4.1 The Prohibited List

4.1.1 Prohibited Substances and Prohibited Methods

4.1.1.1 The ICC Code incorporates and is based upon the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code2.

4.1.1.2 WADA may amend the Prohibited List as set out in Article 4.1 of the Code. Unless provided otherwise by WADA, the Prohibited List and any revisions to it shall come into effect under the ICC Code automatically three months after publication of such amendments by WADA on its website, without requiring any further action by the ICC. It is the responsibility of each Player and Player Support Person to be familiar with the most current version of the Prohibited List.

4.1.1.3 As described in Article 4.2.1 of the Code, WADA may expand the Prohibited List for the sport of cricket and/or the ICC may request that WADA include additional substances or methods, that have the potential for abuse in the sport of cricket, in the monitoring program described in Article 4.5 of the Code.

2 A link to which can be found at Appendix 2.

4.1.2 Specified Substances or Specified Methods

For purposes of the application of Article 10 of the Code and of the ICC Code, all Prohibited Substances shall be considered “Specified Substances” except as identified in the Prohibited List. No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List.

4.1.3 Substances of Abuse

For the purposes of the application of Article 10 of the Code and of the ICC Code, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.

4.2 WADA’s Determination of the Prohibited List

WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-competition only, the classification of a substance or method as a Specified Substance, Specified Method or Substance of Abuse is final and shall not be subject to any challenge by a Player or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.

4.3 Therapeutic Use Exemptions

4.3.1 Players may be granted permission to Use one or more Prohibited Substances or Prohibited Methods for therapeutic reasons in the circumstances set out in International Standard for Therapeutic Use Exemptions. Players who are not International-Level Players shall apply to their NADO for a TUE. If the NADO denies the application, the Player may appeal exclusively to the national level appeal body set out in the NADO’s rules. 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 a Prohibited Substance or Prohibited Method (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 provided that such presence, Use or Attempted Use, Possession, or Administration or Attempted Administration is consistent with the provisions of a TUE granted to the Player in accordance with the International Standard for TUEs.

4.3.2 Subject to Article 4.3.3 below, all Players needing to Use, Possess or Administer one or more Prohibited Substances or Prohibited Methods for therapeutic reasons must obtain a TUE prior to such Use.

4.3.3 In certain exceptional circumstances as set out in Articles 4.1 and 4.3 of the International Standard for TUEs, a Player may apply retroactively for the grant of a TUE.

4.3.4 Any Player requiring a TUE under this ICC Code must do the following:

4.3.4.1 He/she must apply to the ICC’s TUE Committee in accordance with Article 4.3.5 for recognition of a TUE that he/she has obtained from his/her NADO; or

4.3.4.1 If the Player does not already have a TUE granted by his/her NADO, he/she shall apply to the ICC’s TUE Committee in accordance with Article 4.3.6 for the grant of a TUE.

4.3.5 Applying to ICC’s TUE Committee for recognition of a TUE granted by a NADO:

4.3.5.1 A Player who holds a valid TUE granted by his/her NADO shall apply to the ICC for recognition of the TUE. The request should be sent to the Anti-Doping Manager together with: (a) a copy of the TUE certificate issued to him/her by his/her NADO; and (b) a copy of the application (including supporting medical documentation, if any) that he/she submitted to that NADO to get that TUE. The Player must also provide such further information as the ICC’s TUE Committee may subsequently request.

4.3.5.2 Provided strictly that all of the information described in Article 4.3.5.1 has been submitted and such TUE has been reported in accordance with Article 5.5 of the International Standard for TUEs, and the ICC’s TUE Committee agrees that the TUE granted to the Player meets the criteria set out in Article 4.2 of the International Standard for TUEs, where the TUE has been granted by a NADO with the necessary authority over the Player, that TUE will be recognized by the ICC’s TUE Committee for the purposes of international-level Competition. The Anti-Doping Manager will promptly provide the Player with notice of such recognition.

4.3.5.3 Unless and until such recognition by the ICC’s TUE Committee (automatic or otherwise) is communicated to the Player in writing, he/she uses the Prohibited Substance or Prohibited Method in issue entirely at his/her own risk.

4.3.5.4 If the ICC’s TUE Committee considers that the TUE does not meet the criteria set out in Article 4.2 of the International Standard for TUEs and so refuses to recognize it, the ICC will notify the Player and his/her NADO promptly, with reasons. The Player and NADO shall have 21 days from such notification to refer the matter to WADA for review pursuant to Article 4.3.7 below. If the matter is referred to WADA for review, the TUE granted by the NADO remains valid for national-level Competition and Out of Competition Testing (but is not valid for international-level Competition) pending WADA’s decision. If the matter is not referred to WADA for review, the Player’s NADO must determine whether the original TUE granted by that NADO should nevertheless remain valid for national-level Competition and Out of Competition Testing (provided that the Player ceases to be an International-Level Player and does not participate in international-level Competition). Pending the NADO’s decision, the TUE remains valid for national-level Competition and Out of Competition Testing (but is not valid for international-level Competition). For the avoidance of doubt, if the ICC’s TUE Committee declines to recognize a TUE granted by a NADO only because medical records or other information is missing that are needed to demonstrate satisfaction with criteria in the International Standard for TUEs, the matter should not be referred to WADA. Instead, the file should be completed by the Player (referred back to his/her NADO as necessary) and resubmitted to the ICC’s TUE Committee.

4.3.6 Applying to the ICC’s TUE Committee for a TUE:

4.3.6.1 A Player who needs to Use a Prohibited Substance or Prohibited Method and does not hold a TUE granted by his/her NADO to permit that Use must apply (using the ICC’s Therapeutic Use Exemption (TUE) Application Form) to the ICC’s TUE Committee (c/o the Anti-Doping Manager) for a TUE in accordance with the procedure set out in Article 6 of the International Standard for TUEs.

4.3.6.2 The application must be accompanied by all of the information specified in Article 6 of the International Standard for TUEs, and the ICC’s TUE Committee may require that further information be provided as necessary.

4.3.6.3 Since Players are subject to Out-of-Competition Testing requirements 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 he/she needs the approval (for instance before his/her participation in an International Match).

4.3.6.4 The ICC’s TUE Committee shall evaluate the application in accordance with the criteria set out in Article 4 of the International Standard for TUEs.

4.3.6.5 The application will be processed as quickly as is reasonably practicable and usually, unless exceptional circumstances apply, within no more than twenty-one (21) days of receipt of a completed application, but a Player 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 Player who Uses a Prohibited Substance or Prohibited Method prior to approval of his/her application for a TUE does so entirely at his/her own risk.

4.3.6.6 The Anti-Doping Manager will promptly communicate the decision of the TUE Committee to the Player, with a copy to WADA and the Player’s National Cricket Federation and NADO, as soon as is reasonably practicable after it is made and it shall promptly be reported in ADAMS. If the application is granted, then the TUE will become effective as of the date that the Player receives notice of such grant. If the application is denied, the ICC will notify the Player promptly with reasons and the Player may apply to WADA to review that denial in accordance with Article 4.3.9 and/or may appeal that denial in accordance with Article 13. If the NADO considers that the TUE does not meet the criteria set out in the International Standard for TUEs, it has 21 days from such notification to refer the matter to WADA for review in accordance with Article 4.3.9. If the NADO refers the matter to WADA for review, the TUE granted by the ICC remains valid for international-level competition and Out-of-Competition Testing (but is not valid for national-level competition) pending WADA’s decision. If the NADO does not refer the matter to WADA for review, the TUE granted by the ICC becomes valid for national-level competition as well when the 21-day review deadline expires.

4.3.7 Retroactive TUE Applications

If the ICC chooses to collect a Sample from a Player who is not an International-Level Player or a National-Level Player, and that Player is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, the ICC must permit that Player to apply for a retroactive TUE.

      4.3.8 Expiration, Withdrawal or Reversal of a TUE

4.3.8.1 A TUE will be granted with effect for a specified period. It shall specify the dosage(s), frequency, route and duration of Administration of the Prohibited Substance or Prohibited Method in question that the ICC’s TUE Committee is permitting, reflecting the clinical circumstances. It may also be granted subject to such conditions or restrictions as the ICC’s TUE Committee may see fit. A Player who wishes to continue to Use the Prohibited Substance or Prohibited Method in question beyond the period for which the TUE has been granted must make a new application for a further TUE in accordance with the provisions of this Article 4.3 and the International Standard for TUEs. Any Player who wishes to have any conditions or restrictions imposed by the ICC’s TUE Committee varied must apply to WADA in accordance with Article 4.3.9.

4.3.8.2 A TUE granted pursuant to the ICC Code: (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) will be withdrawn if the Player does not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; (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; or (d) may be reversed on review by WADA or on appeal.

4.3.8.3 In such event, the Player shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal, or reversal of the TUE. The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, reported shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti-doping rule violation shall be asserted.

      4.3.9 Review of TUEs by WADA:

4.3.9.1 WADA shall review any decision by the ICC’s TUE Committee not to recognise a TUE granted by a NADO that is referred to WADA by the Player or the Player’s NADO. In addition, WADA shall review any decision by the ICC’s TUE Committee to grant a TUE that is referred to WADA by the Player’s NADO. WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. If the TUE decision being reviewed meets the criteria set out in the International Standard for TUEs, WADA will not interfere with it. If the TUE decision does not meet these criteria, WADA will reverse that decision.

4.3.9.2 If WADA reverses the grant of a TUE, that reversal shall not apply retroactively, but rather only from the point that the Player receives notice of the reversal. Therefore, the Player shall not be subject to any Consequences based on his/her Use of the Prohibited Substance or Prohibited Method in question during the period from the date that the TUE came into effect until the date that the Player receives notice of WADA’s reversal of the grant of the TUE.

4.3.9.3 Any TUE decision by the ICC that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Player and/or the Player’s NADO exclusively to CAS.

4.3.9.4 A decision by WADA to reverse a TUE decision may be appealed by the Player, the NADO and/or the ICC exclusively to CAS.

4.3.9.5 A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicant’s right of review/appeal.