Indonesia | ABSCH-NR-ID-239223 | Interim National Reports on the Implementation of the Nagoya Protocol | Access and Benefit-Sharing Clearing-House

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Interim National Reports on the Implementation of the Nagoya Protocol (NR)

ABSCH-NR-ID-239223-1 | PDF | Print |

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last updated: 27 Nov 2017

General Information

Country

No country selected.

1. Title of this national report

Interim national report on the implementation of the Nagoya Protocol

2. Contact person

- Person: Ir. Bambang Dahono Adji MM.,Msi | ABSCH-CON-ID-238973-1 This document has been updated. This is not the latest published version. Click here to view the latest version of the record.

Person:

Ir. Bambang Dahono Adji MM.,Msi

Director of Biodiversity Conservation – Directorat General of Conservation on Natural Resources and Ecosytem,

Phone: +6221-5720227,

Fax:

Email: nfpcbd@menlhk.go.id,

Website:

To view the current National Focal Point information, click here.

Institutional structures for the implementation of the Protocol

3. Has your country made the information available to the ABS Clearing-House as provided in Article 14.2?

Please provide a summary of the main difficulties and challenges encountered and answer all the following questions.

The Indonesian Government has ratified the Nagoya Protocol through Law 11 of 2013, and has partially implemented the ABS principles using existing national regulations which not explicitly state about ABS instutional arrengement, thus the information has not been published at ABS CH.

Please provide further information

4. Has your country taken legislative, administrative and policy measures on ABS?

Yes

Please provide a summary of the main difficulties and challenges encountered in setting up these measures.

Please provide further information

Regulations related to access to genetic resources are set in sectorals but there is no arrangement about benefit sharing as mandated by Nagoya Protocol, so intensive coordination is required and new regulation that cover benefit sharing provision is needed. Currently the Indonesian government is preparing legal basis for ABS according to Nagoya Protocol by formulating draft of ABS law. Indonesia has already set up a national strategy and action on the implementation of Nagoya Protocol since 2011.

The ABS Clearing-House unique ID containing relevant information

5. Has your country designated a national focal point as provided in Article 13?

Yes

Please provide a summary of the main difficulties and challenges encountered for designating a national focal point.

National Focal Point Indonesia is Director General of Conservation on Natural Resources and Ecosystem – Ministry of Environment and Forestry

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

6. Has your country designated one or more competent national authorities as provided in Article 13?

Yes

Please provide a summary of the main difficulties and challenges encountered for designating one or more competent national authority.

Use the text entry to provide further information

We adopted national competent authorities in Indonesia according to Presidential Regulation No. 165 on 2014 Penataan tugas dan fungsi cabinet kerja NCA(s) are designated base on main duties and function of every sector (ministry) related to Genetic Resources, refering Presidential Regulation No. 165/2014 i.e Ministry of Agricultural, Ministry of Environment and Forestry, Ministry of Marine Affairs and Fisheries, Ministry of Health

The ABS Clearing-House unique ID containing relevant information

7. Has your country made available to the ABS Clearing-House permits or their equivalent issued at the time of access as evidence of the decision to grant prior informed consent (PIC) and of the establishment of mutually agreed terms (MAT)?

No selection made

Please provide a summary of the main difficulties and challenges encountered for making this information available.

Use the text entry to provide further information.

Regulations on the procedures for granting access permits at Access Clearing and Advantage Sharing are still in process of ratification Indonesia still uses the applicable sampling permit procedure in accordance with prevailing laws and regulations and has not been through the ABS CH.

The ABS Clearing-House unique ID containing relevant information

8. Has your country made available to the ABS Clearing-House permits or their equivalent for the constitution of an internationally recognized certificate of compliance in accordance with Article 17.2?

Not applicable, since no access requirements are in place

No selection made

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

9. Has your country designated one or more checkpoints as provided in Article 17?

Yes

Please provide a summary of the main difficulties and challenges encountered for designating one or more checkpoints:

Currently Check points are designated limited only for GR access by Foreign researcher through out the custom and Quarantin, Research and Higher Education, Ministry Environment and Education

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

10. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Legislative, administrative or policy measures on access and benefit-sharing (ABS measures)

Access to genetic resources (Article 6)

11. Is access to genetic resources subject to PIC as provided in Article 6.1?

Yes

Please provide further information including indicating if there is any other system in place in relation to access to genetic resources

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

12. Does your country have fair and non-arbitrary rules and procedures on accessing genetic resources as provided in Article 6.3 (b)?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

13. Does your country provide information on how to apply for PIC as provided in Article 6.3(c)?

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

14. Does your country provide for a clear and transparent written decision by a competent national authority as provided in Article 6.3 (d)?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

15. Does your country provide for the issuance at the time of access of a permit or its equivalent as provided in Article 6.3 (e)?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

16. Please provide the number of permits or their equivalents made available through the ABS-Clearing-House since the entry into force of the Protocol for your country.

No answer provided

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

17. Does your country have rules and procedures for requiring and establishing MAT as provided in Article 6.3 (g)?

Yes

Use the text entry to provide further information

The terms that should be included in the MAT already set out in some existing regulations regarding to cooperation and collaboration particulary on research and development activities.

The ABS Clearing-House unique ID containing relevant information

18. Benefits received since entry into force of the Protocol for your country from the utilization of:

Genetic resources

Yes

Monetary benefits

Yes

Non-monetary benefits

Yes

joint publication, capacity buildin

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

19. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Fair and equitable benefit-sharing (Article 5)

20. Has your country taken legislative, administrative or policy measures to implement Article 5.1 that provides that benefits arising from the utilization of genetic resources as well as subsequent applications and commercialization are shared with the Party providing such resources that is the country of origin of such resources or a Party that has acquired the genetic resources in accordance with the Convention as provided in Article 5.3?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

21. Has your country taken legislative, administrative or policy measures with the aim of ensuring that the benefits from the utilization of genetic resources held by indigenous and local communities, in accordance with domestic legislation regarding the established rights of these indigenous and local communities over these genetic resources, are shared with the indigenous and local communities concerned as provided in Article 5.2?

Yes

Use the text entry to provide further information

Local government regulation (governor level) regarding: recognition and protection of indigenous peoples' rights (8 to 11 indigenous peoples)

The ABS Clearing-House unique ID containing relevant information

22. Has your country taken legislative, administrative or policy measures in order that benefits arising from the utilization of traditional knowledge associated with genetic resources are shared with indigenous and local communities holding such knowledge as provided in Article 5.5?

Yes

Use the text entry to provide further information

The Government of Indonesia has taken legislative, administrative action through Regulation of the Minister of Environment No. 34/MenLHK/Setjen/Kum.1/2017 on Recognation and Protection of Local Wisdom in The Management of Natural Resources and the Environment that include provisions for utilization of traditional knowledge associated with genetic resources.

The ABS Clearing-House unique ID containing relevant information

23. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Compliance with domestic legislation or regulatory requirements on ABS (Article 15 and Article 16) and monitoring the utilization of genetic resources (Article 17)

24. Has your country taken appropriate, effective and proportionate legislative, administrative or policy measures to provide that genetic resources utilized within your jurisdiction have been accessed in accordance with PIC and that MAT have been established as required by the domestic ABS legislation or regulatory requirements of the other Party as provided in Article 15.1?

Please indicate whether your country has taken measures to address situations of non-compliance with those measures as provided in Article 15.2?

No selection made

Please provide further information on the measures taken, including when they entered into force

Please provide further information on cases of non-compliance

Have there been specific cases in which your country cooperated with other Parties in cases of alleged violation of ABS measures as provided in Article 15.3?

No selection made

Please provide further information

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

25. Has your country taken appropriate, effective and proportionate legislative, administrative or policy measures to provide that traditional knowledge associated with genetic resources utilized within your jurisdiction has been accessed in accordance with PIC or approval and involvement of indigenous and local communities and that MAT have been established as required by the domestic ABS legislation or regulatory requirements of the other Party where such indigenous and local communities are located as provided in Article 16.1?

Yes

Please indicate whether your country has taken measures to address situations of non-compliance with those measures as provided in Article 16.2?

Has your country cooperated in specific cases of alleged violation of ABS measures as provided in Article 16.3?

Please provide further information

Regulation of Ministry Environment and Forestry No 34 /2017 has just been set this year so it has not measured its effectiveness

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

26. Does your country require users of genetic resources to provide information related to PIC, to the source of the genetic resource, to the establishment of MAT and/or utilization of genetic resources at a designated checkpoint, as appropriate, as provided in Article 17.1 (a)(i) and (ii))?

Yes

Please provide further information

for foreign researchers who will access genetic resources in Indonesia, there must be a license under Government Regulation No. 41 of 2006 and Forestry Ministerial Decree No. 447 of 2003

Has your country taken measures to address situations of non-compliance?

Yes

Please provide further information

There is an obligation to disclose the origins of the Patent Law

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

27. Has your country provided the information referred to in Article 17.1 (a)(i) to relevant national authorities, to the Party providing PIC and to the ABS Clearing-House as provided in Article 17.1 (a)(iii)

Has your country made use of the checkpoint communique?

Not selected

Please provide further information

Please provide a summary of the main difficulties and challenges for putting measures in place:

Any other relevant documents

28. Has your country taken measures to encourage users and providers to include provisions in MAT to share information on the implementation of such terms as provided in Article 17.1(b)?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

29. Is your country encouraging the use of cost-effective communication tools and systems as provided in Article 17.1 (c)?

Yes

Please provide further information on how your country is encouraging the use of cost-effective communication tools and systems.

Some initiatives to build integrated on line based system / mechanism have already set out

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

30. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Compliance with mutually agreed terms (MAT) (Article 18)

31. Is your country encouraging the inclusion of provisions in MAT to cover dispute resolution as provided in Article 18.1 (a) (b) and (c)?

Not applicable, since no access requirements are in place

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

32. Does your country ensure that opportunity to seek recourse is available under your legal systems in cases of disputes arising from MAT as provided in Article 18.2?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

33. Has your country taken measures regarding the following points as provided in Article 18.3?

Access to justice?

Yes

Please provide further information

Utilization of mechanisms regarding mutual recognition and enforcement of foreign judgements and arbitral awards?

Yes

Please provide further information

The ABS Clearing-House unique ID containing relevant information

34. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Special considerations (Article 8)

35. In the development and implementation of ABS legislation or regulatory requirements has your country:

Created conditions to promote and encourage research which contributes to the conservation and sustainable use of biodiversity including through simplified measures on access for non-commercial research purposes, taking into account the need to address a change of intent for such research as provided in Article 8(a)?

Yes

Please provide further information

The ABS Clearing-House unique ID containing relevant information

Paid due regard to cases of present or imminent emergencies that threaten or damage human, animal or plant health as provided in Article 8(b)?

Please provide further information

The ABS Clearing-House unique ID containing relevant information

Taken into consideration the need for expeditious access to genetic resources and expeditious fair and equitable sharing of benefits arising out of the use of such genetic resources, including access to affordable treatments by those in need, especially, in developing countries as provided in Article 8(b)?

Please provide further information

The ABS Clearing-House unique ID containing relevant information

Considered the importance of genetic resources for food and agriculture and their special role for food security as provided in Article 8 (c)?

Yes

Please provide further information

The ABS Clearing-House unique ID containing relevant information

36. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Provisions related to indigenous and local communities (Articles 6, 7 and 12)

37. Does your country have indigenous and local communities?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

38. Do indigenous and local communities have the established right to grant access to genetic resources according to your domestic law? (Article 6.2)

Yes

Please provide further information and reference to the domestic law establishing rights of indigenous and local communities to grant access to genetic resources

The ABS Clearing-House unique ID containing relevant information

Does your country have measures in place with the aim of ensuring that the prior informed consent or approval and involvement of indigenous and local communities is obtained as provided in Article 6.2?

Yes

Please provide further information

Has your country set out criteria and/or process for obtaining prior informed consent or approval and involvement of indigenous and local communities for access to genetic resources in Article 6.3(f)?

Yes

Please provide further information

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

39. In accordance with domestic law has your country taken measures with the aim of ensuring that traditional knowledge associated with genetic resources that is held by indigenous and local communities within your country is accessed with the PIC or approval and involvement of these indigenous and local communities and that MAT have been established as provided in Article 7?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

40. In implementing the Protocol and in accordance with your domestic law, is your country taking into consideration indigenous and local communities’ customary laws, community protocols and procedures with respect to traditional knowledge associated with genetic resources as provided in Article 12.1?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

41. Has your country established mechanisms to inform potential users of traditional knowledge associated with genetic resources about their obligations as provided in Article 12.2?

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

42. Is your country supporting the development by indigenous and local communities of the following tools as provided in Article 12.3?

No selection made

Community protocols

Yes

Please provide further information on how your country is supporting the development of community protocols.

Indonesia supporting the development by indigenous and local communities by establishing several regulations such as Regulation of The Minister of Home Affair No. 52/2014 on Guidelines For Indigenous Rules And Protection Of Indigenous Peoples and Regulation of The Minister of Environment and Forestry Number P.34/MenLHK/Setjen/Kum.1/5/2017 on Recognation and Protection of Local Wisdom ine Management of Natural Resources and Environment.

The ABS Clearing-House unique ID containing relevant information

Minimum requirements for mutually agreed terms

Yes

Please provide further information on how your country is supporting the development of minimum requirements mutually agreed terms.

The ABS Clearing-House unique ID containing relevant information

Model contractual clauses

No selection made

Please provide further information on how your country is supporting the development of model contractual clauses.

The ABS Clearing-House unique ID containing relevant information

43. Has your country endeavoured not to restrict the customary use and exchange of genetic resources and associated traditional knowledge within and among indigenous and local communities as provided in Article 12.4?

Yes

Use the text entry to provide further information

The provision has already incorporated into legislation draft regarding genetic resources and traditional knowledge.

The ABS Clearing-House unique ID containing relevant information

44. Additional Information:

No selection made

No additional information provided.

Please provide a summary of the main difficulties and challenges for putting measures in place in relation to traditional knowledge associated with genetic resources:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Contribution to conservation and sustainable use (Article 9)

45. Is your country encouraging users and providers to direct benefits arising from the utilization of genetic resources towards the conservation of biological diversity and sustainable use of its components as provided in Article 9?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

46. Please indicate how the implementation of the Nagoya Protocol has contributed to conservation and sustainable use of biodiversity in your country:

No answer provided

The Nagoya Protokol ensures that any uses of genetic resources will benefit Indonesia as a provider of genetic resources. Access permit would be granted considering conservation and sustainability of The genetic resources.

The ABS Clearing-House unique ID containing relevant information

47. Additional Information:

No additional information provided.

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Transboundary cooperation (Article 11)

48. Is your country endeavouring to cooperate, with the involvement of indigenous and local communities concerned, with a view to implementing the Protocol in instances where the same genetic resources are found in situ within the territory of more than one Party as provided in Article 11.1?

Yes

If your country has indigenous and local communities, please provide further detail of their involvement.

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

49. Is your country endeavouring to cooperate with a view to implementing the Protocol in instances where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties as provided in Article 11.2?

Not applicable, since there are no indigenous and local communities in my country

Use the text entry to provide further information

No case found

The ABS Clearing-House unique ID containing relevant information

50. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Model contractual clauses, codes of conduct, guidelines and best practices and/or standards (Article 19 and 20)

51. Is your country encouraging the development, update and use of model contractual clauses for MAT as provided in Article 19?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

52. Is your country encouraging the development, update and use of codes of conduct, guidelines and best practices or standards as provided in Article 20?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

53. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Awareness-raising and capacity (Article 21 and 22)

54. Has your country taken measures to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources and related access and benefit-sharing issues as provided in Article 21?

Yes

Has your country taken measures to implement the awareness-raising strategy for the Nagoya Protocol on ABS? Adopted as descision NP-1/9

Yes

Please provide a summary of the measures taken.

Indonesia has conducts several workshop/ seminar that aims to increased awareness about the importance of genetic resources and traditional knowledge asociated to Genetic Resources

The ABS Clearing-House unique ID containing relevant information

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

55. Has your country taken measures to build and develop capacity and strengthening of human resources and institutional capacities to effectively implement the Protocol as provided in Article 22?

Yes

Has your country taken measures to implement the strategic framework for capacity-building and development to support effective implementation of the Nagoya Protocol on ABS?

Yes

Please provide a summary of the measures taken.

In order to build and develop capacity and strengthening of human resources and institutional capacity to implement the Nagoya Protocol, Indonesia has participated in various Regional and International meetings/trainings/workshops

The ABS Clearing-House unique ID containing relevant information

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

56. Has your country received external support for building and developing capacity for the implementation of the Nagoya Protocol?

Yes

Use the text entry to provide further information

Indonesia received support through Asean Center for Biodiversity, International Development of Law Organization

The ABS Clearing-House unique ID containing relevant information

57. Has your country provided external support for building and developing capacity for the implementation of the Nagoya Protocol?

Yes

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

58. Additional Information:

No additional information provided

Please provide a summary of the main difficulties and challenges for putting measures in place:

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Technology transfer, collaboration and cooperation (Article 23)

59. Is your country collaborating and cooperating in technical and scientific research and development programmes as a means to achieve the objective of the Protocol as provided in Article 23?

Yes

Please provide a summary of the measures taken.

Collaboration and cooperation in technical and scientific Research and Development such as which ABS Task Force-Japan, Consortium Research Cooperation (CRC) Indonesia – Germany.

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

Optional additional information

60. Please provide a summary of the main difficulties and challenges encountered for becoming a Party to the Nagoya Protocol.

No additional information provided

Awareness of genetic resources and its access and benefit sharing importance to the parliementary and other stakeholders

The ABS Clearing-House unique ID containing relevant information

61. Has your country established a mechanism for budgetary allocations of funds for the implementation of the Nagoya Protocol?

Yes

Please provide further information

There is national budget for implementation of Nagoya Protocol that managed by each Ministry

Please provide a summary of the main difficulties and challenges encountered.

Use the text entry to provide further information. including on experiences gained in relation to mobilization of resources to support the implementation of the Nagoya Protocol and the status of funds mobilized (level of domestic expenditures, or the amount of and trends in funding allocated, for the implementation of the Protocol and the funding gap)

The ABS Clearing-House unique ID containing relevant information

62. a) Has your country made financial resources available to other Parties or received financial resources from other Parties or financial institutions for the purposes of implementation of the Protocol as provided in Article 25?

Use the text entry to provide further information, .including on the status of financial resources (total amount) mobilized donated or received for the purposes of implementation of the Protocol

The ABS Clearing-House unique ID containing relevant information

62. b). Please provide information on experiences related to the mobilization of resources in support of the implementation of the Protocol.

Cooperation with the Ministry of Research, Technology and Higher Education, Institute of Science and University to conduct Dissemination regarding Nagoya Protocol

62. c). Please provide information on the status of funds mobilized in support of the implementation of the Protocol.

Each year Indonesia allocated more or less 10% for the implementation of Protocol, from total budget of Biodiversity conservation unit.

63. Does your country have specific staff to administer functions directly related to the implementation of the Nagoya Protocol?

Yes

Please indicate how many

Less than 10

Please provide a summary of the main difficulties and challenges encountered.

Use the text entry to provide further information

The ABS Clearing-House unique ID containing relevant information

64. Any other relevant information:

No information provided

The ABS Clearing-House unique ID containing relevant information

Any other relevant documents

Comments in the reporting format

65. Please provide any comment that you may have regarding the format of this report:

No information provided

ABSCH-NR-ID-239223-1 Report

This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.

This document has been updated. This is not the latest published version. Click here to view the latest version of the record.

Comparing version with latest version 1

Quick links

About the ABS Clearing-House About the Nagoya Protocol
Search records Country profiles Submit records

Need help?

Contact us Introduction to the ABSCH Getting started Information sharing obligations How monitoring utilization works Interoperability Offline common formats

THE CONVENTION ON BIOLOGICAL DIVERSITY

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A part of

This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.

This document has been updated. This is not the latest published version. Click here to view the latest version of the record.

Comparing version with latest version 1 Close comparison

Quick links

About the ABS Clearing-House About the Nagoya Protocol Search records Country profiles Submit records

Need help?

Contact us Introduction to the ABSCH Getting started Information sharing obligations How monitoring utilization works Interoperability Offline common formats

THE CONVENTION ON BIOLOGICAL DIVERSITY

Quick Links

Topics

Information

A part of

Comparing version with latest version 1

About the ABS Clearing-House About the Nagoya Protocol
Search records Country profiles Submit records