LEY NÚM. 21.618

HOMOLOGA LAW N° 19.712, DEPORTE, STANIES AND PROVISIONS OF THE NEW WORLD CODE

Bearing in mind that the H. National Congress has approved the following

Bill:

"Unique item. Get in, get in. Part V of the Act No. 19,712the following modifications:

1.- Hold on. article 70 by the following:

"Article 70. For the purposes of the above provisions, and pursuant to article 47 of Act No. 21.050, which provides readjustment of remuneration to the workers of the Public Sector, grants sprains that it points out, grants other benefits that it indicates, and modifies various legal bodies, the Minister of Sport, on behalf of the President of the Republic, will participate in the formation and constitution of a corporation of private law, non-profit, entitled National Commission

The National Dopaje Control Commission, in its capacity as a national anti-doping organization in Chile, will be independent in its activities and operational decisions, and its object will be the execution, evaluation and modification of the measures aimed at the implementation of the World Anti-doping Code and the international standards governing the control of doping in sport, including those related to its technical and operational areas; and the application of all other national and international anti-dopaje regulations in force.

In accordance with the stated purpose, the National Dopaje Control Commission will perform the following functions:

(a) Develop, develop, execute and adjust measures to implement international standards governing their technical and operational areas, in accordance with the anti-doping programme referred to in the Global Anti-doping Code.

(b) To disseminate information on regulatory methods and methods of control of the use of prohibited substances and pharmacological groups.

(c) Publish and disseminate the updated list of prohibitions developed by the World Anti-Dropod Agency.

(d) Establish the official sporting competencies in the country, where doping control will be required. Analysis for the detection and verification of prohibited practices should be carried out in laboratories accredited or approved by the World Anti-Dropulation Agency.

(e) To undertake or sponsor workshops, courses or seminars for professionals, specialists, technicians, athletes and leaders, both in order to update the knowledge of prohibited substances and to disseminate new methodologies for doping control.

(f) Develop, develop and implement strategies and measures for the education and prevention of sports doping in the country, in accordance with the antidoping programme referred to in the Global Antidoping Code.

The senior management of the entity shall be vested in a Higher Council consisting of five members, who shall perform their functions ad honorem and shall be appointed by non-profit associations and institutions, to carry out activities related to the knowledge of the anti-doping tasks to be performed by the Commission, in the manner determined by its statutes. The Senior Directorate shall have as its functions all those relating to the administrative and financial management of the Corporation, and may not intervene, in any respect, in the operational management of the measures aimed at the implementation of the Global Anti-doping Code and the international standards governing the control of doping in sport.

The statutes of the National Doping Control Commission shall contain at least the following provisions:

(a) Management, administration, audit bodies and their respective terms of reference.

(b) Procedure and quorum to reform their statutes, sessitize and adopt agreements.

(c) Rules on State administration.

(d) Faculty of procedures for the control of doping."

2.- Replace the article 71 the following:

"Article 71... The panel of experts in Dopaje, henceforth the Panel, an independent collegiate body, whose purpose is to know and resolve cases concerning infringements of antidoping standards and authorizations for therapeutic use, in accordance with the World Antidoping Code and international standards.

All sporting entities and natural persons subject to doping control must be subject to the competence of the Panel, in accordance with the applicable national and international standards in Chile.

The Panel will consist of a Chamber of Hearings, a Chamber of Authorizations of Therapeutic Use and a Review Room. Each of these rooms will have different integration, independent operation and incompatibility of functions among its members. ".

3.- Hold on. article 72 by the following:

"Article 72. The Chamber of Hearing shall hear and resolve complaints of violations of anti-doping standards and its decisions shall be appealed to the Review Chamber.

The Chamber of Hearings will consist of nine members, who will last four years in the exercise of their functions, and may be re-elected for a consecutive period.

The members of the Chamber of Hearing shall be appointed as follows:

(a) Four members shall be lawyers, with a minimum professional experience of three years in the field of public law, sports law or the exercise of jurisdictional function, appointed by the Bar Association with the largest number of members of the country.

(b) Three members will be doctors, with a minimum professional experience of three years, preferably in specialties related to sport and antidoping, which will be appointed by the Chilean Sports Medicine Society.

(c) Two members will be professionals in the field of chemistry and pharmacy or biochemistry, with professional experience of at least three years, appointed by the College of Pharmaceutical and Biochemical Chemicals of Chile with the largest number of members of the country.

The Chamber of Hearing shall elect from among its members lawyers a president and a secretary. The President shall be responsible for the scheduling of the hearings, the integration of the Chamber and any other function which expressly entrusts him with the operating agreement that is issued in accordance with the rules of this law.

It shall be up to the secretary to act as a minister of faith of the proceedings of the same, to receive and register all the cases that enter for the knowledge of it and any other function that expressly entrusts to it the operating agreement that is determined in accordance with the rules of this law. ".

4.- Incorporate the following articles 72 bis, 72 ter, 72 quater, 72 quinquies, 72 sexies and 72 septiesnew:

"Article 72 bis.- The Chamber of Authorizations of Therapeutic Use shall know and resolve applications for the Authorization of Therapeutic Use, henceforth AUT, in accordance with the World Anti-Dropulation Code, and the International Standard for the Authorizations of Therapeutic Use and other rules applicable to this matter that are in force in the country. The decisions of the AUT Chamber shall be appealed to the Review Chamber.

The AUT Chamber will consist of five members, who will last four years in the exercise of their positions, and may be re-elected for a consecutive period.

The members of the AUT Chamber shall be appointed as follows:

(a) Two of its members will be doctors, with professional experience of at least three years, in specialties related to sport and antidoping, which will be appointed by the Chilean Sports Medicine Society.

(b) Two of its members will be pharmaceutical or biochemical chemicals, appointed by the College of Pharmaceutical and Biochemical Chemicals of Chile with the largest number of members of the country.

(c) One of its members shall be a lawyer, appointed by the Bar Association with the largest number of members of the country.

The AUT Room will elect from among its members a president and a secretary. The President shall be responsible for the scheduling of the hearings, the integration of the Chamber and any other function which expressly entrusts him with the operating agreement that is issued in accordance with the rules of this law.

It shall be up to the secretary to act as a minister of faith of the proceedings of the same, to receive and register all applications that enter for the knowledge of it and any other function which expressly entrusts to it the operating agreement that is determined in accordance with the rules of this law.

Article 72 ter.- The Review Chamber shall know and resolve the resources impeached against decisions and other resolutions issued by the Chamber of Hearing and the AUT Chamber, in accordance with the rules of procedure set out in the operating agreement of the Panel of Experts on Dopaje.

The Review Chamber shall consist of five members, who shall last four years in the exercise of their posts, and may be re-elected for a consecutive period.

The members of the Review Chamber shall be appointed as follows:

(a) Three members shall be lawyers, with a minimum professional experience of three years, in the field of public law, sports law or exercise of the jurisdictional function, which shall be appointed by the Bar Association with the largest number of members of the country.

(b) A member will be a doctor, with a minimum professional experience of three years, preferably in specialties related to sport and antidoping, designated by the Chilean Sports Medicine Society.

(c) A member shall be a pharmaceutical or biochemical chemical, designated by the College of Pharmaceutical and Biochemical Chemicals of Chile with the largest number of members of the country.

The Review Chamber shall elect from among its members lawyers a president and a secretary. The President shall be responsible for the scheduling of the hearings, the integration of the Chamber and any other function which expressly entrusts him with the operating agreement that is issued in accordance with the rules of this law.

It shall be up to the secretary to act as a minister of faith of the proceedings of the same, to receive and register all the cases that enter for the knowledge of it and any other function that expressly entrusts to it the operating agreement that is determined in accordance with the rules of this law.

The position of president of the Panel will be the lawyer who has been elected in the office of president of the Review Chamber.

Article 72 quater.- The president of the panel shall be exclusively responsible:

(a) Representation of the Panel to other public and private, national and international entities.

(b) Communication and coordination in all matters related to the administration and financing of the Panel.

(c) Communication with the National Doping Control Commission on matters necessary for the exercise of the jurisdictional function of the Panel.

(d) Any other matter entrusted to it by the operating agreement of the Panel, necessary for the best exercise of its functions.

Article 72 quinquies.- The performance of the work of the Panel members will be compatible with professional work and academic work.

Without prejudice to the above, the membership of the Panel shall be incompatible with:

(a) Popular election charges. This incompatibility will govern from the registration of the nominations, as long as the office is held, and until six months after the date of the respective election or cessation of office, as appropriate.

(b) The positions of any kind in the National Dopaje Control Commission or any sports organization, professional sports organization, sport federation, national sports federation, international sports federation, organization responsible for major events, Chile Olympic Committee, Chile Paralympic Committee or State Administration organ with sports functions.

The members of the Dopaje Expert Panel shall not be staffed by the State Administration. However, the standards on probity contained in Act No. 18.575, a constitutional organ of State Administration General Bases, whose consolidated, coordinated and systematized text was established by Decree No. 1-19.653, promulgated in 2000 and published in 2001, of the Ministry General Secretariat of the Presidency, and those provided for in Title V of the Second Book of the Criminal Code on offences committed by public employees.

Article 72 sexies.- The members of the Panel shall be disqualified from the matters referred to their knowledge in the event that they personally incur any of the grounds of abstention provided for in article 12 of Act No. 19,880, which lays the basis for the administrative procedures governing the acts of the organs of the State Administration, communicating it immediately to the parties through the secretary of the Chamber. Without prejudice to this, the parties may request the disqualification directly to the Panel, which will resolve in accordance with the international standards applicable to the case.

The Panel members shall cease their functions for the following reasons:

(a) Term of the legal period of appointment.

(b) Voluntary resignation.

(c) Destitution for notable abandonment of duties.

(d) Overcoming inability.

It is understood that it prevents the member from exercising office for a period of three consecutive months or six months in one year.

(e) Not complying with the provisions of paragraph 1 of this article.

The declaration of the occurrence of the cases provided for in subparagraphs (c), (d) and (e) above shall be processed in accordance with the summary procedure set out in Title XI of Book III of the Code of Civil Procedure. This procedure will be within the competence of the court of letters in the civil of the commune of Santiago.

The decision to give effect to the dismissal must indicate the facts on which it is founded and the background of the proceedings to prove them.

If the time remaining exceeds one hundred and eighty days, the appointment of the replacement shall be made in accordance with the rules contained in this Act. In the case of the preceding letters (b), (c) and (d), the replacement shall last the time remaining from the respective period.

The material, technical and human resources necessary for the operation of the Doping Expert Panel shall be provided by the Undersecretariat for Sport, from the annual budget of the Service.

Article 72 septies.- The Review Chamber shall be responsible for the preparation and approval of a functioning agreement that shall establish procedures, forms of hearings, appearances, deadlines, integrations of the chambers, hearing quorums, remedies against decisions of the rooms and any other necessary matter, as provided for in the Global Anti-Douping Code. ".

Transitory Articles

Having complied with the provisions of article 93, paragraph 1, of the Constitution of the Republic, and since I have had the right to adopt and punish it, therefore, to promute and take effect as the Law of the Republic.

Santiago, October 4, 2023.- GABRIEL BORIC FONT, President of the Republic.- Jaime Pizarro Herrera, Minister of Sport.

What I am transcribing to you for your knowledge. Attentively, Antonia Illanes Riquelme, Undersecretary of Sport.

Constitutional Court

Draft Law that standardizes Act No. 19,712 of Sport to the standards and provisions of the new Global Code of Antidoping, corresponding to Bulletin No. 16.005-37

The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill set out in the item, approved by the National Congress, in order that this Court exercise the control of constitutionality in respect of the third paragraph of article 72 sexies contained in number 4 of the single article of the bill; and by judgement of 26 September 2023, in Rol No. 14,702-23-CPR.

It states:

1. That the phrase "This procedure shall be within the competence of the Courts of Letters in the Civil Law of the Commune of Santiago" of the third paragraph of article 72 sexies contained in the number 4 of the single article of the bill under review is in accordance with the Political Constitution.

2. That no ruling is issued, in preventive review of constitutionality, of the rest of the legal provision of the draft law consulted, not regulating matters reserved for the Constitutional Organic Law.

Santiago, September 27, 2023.- María Angélica Barriga Meza, Secretary Constitutional Court.