International Convention Against Doping in Sport

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International Convention Against Doping in Sport 110TH CONGRESS EXEC. REPT. " ! 2d Session SENATE 110–11 INTERNATIONAL CONVENTION AGAINST DOPING IN SPORT JUNE 27, 2008.—Ordered to be printed Mr. BIDEN, from the Committee on Foreign Relations, submitted the following REPORT [To accompany Treaty Doc. 110–14; EC 6772] The Committee on Foreign Relations, to which was referred the International Convention Against Doping in Sport, adopted on Oc- tober 19, 2005 (the ‘‘Convention’’) (Treaty Doc. 110–14; EC 6772), having considered the same, reports favorably thereon with one un- derstanding, one declaration, and one condition as indicated in the resolution of advice and consent, and recommends that the Senate give its advice and consent to ratification thereof, as set forth in this report and the accompanying resolution of advice and consent. CONTENTS Page I. Purpose ........................................................................................................... 1 II. Background .................................................................................................... 2 III. Summary of Convention ................................................................................ 3 IV. Entry Into Force ............................................................................................ 11 V. Implementing Legislation ............................................................................. 11 VI. Committee Action .......................................................................................... 11 VII. Committee Recommendation and Comments .............................................. 11 VIII. Text of Resolution of Advice and Consent to Ratification .......................... 13 IX. Annex I.—2008 Prohibited List and Annex I to the Convention (EC 6772) ............................................................................................................ 15 X. Annex II.—Transcript of May 22, 2008 Hearing ......................................... 25 I. PURPOSE The purpose of the Convention, as provided for in Article 1, is to ‘‘promote the prevention of and the fight against doping in sport, with a view to its elimination.’’ The Convention seeks to achieve this purpose by enhancing international cooperation in the fight against doping in sport and by building on the international com- munity’s efforts to develop common standards for equitable doping control and enforcement. The Convention will help to protect the 61–115 VerDate Aug 31 2005 13:52 Jun 27, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 H:\DOCS\ANTID.TXT sfrela2 PsN: MIKEB 2 integrity and spirit of sport by supporting efforts to ensure a fair and doping-free environment for athletes. II. BACKGROUND In 1998, a number of prohibited medical substances were found by police in a raid during the Tour de France. The scandal led to a major reappraisal of the role of public authorities in the preven- tion of doping in sport and highlighted the need for international cooperation on this issue. In February 1999, the International Olympic Committee convened a World Conference on Doping in Sport, which was attended by both sports federations and govern- ments, to determine what might be done to address the problem through international cooperation. The result was the establish- ment of an independent organization known as the World Anti- Doping Agency (WADA) in November 1999.1 The United States played a leading role in the establishment of WADA, which is headquartered in Montreal, and has long been one of its strongest supporters.2 WADA is a unique hybrid organization that is governed and funded equally by both the Olympic Movement and governments. From the beginning, the United States has served as a govern- mental representative on the WADA Foundation Board. Pursuant to an Executive Order, the Director of the Office of National Drug Control Policy (ONDCP) serves as the representative of the United States on the board.3 The organization’s basic purpose is to pro- mote harmonized, coordinated, and effective anti-doping programs at the international and national level with regard to the detection, deterrence, and prevention of doping in international sport. One of WADA’s most significant achievements has been the de- velopment of a uniform set of anti-doping rules in the World Anti- Doping Code, which was adopted by the WADA Foundation Board in March 2003. The Code provides the framework for harmonized anti-doping policies, rules, and regulations for sports federations and governments. The Code works in conjunction with four ‘‘Inter- national Standards’’ aimed at harmonizing the practice of national anti-doping organizations in several key areas: Standards for test- ing, standards for accredited laboratories that conduct testing on doping-control samples, a list of prohibited substances and meth- ods, and a list of therapeutic use exemptions. The harmonization of standards in these areas is intended to address the problems that previously arose from uneven and uncoordinated anti-doping efforts around the world. National anti-doping organizations and sports federations are ex- pected to be the main implementers of doping controls that are con- sistent with the Code, including the testing and sanctioning of ath- letes that commit anti-doping rule violations. In the United States, the United States Anti-Doping Agency (USADA), headquartered in 1 The Lausanne Declaration on Doping in Sport was adopted by the World Conference on Doping in Sport on February 4, 1999. The Declaration states that ‘‘[a]n independent Inter- national Anti-Doping Agency shall be established so as to be fully operational [by] 2000. This institution will have as its mandate, notably, to coordinate the various programmes necessary to realize the objectives that shall be defined jointly by all the parties concerned.’’ 2 WADA’s total budget in 2008 was approximately $25 million. The United States contribution in 2008 was $1.7 million. 3 The Director of ONDCP is authorized to serve as the U.S. representative on the WADA board pursuant to Executive Order 13165 (2000). VerDate Aug 31 2005 13:52 Jun 27, 2008 Jkt 000000 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 H:\DOCS\ANTID.TXT sfrela2 PsN: MIKEB 3 Colorado Springs, is the national anti-doping agency. USADA is an independent anti-doping agency for Olympic-related sport in the United States and was originally created as the result of rec- ommendations made by the United States Olympic Committee’s Se- lect Task Force on Externalization to uphold the Olympic ideal of fair play, and to represent the interests of Olympic Games, Pan American Games, and Paralympic athletes. USADA works closely with WADA to implement the Code effectively with respect to ath- letes in the U.S. Olympic Movement. WADA’s role is to monitor anti-doping activities worldwide to en- sure implementation of and compliance with the Code in coopera- tion with national anti-doping organizations, such as USADA. For example, WADA receives a certificate of analysis every time a WADA-accredited laboratory analyzes a doping-control sample col- lected from an athlete that shows the presence of a prohibited sub- stance or method. As a result, WADA is able to follow up with the relevant national anti-doping organization to ensure that it is fol- lowing the established rules and procedures set forth in the Code. In March 2003, 51 nations, including the United States, signed the Copenhagen Declaration on Anti-Doping in Sport. The Declara- tion, among other things, endorsed the Code and supported the ne- gotiation of a Convention on Doping in Sport. This was the begin- ning of the process that led to the Convention, which was nego- tiated under the auspices of the United Nations Educational, Sci- entific, and Cultural Organization (UNESCO) with significant United States Government involvement and support. The Conven- tion builds on the international community’s efforts to develop a common approach and standards for equitable doping control and enforcement by providing a common instrument that countries can join to demonstrate their commitment to the Code as the basis for national anti-doping control and policy. The Convention goes be- yond the Code and would harmonize and coordinate the activities of governments in a variety of areas that are essential to combating doping in sport, such as scientific and medical research, prevention and education, and doping-control rules regarding specific doping substances and methods. To date, 85 countries have ratified the Convention, including Australia, Canada, China, and almost every country in Europe. The Convention is not structured to secure changes to national law or regulation, but rather to secure commitments by States Par- ties to promote international collaboration, research, and edu- cation, and to support the principles of the Code and WADA’s role in implementing the Code. What follows is a discussion of several key provisions of the Convention. III. SUMMARY OF CONVENTION A. MAJOR PROVISIONS A detailed article-by-article analysis of the Convention may be found in the Letter of Submittal from the Secretary of State to the President, which is reprinted in full in Treaty Document 110–14. A summary of key provisions is set forth below. VerDate Aug 31 2005 13:52 Jun 27, 2008 Jkt 000000 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 H:\DOCS\ANTID.TXT sfrela2 PsN: MIKEB 4 Commitment to the World Anti-Doping Code and to the World Anti- Doping Agency The Convention obligates States Parties to ‘‘adopt appropriate measures’’ that are ‘‘consistent with the principles of the Code’’ and ‘‘foster
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