Page 60 - GUAM NOC MADC - 2021 Draft Anti-Doping Rules

24.7 These Anti-Doping Rules shall not apply retroactively to matters pending before the
Effective Date. However:

24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first
violations" or "second violations" for purposes of determining sanctions under
Article 10 for violations taking place after the Effective Date.

24.7.2 Any anti-doping rule violation case which is pending as of the Effective Date and
any anti-doping rule violation case brought after the Effective Date based on an
anti-doping rule violation which occurred prior to the Effective Date shall be
governed by the substantive anti-doping rules in effect at the time the alleged
anti-doping rule violation occurred, and not by the substantive anti-doping rules
set out in these Anti-Doping Rules, unless the panel hearing the case determines
the principle of “lex mitior” appropriately applies under the circumstances of the
case. For these purposes, the retrospective periods in which prior violations can
be considered for purposes of multiple violations under Article 10.9.4 and the
statute of limitations set forth in Article 16 are procedural rules, not substantive
rules, and should be applied retroactively along with all of the other procedural
rules in these Anti-Doping Rules (provided, however, that Article 16 shall only be
applied retroactively if the statute of limitations period has not already expired by
the Effective Date).

24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as
those terms are defined in the International Standard for Results Management)
prior to the Effective Date shall be carried forward and may be relied upon, prior
to expiry, in accordance with the International Standard for Results
Management, but it shall be deemed to have expired twelve (12) months after it
occurred.

24.7.4 With respect to cases where a final decision finding an anti-doping rule violation
has been rendered prior to the Effective Date, but the Athlete or other Person is
still serving the period of Ineligibility as of the Effective Date, the Athlete or other
Person may apply to GMADC or other Anti-Doping Organization which had
Results Management responsibility for the anti-doping rule violation to consider
a reduction in the period of Ineligibility in light of these Anti-Doping Rules. Such
application must be made before the period of Ineligibility has expired. The
decision rendered may be appealed pursuant to Article 13.2. These Anti-Doping
Rules shall have no application to any case where a final decision finding an
anti-doping rule violation has been rendered and the period of Ineligibility has
expired.

24.7.5 For purposes of assessing the period of Ineligibility for a second violation under
Article 10.9.1, where the sanction for the first violation was determined based on
rules in force prior to the Effective Date, the period of Ineligibility which would
have been assessed for that first violation had these Anti-Doping Rules been
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applicable, shall be applied.

24.7.6 Changes to the Prohibited List and Technical Documents relating to substances
or methods on the Prohibited List shall not, unless they specifically provide
otherwise, be applied retroactively. As an exception, however, when a Prohibited

78 [Comment to Article 24.7.5: Other than the situation described in Article 24.7.5, where a final decision finding an anti-doping
rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served,
these Anti-Doping Rules may not be used to re-characterize the prior violation.]

2021 GUAM NOC ANTI-DOPING RULES Page 60 of 70