MEMORANDUM FINA MEMBER NATIONAL FEDERATIONS SWIMWEAR MANUFACTURERS. DATE: 18 November 2010

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1 MEMORANDUM TO: CC: FROM: FINA MEMBER NATIONAL FEDERATIONS SWIMWEAR MANUFACTURERS FINA, Lausanne DATE: 18 November 2010 RE: SWIMSUITS 10 th FINA World Swimming Championships (25m) Dubai 2010 // Dubai (UAE) NUMBER OF PAGES INCLUDING THIS ONE: 5 Dear Sirs, Following previous correspondence sent to all FINA Member Federations on 11 October 2010, there appears to remain some misunderstandings about the effective content of the FINA rule BL 8 SWIMWEAR and of the FINA REQUIREMENTS FOR SWIMWEAR APPROVAL applicable to swimsuit approval and specifically what this implies in connection with 10 th FINA World Swimming Championships (25 m) to be held on December 2010 in Dubai (UAE). First of all, we underline that as can be read from the rules, the 12-months deadline and the requirement of market availability on 1 st January do not apply in respect of the FINA World Swimming Championships (25m) but only in respect of the FINA World Championships (50m) and of the Olympic Games. Therefore, all swimsuits published on the official FINA website FINA Approved Swimsuits may be used in the coming 10 th FINA World Swimming Championships (25m) in Dubai. More generally, it appears also adequate to clarify the following: - The approval process is based on the fact that swimsuits have to be submitted by the manufacturers by a certain set dead-line, i.e. 1 st July, 2010;. 1 st July, 2011; etc. - The date of July 1 has been specifically chosen because of the fact that it is in all cases 12 months before the two events, i.e. the FINA World Championships (50m) and respectively the Olympic Games which are the two specific events in respect to which the 12 months protection deadline provided by the rules apply. - The date of submission serves as reference date for the purpose of the approval for all swimsuits which have been submitted by that date, irrespective of the date at which a particular swimsuit model is approved. - The effective approval process can take more or less time depending on whether or not there are issues, more or less complex to address and above all whether the resubmission process is applied (up to a few months in that case). In any event however, the results will be issued so that the manufacturers are able to fulfill the requirement of market availability at the latest on January 1 preceding either the FINA World Championships (50m) or the Olympic Games. - The process of swimwear approval implies a regular update of the list following issuance of the respective approvals in the course of the process. In the case of the 1 st July, 2010, approval round, a first list of new approvals (models approved based on initial submissions) was published around 10 th August, 2010, a second one

2 (bulk of approvals based on resubmissions) around 25 th October, 2010 and a few additional have come since (resubmissions with issues to be clarified). One or two cases are still pending and will be decided in the coming days. We note that the corresponding explanations were already addressed to all federations on 11 th October, 2010 and supported by a document summarising the application of the various deadlines in connection with the respective events (see enclosed). The approval process is a complex one. This is the reason why it is important that any published information is provided in a correct manner. We finally remind that the only competent body in respect of decisions regarding approvals is the independent Swimwear Approval Commission (SAC). Any opinion or decision by any other body or person, even having otherwise an official function, has no relevance nor authority and cannot be relied upon in respect of the interpretation of the rules applicable to swimwear approval. We trust that the above explanations will serve a correct understanding of the application of the FINA rules and swimwear approval process. Yours sincerely Prof. Jan-Anders Manson Chairman of SAC Av. Jean-Pierre Morand Legal Counsel (Attachment Memorandum, 11 October 2010 )

3 MEMORANDUM TO: CC: FINA MEMBER NATIONAL FEDERATIONS SWIMWEAR MANUFACTURERS FROM: FINA, Lausanne DATE: 11 October 2010 RE: SWIMSUITS 10 th FINA World Swimming Championships (25m) Dubai 2010 // Dubai (UAE) NUMBER OF PAGES INCLUDING THIS ONE: 3 Dear Sirs, Through this correspondence we would like to inform you that according to the FINA rule BL 8 all the swimsuits to be used in swimming competitions need to be approved according to FINA Requirements for swimwear approval They have to bear correspondent approval label confirming the approval of this particular model. Please note that the list of FINA approved swimsuits is published on the official FINA website under the tag FINA Approved Swimsuits. The relevant list is the one published before the date of the competition. Only the swimsuits for the pool competition included in the list are eligible to be used during the 10 th FINA World Swimming Championships (25m), Dubai The list of FINA Approved Swimsuits includes all models of swimwear approved starting from September 2009 including the last submission of 1 st July 2010 and respective resubmitted samples. Please consider that submission dead-line of 12 months and market availability dead-line of 6 months prior to the event, are applicable for the FINA World Championships - 50m and Olympic Games, and not applicable to other FINA events (FINA World Swimming Championships 25m, FINA Swimming World Cup, etc.) and Youth Olympic Games.* For more clarification please refer to a table attached. The procedure for the swimwear check will be held in the competition venue in the 1 st call room prior to the final call room. The swimmers must be present at the 1 st call room at least twenty (20) minutes prior to the start of the preliminaries, semi-finals and final events in swimming.

4 In the 1 st call room, the FINA personnel will check: If the swimsuit has been approved and labelled If the swimmer has only one swimsuit If the swimmer has no taping in his swimsuit and/or in his body If any modification has been made to the swimsuit After a completed checking, separately for women s and for men s, the swimmers will proceed to the final call room prior to the start. The swimsuit that is not included in the list of FINA Approved swimsuits, available on the date of the competition, or without FINA approved label, will not be allowed to be used during the championships. No labelling of the swimsuits will be done on site, all approved swimsuits have to have FINA approved label already printed/attached to the garment. Please note that a copy of this correspondence is sent to all the Manufacturers whose products are included on the list of FINA approved Swimsuits. We would appreciate your collaboration and look forward to seeing you in Dubai. Should you have any questions, please feel free to contact us. Yours Sincerely, Cornel Marculescu FINA Executive Director CM/pm *(ref. clause 4.3 of the FINA Requirements for swimwear approval (regulations for swimwear to be used from January 1, 2010).

5 Annex to Memorandum 11 October 2010 RE: SWIMSUITS 10th FINA World Swimming Championships (25m) Dubai 2010 // Dubai (UAE) When and how to apply FINA Swimsuit ruling? FINA events Event 1 FINA World Championship 50m Olympic Games 2 FINA events other than FINA World Championships 50m, including: FINA World Swimming Championships 25m FINA World Open Water Swimming Championships, FINA Swimming World Cup etc. Youth Olympic Games Allowed Swimsuits Submission dead-line for approval 12-months prior to the event Market-availability dead-line 6-months, prior to the event 3 FINA Masters World Championships In addition: Traditional textile fabric (permeable), with no mesh-closing surface treatment. Comment: Suits or parts of suits made of Polyurethane (or similar non-textile material) are of course prohibited. NON FINA events Event 4 Events under continental or national jurisdiction Comment: corresponds to an indirect application (FINA rules applied by reference) Allowed Swimsuits