Article 6 - Analysis of samples

Samples collected under the ICC Code shall be analysed in accordance with the following principles:

6.1 Use of Accredited and Approved Laboratories

6.1.1 For purposes of Article 2.1, Samples shall be sent for analysis only to WADA-accredited laboratories or laboratories otherwise approved by WADA. The choice of the WADA-accredited or WADA-approved laboratory used for the Sample analysis shall be determined exclusively by the ICC.

6.1.2
As provided in Article 3.2, facts related to anti-doping rule violations may be established by any reliable means. This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA-accredited or approved laboratories.

6.2 Purpose of Analysis of Samples and data

Samples and related analytical data or Doping Control information shall be analysed: (a) 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 Code; and/or (b) to assist the ICC in profiling relevant parameters in a Player’s urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes.

6.3 Restrictions on Use of Samples

6.3.1 All Samples and related analytical data or Doping Control information provided by a Player for the purposes of Testing under the ICC Code shall be the property of the ICC, and the ICC shall be entitled to determine all matters regarding the analysis and disposal of such Samples at all times in accordance with the Code and International Standards.

6.3.2
No Sample or related analytical data or Doping Control information may be used for anti-doping research without the Player’s written consent. Samples and related analytical data or Doping Control information used (with the Player’s consent) for research shall have any means of identification removed so that it cannot be traced back to the Player that provided it. Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code.

6.4 Standards for Sample Analysis and Reporting

6.4.1 Laboratories shall analyse Samples and report results to the ICC in conformity with the WADA Code, the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigation.

Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by the ICC, where it initiated and directed Sample collection. Results from any such analysis shall be reported to the ICC and have the same validity and Consequences as any other analytical result.

6.4.2
The ICC shall pay the costs of collection and analysis of Samples under the ICC Code.

6.4.3 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.

6.5 Further Analysis of Samples

6.5.1 There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time that the ICC notifies a Player that the Sample is the basis for an Article 2.1 anti-doping rule violation charge. If, after such notification, the ICC wishes to conduct additional analysis on that Sample, it may do so with the consent of the Player or the Anti-Doping Tribunal.

6.5.2
After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti-doping rule violation charge, it may be stored and subjected to further analyses for the purposes described in Article 6.2 at any time exclusively at the direction of the ICC or WADA. Any other Anti-Doping Organization with authority to test the Player that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA, and shall be responsible for any follow-up Results Management. (Any Sample storage or further analyses initiated by WADA shall be at WADA’s expense.) Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.

6.6 Split of A or B Sample

Where the ICC, WADA, an Anti-Doping Organization with Results Management authority, and/or a WADA-accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.

6.7 WADA’s Right to Take Possession of Samples and Data

WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization. Upon request by WADA, the laboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data. If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. After analysis and any investigation of a seized Sample or data, WADA may direct another Anti-Doping Organization with authority to test the Player to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violation is discovered.