International TUE processes
TUE matters concerning international-level athletes and athletes participating in international sporting events are handled by International Federations. Regardless of age or national level, athletes who are included in registered testing pools of their respective International Federations or who participate in international sporting events under their respective International Federations must apply for TUEs in advance according to the International Standard for Therapeutic Use Exemptions and the rules of the International Federation. Therapeutic Use Exemptions granted by FINCIS apply only to national-level athletes and national-level competitions in Finland and are not automatically valid in international competitions unless recognised by the International Federation in question.
The athlete should determine the details of the TUE process with his or her National or International Federation well before a TUE is needed. International Federations often have TUE application forms of their own, which are to be filled out in English and accompanied by the necessary medical documents translated in English.
The International Federation notifies promptly both the athlete and his or her National Antidoping Organisation (in Finland FINCIS) of a TUE decision it has made. If FINCIS considers that the TUE does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has 21 days from such notification to refer the matter to WADA for review. Otherwise, the TUE granted by the International Federation becomes valid for national-level competitions as well.
Recognition by International Federations of TUEs granted by FINCIS
If an athlete who has been competing only at national level and who has been granted a TUE by FINCIS reaches the international level or intends to participate in international competitions, he or she must seek recognition for the TUE from his or her International Federation.
The athlete must determine if the International Federation automatically recognises the TUE granted by FINCIS or if the IF requires that the TUE (with accompanying application form and attachments translated in English) must be first submitted to it for evaluation.
If the TUE granted by FINCIS meets the criteria set out in the International Standard for Therapeutic Use Exemptions, the International Federation shall recognise it for international-level competitions as well. If, on the other hand, the International Federation considers that the criteria are not met and, therefore, refuses to recognise the TUE, it must promptly notify both the athlete and FINCIS and explain the reason for the refusal.
The athlete and/or FINCIS have then 21 days from such notification to refer the matter to WADA for review. In such case the TUE remains valid for national-level competitions and out-of-competition testing pending WADA's decision. If the matter is not referred to WADA for review before the review deadline expires, the TUE becomes invalid also on national level as well as it is for international competitions.
Appealing a TUE granted by International Federation
A TUE decision denying the grant of a TUE by an International Federation may be appealed by the athlete by referring the decision to WADA for review and/or by appealing to the Court of Arbitration for Sport (CAS).