Article 5 - Testing and Investigations

5.1 General principles

5.1.1Testing and investigations may be undertaken for any anti-doping purpose, including, without limitation, to obtain analytical evidence as to the Player’s compliance (or non- compliance) with the ICC Code’s strict prohibition on the presence/Use of a Prohibited Substance or Prohibited Method. The ICC shall be responsible for drawing up and implementing a test distribution plan for international-level cricket in accordance with Article 4 of the International Standard for Testing and Investigations and applicable Technical Documents issued by WADA. The ICC will engage one or more third parties to conduct such Testing on its behalf. All such Testing and investigations shall be conducted in substantial conformity with the International Standard for Testing and Investigations and the Cricket Testing Protocols.
5.1.2 All Players (including Players serving a period of Ineligibility or a Provisional Suspension) must submit to Testing on behalf of the ICC upon request, at any time or place, with or without notice.

5.1.3 For the avoidance of doubt, the ICC may select Players for Target Testing so long as such Target Testing is not used for any purpose other than legitimate Doping Control purposes.

5.1.4 The ICC acknowledges the authority that the Code confers on other Anti-Doping Organisations including WADA to test Players. The ICC shall recognise such Testing and the results thereof in accordance with Article 15 of the Code.

5.1.5 The ICC may authorise independent observers to observe Testing conducted by or on behalf of the ICC.

5.2 In-Competition Testing

5.2.1Players shall be subject to Testing on behalf of the ICC at International Matches. The selection of the International Matches at which Testing is to take place shall be made by the ICC, and shall remain confidential except to those Persons with a reasonable need to know of such selection in order to facilitate such Testing.
5.2.2 A Player may be notified that he/she has been selected for Testing in connection with an International Match in which he/she is participating at any time from 23:59 local time on the day before the first day of the International Match through to the completion of such International Match and the Sample collection process related to such International Match. Such periods (and only such periods) shall be deemed “In-Competition” periods for purposes of the ICC Code, so that, by way of example only:

5.2.2.1 the entire duration of any International Match lasting more than one day will be considered to be In-Competition;
5.2.2.2 where an International Match is abandoned for any reason (including rain) irrespective of whether there has been any play whatsoever in the International Match, the period of In-Competition shall be considered to have ended at the time of abandonment as declared by the Match Officials;
5.2.2.3 where an International Match overflows into a ‘reserve’ day which has been set aside, then, for the purposes of the ICC Code, the In-Competition period shall continue until the completion of the International Match;
5.2.2.4 where a ‘reserve’ day has been set aside for an International Match, but the International Match concludes prior to the commencement of play on the ‘reserve’ day, then such ‘reserve’ day will not be considered to fall within the In-Competition period;
5.2.2.5 where any Player is not selected as a member of a starting XI or as an officially designated substitute for a particular International Match, then the duration of such International Match will not be considered to fall within the In-Competition period relevant for that Player; and

5.2.2.6 when participating in an ICC Event, a Player will only be deemed to be In-Competition during an International Match in which he/she is participating. ‘Rest’ days or other days during the ICC Event during which the Player is not participating in an International Match will not be considered to fall within the In-Competition period.

5.2.3 The actual timing of the Testing at a selected International Match, and the selection of Players to be tested at that International Match, shall be at the discretion of the ICC.

5.3 Out-of-Competition Testing

5.3.1 Ambit of Out-of-Competition Testing

5.3.1.1 Any period outside of an In-Competition period shall be deemed an “Out-of-Competition” period for purposes of the ICC Code. Any Testing of a Player outside of an In-Competition period shall therefore be considered Out-of-Competition Testing for the purposes of the ICC Code. Save in exceptional circumstances, such Testing shall be No Advance Notice Testing.

5.3.1.2 Where a Sample is collected during Out-of-Competition Testing, there shall only be an anti-doping rule violation under Article 2.1 if analysis of the Sample establishes that a substance (or its Markers or Metabolites) that is prohibited in Out-of-Competition Testing - ie a substance that is listed in the section of the Prohibited List entitled “Substances and Methods Prohibited At All Times (In- and Out-of-Competition)” - is present in the Sample, or if such analysis reveals evidence of Use of a Prohibited Method.

5.3.1.3 Subject to the requirements found in the International Standard for Testing and Investigations, a reasonable effort will be made to avoid inconvenience to a Player who is subjected to Out-of-Competition Testing. However, the ICC shall not be liable for any inconvenience or loss caused to the Player as a result of the Out-of-Competition Testing.

5.3.2 Additional Obligations on Players Included in the International Registered Testing Pool

5.3.2.1 The ICC shall establish criteria identifying Players to be included in a pool of Players to be known as the “International Registered Testing Pool”, and shall publish those criteria. From time to time, the criteria shall be reviewed to ensure they remain fit for purpose, and the membership of the International Registered Testing Pool shall be reviewed to ensure that it includes all Players meeting those criteria.

5.3.2.2 It is the personal responsibility of a Player who has been notified of his/her inclusion in the International Registered Testing Pool:

(a)to provide written notification to the ICC (or, if the ICC agrees or WADA so specifies, his/her NADO) of his/her whereabouts in the next quarter, as specified in Article 4.8.6.2 of the International Standard for Testing and Investigations;

(b) to update that whereabouts information as necessary, in accordance with Article 4.8.8.6 of the International Standard for Testing and Investigations, so that it remains accurate and complete at all times; and

(c) to be available for Testing at such whereabouts, in accordance with Article 4.8.9.1 of the International Standard for Testing and Investigations.

5.3.2.3 Subject to the Results Management procedure referenced at Article 7.4 and for the purpose of Article 2.4, a Player’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a Filing Failure (e.g. when the Player fails to make an accurate and complete whereabouts filing that enables the Player to be located for Testing at the times and locations set out in the whereabouts filing or to update that whereabouts filing where necessary to ensure that it remains accurate and complete) or Missed Test (where the Player fails to be available for Testing at his/her declared whereabouts), as defined in Annex B of the International Standard for Results Management, where the conditions set forth in Annex B are met.

5.3.2.4 The ICC may share whereabouts information provided to it by a Player pursuant to Article 5.3.2 with WADA and other Anti-Doping Organisations in accordance with Article 5.3.2 with WADAand otherAnti-Doping Organisationsthrough *ADAMS.*Whereabouts information shall be maintained in strict confidence at all times; it shall be used exclusively for the purpose of planning, co-ordinating or conducting *Doping Control,*providing information relevant to the Athlete Biological Passportor other analytical results, to support an investigations into a potential anti-doping rule violation, or to support proceedings alleging an anti-doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for the Protection of Privacy and Personal Information.

5.3.2.5 A Player who has been included in the International Registered Testing Pool must continue to comply with the whereabouts requirements of the International Standardfor Testing and Investigations unless and until either: (a)the ICCinforms him/her in writing that he/she no longer satisfies the criteria for inclusion in the International Registered Testing Pool; or (b) the Player retires in accordance with Article 1.2.2.

5.3.3 Additional Obligations on Players Included in the National Player Pool and their relevant National Cricket Federations

5.3.3.1 The ICC may, from time to time, establish further criteria identifying additional pools of Players and/or National Cricket Federations, who are not included in the International Registered Testing Pool but who may be required to file and update certain whereabouts information in accordance with such filing requirements (and subject to the potential sanctions for non-compliance) that the ICC may determine appropriate.
5.3.3.2 The ICC established such an additional pool of Players on 1 August 2010, known as the “National Player Pool” and developed a full set of requirements (known as the ‘ICC Whereabouts Requirements for Out-of-Competition Testing’), which identified the categories of Players to be identified in such a pool, described the information that needs to be filed by those Players and/or relevant National Cricket Federations and set out the consequences of failure to comply with the requirements.
5.3.3.3 With effect from 1 January 2021, the ICC also established an additional pool, known as the “National Cricket Federation Pool”. The ICC Whereabouts Requirements for Out-of-Competition Testing include detailed requirements which identify the categories of National Cricket Federations to be included in such a pool, describe the information that needs to be filed by the relevant National Cricket Federations (which includes training, match and accommodation details for national representative teams and certain top-level domestic cricket leagues) and set out the consequences of failure to comply with the requirements. That set of requirements, which may be amended by the ICC from time to time, remains in full force and effect.

5.4 Retired Players Returning to Competition

5.4.1 If a Player registered in the International Registered Testing Pool or the National Player Pool retires from cricket in accordance with Article 1.2.2 and then wishes to return to active participation in the sport, the Player shall not compete in an International Match or a national-level event until the Player has made himself or herself available for Testing by giving six months prior written notice to the ICC (in the case of his/her participation in International Matches) and his/her National Cricket Federation and NADO (in the case of his/her participation in national-level matches). WADA, in consultation with the ICC and the Player’s NADO, may grant an exemption to the six-month written notice period rule where the strict application of that rule would be unfair to the Player. WADA’s decision may be appealed pursuant to Article 13.

5.4.1.1 Any competitive results obtained in violation of Article 5.4.1 shall be Disqualified unless the Player can establish that he/she could not have reasonably known that it was an International Match or a national-level match.

5.4.2 If a Player retires from cricket while subject to a period of Ineligibility the Player must notify the Anti-Doping Organisation that imposed the period of Ineligibility in writing of such retirement. If the Player then wishes to return to active participation in cricket, the Player shall not compete in any International Matches or national-level matches until he/she has made himself or herself available for Testing by giving six months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Player retired, if that period was longer than six months) to the ICC (in the case of his/her participation in International Matches) and his/her National Cricket Federation and NADO (in the case of his/her participation in national-level matches).

5.5Athlete Biological Passport Testing

5.5.1 The ICC will designate one or more person(s) to administer and manage the ABP Programme within and on behalf of the ICC (the ‘Athlete Biological Passport Management Unit’ or ‘APMU’). The ICC will also appoint suitably qualified, independent experts to form the Expert Panel for the purposes of the ABP Programme.
5.5.2 The ICC will decide, in its sole discretion, which Players will be selected for ABP Testing. The ICC will also decide, consulting as appropriate with the Expert Panel (via the APMU), on the timing of such Testing. The ICC will also coordinate as necessary with other competent Anti-Doping Organisations carrying out ABP Testing in relation to any Player(s).
5.5.3Samples that are intended to be part of the ABP Programme will be collected, transported and analysed in accordance with the relevant International Standards, and the mandatory protocols set out in Appendices A to C of the ABP Guidelines (as they may be amended from time to time). For the avoidance of doubt, all urine and blood Samples collected under the ICC Code may be evaluated in accordance with the steroid or haematological module (as applicable) of the ABP Programme.
5.5.4 The data arising from such analysis will be processed and reviewed in accordance with theABP Guidelines to identify Atypical Biological Passport Findingsthat warrant referral to a single expert from the Expert Panel, and thereafter (if appropriate) to two further experts from the Expert Panel, for consideration in accordance with Appendix E of the ABP Guidelines.
5.5.5 Where the three experts from the Expert Panel, having reviewed the ABP Documentation Package, unanimously conclude that, subject to any explanation provided by the Player, it is highly likely that the Player Used a Prohibited Substance or Prohibited Method, and unlikely that the Adverse Biological Passport Finding is the result of any other cause, that conclusion, which should be expressed as a combined opinion and should explain the expert’s reasons for the conclusion (an ‘Adverse Biological Passport Finding’), shall be dealt with as set out in Article 7.3.