Act No. 2016-03 Of 06 January 2016

Original Language Title: Loi n° 2016-03 du 06 janvier 2016

Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10700

Law No. 2016-03 of 06 January 2016 Act No. 2016-03 of 06 January 2016 authorising the President of the Republic to ratify the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of the benefits arising from their use on the Convention on biological diversity, adopted on 29 October explanatory memorandum in view to respond to the request expressed by the leaders of the world for a better preservation of genetic resources during the World Summit on sustainable development 2002 in Johannesburg (South Africa), the tenth (10th) Conference of the Parties to the Convention on biological diversity (CBD) adopted in Nagoya (Japan) on 29 October 2010, Nagoya Protocol on access to genetic resources and sharing fair and equitable benefits arising from their use.

Beforehand, the Convention on biological diversity (CBD) of June 05, 1992, ratified by Senegal on 17 October 1994, already devoted its third and last objective in the "just and equitable sharing of benefits arising from the use of genetic resources" genetic resources represent a level of biodiversity. According to the definition of the CBD, a genetic resource is any material of plant, animal, microbial origin or other containing functional units of heredity, of actual or potential value.

The Nagoya protocol opened for signature February 02, 2011, at the headquarters of the United Nations, after six years of negotiations, is fixed as objective the fair and equitable sharing of benefits arising from the use of genetic resources, including through satisfactory access to genetic resources and appropriate transfer of relevant technologies.

The Protocol establishes a greater legal certainty and transparency for both providers and users of genetic resources it provides a concrete tool for meeting the challenges of sustainable development, ensuring sharing of benefits arising from the use of genetic resources and associated traditional knowledge.

Also, the Protocol consolidates the provisions of articles 16 and 17 of the CBD which highlight the three main points, below:-access to genetic resources is subject to national sovereignty;
-access to resources is subject to prior consent informed of the State providing resources;
-the fair and equitable sharing of the benefits, according to mutually agreed terms.

The Protocol will enter into force the 90th day following the date of deposit with the Secretary-General of the United Nations, the 50th instrument of ratification, acceptance, approval or accession.

The expiration of a period of two years from the date of entry into force of the Protocol, a State party may denounce the Protocol. This termination may take effect only after the expiry of a period of one year from the date of receipt by the depositary.

To date, four twenty twelve (92) countries have signed the Protocol, and sixteen (16) have already ratified.

Senegal which has signed the Protocol of Nagoya January 26, 2012, would provide a significant contribution to sustainable development, in General, and the good management of genetic resources, in particular by ratifying this agreement.

Such is the economy of the present Bill.


The National Assembly adopted in its session of Monday, December 28, 2015, the President of the Republic promulgates the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of the benefits arising from their use on the Convention on biological diversity, adopted on October 29, 2010.

This Act will be enforced as law of the State.

Made in Dakar, 06 January 2016 Macky SALL by the President of the Republic: the Prime Minister, Mahammed Boun Abdallah DIONNE Protocol of NAGOYA on access to the resources genetic and the sharing just and EQUITABLE of benefits arising out of their use matter A the CONVENTION on the diversity biological text and annex SECRETARIAT of the CONVENTION on biological diversity MONTREAL Convention on biodiversity Nations United NAGOYA Protocol on access to genetic resources and sharing JUST and EQUITABLE of benefits arising out of their use matter A the CONVENTION on the diversity organic. the Parties to this Protocol, being parties to the Convention on biological diversity hereinafter referred to as 'the Convention', recalling that the fair and equitable sharing of the benefits arising from the use of genetic resources is one of the three central objectives of the Convention and recognizing that this Protocol pursues this objective within the framework of the Convention Reaffirming the rights of sovereign States over their own natural resources and in accordance with the provisions of the Convention, further Recalling article 15 of the Convention, recognizing the important contribution to the sustainable development of the transfer of technology and cooperation in this area to strengthen research and innovation capabilities and add value to genetic resources in developing in accordance with articles 16 and 19 of the Convention Acknowledging that the public awareness of the economic value of ecosystems and biodiversity, and the fair and equitable sharing of economic value with the guardians of the biological diversity are important measures of incentives available for the conservation of biological diversity and the sustainable use of its components, recognizing the potential contribution of access and the sharing of the benefits to the Convention and the sustainable use of biological diversity to the eradication of poverty and environmental sustainability, thus contributing to the achievement of the Millennium development goals, conscious of the links between access to genetic resources and the fair and equitable sharing of benefits of flowing from the use of these resources, recognizing the importance of ensuring legal certainty with regard to access to genetic resources and the fair and equitable sharing of benefits derived from their use Recognizing also the importance of promoting fairness and justice in the negotiation of mutually agreed terms between providers and users of genetic resources, recognizing also the vital role played by women on access and sharing benefits and affirming the need to ensure their full participation at all levels in political decisions concerning the conservation of biological diversity and their application Firmly resolved to further support the effective implementation of the provisions of the Convention relating to access and benefit sharing, recognizing that an innovative solution is necessary for the fair and equitable sharing of the benefits arising from the use of genetic resources and traditional knowledge associated with GR in cross-border situations or for which it is not possible to grant or obtain the prior informed consent Recognizing the importance of genetic resources for food security, public health, conservation of biological diversity, and climate change mitigation and adaptation to them, recognizing the special agricultural biological diversity nature, its distinctive features and problems requiring special solutions, recognizing the interdependence of all countries in respect of genetic resources for the alimentetion and agriculture as well as their nature and their importance for global food security and for the sustainable development of agriculture in the context of the reduction of poverty and changes in climate, and recognizing the fundamental role of the international treaty on plant genetic resources for food and agriculture and the Commission on genetic resources for food and agriculture of FAO in this respect, taking account of the international health regulations (2005) of the world Organization of health and the importance of ensuring access to human pathogens for the purposes of preparation and response for public health, recognizing the ongoing work on access and the sharing of benefits in other international fora, recalling the multilateral system of access and benefit-sharing created under the international treaty on plant genetic resources for food and agriculture developed in harmony with the Convention, recognizing that the international instruments on access and to the sharing of benefits should be complementary to achieve the objectives of the Convention (, Recalling article 8 j) of the Convention, as it relates to traditional knowledge associated with genetic resources and the fair and equitable sharing of the benefits arising from the utilization of such knowledge,


Noting the dependency link between genetic resources and traditional knowledge, the fact that these resources and this knowledge are inextricably linked to indigenous and local communities, and the importance of traditional knowledge for the conservation of biological diversity and the sustainable use of its components, as well as for the sustainability of the livelihoods of the communities concerned, recognizing the diversity of contexts in which the traditional knowledge associated with genetic resources are held or owned by the communities indigenous and local knowledge that indigenous and local communities have the right to identify the legitimate holders of traditional knowledge associated with GR in their communities, recognizing also the particular forms under which some countries have traditional knowledge associated with genetic resources, that these forms are oral, documentary or otherwise, and which reflect a rich cultural heritage relevant to the conservation and sustainable use of biological diversity Taking note of the Declaration of the United Nations on the rights of indigenous peoples, stating that no provision of this Protocol shall be construed as causing the decline or extinction of rights that indigenous and local communities have already agreed to the following: Article 1. -Objective the objective of this Protocol is the fair and equitable sharing of the benefits arising from the use of genetic resources, including through access meeting genetic resources and appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies and through adequate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.

Section 2. -Use of terms the terms defined in article 2 of the Convention shall apply to this Protocol. Addition, for the purposes of this Protocol, means: a) "Conference of the Parties" the Conference of the Parties to the Convention;
(b) "Convention" the Convention on biological diversity;
(c) ' use of genetic resources"the research and development activities on the composition genetic or biochemical genetic resources, including by the application of biotechnology, in accordance with the definition provided in article 2 of the Convention;
(d) ' biotechnology' any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use, in accordance with the definition provided in article 2 of the Convention;
(e) "derivative" any compound biochemical that exists naturally resulting from gene expression and metabolism of biological / genetic resources, even if it contains no functional units of heredity.

Article 3. -Scope of application this Protocol applies to genetic resources which fall within the scope of article 15 of the Convention as well as to the benefits arising from the use of these resources. This Protocol shall apply also to the traditional knowledge associated with genetic resources which fall within the scope of application of the Convention and the benefits arising from the utilization of such knowledge.



Article 4. -Relationship with the international agreements and instruments 1. The provisions of this Protocol change in any way the rights and obligations of a party to an international agreement existing, except where the exercise of these rights or the observance of, these obligations would cause serious damage to biological diversity or pose a serious threat to it. This paragraph is not intended to create a hierarchy between this Protocol and other international instruments.

2. nothing in this Protocol shall preclude the Parties to develop and implement other relevant agreements, including other special agreements on access and sharing benefits, provided that they promote the objectives of the Convention and the present Protocol and do not go against them.

3. this Protocol shall apply in a spirit of mutual complementarity with other international instruments. The work to the relevant and useful practices being carried out under these international instruments and relevant international organizations should be duly taken into account, provided that they promote the objectives of the Convention and the present Protocol and do not go against them.

4. the present Protocol is the instrument for the application of the provisions of the Convention relating to access and benefit-sharing. When an international instrument on access and benefit-sharing applies, complies with the objectives of the Convention and the present Protocol and does not go against these objectives, this Protocol does not apply to the part (s) to this special instrument with regard to the specific genetic resources covered by the instrument and for the needs of it.

Article 5 -Fair and equitable sharing of benefits 1. Pursuant to paragraphs 3 and 7 of article 15 of the Convention, the benefits arising from the use of genetic resources and applications and subsequent commercialization are shared a fair and equitable manner with the party providing such resources and which is the country of origin of such resources or part which has acquired the genetic resources in accordance with the Convention. This sharing is subject to conditions agreed by common accord.

2 each Party shall take legislative, administrative or policy measures, as appropriate, to ensure that the benefits arising from the use of genetic resources that are held by indigenous and local communities, in accordance with the internal legislation to the established rights of the said communities on these resources, are shared in a fair and equitable manner with these communities according to mutually agreed terms.

3 each Party shall take legislative, administrative or policy measures, as appropriate, to implement paragraph 1.

4. the benefits may include but are not limited to monetary and non-monetary benefits listed in the annex.

5 each Party shall take legislative, administrative or policy measures, as appropriate, so that the benefits arising from the use of traditional knowledge associated with genetic resources are shared by fair and equitable manner with the indigenous communities and local holders of these knowledge, this sharing is done according to mutually agreed terms.

Section 6. -Access to the genetic resources 1. In the exercioe of its sovereign over its natural resources and in accordance with statutory or regulatory rights internal access and benefit-sharing, access to GR for their use is subject to the prior informed consent of the party providing such resources, which is the country of origin of such resources or a party which has acquired in accordance with the Convention , unless otherwise determined by that party.

2. pursuant to its domestic law, each Party shall, as appropriate, the necessary measures to ensure that prior informed consent or agreement and the participation of indigenous and local communities are obtained for access to genetic resources, therefore their right to grant access to these resources is established.

3. in accordance with paragraph 1 above, each party which requires the prior informed consent shall, as appropriate, legislative, administrative or policy measures appropriate for: has) ensure legal certainty, clarity and transparency of its legal or regulatory provisions internal access and sharing benefits;

(b) to provide rules and fair and non-arbitrary procedures on access to genetic resources;

c) provide information on how to seek prior informed consent;

(d) to provide a written decision of a competent national authority, which is rendered in clear and transparent, without excessive cost and within a reasonable time;

(e) provide for the issue, at the time of access to genetic resources, a licence or an equivalent document attesting to the adoption of the decision to grant the consent knowingly and the conclusion of mutually agreed terms, and notify the clearing-house mechanism on access and the sharing of benefits

(f) if it is necessary and in accordance with domestic legislation, establish criteria or methods for obtaining prior informed consent or agreement and the participation of indigenous and local communities to access to genetic resources;

(g) establish rules and clear procedures relating to the application and the establishment of conditions agreed by common accord. These conditions should be laid down in writing and may include, inter alia: i) a clause on the settlement of disputes;


(ii) the conditions of benefit-sharing, taking into account also the intellectual property rights;

(iii) the conditions of the future use by third parties, as appropriate; and (IV) the conditions of change of intent, where appropriate.

Section 7. -Access to the traditional knowledge associated with genetic resources in accordance with its domestic law, each party takes, as necessary, appropriate measures to ensure that access to the traditional knowledge associated with genetic resources held by indigenous and local communities is subject to prior consent knowingly or the agreement and the participation of indigenous and local communities , and that mutually agreed terms are established.

Section 8. (-Special considerations in developing and implementing its legislative or regulatory provisions for access and sharing of benefits, each party: has) creates conditions that promote and encourage research which contributes to the conservation of biological diversity and its sustainable use, in particular in developing countries, inter alia through measures simplified access for research for non-commercial purposes taking into account the need to take into consideration the change of intention with respect to the objectives of this research;

b) takes into account current or imminent emergencies that threaten or harm the health or human, animal or plant, such as defined at national or international level. The Parties may take into account the need to accelerate the access to genetic resources and the fair and equitable sharing of benefits arising from their use, including access to affordable treatment for those who are in need, in particular in developing countries;

(c) take into account the importance of genetic resources for food and agriculture and the special role they play for food security.

Article 9 -Contribution to the conservation and sustainable use. Parties shall encourage users and providers to assign the benefits arising from the use of genetic resources to the conservation of biological diversity and the sustainable use of its components.

Section 10. -Multilateral global sharing of the benefits the Parties examine the need and modalities for a multilateral global mechanism of benefit-sharing for the fair and equitable sharing of the benefits arising from the use of genetic resources and traditional knowledge associated with genetic resources found in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared through this mechanism by the users of genetic resources and traditional knowledge associated with genetic resources are used to promote the conservation of biological diversity and the sustainable use of its components around the world.

Section 11. -Cross-border cooperation l. When the same genetic resources are located in situ on the territory of more than a party, Parties shall endeavour to cooperate, as appropriate, to implement this Protocol, with the participation of indigenous and local communities concerned, if applicable.

2. when the same traditional knowledge associated with genetic resources are shared by indigenous and local communities different in several Parties, those Parties shall endeavour to cooperate, as appropriate, with the participation of indigenous and local communities concerned to achieve the objective of the present Protocol.

Section 12. -Traditional knowledge associated with genetic resources 1. By implementing the obligations imposed on them under this Protocol, the Parties, in accordance with their domestic law, take into account, if applicable, the customary law of indigenous and local communities as well as their protocols and procedures, for everything which concerns traditional knowledge associated with genetic resources.

2. with the active participation of indigenous and local communities concerned, the Parties shall establish mechanisms to inform potential users of traditional knowledge associated with genetic resources of their ob1igations, including measures disseminated through the clearing-house mechanism on access and benefit-sharing the access to this knowledge and fair and equitable sharing of the benefits arising from their use.

(3. Parties shall endeavour to support, as appropriate, the elaboration by the indigenous and local communities, including women in these communities, from: has) community protocols for access to traditional knowledge associated with genetic resources and the fair and equitable sharing of the benefits arising from their use;

(b) minimum conditions for the negotiation of agreed terms agreed in order to ensure the fair and equitable sharing of the benefits arising from the use of traditional knowledge associated with genetic resources; and (c) contractual clauses for sharing of benefits arising from the use of traditional knowledge associated with genetic resources.

4. in applying this Protocol, the Parties, to the extent possible, do not limit the customary use or exchange of genetic resources and traditional knowledge within indigenous and local communities and between them, in accordance with the objectives of the Convention.

Article 13. -National focal points and competent national authorities 1. Each Party shall designate a national focal point for access and benefit-sharing. The national correspondent provides the following information: a) applicants to access to genetic resources, information on the procedures for obtaining prior informed consent and mutually agreed terms, including the sharing of benefits;

(b) to applicants for access to traditional knowledge associated with genetic resources, to the extent possible, information on the procedures for obtaining prior informed consent or agreement and participation, as appropriate, of indigenous and local communities, and the establishment of conditions agreed by mutual agreement, including the sharing of benefits; and (c) information on the competent national authorities, indigenous and local communities and relevant stakeholders.

The national correspondent is responsible for liaison with the Secretariat.

2. each Party shall designate one or more competent national authorities on access and benefit-sharing. The competent national authorities, in accordance with the legislative and administrative measures as well as the applicable national policies, are charged to grant access or, if there is place, issue written evidence that access conditions have been met, and to provide advice on the procedures and the conditions for obtaining the prior consent knowingly and conclusion of mutually agreed terms.

3. a party may designate a single entity to carry out the duties of corresponding national and competent national authority.

4 each Party shall communicate to the Secretariat, no later than on the date of entry into force of the present Protocol for it, the coordinates of its corresponding national and its authority or its competent national authorities. When a party designates more than one competent national authority, it instructs the Secretariat with notification to this effect, what are the respective areas of responsibility of these authorities. Where appropriate, it will be at least clarified what is the competent authority responsible for unsolicited genetic resources. Each Party shall immediately notify the Secretariat any change in the designation of its corresponding national coordinates or the responsibilities of his or her competent national authorities.

5. the Secretariat provides this information under paragraph 4 above through the clearing-house mechanism on access and benefit-sharing.

Section 14. -Clearinghouse on access and benefit-sharing and exchange of information 1. A clearing-house mechanism on access and benefit-sharing is created as part of the clearing-house mechanism provided for in paragraph 3 of article 18 of the Convention. It serves as means of sharing of information relating to access and benefit-sharing. In particular, it allows access to the relevant information provided by each party for the purposes of this Protocol.

2. without prejudice to the protection of confidential information, each Party shall communicate to the clearing-house mechanism on access and benefit-sharing any information that it is required to provide under this Protocol and decisions taken by the Conference of the Parties serving as the meeting of the Parties to this Protocol. This information includes: a) appropriate legislative, administrative and policy on access and benefit-sharing;

b) information about the national correspondent and the authority or the competent national authorities; and


(c) permits or equivalent documents issued at the time of access to attest to the decision to grant the consent knowingly and the conclusion of mutually agreed terms.

3. additional information, if necessary and as appropriate, can include: a) the competent authorities relevant to indigenous and local communities, to information, depending on whether it was decided;

b) contractual types;

(c) the methods and tools developed to monitor genetic resources; and (d) codes of conduct and best practices.

4. the modalities of functioning of the clearing-house mechanism on access and the sharing of benefits, including its activity reports are reviewed and approved by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first meeting and subject to subsequent reviews.

Section 15. -Compliance with legislative or regulatory internal access and sharing benefits 1. Each Party shall take legislative, administrative or policy appropriate, effective and proportionate in order to ensure that access to genetic resources under its jurisdiction has been the subject of a prior informed consent and mutually agreed terms have been established, in accordance with the legislation or legislative or regulatory provisions internal access and sharing of the benefits of the other party.

2. the Parties shall take appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with paragraph (l) above.

3. the Parties shall cooperate, to the extent possible and as appropriate, in the case of alleged violation of the laws or regulatory provisions internal access and sharing the benefits mentioned year paragraph 1 above.

Section 16. -Compliance with legislative or regulatory internal relating to access and benefit-sharing the traditional knowledge associated with genetic resources l. Each Party shall take legislative, administrative or policy appropriate, effective and proportionate, as appropriate, in order to ensure that access to the traditional knowledge associated with genetic resources under its jurisdiction was submitted to prior consent knowingly or the agreement and the participation of indigenous and local communities and that mutually agreed terms have been established in accordance with the laws or regulatory provisions internal access and sharing of the benefits of the other party where these indigenous and local communities are located.

2. each Party shall take appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted pursuant to paragraph 1 above.

3. the Parties shall cooperate, to the extent possible and as appropriate, in the case of alleged violation of the laws or regulatory provisions internal access and sharing of the benefits referred to in paragraph 1 above.



Article 17. -Monitoring of the use of genetic resources 1. In order to promote respect for the applicable rules, each Party shall take appropriate measures to monitor the use of genetic resources and to increase transparency regarding this use. These measures include: a) the designation of one or more control points, as follows: i) control points designated collect and receive appropriate, relevant information regarding obtaining prior consent informed, the source of the genetic resource, the existence of conditions agreed a common agreement or the use of genetic resources, where appropriate;

(ii) each party, if there is place and according to the particular characteristics of the designated control point, requires that users of genetic resources at a designated checkpoint provide the information specified in the above paragraph. Each Party shall take appropriate, effective and proportionate measures to address situations of non-compliance;

(iii) such information, including information from certificates of conformity recognized internationally when they are available, must be given to the competent national authorities, in the part that gives the informed consent issue and the clearing-house mechanism on access and the sharing of the benefits as appropriate and without prejudice to the confidential information;

(iv) control points must be operational and their functions should be consistent with the application of the provisions of this paragraph a). They should be in connection with the use of genetic resources or with the collection of relevant information, inter alia, at any stage of the research, development, innovation, pre-commercialization and commercialization;

b) the encouragement of users and providers of genetic resources to include in the terms agreed by mutual agreement, provisions relating to the sharing of information regarding the implementation of these conditions, including the obligation to submit a report;

c) encouragement of the use of tools and communication systems cost-effective.

(2. a permit or an equivalent document issued pursuant to paragraph 3: e) of article 6 and placed at the disposal of the clearing-house mechanism on access and benefit-sharing is a compliance certificate recognized internationally.

3. a certificate of conformity the internationally recognized proves that access to the genetic resource which it dealt was the subject of a prior informed consent and mutually agreed terms have been established, in accordance with the laws or regulatory provisions internal access and sharing of the benefits of the Party granting prior informed consent.

4. the certificate of conformity the internationally recognized contains at least the following information when they are not confidential: a) the issuing authority;
(b) the date of issue;
(c) the supplier;
d) the identifier of the certificate;
(e) the person or entity to which prior informed consent was given.
(f) the subject or genetic resources to which relates the certificate;
(g) a confirmation that mutually agreed terms have been established;
(h) a confirmation that prior informed consent has been obtained; and i) use commercial and/or non-commercial purposes.

Section 18. -Compliance with the conditions agreed upon by mutual agreement 1. In implementing paragraph 3 g) i) of article 6 and article 7, each Party shall encourage suppliers and users of genetic resources and/or traditional knowledge associated with genetic resources to include in the terms agreed by mutual agreement of the provisions to cover, where appropriate, the settlement of disputes, including: a) the jurisdiction to which they will submit the procedures for settlement of disputes;
(b) the applicable law; or (c) the possibility of recourse to other modes of dispute resolution, such as mediation and arbitration.

2. each Party shall ensure the possibility of appeal in its legal system, in accordance with the jurisdictional rules applicable in the event of dispute regarding the conditions of an agreement ccmmun agreed.

(3. each Party shall, as appropriate, effective measures concerning: has) access to justice; and (b) the use of mechanisms of mutual recognition and enforcement of arbitral and foreign judgments.

4. the Conference of the Parties serving as the meeting of the Parties to this Protocol evaluates the effectiveness of this article, in accordance with article 31 of the present Protocol.

Section 19. -Contractual clauses 1. Each Party shall encourage, as appropriate, the development, upgrading and using clauses and cross-sectoral standard contractual for the terms agreed by common accord.

2. the Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review the use of clauses contractual sectoral and intersectoral.

Section 20. -Codes of conduct, guidelines and good practices and/or standards 1. Each Party shall encourage, as appropriate, Ielaboration, update and use of codes of conduct voluntary guidelines and good practices and/or standards relating to access and benefit-sharing.

2. the Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review the use of voluntary codes of conduct, guidelines and good practices and/or standards and envisages the adoption of codes of conduct, guidelines and good practices and/or specific standards.

Section 21. -Awareness each Party shall take measures to educate the public to the importance of genetic resources and traditional knowledge associated with genetic resources, and issues related to access and benefit-sharing.

These measures may include, inter alia: a) the promotion of this Protocol, including its objective;

(b) the Organization of meetings of indigenous and local communities and relevant stakeholders;
c) setting up and maintaining offices for assistance to indigenous and local communities and relevant stakeholders;
(d) the dissemination of information through a national clearinghouse);
(e)) the promotion of codes of conduct voluntary, guidelines and good practices and/or standards in consultation with indigenous and local communities and relevant stakeholders;
f) the promotion of exchanges of experience at the national, regional and international levels, as appropriate;
g) education and training of users and providers of genetic resources and traditional knowledge associated with genetic resources concerning their obligations on access and benefit-sharing;
h) the participation of indigenous and local communities and relevant stakeholders in the implementation of this Protocol; and i) awareness of Community protocols and procedures of indigenous and local communities.

Artide 22. -Capacity 1. The Parties shall cooperate in the creation and the development of capacities and the strengthening of human resources and institutional capacities for the effective implementation of this Protocol in the developing countries Parties, in particular in the least developed countries and small island developing States among them, and in Parties with economies in transition including through institutions and organizations global, regional, sub regional and national. In this context, the Parties should facilitate the participation of indigenous and local communities and relevant stakeholders, including non-governmental organizations and the private sector.

2. the needs of the countries in development Parties, in particular those of the least developed countries and the small island developing States among them, and of Parties with economies in transition for financial resources in accordance with the relevant provisions of the Convention, are fully taken into account in the creation and the strengthening of capacities for the purposes of the application of this Protocol.

3. in order to provide a basis for the adoption of appropriate measures for the implementation of this Protocol, the developing country Parties, in particular the least developed countries and small island developing States amongst them, and Parties with economies in transition should identify their needs and their priorities for national capacity-building through national capacity self-assessments. In doing so, these Parties should support the needs and priorities of indigenous and local communities and relevant stakeholders in capabilities identified by them, by putting the emphasis on capacity-building needs and priorities of women.

4. to promote the application of this Protocol, the. creation and capacity-building could include the following critical areas: has) the ability to apply this Protocol and to comply with the obligations resulting therefrom;
b) the ability to negotiate terms agreed by common accord;
(c) the ability to develop, implement and enforce legislative, administrative or policy measures on access and sharing internal benefits; and (d) the capacity of countries to develop their endogenous capacities of research to add value to their own genetic resources.

5. the measures taken pursuant to paragraphs 1 to 4 above may include, among others: has) legal and institutional;
(b) the promotion of equity and justice in the negotiations, e.g. by training in negotiation of terms agreed by common accord;
c) monitoring of compliance with the rules and compliance therewith;
(d) the use of the best tools of communication and Internet systems available for activities relating to access and benefit-sharing);
e) the development and use of assessment methods;
f) bioprospecting, associated research and taxonomic studies;
g) transfer of technology and infrastructure and the technical capacity to ensure its sustainability;
(h) the increase in the contribution of the activities of access and benefit-sharing to the conservation of biological diversity and the sustainable use of its components);
(i) special measures of capacity building of stakeholders in access and benefit-sharing; and (j) of the special measures for capacity-building of indigenous and local communities with emphasis on the capacity of women in these communities, access to genetic resources and/or traditional knowledge associated with genetic resources.

6. the information on the initiatives of creation and capacity-building at the national, regional and international levels in accordance with paragraphs 1 to 5 should be communicated to the clearing-house mechanism on access and the sharing of benefits in order to promote synergies and coordinate the establishment and capacity-building on access and sharing of benefits.


Section 23. -Technology transfer, collaboration and cooperation in accordance with articles 15, 16, 18 and 19 of the Convention, the Parties work together and cooperate in technical and scientific, including biotechnological research activities, research and development programmes in order to achieve the objective of the present Protocol.

The Parties undertake to support and encourage the access of the developing country Parties to technology and the transfer of technology to these countries, in particular least developed countries and small island developing States among them, as well as Parties with economies in transition, in order to promote the development and strengthening of a scientific and technological base strong and viable for the achievement of the objectives of the Convention and the present Protocol. To the extent possible and as appropriate, these activities of collaboraticn are held on the territory and with the participation of the party or Parties providing genetic resources, which are the countries of origin of those resources, or of the Parties that have acquired in accordance with the Convention.

Section 24. -Parties the Parties shall encourage non-parties to respect this Protocol and to communicate to the clearing-house mechanism on access and the sharing of the benefits of appropriate information.

Section 25. -Financial mechanism and financial resources 1. When they examine the issue of financial resources for the implementation of this Protocol, the Parties take into account the provisions of article 20 of the Convention.

2. the financial mechanism of the Convention is the financial mechanism of the Protocol.

3. as regards the creation and strengthening of capacity referred to in article 22 of the present Protocol, the Conference of the Parties serving as the meeting of the Parties to this Protocol takes into account, when it provides guidance on the financial mechanism referred to in paragraph 2 above, for consideration by the Conference of the Parties, the need for financial resources from the developing country Parties in particular the least developed countries and small island developing States among them, and of Parties with economies in transition, as well as capacity-building needs and priorities of the indigenous and local communities, including women in these communities.



4. in the context of paragraph 1 above, the Parties shall also take into account the needs of developing countries Parties, in particular those of the least developed countries and small-island developing among them, as well as those of the Parties with economies in transition, when they strive to identify and meet their needs in the creation and strengthening of capacities for the purposes of the application of this Protocol.

5. the. guidance provided to the financial mechanism of the Convention in relevant decisions of the Conference of the Parties including those agreed before the adoption of this Protocol, shall apply mutatis mutandis, with the provisions of this article.

6. the developed country Parties may also provide financial and other resources resources for the application of provisions of this Protocol, through bilateral, regional and multilateral channels including the developing country Parties and Parties with economies in transition may user.

Section 26. -Conference of the parties serving as the meeting of the parties to this Protocol 1. The Conference of the Parties serves as the meeting of the Parties to this Protocol.

2. Parties to the Convention that are not Parties to this Protocol may participate as an observer in the work of any meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the COP sits as the meeting of the Parties to this Protocol, decisions which are taken pursuant to this Protocol are only by the Parties to this Protocol.


3. when the Conference of the Parties headquarters as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a party to the Convention which is not a party to the Protocol at that time is replaced by a new Member who is elected by the Parties to the Protocol present among them.

4. the Conference of the Parties serving as the meeting of the Parties to this Protocol regularly monitors the implementation of this Protocol and is, within its mandate, the decisions necessary to promote the effective implementation. It carries out the duties assigned to it by this Protocol and: has) make recommendations on any matter concerning the application of this Protocol;
(b) creates the deemed subsidiary bodies needed to implement this Protocol.
(c) appealed and uses, as appropriate, services, cooperation and information provided by international organizations and intergovernmental and non-governmental bodies competent;
(d) determines the presentation and periodicity of the transmission of the information to be provided pursuant to article 29 of this Protocol and consider such information as well as reports submitted by any subsidiary body;
(e) consider and adopt, as appropriate, the amendments to the Protocol and its annex as well as any additional annexes to the Protocol, considered necessary for its implementation; and (f) exercise any other function that may require the application of this Protocol.

5. the rules of procedure of the Conference of the Parties and the financial rules of the Convention shall apply mutatis mutandis to this Protocol, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol by consensus.

6. the first meeting of the Conference of the Parties to the Convention serving as the meeting of the Parties to this Protocol is convened by the Secretariat and held in conjunction with the first meeting of the Conference of the Parties, which will take place after the date of entry into force of this Protocol. Thereafter, ordinary meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol will be held concurrently with regular of the COP meetings, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

7. extraordinary meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol may take place at any time if deemed necessary, by the Conference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of a party, provided that this request is supported by one third of the Parties within six months of its communication to the Parties by the Secretariat.



8. the United Nations, its specialized agencies and the international agency of energy Atomic as well as any member of the said organizations or any observer with such organizations, which is not a party to the Convention, may be represented as an observer at the meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol.

Any body or institution, related national or international, governmental or non governmental, competent in areas covered by this Protocol and which has informed the Secretariat of its wish to be represented as an observer at a meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol, may be admitted unless one third of the Parties present object. The admission and participation of observers are governed by the rules of procedure referred to in paragraph 5 above, unless otherwise provided in this section.

Section 27. -Subsidiary bodies 1. Any subsidiary body established by or by virtue of, the Convention can perform functions in respect of this Protocol, including on decision of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Such a decision specifies the tasks to be undertaken.

2. Parties to the Convention that are not Parties to this Protocol may participate as an observer in any meeting of such a subsidiary body. When a subsidiary body of the Convention as a subsidiary body of this Protocol, decisions under this Protocol are taken only by the Parties to this Protocol.

3. when a subsidiary body of the Convention exercises its functions on matters concerning this Protocol, any member of the Bureau of that subsidiary body representing a party to the Convention which is not party to this Protoccle at this time there is replaced by a new Member who is elected by the Parties to the Protocol present among them.

Section 28. -Secretariat 1. The Secretariat established by article 24 of the Convention acted as Secretariat of this Protocol.

2. paragraph 1 of article 24 of the Convention on the functions of the Secretariat shall apply mutatis mutandis to this Protocol.

3. so far that they are distinct, the costs of secretariat services for this Protocol are supported by the Parties to this Protocol.

At its first meeting, the Conference of the Parties serving as the meeting of the Parties to this Protocol takes the necessary financial provisions.

Section 29. -Monitoring and reporting each Party shall comply with the obligations which under this Protocol and, at regular intervals, and in the form decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol, report to the Conference of the Parties serving as the meeting of the Parties to this Protocol on measures that it has taken to implement its provisions.

Article 30. -Procedures and mechanisms to promote compliance with the provisions of the Protocol, the Conference of the Parties serving as the meeting of the Parties to this protocol reviews and approves, at its first meeting, procedures and institutional cooperation mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance. These procedures and mechanisms contain provisions to provide advice or assistance, if necessary. They are distinct and without prejudice to the procedure and mechanisms of dispute settlement provided in article 27 of the Convention.

Section 31. -Assessment and review the Conference of the Parties serving as the meeting of the Parties to this Protocol shall conduct, four years after the entry into force of the present Protocol, then then at intervals determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, to an assessment of its effectiveness.

Section 32. -Signature this Protocol is open for signature by the Parties to the Convention at the United Nations Headquarters in New York from February 2, 2011, to February 1, 2012.

Section 33. -Entry into force 1. This Protocol between the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession by States or regional economic integration organizations which are Parties to the Convention.

2. the present Protocol enters into force for a State or a regional organization of economic integration which ratifies, accepts, approves it or accedes thereto after the deposit of the fiftieth instrument as referred to in paragraph 1 above, the ninetieth day after the date of deposit by that State or that organization of regional economic integration, of its instrument of ratification, acceptance approhation or accession, or at the time when the Convention enters into force for that State or regional economic integration organisations, whichever is the later date.

3. for the purposes of paragraphs l and 2 above, any instrument deposited by a regional economic integration organisation is considered as coming in addition to the instruments already deposited by States members of the organization.

Section 34. -Reservations no reservation may be made to this Protocol.

Section 35. -Denunciation 1. The expiration of a period of two years from the date of entry into force of this Protocol with respect to a party, that party may denounce this Protocol by written notification to the depositary.

2. the denunciation takes effect upon the expiration of a period of one year from the date of its receipt by the depositary, or on such later date as may be specified in the said notification.

Section 36. -Authentic texts the original of this Protocol, of which the Arabic, Chinese, English, french, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the Organization of the United Nations.

IN witness whereof the undersigned, being duly authorized, have signed this Protocol on the dates indicated.

Made in Nagoya, on 29 October, two thousand and ten.