WADA - WADA Codes of Ethics (2024)
Detalles
- Título
- WADA - WADA Codes of Ethics (2024)
- Autor
- Agencia Mundial Antidopaje
- Categoría
- Infralegal
- Área del derecho
- Deporte
- Año
- 2024
Version 3.0 World Anti-Doping Agency WADA Code of Ethics Adopted by the Foundation Board in Paris (France) on 25 November 2021 and revised by the Foundation Board in Montreal (Canada) on 17 November 2023 and in Riyadh (Kingdom of Saudi Arabia) on 5 December 2024Page 2/19 WADA Code of Ethics – 5 December 2024 Table of contents
1. General Principles 3 1.1 Introduction 3 1.2 Relationship with other laws and regulations 3
2. Scope of Application 3
3. Fundamental Principles 4 3.1 General duties 4 3.2 Due care and diligence 5 3.3 Conflict of interest 5 3.4 Integrity 5 3.5 Confidentiality 6 3.6 Good governance and resources 6 3.7 Conduct during meetings 6 3.8 Duty to report 6 3.9 Duty to cooperate 7 3.10 Attempt, instigation, complicity, and collusion 7
4. Implementation 7 4.1 General provisions 7 4.2 Corporate bodies 7 4.3 Confidentiality 8 4.4 Exemption from liability 8
5. Sanctions and Measures 8
6. Provisional Measure 9
7. Amendments to the WADA Code of Ethics 9
8. Entry into Effect 10
9. Governing Law and Arbitration 10
Annex A (Regulations of the WADA Independent Ethics Board and Rules of Procedure) 11Page 3/19 WADA Code of Ethics – 5 December 2024
1. General Principles 1.1 Introduction WADA’s mission is to lead a collaborative worldwide movement for doping-free sport.
The core ethical values defended by WADA include:
− integrity: observing the highest ethical standards and avoiding improper influences and conflicts of
1. General Principles 1.1 Introduction WADA’s mission is to lead a collaborative worldwide movement for doping-free sport.
The core ethical values defended by WADA include:
− integrity: observing the highest ethical standards and avoiding improper influences and conflicts of interest that may undermine WADA’s independent and unbiased judgment;
− openness: being trustworthy, respectful, impartial, objective, balanced, transparent and open to listening to the voice of others.
This Code of Ethics (the “WADA Code of Ethics”) is adopted by the WADA Foundation Board (the “Foundation Board”) pursuant to the WADA Statutes.
Its purpose is to establish clear ethical standards over the activities of WADA’s Officials (as such term is defined hereafter in Section 2) in order to permit WADA to achieve its mission and protect its core values. WADA and all its Officials undertake to disseminate a culture of ethics, loyalty, and integrity within their respective areas of competence.
By adopting the WADA Code of Ethics, the Foundation Board recognizes the importance of setting the highest ethical standards in the governance and administration of WADA.
1.2 Relationship with other laws and regulations
Conduct prohibited under this WADA Code of Ethics may amount to a criminal offence and/or a breach of laws in national jurisdictions. It is not intended to replace such laws and regulations, but to supplement them with further rules of professional conduct for the Officials involved in WADA.
The WADA Code of Ethics shall not replace, affect, or alter WADA’s ability to take any action under the terms of any employment or consultancy contract with Officials who are bound to WADA by any such employment or consultancy contract. Where conduct prohibited under the WADA Code of Ethics also amounts to a breach of the terms of an employment or consultancy agreement with WADA, WADA shall be entitled, at its absolute discretion, to elect only to take action against such Official pursuant to the applicable employment or consultancy contract, and there shall be no requirement on WADA to have first commenced, or to
the terms of an employment or consultancy agreement with WADA, WADA shall be entitled, at its absolute discretion, to elect only to take action against such Official pursuant to the applicable employment or consultancy contract, and there shall be no requirement on WADA to have first commenced, or to subsequently institute, any action under the WADA Code of Ethics.
The provisions of the WADA Code of Ethics are without prejudice to the application of the rules and sanctions of other codes of ethics.
2. Scope of Application The following individuals (the “Officials” and, each, an “Official”) are subject to the WADA Code of Ethics and are deemed to have agreed to submit to the jurisdiction of the Ethics Officer, the Independent Ethics Board
(and its Panels) and the Court of Arbitration for Sport (the “CAS”) for any matter in relation to its enforcement,Page 4/19 WADA Code of Ethics – 5 December 2024 and not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission (subject to the limitation under Sections 1.2 and 2 par. 2 [members of WADA Staff]):
− Each person serving as member of the Foundation Board, including the Founding President and deputies;
− Each person serving as a member of the WADA Executive Committee (the “Executive Committee”), including deputies;
− Each person serving as members of Permanent Special Committees, Standing Committees, Ad hoc Committees or any other Committees, Expert Advisory Groups or Working Groups established by and/or within WADA, including any deputy or substitute;
− Each person engaged as an agent, consultant, or contractor for WADA;
− Each person employed (whether full-time, part-time, permanently or for a fixed term), including the Director General and WADA Management (collectively, “WADA Staff”);
− Any other person who agrees to be bound by the WADA Code of Ethics.
Sections 4 (Implementation), 5 (Sanctions and Measures), 6 (Provisional Measure), 9 paragraph 2 (Arbitration)
Director General and WADA Management (collectively, “WADA Staff”);
− Any other person who agrees to be bound by the WADA Code of Ethics.
Sections 4 (Implementation), 5 (Sanctions and Measures), 6 (Provisional Measure), 9 paragraph 2 (Arbitration) and Annex A (Regulations of the WADA Independent Ethics Board and Rules of Procedure) of the WADA Code of Ethics shall not apply to members of WADA Staff. Proceedings following an alleged breach of the WADA Code of Ethics by a member of WADA Staff shall be conducted under the applicable disciplinary rules and in accordance with applicable labour law and WADA policies.
The Officials shall comply with the WADA Code of Ethics whenever they are acting in their capacity as WADA Officials and whenever they are acting in another capacity at any other time where their conduct at such time could otherwise undermine the interests of WADA.
Officials may be required by the Chairman/Chairwoman of the Independent Ethics Board to execute a written undertaking to comply with the WADA Code of Ethics. Failure to execute such written undertaking does not exempt an Official from being subject to the WADA Code of Ethics.
The Officials shall cease to be bound by the WADA Code of Ethics as of the date they cease to perform the role and/or to conduct the activities that originally qualified them as an Official, save that they will remain subject to the WADA Code of Ethics and to the decisions of the Ethics Officer, the Independent Ethics Board (and its Panel), the Executive Committee and to the jurisdiction of the CAS hereunder in respect of matters occurring prior to that date.
3. Fundamental Principles 3.1 General duties Each Official must comply with all applicable laws and regulations, as well as respect the WADA ethical principles. Each Official must conduct himself/herself honestly, fairly, and impartially, and must act inPage 5/19 WADA Code of Ethics – 5 December 2024
accordance with the principles of integrity and transparency; when taking decisions, each Official must act in
principles. Each Official must conduct himself/herself honestly, fairly, and impartially, and must act inPage 5/19 WADA Code of Ethics – 5 December 2024
accordance with the principles of integrity and transparency; when taking decisions, each Official must act in particular with impartiality, objectivity, and independence.
Each Official must, in particular: − Demonstrate the highest standards of integrity and act in good faith, with intellectual honesty and fairness;
− Act with impartiality;
− Avoid bias, prejudice, conflict of interest or undue influence in performance of their duties;
− Respect human dignity;
− Reject and refrain from unjustified discrimination or favoritism of any kind;
− Reject and refrain from all forms of harassment, bullying and abuse, be it verbal, physical, professional, or sexual, and any physical or mental injuries;
− If involved in any aspect of doping control, refrain from any direct or intentional misconduct as a Person (as defined in the World Anti-Doping Code);
− Refrain from any behavior which would bring, or risk bringing WADA into disrepute;
− Comply with the specific requirements of the WADA Code of Ethics;
− Refrain from retaliation against anyone for pursuing their legitimate rights, including making any report authorized under the WADA Code of Ethics.
3.2 Due care and diligence
The Officials must use due care and diligence in fulfilling their mission and activities. They must avoid any conduct or action that is inconsistent with the WADA Code of Ethics.
3.3 Conflict of interest
Each Official must comply with the conflict of interest rules referred to in the WADA Governance Regulations adopted by the Foundation Board.
3.4 Integrity
The Officials must act with the highest degree of integrity, impartiality, independence, and professionalism.
They must refrain from any fraudulent activities or corruption.
In particular, the Officials must not offer, or accept, any bribe, payment, commission, gift or other inducement
3.4 Integrity
The Officials must act with the highest degree of integrity, impartiality, independence, and professionalism.
They must refrain from any fraudulent activities or corruption.
In particular, the Officials must not offer, or accept, any bribe, payment, commission, gift or other inducement or undue incentive (whether monetary or otherwise) in order to unduly influence any action, conduct, omission, or decision in connection with any matter relating to, or involving, WADA.Page 6/19 WADA Code of Ethics – 5 December 2024
Only tokens of consideration or friendship of nominal value, in accordance with prevailing local customs, may be given or accepted by the Officials (in addition to their normal compensation). Such tokens may not lead to the impartiality and integrity of the Officials and WADA being called into question.
3.5 Confidentiality
Each Official must keep confidential any information disclosed to them as a result of their activities for WADA, in compliance with the rules on confidentiality referred to in the WADA Governance Regulations, as in force at the time.
Any reporting to the WADA Ethics Officer, the Independent Ethics Board or law enforcement and regulatory authorities shall not constitute a violation of this confidentiality obligation.
3.6 Good governance and resources
The principles of good governance as contained in the WADA Governance Regulations must be respected by WADA and all the Officials, in particular transparency, responsibility and accountability.
Each Official must use the resources of WADA only for the authorized purpose as explicitly determined and decided by WADA or its representative.
3.7 Conduct during meetings
The Officials shall comply with the spirit of WADA meetings and events which is to serve as an effective forum to consider and debate relevant anti-doping viewpoints in an orderly, respectful, and fair manner.
The Officials shall behave appropriately at any WADA meeting and/or event. They shall treat all participants with utmost mutual respect and consideration, valuing dialogue, a diversity of views and opinions (including those they do not share). They shall communicate openly, and with respect for the participants. They may
The Officials shall behave appropriately at any WADA meeting and/or event. They shall treat all participants with utmost mutual respect and consideration, valuing dialogue, a diversity of views and opinions (including those they do not share). They shall communicate openly, and with respect for the participants. They may criticize the opinion of others but not the individuals themselves. They shall refrain from demeaning, discriminatory, or harassing behavior and speech directed toward other participants.
The Chair of any WADA meeting and/or event shall ensure at all times that these principles are respected and that meetings and events are run accordingly. If necessary, the Chair of a WADA meeting or event may decide to suspend the meeting, dismiss an Official from the meeting and report the matter to the Ethics Officer.
3.8 Duty to report
Each Official must report immediately to the Ethics Officer:
− any approach or invitation received by such Official to engage in any conduct that might amount to a breach of the WADA Code of Ethics;
− any information that may constitute a potential breach of the WADA Code of Ethics.
The report must be made in good faith and in compliance with the general duties of Section 3.1 and must not be made for personal gain or with malicious intent.Page 7/19 WADA Code of Ethics – 5 December 2024
Notwithstanding the above, this duty to report is considered fulfilled for a member of WADA Staff if the report is made through other existing means in accordance with WADA policies and applicable law. Such means include the filing of a complaint with the WADA Staff Ombudsperson in accordance with the internal WADA Policy to Prevent Harassment, Promote Civility and an Ethical Work Environment (as amended from time to time by WADA).
3.9 Duty to cooperate
Each Official undertakes to cooperate fully, trustingly and in good faith with all investigations carried out by the Ethics Officer and the Independent Ethics Board in connection with a possible breach (by such Official or others) of the WADA Code of Ethics. The duty to cooperate includes the provision of information and
Each Official undertakes to cooperate fully, trustingly and in good faith with all investigations carried out by the Ethics Officer and the Independent Ethics Board in connection with a possible breach (by such Official or others) of the WADA Code of Ethics. The duty to cooperate includes the provision of information and documentation (whether physical or electronic), the provision of any WADA mobile device (including laptops and mobile phones) subject to the limitations imposed by applicable data privacy laws, the response by the Official to questions asked by the Ethics Officer and the consent of the Official to third parties providing information if requested by the Ethics Officer.
Each Official shall refrain from any act or omission that could have the effect of obstructing, preventing, delaying, or interfering with or frustrating the investigation, including interfering with potential witnesses.
3.10 Attempt, instigation, complicity, and collusion
Any agreement or attempt to commit any act, action, or conduct that would, if completed, have amounted to a breach of the WADA Code of Ethics, shall be treated as if it had been completed and resulted in such a breach.
Any Official who authorizes, causes, knowingly assists, encourages, covers up or is otherwise in complicity/collusion with any breach of the WADA Code of Ethics shall be treated as having committed such breach.
If the Official voluntarily refrains the attempt, instigation, complicity, or collusion prior to it being known by a third party and provided that such Official has duly and fully informed the Ethics Officer thereof, such Official shall not be treated as having committed such breach of the WADA Code of Ethics.
4. Implementation
4.1 General provisions The rules set out herein apply to all cases of possible breaches of the WADA Code of Ethics.
The working languages are French and English. An official translation into one of these two working languages must be made of any document written in another language, unless decided otherwise by the Ethics Officer or the Independent Ethics Board.
4.2 Corporate bodies The corporate bodies in charge of implementing the WADA Code of Ethics are:
must be made of any document written in another language, unless decided otherwise by the Ethics Officer or the Independent Ethics Board.
4.2 Corporate bodies The corporate bodies in charge of implementing the WADA Code of Ethics are:
− the Independent Ethics Board, andPage 8/19 WADA Code of Ethics – 5 December 2024
− the Ethics Officer.
The Regulations of the Independent Ethics Board (including the Ethics Officer) and the Rules of procedure are attached hereto as Annex A.
4.3 Confidentiality
Proceedings opened under the WADA Code of Ethics are confidential and all parties concerned undertake not to disclose to any third party any fact or information relating to the proceedings, except for communication to law enforcement and regulatory authorities or when required by a court having jurisdiction on the matter that is the subject of the proceedings.
This confidentiality obligation shall not apply to any consultant appointed to assist the Ethics Officer, the Independent Ethics Board or more generally WADA, in the investigation proceedings, provided that such consultant is bound by a similar confidentiality obligation.
4.4 Exemption from liability
No member of the Independent Ethics Board, nor the Ethics Officer will be personally liable for any act done or omitted to be done in good faith by the Independent Ethics Board, any member of the Independent Ethics Board and the Ethics Officer, in pursuance or intended pursuance of the functions, duties, powers, and authorities of the Independent Ethics Board and of the Ethics Officer.
5. Sanctions and Measures
In the case of any breach of the ethical principles of WADA, the WADA Code of Ethics or the implementation of its provisions, the Independent Ethics Board may decide to impose the following measures and sanctions on the Officials:
(i.) A warning;
(ii.) A reprimand (i.e. an official written disapproval of the person’s conduct);
(iii.) A fine (of an unlimited amount);
(iv.) An order of reimbursement or restitution;
the Officials:
(i.) A warning;
(ii.) A reprimand (i.e. an official written disapproval of the person’s conduct);
(iii.) A fine (of an unlimited amount);
(iv.) An order of reimbursement or restitution;
(v.) The forfeiture of any award or benefit;
(vi.) The requirement to undergo mediation or conciliation, as applicable;
(vii.) The requirement to undertake any relevant training;
(viii.) A suspension for a specific period, which may be extended to all or part of the rights, prerogatives, and functions of the person concerned;
(ix.) A temporary or permanent ineligibility;Page 9/19 WADA Code of Ethics – 5 December 2024
(x.) The removal from office;
(xi.) Any other appropriate sanction.
The above measures and sanctions may be combined. They shall be proportionate and appropriate to the objectives pursued by the WADA Code of Ethics. The measure(s) and sanction(s) shall be determined by reference to all the relevant circumstances of the case, including the seriousness of the breach, the need to protect the image and the integrity of WADA, the need to deter repetition of the wrongful conduct (by the person concerned or by any other Official), and any mitigating or aggravating factors that may be present (including the prior record of the person concerned, the degree of their remorse and acceptance/cooperation in the procedure and his /her financial means).
Where more than one breach of the WADA Code of Ethics has been committed, the measure(s) and sanction(s) shall be based on the most serious breach and may be increased to reflect the other breach(es).
Where deemed appropriate under specific circumstances (to be assessed restrictively), the implementation of all or part of the measure(s) and sanction(s) may be suspended for a period of time and such suspension may be subject to certain conditions to be complied with by the person concerned (including, e.g., engaging in a
Where deemed appropriate under specific circumstances (to be assessed restrictively), the implementation of all or part of the measure(s) and sanction(s) may be suspended for a period of time and such suspension may be subject to certain conditions to be complied with by the person concerned (including, e.g., engaging in a mediation process or receiving relevant training).
6. Provisional Measure
At any time during the investigation (including during the Reconsideration Process as stated in Annex A to the WADA Code of Ethics) and until a final decision is made, and provided that the situation so requires, the Chairman/Chairwoman of the Independent Ethics Board may, either ex officio or upon request from the Ethics Officer, the Executive Committee, or the parties, decide on provisional measures.
Where a provisional measure is imposed, the person concerned shall be given the opportunity to challenge such provisional measure before the Independent Ethics Board. The procedure shall be determined by the Chairman/Chairwoman of the Independent Ethics Board, provided that the person concerned is afforded a reasonable opportunity to defend their position.
The decision of the Chairman/Chairwoman or, further to a challenge, the decision of the Independent Ethics Board (with the exclusion of the Chairman/Chairwoman), is final and not subject to appeal. When deemed necessary by the Chairman/Chairwoman to ensure the effective implementation of the provisional measure, the decision is notified by the Chairman/Chairwoman to the WADA Director General, who determines which WADA Officials need to be informed on a strict need-to-know basis.
7. Amendments to the WADA Code of Ethics
The Independent Ethics Board shall examine once a year the Fundamental Principles of Section 3 to determine whether they should be amended. The result of such examination and the proposed amendments (if any) shall be included in the report of the Independent Ethics Board to the Foundation Board for consideration.Page 10/19 WADA Code of Ethics – 5 December 2024
8. Entry into Effect
The WADA Code of Ethics shall come into effect immediately at the date of its approval by the Foundation
any) shall be included in the report of the Independent Ethics Board to the Foundation Board for consideration.Page 10/19 WADA Code of Ethics – 5 December 2024
8. Entry into Effect
The WADA Code of Ethics shall come into effect immediately at the date of its approval by the Foundation Board unless decided otherwise by the Foundation Board, and will apply to all matters reported to the Ethics Officer as of that date. It may be amended from time to time by the Foundation Board; in such case, the Foundation Board will declare whether the procedural and the substantive provisions shall apply retroactively or not to any pending matter.
9. Governing Law and Arbitration
The WADA Code of Ethics is governed by the substantive laws of Switzerland to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.
Subject to the limitation under Section 1.2 second paragraph and Section 2 second paragraph of the WADA Code of Ethics, any final decision made by the Panel of the Independent Ethics Board (Section 5.1.5 of Annex A) may be challenged by the concerned person exclusively by way of appeal to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, which will resolve the dispute definitively in accordance with the Code of Sports-related arbitration. The time limit for appeal is twenty-one (21) days after the reception of the decision of the Panel. The decision being appealed shall remain in force and effect pending the resolution of the appeal, unless decided otherwise by the CAS. The appeal proceedings shall be conducted in French or English. Swiss law shall be applicable to the proceedings. Decisions of the CAS shall be final and binding and may not be challenged in any forum or on any grounds. The appeal to the Swiss Supreme Court (Tribunal fédéral, Bundesgericht) is reserved.
Furthermore, any claim for damages as a result of a breach of the WADA Code of Ethics will be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland and settled definitely in accordance
Bundesgericht) is reserved.
Furthermore, any claim for damages as a result of a breach of the WADA Code of Ethics will be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland and settled definitely in accordance with the Code of Sports-related arbitration (ordinary arbitration procedure). A previous final determination by the IEB or by CAS on whether or not a breach of the WADA Code of Ethics has been committed shall be binding for the arbitration panel.Page 11/19 WADA Code of Ethics – 5 December 2024
Annex A to the WADA Code of Ethics
REGULATIONS OF THE WADA INDEPENDENT ETHICS BOARD AND RULES OF
PROCEDURE
1. General provisions
These Regulations of the WADA Independent Ethics Board have been adopted by the WADA Foundation Board (the “Foundation Board”) pursuant to the WADA Statutes.
2. The Independent Ethics Board
2.1 Composition of the Independent Ethics Board
The Independent Ethics Board consists of nine (9) persons, including its Chairman/Chairwoman.
2.2 Appointment and removal of the members of the Independent Ethics Board
The appointment to, and removal from, the Independent Ethics Board, including its Chairman/Chairwoman, shall be decided by the Foundation Board.
2.3 Selection process of the members of the Independent Ethics Board
The WADA Nominations Committee (the “Nominations Committee”) will search and identify suitable candidate profiles for the position of Chairman/Chairwoman and members of the Independent Ethics Board and collect the candidacies. The Public Authorities and the Olympic Movement (as these terms are defined in the WADA Statutes) may each appoint one member of the Independent Ethics Board.
The Nominations Committee will then be responsible for reviewing and verifying (including vetting) all the candidates, ensuring to the extent possible [except for the two members designated by the Public Authorities and the Olympic Movement] a balanced diversity, such as regional, gender and cultural.
The Nominations Committee will then be responsible for reviewing and verifying (including vetting) all the candidates, ensuring to the extent possible [except for the two members designated by the Public Authorities and the Olympic Movement] a balanced diversity, such as regional, gender and cultural.
The Nominations Committee may invite the candidates [including the two members designated by the Public Authorities and the Olympic Movement] for interviews and shall prepare a file for each candidate. The Nominations Committee shall submit the results of its review and vetting process, together with the relevant dossiers, to the President and Vice-President of the Foundation Board, with a recommendation on each candidate, including for the position of Chairman/Chairwoman of the Independent Ethics Board.
The members appointed by the Public Authorities and the Olympic Movement may not be appointed Chairman/Chairwoman or Vice-Chair of the Independent Ethics Board.
2.4 Independence requirements for the members of the Independent Ethics Board
All members of the Independent Ethics Board (except for the two members designated by the Public Authorities and the Olympic Movement) shall meet the Operational, Personal and Organizational Independence criteria as set out in the WADA Regulations on Independence (as they may be amended from time to time) in force at the time of their application and during the entire time of their appointment.Page 12/19 WADA Code of Ethics – 5 December 2024
The two members designated by the Public Authorities and the Olympic Movement shall only have to meet the Operational and Personal Independence criteria as set out in the WADA Regulations on Independence.
2.5 Term of office
The members of the Independent Ethics Board will be appointed for a term of three (3) years and may be reappointed for two (2) further terms of three (3) years provided that they continue to meet all relevant eligibility criteria. Terms may be staggered. There are no age limits. A member of the Independent Ethics Board may not serve for more than nine (9) years in total.
2.6 Operations and reports
The Independent Ethics Board is a corporate body of WADA, but it operates independently from WADA’s other
criteria. Terms may be staggered. There are no age limits. A member of the Independent Ethics Board may not serve for more than nine (9) years in total.
2.6 Operations and reports
The Independent Ethics Board is a corporate body of WADA, but it operates independently from WADA’s other bodies such as the Foundation Board and the Executive Committee.
The Independent Ethics Board shall perform its duties as stated in the WADA Code of Ethics. It may communicate directly with any Official or corporate body within WADA.
The Independent Ethics Board shall meet when convened by its Chairman/Chairwoman.
The Independent Ethics Board shall provide annual reports on its activities to the President of WADA, who will share them with the Foundation Board and the Executive Committee.
2.7 Designation of a Vice-Chairman/Vice Chairwoman
The Independent Ethics Board shall designate from its members a Vice-Chairman/Vice-Chairwoman, who will act if the Chairman/Chairwoman is prevented from performing their duty.
If the Chairman/Chairwoman is prevented from performing their duties for more than three (3) months consecutively, the Foundation Board shall immediately initiate the selection process of Section 2.3 to replace the Chairman/Chairwoman so prevented. During the process, the duties of the Chairman/Chairwoman shall be performed by the Vice-Chairman/Vice-Chairwoman.
2.8 Deliberations and decisio
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