CHILE Law and Practice Contributed by: Gonzalo Bossart and Francisco Moya, Moya & Bossart
1. Athlete Conduct, Integrity and Enforcement 1.1 Anti-Doping Regimes Doping/Criminal Offence Whether doping is a criminal offence will depend pri - marily on two factors: • who uses the doping substance; and • what the substance is. Regarding the user, the regulations do not stipulate criminal penalties for athletes, but they might apply to those associated with them, namely doctors, coach - es, physical trainers, etc, in particular with regard to the possession, trafficking and supply of doping substances. As for the type of substance, generally speaking, the regulations do not criminalise use or consumption. However, under certain circumstanc - es, even athletes could face criminal consequences if they use what are known in doping regulations as “specified” substances (commonly called recreational drugs) such as marijuana, cocaine and methampheta - mine, among others. National Anti-Doping Organization Corporación Comisión Nacional de Control de Dopaje (the National Anti-Doping Commission Corporation) is the Chilean National Anti-Doping Organization ( Organ- ización Nacional Antidopaje – ONAD), the doping con - trol and anti-doping education authority in Chile. It is a signatory to the World Anti-Doping Code of the World Anti-Doping Agency (WADA) and is responsible for its implementation. In particular, it is responsible for leading, promoting and driving the application of measures for the prevention and control of the use of prohibited substances and non-regulatory methods intended to artificially increase the physical capacity of athletes or affect the results of competitions. Implementation of the World Anti-Doping Code Both the Chilean Sports Law, which regulates the creation and organisation of the National Anti-Dop - ing Commission, and the regulations governing the operation of said body, are based on the International Convention against Doping in Sport and its Annexes I and II, adopted at the 33rd Session of the General Conference of the United Nations Educational, Sci -
entific and Cultural Organization (UNESCO). Further - more, these regulations were approved by WADA prior to their promulgation. Therefore, anti-doping regula - tions in Chile strictly adhere to the World Anti-Doping Code, thus adopting international standards, a list of prohibited substances, therapeutic use permits and other relevant provisions. Enforcement of Sanctions by Sport Organisations In accordance with the Regulations Governing the Performance of Doping Controls, the National Sports Federations accept the authority and responsibility of the National Doping Control Commission in the imple - mentation and enforcement of the Anti-Doping Rules (including the conduct of tests) with respect to all individuals under the jurisdiction of the relevant inter - national federation, and will support and co-operate with the National Doping Control Commission in ful - filling this function. Furthermore, national federations undertake to recognise, abide by and enforce deci - sions made under these Anti-Doping Rules, includ - ing decisions of the Expert Doping Tribunal imposing sanctions on individuals under their jurisdiction. Emblematic Case The most recent high-profile doping case involved tennis player Nicolás Jarry. Although the sanction was handed down by the International Tennis Federation (ITF), not the local governing body, his case gener - ated considerable discussion because it resulted from cross-contamination. 1.2 Misconduct and Match-Fixing Chilean legislation does not address cheating in sports or match-fixing. 1.3 Betting-Related Offences The general rule is that gambling is prohibited under Chilean law, except with express authorisation. How - ever, despite a recent Supreme Court ruling (2025) confirming this, online betting sites have managed to circumvent national regulations, operating with impunity. Their advertising presence is conspicuous, especially in the sports market, specifically in football, where all the teams in the Chilean first division are sponsored by at least one betting site or online casino. While government sports bodies have not adopted a clear and strict policy on this matter, the government,
58 CHAMBERS.COM
Powered by FlippingBook