Tag Article | Access and Benefit-Sharing Clearing-House

Accessing GR in a country that is not Party to the Protocol? What are my obligations?

  17 Feb 2022

Regardless of whether a country is a Party to the Nagoya Protocol, users of genetic resources must comply with the access and benefit-sharing (ABS) requirements of the country providing the genetic resource.  Although a country may not yet be Party to the Nagoya Protocol, they may have relevant ABS measures in place in accordance with Article 15 of the Convention on Biological Diversity.  As a researcher you are encouraged to contact the ABS National Focal Point in that country to find more information on whether the activity falls within the scope of their ABS measure and to understand the requirements that would apply to the specific case.  The contact details of the National Focal Point as well as information on each country’s ABS legislation are available in the country profile page on the ABS Clearing-House: https://absch.cbd.int/countries/.

In addition, researchers in academic institutions that are based in countries that are party to the Nagoya Protocol should make sure that their activities comply with local ABS legislation. The host country may, for instance, have measures in place to ensure that users of genetic resources within its jurisdiction comply with the ABS requirements of countries providing the genetic resources.  In this regard, researchers are also encouraged to contact their national focal point for more information. You can find all relevant information in the country profile: https://absch.cbd.int/countries/