World Anti-Doping Agency (WADA) chief Witold Banka said Thursday his organisation plans to review the USA’s Rodchenkov Anti-Doping Act to ensure it was compliance with the global watchdog’s rules.
The 2020 law, named after Russian whistleblower Grigory Rodchenkov, enables US authorities to prosecute individuals involved in international doping fraud conspiracies.
Conviction can result in fines of up to $1 million and prison sentences of up to 10 years.
The legislation however has become a bone of contention in the acrimonious feud between WADA and US authorities, with Banka telling AFP in an interview that it amounted to an “unfair” parallel anti-doping system.
“The United States cannot give themselves the right to investigate anti-doping cases in all countries in the world,” Banka told AFP.
“This case is actually very concerning.”
Banka was speaking the day after the International Olympic Committee, who are a stakeholder in WADA, had surprised many by throwing a curve ball at Salt Lake City.
Whilst Salt Lake was awarded the 2034 Winter Games, they were warned the decision could be reversed if US lawmakers and the US Anti-Doping Agency (USADA) were not brought into line.
USADA chief Travis Tygart hit back accusing the IOC of “stooping to threats.”
USADA and WADA have seldom seen eye to eye — most recently over the 23 Chinese swimmers cleared to compete in 2021 — and it appears the Rodchenkov Act will be their next battleground.
The law targets the entourages of athletes — coaches, agents, dealers, managers and sports or government officials — rather than athletes themselves, who are already subject to sanctions by WADA.
In 2023 Eric Lira a “naturopathic” therapist based in the city of El Paso, became the first individual to be convicted under the law for supplying drugs to Nigerian sprinter Blessing Okagbare in the lead-up to the Tokyo Games in 2021.
Most recently Brent Nowicki, the CEO of World Aquatics, was subpoenaed to testify as part of a US criminal investigation into the affair of the Chinese swimmers.
Banka, though, made it clear on Thursday his unease at the Rodchenkov act.
“(The Americans) cannot give themselves the right to investigate anti-doping cases in all countries in the world,” he told AFP.
“They can do that in accordance with their legislation. This is the question mark about the harmonisation of the system.
“They have to be part of the system. They cannot create a parallel anti-doping system managed by US. This is completely unfair.”
‘Mutual respect’
Banka, who has been in charge since January 2020, said if countries followed the USA’s lead and enacted similar legislation, it would lead to chaos in the global anti-doping movement.
“What if China, Russia, I don’t know, Poland, Germany create a law with the same impact, giving themselves the right to investigate anti-doping cases in all parts of the world?” he said.
“We’re going to have a mess. So this is completely unfair and it’s unacceptable.”
Banka, a former 400 metres runner who won world relay bronze in 2007, says he does not care that it is an act of law in the United States.
“Our obligation is to look at the countries where the anti-doping regulations are implemented through the national legislation,” he said.
“You know, from the past we had some non-compliance cases regarding to the national legislation in many countries.
“There is no difference for me between the countries.
“We need to protect the harmonisation of the system to really make sure that there is a level playing field for the athletes and the rules are equal for athletes from all countries in the world.”
