised by BCCI of the status of the proceedings before the Anti-Doping Tribunal, as well as the right to attend hearings of the Anti-Doping Tribunal as an observer.


2. Decisions of the Anti-Doping Tribunal
   
   
   1. The Anti-Doping Tribunal shall announce its decision in writing, with reasons, as soon as possible after the conclusion of the hearing. That written decision will be sent without delay to the parties, the ICC and WADA. The decision shall set out and explain:
      
      
      1. with reasons, the Anti-Doping Tribunal's findings as to whether any anti-doping rule violation(s) has/have been committed.
      
      
      2. with reasons, the Anti-Doping Tribunal's findings as to what Consequences, if any, are to be imposed.
      
      
      3. with reasons, the date that such Consequences shall come into force and effect pursuant to Article 10.9; and
      
      
      4. the rights of appeal that apply pursuant to Article 13.
   
   
   2. The Anti-Doping Tribunal shall have discretion to announce the substance of its decision to the parties prior to the issue of the written reasoned decision referred to in Article 8.2.1, in cases where a Provisional Suspension has been imposed or where it otherwise deems appropriate. For the avoidance of doubt, however: (a) the Anti-Doping Tribunal shall still be required to issue a written, reasoned decision in accordance with Article 8.2.1; and (b) the time to appeal pursuant to Article 13 shall not run until receipt of that written, reasoned decision.
   
   
   3. The BCCI shall pay the costs of convening the Anti-Doping Tribunal and of staging the hearing, subject to any costs-shifting order that the Anti-Doping Tribunal may make further to Article 8.2.4.
   
   
   4. The Anti-Doping Tribunal has the power to make a costs order against any party. Subject thereto, each party shall bear its own costs, legal, expert, hearing, and otherwise.
   
   
   5. Subject only to the rights of appeal under Article 13, the Anti-Doping Tribunal's decision shall be the full, final and complete disposition of the case and will be binding on all parties.
   
   
   6. If the decision is that an anti-doping rule violation has been committed, then: (a) the decision shall be publicly reported in full as soon as possible, and in any event within no more than twenty (20) days of its issue; and (b) after the decision is publicly reported, the BCCI may also publish such other parts of the proceedings before the Anti-Doping Tribunal as the BCCI thinks fit.
   
   
   7. If the Cricketer or Cricketer Support Personnel is exonerated, then the decision shall not be published (save as set out in Article 14.2) and its confidentiality shall be strictly maintained by all parties.

An anti-doping rule violation in connection with or arising out of an In-Competition test automatically leads to Disqualification of the individual results obtained by the Cricketer's individual performance in the Match in question, with the following consequences: (a) forfeiture of any individual medals or other prizes awarded; and (b) forfeiture of any official ranking points achieved.

ARTICLE 10 SANCTIONS ON INDIVIDUALS


1. (Deliberately left blank)


2. Imposition of a Period of Ineligibility for the Presence, Use or Attempted Use, or Possession of Prohibited Substances and Prohibited Methods
   The period of Ineligibility imposed for a violation of Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers in a Sample), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) or Article 2.6 (Possession of Prohibited Substances and Methods) that is the Cricketer or Cricketer Support Personnel's first offence shall be two years, unless the conditions for eliminating or reducing the period of Ineligibility (as provided in Articles 10.4 and 10.5) or the conditions for increasing the period of Ineligibility (as provided in Article 10.6) are met.


3. Imposition of a Period of Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility imposed for anti-doping rule violations other than under Article 10.2:
   
   
   1. For a violation of Article 2.3 (refusing or failing to submit to or otherwise evading Sample collection) or Article 2.5 (Tampering or Attempted Tampering with Doping Control) that is the Cricketer or Cricketer Support Personnel's first offence, the period of Ineligibility imposed shall be two years, unless the conditions specified in Article 10.5 or in Article 10.6 are met.
   
   
   2. For a violation of Article 2.4 (Filing Failures and/or Missed Tests) that is the Cricketer's first offence, the period of Ineligibility imposed shall be at a minimum one year and at a maximum two years, depending upon the Cricketer's degree of fault.
   
   
   3. For a violation of Article 2.7 (Trafficking or Attempted Trafficking) or Article 2.8 (administration or Attempted administration of Prohibited Substance or Prohibited Method) that is the Cricketer or Cricketer Support Personnel's first offence, the period of Ineligibility imposed shall be a minimum of four years up to lifetime Ineligibility unless the conditions provided in Article 10.5 are met; provided that:
      
      
      1. an anti-doping rule violation involving a Minor shall be considered a particularly serious violation and, if committed by a Cricketer Support Personnel in relation to violations other than those involving Specified Substances, shall result in lifetime Ineligibility for such Cricketer Support Personnel; and
      
      
      2. significant violations of Article 2.7 or 2.8 which also violate non-sporting laws or regulations shall be reported to the competent administrative, professional or judicial authorities.


4. Elimination or Reduction of the Period of Ineligibility for Specified Substances under Specific Circumstances
   
   
   1. Where a Cricketer can establish how a Specified Substance entered his/her body or came into his/her Possession or a Cricketer Support Personnel can establish how a Specified Substance came into his/her Possession and, in each case, that such Specified Substance was not intended to enhance the Cricketer's sport performance or to mask the Use of a performance-enhancing substance, the period of Ineligibility established in Article 10.2 shall be replaced (assuming it is a first offence) with, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, a period of Ineligibility of two years.
   
   
   2. To qualify for any elimination or reduction under this Article, the Cricketer or Cricketer Support Personnel must produce corroborating evidence in addition to his/her word that establishes, to the comfortable satisfaction of the Anti-Doping Tribunal, the absence of an intent to enhance sport performance or to mask the Use of a performance-enhancing substance.


5. Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances
   
   
   1. No Fault or Negligence
      

      If a Cricketer or Cricketer Support Personnel establishes in an individual case that he/she bears No Fault or Negligence in respect of the anti-doping rule violation in question, the otherwise applicable period of Ineligibility shall be eliminated. When the anti-doping rule violation is under Article 2.1 (presence of a Prohibited Substance or its Metabolites or Markers), the Cricketer must also establish how the Prohibited Substance entered his/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 10.7.

   
   
   2. No Significant Fault or Negligence
      

      If a Cricketer or Cricketer Support Personnel establishes in an individual case that he/she bears No Significant Fault or Negligence in respect of the anti-doping rule violation in question, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the 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 eight years. When the anti-doping rule violation is under Article 2.1 (presence of a Prohibited Substance or its Metabolites or Markers), the Cricketer must also establish how the Prohibited Substance entered his/her system in order to have the period of Ineligibility reduced.

   
   
   3. Substantial Assistance in Discovering or Establishing Anti-Doping Rule Violations
      
      
      1. In any individual case where a period of Ineligibility has been imposed, the BCCI or Anti-Doping Tribunal may suspend a part of that period of Ineligibility where the Cricketer or Cricketer Support Personnel has provided Substantial Assistance to the BCCI or the ICC or other anti-doping organisations, a criminal authority or a professional disciplinary body that results in the BCCI, the ICC or other anti-doping organisations discovering or establishing an anti-doping rule violation by another Person or that results in a criminal or disciplinary body discovering or establishing a criminal offence or the breach of professional rules by another Person; provided that if the decision to suspend a part of the period of Ineligibility is made after a final appellate decision under Article 13 or the expiration of time to appeal, then the approval of WADA and the ICC is required for such suspension.
      
      
      2. The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Cricketer or Cricketer Support Personnel and the significance of the Substantial Assistance provided by the Cricketer or Cricketer Support Personnel to the effort to eliminate doping in sport.
      
      
      3. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended under this Article 10.5.3. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than 8 years.
      
      
      4. If the BCCI or Anti-Doping Tribunal suspends any part of the otherwise applicable period of Ineligibility under this Article, it shall promptly provide a written justification for its decision to WADA and to the ICC.
      
      
      5. If the BCCI subsequently reinstates any part of the suspended period of Ineligibility because the Cricketer or other Person has failed to provide the Substantial Assistance that was anticipated, the Cricketer or Cricketer Support Personnel may appeal the reinstatement pursuant to Article 13.2.
   
   
   4. Admission of an Anti-Doping Rule Violation in the Absence of Other Evidence
      

      Where a Cricketer or Cricketer Support Personnel voluntarily admits the commission of an anti-doping rule violation before having received either: (a) notification of a Sample collection that could establish an anti-doping rule violation (in the case of an anti-doping rule violation under Article 2.1), or (b) notification of the anti-doping rule violation (in the case of any other anti-doping rule violation), and that admission is the only reliable evidence of the violation at the time of admission, then the otherwise applicable period of Ineligibility may be reduced, but not by more than half.

   
   
   5. Where a Cricketer or Other Person Establishes Entitlement to Reduction of Suspension in Sanction under More than One Provision of Article 10.5

      Before applying any reduction or suspension under Articles 10.5.2, 10.5.3 or 10.5.4, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.4 and 10.6. If the Cricketer or Cricketer Support Personnel establishes entitlement to a reduction or suspension of the period of Ineligibility under two or more of Articles 10.5.2, 10.5.3 or 10.5.4, then the period of Ineligibility may be reduced or suspended, but not below one-quarter of the otherwise applicable period of Ineligibility.



6. Aggravating Circumstances Which May Increase the Period of Ineligibility
   
   
   1. If the BCCI establishes in an individual case involving an anti-doping rule violation other than violations under Article 2.7 (Trafficking or Attempted Trafficking) and 2.8 (Administration or Attempted Administration) that aggravating circumstances are present that justify the imposition of a period of Ineligibility greater than the standard period, then the period of Ineligibility otherwise applicable shall be increased up to a maximum of four years, unless the Cricketer or Cricketer Support Personnel can prove to the comfortable satisfaction of the Anti-Doping Tribunal that he/she did not knowingly commit the anti-doping rule violation.
   
   
   2. A Cricketer or Cricketer Support Personnel can avoid the application of this Article by admitting the anti-doping rule violation promptly after being confronted with it by the BCCI.


7. Multiple Violations In determining whether an anti-doping rule violation under these Rules is a first offence, not only previous anti-doping rule violations under these Rules but also previous anti-doping rule violations under other relevant rules (such as the ICC Code) will be counted.
   
   
   1. Second Anti-Doping Rule Violation

      For a second anti-doping rule violation, the period of Ineligibility shall be within the range set forth in the table below.

      The table is applied by locating the first anti-doping rule violation in the left-hand column and then moving across the table to the right to the column representing the anti-doping rule violation. By way of example, assume a Cricketer or Cricketer Support Personnel receives the standard period of Ineligibility for a first anti-doping rule violation under Article 10.2 and then commits a second anti-doping rule violation for which he/she receives a reduced sanction under Article 10.4. The table is used to determine the period of Ineligibility for the second anti-doping rule violation. The table is applied to this example by starting in the left-hand column and going down to the fourth row (which is "St" for standard sanction), then moving across the table to the first column (which is "RS" for reduced sanction for a Specified Substance), thus resulting in a 2-4 year range for the period of Ineligibility for the second anti-doping rule violation. The Cricketer or Cricketer Support Personnel's degree of fault shall be the criterion used in assessing a period of Ineligibility within the applicable range.

      Second Violation

      RS

      FFMT

      NSF

      St

      AS

      TRA

      
      

      First Violation
      RS	1-4	2-4	2-4	4-6	8-10	10-life
      FFMT	1-4	4-8	4-8	6-8	10-life	life
      NSF	1-4	4-8	4-8	6-8	10-life	life
      St	2-4	6-8	6-8	8-life	life	life
      AS	4-5	10-life	10-life	life	life	life
      TRA	8-life	life	life	life	life	life

      Definitions for purposes of the second anti-doping rule violation table: RS (Reduced sanction for Specified Substance under Article 10.4): The anti-doping rule violation was or should be sanctioned by a reduced sanction under Article 10.4 because it involved a Specified Substance and the other conditions under Article 10.4 were met. FFMT (Filing Failures and/or Missed Tests): The anti-doping rule violation was or should be sanctioned under Article 10.3.2 (Filing Failures and/or Missed Tests). NSF (Reduced sanction for No Significant Fault or Negligence): The anti-doping rule violation was or should be sanctioned by a reduced sanction under Article 10.5.2 because No Significant Fault or Negligence under Article 10.5.2 was established by the Cricketer or Cricketer Support Personnel. St (Standard sanction under Articles 10.2 or 10.3.1): The anti-doping rule violation was or should be sanctioned by the standard sanction of two years under Article 10.2 or 10.3.1. AS (Aggravated sanction): The anti-doping rule violation was or should be sanctioned by an aggravated sanction under Article 10.6 because the conditions set out in Article 10.6 were established. TRA (Trafficking or Attempted Trafficking and administration or Attempted administration): The anti-doping rule violation was or should be sanctioned by a sanction under Article 10.3.3.
      
   2. Application of Articles 10.5.3 and 10.5.4 to Second Anti-Doping Rule Violation
      resulting in a 2-4 year range for the period of Ineligibility for the second anti-doping rule violation. The Cricketer or Cricketer Support Personnel’s degree of fault shall be the criterion used in assessing a period of Ineligibility within the applicable range. Where a Cricketer or Cricketer Support Personnel who has committed a second anti-doping rule violation establishes an entitlement to suspension or reduction of a portion of the period of Ineligibility under Article 10.5.3 or Article 10.5.4, the Anti-Doping Tribunal shall first determine the otherwise applicable period of Ineligibility within the range established in the table in Article 10.7.1, and then shall apply the appropriate reduction or suspension, provided that the remaining period of Ineligibility after such reduction or suspension must be at least one-quarter of the otherwise applicable period of Ineligibility.
   
   
   3. Third Anti-Doping Rule Violation A third anti-doping rule violation will always result in a lifetime period of Ineligibility, unless the third violation fulfills the conditions for elimination or reduction of the period of Ineligibility under Article 10.4 or involves a violation of Article 2.4 (Filing Failures and/or Missed Tests), in which case the period of Ineligibility imposed shall be from eight years to life.
   
   
   4. Additional Rules for Certain Potential Multiple Violations
      
      
      1. For purposes of imposing sanctions under Article 10.7, an anti-doping rule violation will only be considered a second violation if the BCCI can establish that the Cricketer or Cricketer Support Personnel committed the second anti-doping rule violation after he/she received notice pursuant to Article 7, or after the BCCI made reasonable efforts to give such notice, of the first anti-doping rule violation. If the BCCI cannot establish this, the violations shall be considered together as one single first violation for sanctioning purposes, and the sanction imposed shall be based on the violation that carries the more severe sanction. However, the occurrence of multiple violations may be considered as a factor in determining aggravating circumstances under Article 10.6.
      2. If, after the resolution of a first anti-doping rule violation, the BCCI discovers a second anti-doping rule violation by the Cricketer or Cricketer Support Personnel that occurred prior to notification of the first violation, then an additional sanction shall be imposed based on the sanction that could have been imposed if the two violations would have been adjudicated at the same time. Results in all Matches dating back to the earlier anti-doping rule violation will be Disqualified in accordance with Article 10.8. To avoid the possibility of a finding of aggravating circumstances under Article 10.6 on account of the earlier-in-time but later-discovered violation, the Cricketer or Cricketer Support Personnel must voluntarily admit the earlier anti-doping rule violation on a timely basis after notice of the violation for which he/she is first charged. The same rule shall also apply when the BCCI discovers facts involving another prior violation after the resolution of a second anti-doping rule violation.
   5. Multiple Anti-Doping Rule Violations during an Eight-Year Period Any prior anti-doping rule violation shall only be taken into account for purposes of Article 10.7 if it took place within a period of eight years prior to the anti-doping rule violation under consideration.
8. Disqualification of Individual Results Obtained in Matches Subsequent to Sample Collection or Commission of an Anti-Doping Rule Violation

   In addition to the automatic Disqualification, pursuant to Article 9, of the Cricketer's individual results obtained by the Cricketer's individual performance in the Match which produced the Adverse Analytical Finding, all other competitive results obtained from the date that the Sample in question was collected (whether In-Competition or Out-of-Competition), or other anti-doping rule violation occurred, through to the commencement of any Provisional Suspension or Ineligibility period, shall (unless the Anti-Doping Tribunal determines that fairness requires otherwise) be Disqualified with the following consequences: (a) forfeiture of any individual medals or other prizes awarded; and (b) forfeiture of any official ranking points. The lack of any evidence that the Cricketer's performance was enhanced during subsequent Matches shall not of itself be sufficient to trigger the Anti-Doping Tribunal's discretion under Article 10.8.



9. Commencement of Ineligibility Period

   Except as provided below, the period of Ineligibility shall commence on the date that the decision imposing the period of Ineligibility is issued.

   
   
   1. Where there have been substantial delays in the hearing process or other aspects of Doping Control not attributable to the Cricketer or Cricketer Support Personnel, the period of Ineligibility may be deemed to have started at an earlier date, commencing as early as the date of last occurrence of the anti-doping rule violation (which, in the case of an Article 2.1 violation, would be on the date of Sample collection), taking into account any such period of delay.
   
   
   2. Where the Cricketer or Cricketer Support Personnel promptly (which means, in any event, before the Cricketer competes again) admits the anti-doping rule violation after being confronted with it by the BCCI, the period of Ineligibility subsequently imposed on him/her may be back-dated so that it is deemed to have commenced as far back as the date of last occurrence of the anti-doping rule violation (which, in the case of an Article 2.1 violation, would be on the date of Sample collection). However, this discretion to back-date is subject to the following limit: the Cricketer or Cricketer Support Personnel must actually serve at least one-half of the period of Ineligibility, ie the commencement date of that period of Ineligibility cannot be back-dated such that he/she actually serves less than one-half of that period.
   
   
   3. Any period of Provisional Suspension served by the Cricketer or Cricketer Support Personnel (whether imposed in accordance with Article 7.6 or voluntarily accepted by the Cricketer or Cricketer Support Personnel) shall be credited against the total period of Ineligibility to be served. To get credit for any period of voluntary Provisional Suspension, however, the Cricketer or Cricketer Support Personnel must have given written notice at the beginning of such period to the BCCI. No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension, regardless of the Cricketer's or Cricketer Support Personnel's status during such period.


10. Status During Ineligibility
    
    
    1. Prohibition against Participation during Ineligibility
       
       
       1. No Cricketer or Cricket Support Personnel who has been declared Ineligible may, during the period of Ineligibility, play, coach or otherwise participate or be involved in any capacity in: (a) a Match or any other function, event or activity (other than authorised anti-doping education or rehabilitation programs) authorised, organised, sanctioned, recognised or supported in any way by the BCCI or by any body that is a member of, or affiliated to, or licensed by the BCCI; or (b) any Match or any other function, event or activity authorised or organised by any professional league or any international or national level tournament/event organiser (whether or not the party authorising or organising the Match or event in question is a Signatory, any club or other body that is a member of, or affiliated to, or licensed by, a Signatory or a Signatory's member organisation). Without prejudice to the generality of the foregoing, such Cricketer or Cricketer Support Personnel shall not, during any period of Ineligibility, be given accreditation for, or otherwise granted access to, any Match, function, event or activity of the type referred to in this Article and any such accreditation previously issued shall be withdrawn. In addition, the BCCI shall take all steps within its power to have the period of Ineligibility recognised and enforced by all other relevant parties, including all other Signatories pursuant to Article 15.4 of the World Anti-Doping Code.
       
       
       2. A Cricketer or Cricketer Support Personnel who is 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 cricket, but only so long as the local sport event is not at a level that could otherwise qualify such Cricketer or Cricketer Support Personnel directly or indirectly to compete in (or accumulate points toward) a national championship or international tournament/event.
       
       
       3. A Cricketer or Cricketer Support Personnel who is subject to a period of Ineligibility shall remain subject to Testing during that period. If a Cricketer or Cricketer Support Personnel commits an anti-doping rule violation during a period of Ineligibility (including but not limited to an anti-doping rule violation under Article 2.1), this shall be treated as a separate anti-doping rule violation under the Rules.
    
    
    2. Violation of the Prohibition of Participation during Ineligibility
       

       Where a Cricketer or Cricketer Support Personnel who has been declared Ineligible violates the prohibition against participation during such period of Ineligibility, the period of Ineligibility that was originally imposed shall start over again as of the date of such participation. The new period of Ineligibility may be reduced under Article 10.5.2 if the Cricketer or Cricketer Support Personnel establishes that he/she bears No Significant Fault or Negligence for such participation. The determination of whether the prohibition against participation whilst Ineligible has been violated, and whether a reduction under Article 10.5.2 is appropriate, shall be made by the BCCI, and such decision shall be subject to appeal in accordance with Article 13. In any case, any results obtained by the Cricketer as a result of such participation shall be automatically Disqualified with all resulting consequences, including forfeiture of any individual medals, individual titles, individual ranking points and individual prizes obtained in that Match or other tournament/event and the non-inclusion of the Cricketer's performance statistics in that Match or other tournament/event towards individual averages and/or records.

    
    
    3. Withholding of Financial Support during Ineligibility
       

       In addition, for any anti-doping rule violation not involving a reduced sanction for Specified Substances as described in Article 10.4, some or all sport-related financial support or other sport-related benefits received by the Cricketer or Cricketer Support Personnel may be withheld by the BCCI.



11. Reinstatement Testing
    
    
    1. As a condition to regaining eligibility at the end of a period of Provisional Suspension or Ineligibility, a Cricketer must make him/herself available for Out-of-Competition Testing by the BCCI and the ICC (where it has jurisdiction to test him/her during that period of Provisional Suspension or Ineligibility), and must comply with any whereabouts requirements specified by the BCCI.
    
    
    2. If a Cricketer who is subject to a period of Ineligibility does not make him/herself available for Testing (whether because of retirement or otherwise), the Cricketer shall not be eligible for reinstatement until he/she ha made him/herself available for Testing (by notifying BCCI in writing) for a period of time equal to the period of Ineligibility remaining as at the date that he/she first stopped making him/herself available for Testing.
    
    
    3. During such remaining period of Ineligibility, a minimum of two (2) tests must be conducted on the Cricketer. The BCCI shall be responsible for conducting the necessary tests, but tests by the ICC may be used to satisfy the requirement. The results of such tests shall be reported to the ICC. In addition, immediately prior to the end of the period of Ineligibility, upon request a Cricketer must undergo Testing at the instance of the BCCI for the Prohibited Substances and Methods that are prohibited in Out-of-Competition Testing.
    
    
    4. Once the period of Ineligibility has expired, and the Cricketer or Cricketer Support Personnel has fulfilled the conditions of reinstatement, then provided that the Cricketer or Cricketer Support Personnel has paid in full all amounts forfeited under the Rules, and has satisfied in full any award of costs made against him/her by any Anti-Doping Tribunal and/or by the CAS following any appeal made pursuant to Article 13, the Cricketer or Cricketer Support Personnel will become automatically re-eligible to participate (or assist the participation of a Cricketer) and no application by the Cricketer or Cricketer Support Personnel will be necessary.

ARTICLE 11 CONSEQUENCES FOR TEAMS


1. Where, in any period of twelve months, more than one member of a team has been notified of a possible anti-doping rule violation under Article 7, the BCCI shall conduct appropriate Target Testing of Cricketers in that team.
2. Without limitation to Article 11.1, if more than two members of a team are found to have committed an anti-doping rule violation during a Match or Competition, this shall be treated as misconduct pursuant to the BCCI's disciplinary rules for which an appropriate sanction shall be imposed on the team as may be considered appropriate having due regard to the circumstances of such anti-doping rule violations (e.g., loss of points, Disqualification from the Match or Competition, or other sanction). For the avoidance of doubt, such sanction shall be in addition to any Consequences imposed upon the individual Cricketer(s) committing the anti-doping rule violation.

(INTENTIONALLY LEFT BLANK)

ARTICLE 13 APPEALS


1. Decisions Subject to Appeal
   

   Decisions made under the Rules may be challenged solely by appeal as set out in this Article 13 (or as otherwise provided in the Rules). Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.



2. Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, and Provisional Suspensions
   
   
   1. The following decisions -- a decision that an anti-doping rule violation was (or was not) committed, a decision imposing Consequences (or not imposing Consequences) for an anti-doping rule violation; a decision that a charge cannot go forward for procedural reasons (including, for example, because too much time has passed); a decision that the BCCI or a hearing panel lacks jurisdiction to deal with an alleged anti-doping rule violation; a decision not to pursue an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation under Article 7.2 or 7.3; a decision not to bring a charge after an investigation under Article 7.5; a decision to suspend a period of Ineligibility in accordance with Article 10.5.3; a decision to reinstate a suspended period of Ineligibility in accordance with Article 10.5.3; a decision under Article 10.10.2 in relation to participation whilst Ineligible; and a decision to reduce a period of Ineligibility imposed under a predecessor version of the Rules in accordance with Article 18.5.3 -- may be appealed by any of the following parties exclusively as provided in this Article 13:
      1. the Cricketer or Cricketer Support Personnel who is the subject of the decision being appealed.
      2. the BCCI;
      3. the ICC; and
      4. WADA.
         

         In the absence of any such appeal, such decisions shall be final and binding on all of the above Persons.

   
   
   2. The only Person who may appeal a decision to impose a Provisional Suspension is the Cricketer or Cricketer Support Personnel who is the subject of the Provisional Suspension.
   
   
   3. Subject to Article 13.6, an appeal pursuant to Articles 13.2.1 or 13.2.2 shall be made as follows:
      
      
      1. In a case arising from participation in an ICC Event or involving an International-Level Cricketer, the appeal shall be made to CAS in accordance with Article 13.9.
      
      
      2. In all other cases, the appeal shall be made to the Appeal Panel in accordance with Article 13.3, subject to the right of certain parties to make a further appeal to CAS, in accordance with Article 13.5.4.


3. Filing an Appeal with the Appeal Panel
   
   
   1. Where an appeal lies under these Rules to an Appeal Panel, the appellant must lodge notice of the appeal with the President of the Anti-Doping Panel (c/o the Anti-Doping Manager), specifying the grounds of the appeal, within fourteen (14) days of the date of receipt of the reasoned decision of the Anti-Doping Tribunal that is being challenged on appeal.
   
   
   2. An appellant who was not a party to the proceedings that led to the decision being appealed shall have the right to a copy of the record of the proceedings that led to the decision. If such request is made, then BCCI shall supply the record to such party as soon as reasonably practicable.


4. Convening an Appeal Panel
   
   
   1. Where a notice of appeal is filed in accordance with Article 13.3.1, the President of the Anti-Doping Panel, in conjunction with the Anti-Doping Manager, shall appoint three (3) members from the Anti-Doping Panel (which may include the President) to sit as the Appeal Panel to hear and determine the appeal. Each Anti-Doping Panel member appointed to the Appeal Panel shall be independent of BCCI and shall not have sat as part of the first instance Anti-Doping Tribunal. At least one appointed member of the Appeal Panel shall be a lawyer, and shall sit as Chairman of the Appeal Panel.
   
   
   2. The parties to the appeal shall be advised of the identities of the appointed members of the Appeal Panel and asked if they have any legitimate objection to any of those members hearing and determining the appeal. Any unjustified delay in raising any such objection shall constitute a waiver of the objection. If such objection is made, the Chairman of the Appeal Panel shall rule on its legitimacy (or, if the objection relates to the Chairman, the President of the Anti-Doping Panel shall rule).
   
   
   3. If, because of a legitimate objection or for any other reason, a member of the Appeal Panel appointed to hear a particular appeal is, or becomes, unwilling or unable to hear the appeal, then the Chairman of the Appeal Panel may, at his/her absolute discretion: (a) rule that a replacement member of the Appeal Panel should be appointed (in which case the President of the Anti-Doping Panel shall appoint the replacement); or (b) authorise the remaining members of the Appeal Panel to hear (or to continue to hear) the appeal on their own.


5. Proceedings before the Appeal Panel
   
   
   1. The provisions of Articles 8.1 and 8.2, applicable to proceedings before the Anti-Doping Tribunal, shall apply mutatis mutandis (ie with changes deemed to have been made as required to reflect the different context) to proceedings before the Appeal Panel.
   
   
   2. Appeal hearings pursuant to this Article 13 should be completed expeditiously. Save where all parties agree or fairness requires, the appeal hearing shall be commenced no later than forty (40) days after the date of the reasoned decision being appealed.
   
   
   3. Each of the ICC and WADA, if not party to the appeal, shall have the right to be kept apprised by BCCI of the status of the appeal, as well as the right to attend hearings of the Appeal Panel as an observer.
   
   
   4. The Appeal Panel shall hear and determine the appeal in accordance with the following standard of review:
      
      
      1. Where required in order to do justice (e.g., to cure procedural errors), the appeal shall take the form of a rehearing de novo, i.e., the Appeal Panel shall hear the matter over again, from the beginning, without being bound in any way by the decision being appealed.
      
      
      2. In all other cases, the appeal shall not take the form of a de novo hearing. Instead the appellant shall be required to establish that the decision being appealed was made in error.
   
   
   5. Decisions of the Appeal Panel may only be challenged by WADA or the ICC, by appeal to CAS in accordance with the provisions of Article 13.9. Subject thereto, such decisions shall be the full, final and complete disposition of the appeal and will be binding on all of the parties identified in Article 13.2.1.


6. Appeals by WADA or the ICC
   
   
   1. Notwithstanding any other provision of the Rules, where WADA or the ICC has a right of appeal under the Rules against a decision, and no other party has appealed against that decision, WADA or the ICC may appeal such decision directly to CAS without having first to exhaust any other remedy, including (without limitation) without having to appeal to an Appeal Panel.
   
   
   2. Where WADA or the ICC considers that the BCCI has failed within a reasonable deadline to make a decision with respect to whether an anti-doping rule violation was committed, both WADA and the ICC shall have a right of appeal to CAS as if the BCCI had rendered a decision finding no anti-doping rule violation. If CAS determines that an anti-doping rule violation was committed and that WADA or the ICC acted reasonably in electing to appeal directly to CAS, then the reasonable costs of WADA or the ICC incurred in pursuing the appeal shall be reimbursed to WADA or the ICC by the BCCI.


7. Appeals from Decisions Granting or Denying a Therapeutic Use Exemption
   
   
   1. The Cricketer and/or the BCCI may appeal a decision by the TUE Committee on the Cricketer's TUE application, in whole or in part, to the TUE Appeal Panel, on the ground that the decision does not comply with the International Standard for Therapeutic Use Exemptions. Alternatively, an International-Level Cricketer may appeal any such decision to CAS in accordance with Article 13.9.
   
   
   2. If the TUE Appeal Panel upholds a Cricketer's appeal in whole or in part, the BCCI and/or WADA may appeal that decision to CAS in accordance with Article 13.9.
   
   
   3. Decisions by WADA reversing the grant or denial of a TUE further to Article 4.4.4 may be appealed exclusively to CAS by the Cricketer or the BCCI, in accordance with Article 13.9, or by the ICC in accordance with the ICC Code.


8. Time for Filing Appeals/Appeals Procedure
   
   
   1. The time to file an appeal to the Appeal Panel or to CAS (as applicable) shall be twenty-one (21) days from the date of receipt of the written decision by the appealing party.
   
   
   2. Article 13.8.1 notwithstanding, the following shall apply in connection with appeals filed by a party that was not a party to the proceedings that led to the decision subject to appeal:
      
      
      1. Within ten (10) days from receipt of the written, reasoned decision, such party/ies shall have the right to request from the body that issued the decision a copy of the file on which such body relied.
      2. 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.
   
   
   3. Articles 13.8.1 and 13.6.2 notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:
      
      
      1. Twenty-one (21) days after the last day on which any other party in the case could have appealed and
      
      
      2. Twenty-one (21) days after WADA's receipt of a copy of the file on which the body that issued the decision relied.
   
   
   4. All parties with a right to appeal pursuant to this Article 13, if not joined as a party to the appeal, shall have the right to be kept apprised of the status and outcome (with reasons) of the appeal, as well as the right to attend appeal hearings as an observer.
   
   
   5. If the decision by the Appeal Panel is that an anti-doping rule violation has been committed, then: (a) the decision shall be publicly reported in full as soon as possible, and in any event no more than twenty (20) days of its issue; and (b) after the decision is publicly reported, the BCCI may also publish such other parts of the proceedings before the Appeal Panel as the BCCI thinks fit.
   
   
   6. If the decision by the Appeal Panel is that an anti-doping rule violation has not been committed, then the decision shall not be published (save as set out in Article 14.2) and its confidentiality shall be strictly maintained by all parties.


9. Appeals to CAS
   

   In all appeals to CAS pursuant to this Article 13:

   
   
   1. CAS's Code of Sports-related Arbitration shall apply, save as amended by this Article 13.9.
   
   
   2. Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the parties to the decision being appealed, and the information shall be provided if CAS so directs.
   
   
   3. Where required in order to do justice (for example to cure procedural errors at the first instance hearing), the appeals shall take the form of a re-hearing de novo of the issues raised by the case. In all other cases, however, such appeals shall not take the form of a de novo hearing but instead shall be limited to a consideration of whether the decision being appealed was erroneous.
   
   
   4. Subject to Article 18.2, the governing law shall be Indian law and the appeal shall be conducted in English, unless the parties agree otherwise.
   
   
   5. The decision of CAS shall be final and binding on all parties, and no right of appeal shall lie from the CAS decision.

ARTICLE 14 PUBLIC DISCLOSURE AND CONFIDENTIALITY


1. Neither the BCCI, the ICC or WADA shall publicly identify Cricketers whose Samples have resulted in Adverse Analytical Findings, or who have been alleged to have violated other Articles of the Rules, until it has been determined in a hearing in accordance with Article 8 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. Once it is decided that a violation of the Rules has been established, publication of that decision shall be determined in accordance with Articles 8.2.6, 8.2.7, 13.8.3, 13.8.4 and 14.2. The BCCI shall also, within the time period for publication, send all first instance and appeal decisions to WADA and the ICC.
2. In any case under the Rules where it is determined, after a hearing or appeal, that the Cricketer or Cricket Support Personnel did not commit an anti-doping rule violation, the decision may be disclosed publicly only with the consent of the Cricketer or Cricketer Support Personnel who is the subject of the decision. The BCCI shall use reasonable efforts to obtain such consent, and if consent is obtained, shall publicly disclose the decision in its entirety or in such redacted form as the Cricketer or Cricketer Support Personnel may approve.
3. The BCCI shall use its reasonable endeavours to ensure that persons under its control do not publicly identify Cricketers whose Samples have resulted in Adverse Analytical Findings or Atypical Findings, or who have a Provisional Suspension imposed on them, or are alleged to have committed an anti-doping rule violation under the Rules, unless and until an Anti-Doping Tribunal has determined that an anti-doping rule violation has been committed, and/or the anti-doping rule violation has been admitted. However, the BCCI in its discretion may at any time disclose to other organisations such information as the BCCI may consider necessary or appropriate to facilitate administration or enforcement of the Rules, provided that each organisation provides assurance satisfactory to the BCCI that the organisation will maintain all such information in confidence. The BCCI will not comment publicly on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Cricketer or Cricketer Support Personnel involved in the case or his/her representatives.
4. All communications with a laboratory in relation to Testing carried out under the Rules must be conducted in such a way that the laboratory is not advised of the identity of the Cricketer(s) involved, save where required as part of the investigation of a potential case and/or the presentation of evidence to an Anti-Doping Tribunal.
5. Details of all Testing carried out at the instance of the BCCI under the Rules, i.e. date of test, name of Cricketer tested, and whether the test was In-Competition or Out-of-Competition, shall be provided to the ICC and to WADA.
6. Whereabouts information provided by a Cricketer pursuant to Article 5.3.2 may be provided to the ICC and to WADA, on the basis that it shall be maintained in the strictest confidence at all times, it shall be used only for Doping Control purposes, and it shall be destroyed when no longer relevant for such purposes.
7. All Cricketers and Cricketer Support Personnel shall be deemed to have agreed, for purposes of applicable data protection and other laws and for all other purposes, to have consented to the collection, processing, disclosure and use of information relating to them, including personal information relating to them, as required to implement the Rules.

ARTICLE 15 RECOGNITION OF DECISIONS
The Testing, TUEs, hearing results and other decisions made under the ICC Code or recognised by the ICC under Article 15 of the ICC Code shall be recognised and respected by the BCCI and its member and affiliate and licensee organisations and all those subject to the Rules automatically upon notice of the same, without the need for further formality. The BCCI shall take all steps within its power to give full force and effect within its jurisdiction to such Testing, TUEs, hearing results and other decisions made or recognised under the ICC Code.

ARTICLE 17 STATISTICAL REPORTING
The BCCI shall report to the ICC at the end of every calendar year the results of all Doping Controls conducted under the Rules, sorted by Cricketer and identifying each date on which the Cricketer was tested, the entity conducting the test on behalf of the BCCI, and whether the test was In-Competition or Out-of-Competition. The ICC may periodically publish such data, save that (unless specifically agreed by the BCCI) the identity of the Cricketers tested shall not be published.

ARTICLE 18 AMENDMENT AND INTERPRETATION OF THE RULES


1. The Rules may be amended from time to time by the BCCI. Such amendments shall come into effect on the date specified by the BCCI.


2. The Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes of any Signatory or government.


3. The headings used for the various Articles of the Rules are for the purpose of guidance only and shall not be deemed to be part of the substance of the Rules or to inform or affect in any way the language of the provisions to which they refer.


4. The Rules have been adopted pursuant to the applicable provisions of the ICC Code and shall be interpreted in a manner that is consistent with the ICC Code. The comments annotating equivalent provisions of the World Anti-Doping Code shall (if necessary) be used to assist in the understanding and interpretation of the Rules.


5. The Rules shall come into full force and effect on 1 January 2012 (the "Effective Date"). They shall not apply retrospectively to matters pending before the Effective Date; provided, however, that:
   
   
   1. Any case pending prior to the Effective Date, or brought after the Effective Date but based on acts or omissions that occurred before the Effective Date, shall be governed by the anti-doping rules in force at the time of the anti-doping rule violation, subject to any application of the principle of lex mitior by the hearing panel determining the case.
   
   
   2. Subject always to Article 10.7.5, anti-doping rule violations committed under rules in force prior to the Effective Date shall be taken into account as prior violations for purposes of determining sanctions under Article 10.7. A prior offence involving a substance that is defined under the Rules as a Specified Substance, for which a period of Ineligibility of less than two years was imposed, shall be considered a Reduced Sanction violation for purposes of Article 10.7.1.
6. Subject to Article 18.2, the Rules are governed by and shall be construed in accordance with Indian law.