Page 15 - GUAM NOC MADC - 2021 Draft Anti-Doping Rules

4.4.2.2 GMADC shall appoint a Therapeutic Use Exemption Committee
(“TUEC”) to consider applications for the grant of TUEs in accordance
with Article 4.4.2.2 (a)-(c) below:

(a) The TUEC should consist of at least three (3) members with
experience in the care and treatment of Athletes and who have
sound knowledge of clinical, sports and exercise medicine.

(b) Before serving as a member of the TUEC, each member must
sign a conflict of interest and confidentiality declaration. The
appointed members shall not be employees of GMADC.

(c) Before considering an application, each member shall disclose
any circumstances likely to affect their impartiality with respect to
the Athlete making the application. If a member is unwilling or
unable to assess the Athlete’s TUE application, another qualified
Person shall be appointed as a member of the TUEC.

4.4.2.3 The TUEC shall promptly evaluate and decide upon the application in
accordance with the relevant provisions of the International Standard
for Therapeutic Use Exemptions and usually (i.e., unless exceptional
circumstances apply) within no more than twenty-one (21) days of
receipt of a complete application. Where the application is made in a
reasonable time prior to an Event, the TUEC must use its best
endeavors to issue its decision before the start of the Event.

4.4.2.4 The TUEC decision shall be the final decision of GMADC and may be
appealed in accordance with Article 4.4.6. GMADC TUEC decision
shall be notified in writing to the Athlete, and to WADA and other Anti-
Doping Organizations in accordance with the International Standard
for Therapeutic Use Exemptions. It shall also promptly be reported into
ADAMS.
22

4.4.3 Retroactive TUE Applications

If GMADC chooses to test an Athlete who is not an International-Level or a National-Level
Athlete, GMADC must permit that Athlete to apply for a retroactive TUE for any Prohibited
Substance or Prohibited Method that he or she is Using for therapeutic reasons.

4.4.4 TUE Recognition

22 [Comment to Article 4.4.2: In accordance with Article 5.1 of the International Standard for Therapeutic Use Exemptions,
GMADC may decline to consider advance applications for TUEs from National-Level Athletes in sports that are not prioritized
by GMADC in its test distribution planning. In that case it must permit any such Athlete who is subsequently tested to apply for
a retroactive TUE. Additionally, GMADC shall publicize such a policy on its website for the benefit of affected Athletes.

The submission of falsified documents to a TUEC or GMADC, offering or accepting a bribe to a Person to perform or fail to
perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar
intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tampering or
Attempted Tampering under Article 2.5.

An Athlete should not assume that their application for the grant of a TUE (or for renewal of a TUE) will be granted. Any Use
or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is
entirely at the Athlete’s own risk.]

2021 GUAM NOC ANTI-DOPING RULES Page 15 of 70