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Nagoya Protocol

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity

Number of parties: 98

Theme: Biological Diversity

Abstract: The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is an international agreement ...more »

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Entry into force: 29-Oct-2010

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    • Preamble

      • The Parties to this Protocol,
      • 1. Being Parties to the Convention on Biological Diversity, hereinafter referred to as “the Convention”,
      • 2. Recalling that the fair and equitable sharing of benefits arising from the utilization of genetic resources is one of three core objectives of the Convention, and recognizing that the Protocol pursues the implementation of this objective within the Convention, Access and Benefit Sharing
        Access to genetic resources
        Genetic Resources
      • 3. Reaffirming the sovereign rights of States over their natural resources and according to the provisions of the Convention, State Sovereignty
      • 4. Recalling further Article 15 of the Convention,
      • 5. Recognizing the important contribution to sustainable development made by technology transfer and cooperation to build research and innovation capacities for adding value to genetic resources in developing countries, in accordance with Articles 16 and 19 of the Convention, Technology Transfer
      • 6. Recognizing that public awareness of the economic value of ecosystems and biodiversity and the fair and equitable sharing of this economic value with the custodians of biodiversity are key incentives for the conservation of biological diversity and the sustainable use of its components, Public Awareness
      • 7. Acknowledging the potential role of access and benefit-sharing to contribute to the conservation and sustainable use of biological diversity, poverty eradication and environmental sustainability and, thereby contributing to achieving the Millennium Development Goals, Sustainable Development
        Conservation
        Poverty Alleviation
      • 8. Acknowledging the linkage between access to genetic resources and the fair and equitable sharing of benefits arising from the utilization of such resources, Access and Benefit Sharing
        Access to genetic resources
      • 9. Recognizing the importance of providing legal certainty with respect to access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, Access to Justice
      • 10. Further recognizing the importance of promoting equity and fairness in negotiation of mutually agreed terms between providers and users of genetic resources, Mutually Agreed Terms
      • 11. Recognizing also the vital role that women play in access and benefit sharing and affirming the need for the full participation of women at all levels of policy making and implementation for biodiversity conservation, Gender
      • 12. Determined to further support the effective implementation of the access and benefit-sharing provisions of the Convention, Implementation
        Access and Benefit Sharing
      • 12bis. Recognizing that an innovative solution is required to address the fair and equitable sharing of benefits derived from the utilisation of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent,
      • 13. Recognizing the importance of genetic resources to food security, public health, biodiversity conservation, and the mitigation and adaptation to climate change, Climate Change
        Adaptation
        Mitigation
        Genetic Resources
        Food Security
      • 14. Recognizing the special nature of agricultural biodiversity, its distinctive features and problems needing distinctive solutions, Plant Genetic Resources and Agricultural Biodiversity
      • 15. Recognizing the interdependence of all countries with regard to genetic resources for food and agriculture as well as their special nature and importance for achieving food security worldwide and for sustainable development of agriculture in the context of poverty alleviation and climate change and acknowledging the fundamental role of the International Treaty on Plant Genetic Resources for Food and Agriculture and the FAO Commission on Genetic Resources for Food and Agriculture in this regard, Sustainable Development
        Sustainable Agriculture
        Climate Change
        Poverty Alleviation
        Genetic Resources
        Food Security
        Plant Genetic Resources and Agricultural Biodiversity
      • 16. Mindful of the International Health Regulations (2005) of the World Health Organization and the importance of ensuring access to human pathogens for public health preparedness and response purposes, Relationship between Instruments
        Risk Assessments
        Risk Management
        Pathogens
      • 17. Acknowledging ongoing work in other international fora relating to access and benefit-sharing, International Cooperation and Coordination
      • 18. Recalling the Multilateral System of Access and Benefit-sharing established under the International Treaty on Plant Genetic Resources for Food and Agriculture developed in harmony with the Convention, Multilateral System
      • 19. Recognizing that international instruments related to access and benefit-sharing should be mutually supportive with a view to achieving the objectives of the Convention, Treaty Law
        Relationship between Instruments
      • 20. Recalling the relevance of Article 8(j) of the Convention as it relates to traditional knowledge associated with genetic resources and the fair and equitable sharing of benefits arising from the utilization of such knowledge, Intragenerational Interests and Needs (Rio Principle 6)
        Traditional Knowledge
        Genetic Resources
      • 21. Noting the interrelationship between genetic resources and traditional knowledge, their inseparable nature for indigenous and local communities, the importance of the traditional knowledge for the conservation of biological diversity and the sustainable use of its components, and for the sustainable livelihoods of these communities, Biological Diversity
        Sustainable Use and Wise Management
        Indigenous People
        Traditional Knowledge
        local communities
        Genetic Resources
      • 22. Recognizing the diversity of circumstances in which traditional knowledge associated with genetic resources is held or owned by indigenous and local communities, Indigenous People
        Traditional Knowledge
        local communities
      • 23. Mindful that it is the right of indigenous and local communities to identify the rightful holders of their traditional knowledge associated with genetic resources, within their communities, Access to Justice
        Intellectual Property
        Genetic Resources
      • 24. Further recognizing the unique circumstances where traditional knowledge associated with genetic resources is held in countries, which may be oral, documented or in other forms, reflecting a rich cultural heritage relevant for conservation and sustainable use of biological diversity, Conservation
        Sustainable Use and Wise Management
        Traditional Knowledge
        Cultural and natural heritage
      • 25. Noting the United Nations Declaration on the Rights of Indigenous Peoples, and Relationship between Instruments
        Indigenous People
      • 26. Affirming that nothing in this Protocol shall be construed as diminishing or extinguishing the existing rights of indigenous and local communities, Indigenous People
        local communities
      • Have agreed as follows:
    • Article 1 Objective
      Technology Transfer
      Biological Diversity
      Conservation
      Sustainable Use and Wise Management
      Access and Benefit Sharing
      Access to genetic resources

    • Article 2 Use of Terms

      • The terms defined in Article 2 of the Convention shall apply to this Protocol. In addition, for the purposes of this Protocol:
      • (a) “Conference of the Parties” means the Conference of the Parties to the Convention;
      • (b) “Convention” means the Convention on Biological Diversity;
      • (c) “Utilization of genetic resources” means to conduct research and development on the genetic and/or biochemical composition of genetic material, including through the application of biotechnology as defined in Article 2 of the Convention. Research and Development
        Biotechnology
        Genetic Resources
      • (d) “Biotechnology” as defined in Article 2 of the Convention means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use. Derivative
        Biotechnology
      • (e) “Derivative” means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity. Derivative
    • Article 3 Scope

      • 1. This Protocol shall apply to genetic resources within the scope of Article 15 of the Convention and to the benefits arising from the utilization of such resources. This Protocol shall also apply to traditional knowledge associated with genetic resources within the scope of the Convention and to the benefits arising from the utilization of such knowledge. Access and Benefit Sharing
        Traditional Knowledge
        Genetic Resources
    • Article 3 bis - Relationship with International Agreements and Instruments
      Relationship between Instruments

      • 1. The provisions of this Protocol shall not affect the rights and obligations of any Party deriving from any existing international agreement, except where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity. This paragraph is not intended to create a hierarchy between this Protocol and other international instruments. Treaty Law
        Treaty
        Relationship between Instruments
      • 2. Nothing in this Protocol shall prevent the Parties from developing and implementing other relevant international agreements, including other specialised access and benefit-sharing agreements, provided that they are supportive of and do not run counter to the objectives of the Convention and this Protocol.
      • 3. This Protocol shall be implemented in a mutually supportive manner with other international instruments relevant to this Protocol. Due regard should be paid to useful and relevant ongoing work or practices under such international instruments and relevant international organizations, provided that they are supportive of and do not run counter to the objectives of the Convention and this Protocol.
      • 4. This Protocol is the instrument for the implementation of the access and benefit-sharing provisions of the Convention. Where a specialised international access and benefit-sharing instrument applies that is consistent with, and does not run counter to the objectives of the Convention and this Protocol, this Protocol does not apply for the Party or Parties to the specialised instrument in respect of the specific genetic resource covered by and for the purpose of the specialised instrument.
    • Article 4 Fair and Equitable Benefit-Sharing

      • 1. In accordance with Article 15, paragraphs 3 and 7 of the Convention, benefits arising from the utilization of genetic resources as well as subsequent applications and commercialization shall be shared in a fair and equitable way 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. Such sharing shall be upon mutually agreed terms. Intragenerational Interests and Needs (Rio Principle 6)
        Access and Benefit Sharing
        Mutually Agreed Terms
      • 1 bis. Each Party shall take legislative, administrative or policy measures, as appropriate, with the aim of ensuring that benefits arising from the utilization of genetic resources that are 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 in a fair and equitable way with the communities concerned, based on mutually agreed terms. Access and Benefit Sharing
        Indigenous People
        local communities
        Genetic Resources
      • 2. To implement paragraph 1, each Party shall take legislative, administrative or policy measures, as appropriate. Implementation
      • 3. Benefits may include monetary and non monetary benefits, including but not limited to those listed in the Annex. Access and Benefit Sharing
      • 4. Each Party shall take legislative, administrative or policy measures as appropriate, in order that the benefits arising from the utilization of traditional knowledge associated with genetic resources are shared in a fair and equitable way with indigenous and local communities holding such knowledge. Such sharing shall be upon mutually agreed terms. Indigenous People
        local communities
        Mutually Agreed Terms
    • Article 5 Access to Genetic Resources
      Access to genetic resources

    • Article 5 bis - Access to Traditional Knowledge Associated with Genetic Resources
      Implementation
      Traditional Knowledge
      Genetic Resources

      • In accordance with domestic law, each Party shall take measures, as appropriate, with the aim of ensuring that traditional knowledge associated with genetic resources that is held by indigenous and local communities is accessed with the prior and informed consent or approval and involvement of these indigenous and local communities, and that mutually agreed terms have been established. Implementation
        Traditional Knowledge
        Genetic Resources
    • Article 6 Special considerations

    • Article 7 - Contribution to Conservation and Sustainable Use
      Biological Diversity
      Conservation
      Sustainable Use and Wise Management
      Access and Benefit Sharing

    • Article 7 bis Global Multilateral Benefit-Sharing Mechanism
      Conservation
      Sustainable Use and Wise Management
      Access and Benefit Sharing
      Traditional Knowledge
      Genetic Resources
      Benefit-Sharing

      • Parties shall consider the need for and modalities of a global multilateral benefit-sharing mechanism to address the fair and equitable sharing of benefits derived from the utilisation of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared by users of genetic resources and traditional knowledge associated with genetic resources through this mechanism shall be used to support the conservation of biological diversity and the sustainable use of its components globally. Conservation
        Sustainable Use and Wise Management
        Access and Benefit Sharing
        Traditional Knowledge
        Genetic Resources
        Benefit-Sharing
    • Article 8 Transboundary Cooperation

      • 1. In instances where the same genetic resources are found in-situ within the territory of more than one Party, those Parties shall endeavour to cooperate, as appropriate, with the involvement of indigenous and local communities concerned, where applicable, with a view to implementing this Protocol.
      • 2. Where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties, those Parties shall endeavour to cooperate, as appropriate, with the involvement of the indigenous and local communities concerned, with a view to implementing the objective of this Protocol. International Cooperation and Coordination
        Access and Benefit Sharing
    • Article 9 Traditional Knowledge Associated with Genetic Resources

      • 1. In implementing their obligations under this Protocol, Parties shall in accordance with domestic law take into consideration indigenous and local communities’ customary laws, community protocols and procedures, as applicable, with respect to traditional knowledge associated with genetic resources. Traditional Knowledge
        Customs
        Genetic Resources
      • 2. Parties, with the effective participation of the indigenous and local communities concerned, shall establish mechanisms to inform potential users of traditional knowledge associated with genetic resources about their obligations, including measures as made available through the Access and Benefit-sharing Clearing-House for access to and fair and equitable sharing of benefits arising from the utilization of such knowledge. Clearing House Mechanism
      • 3. Parties shall endeavour to support, as appropriate, the development by indigenous and local communities, including women within these communities, of: Gender
      • (a) Community protocols in relation to access to traditional knowledge associated with genetic resources and the fair and equitable sharing of benefits arising out of the utilization of such knowledge;
      • (b) Minimum requirements for mutually agreed terms to secure the fair and equitable sharing of benefits arising from the utilization of traditional knowledge associated with genetic resources; and
      • (c) Model contractual clauses for benefit-sharing arising from the utilization of traditional knowledge associated with genetic resources.
      • 4. Parties, in their implementation of this Protocol, shall, as far as possible, not restrict the customary use and exchange of genetic resources and associated traditional knowledge within and amongst indigenous and local communities in accordance with the objectives of the Convention. Customs
    • Article 10 National Focal Points and Competent National Authorities
      National Focal Points
      Information Exchange and Knowledge Management
      Clearing House Mechanism

      • 1. Each Party shall designate a national focal point on access and benefit-sharing. The national focal point shall make information available as follows:
      • (a) For applicants seeking access to genetic resources, information on procedures for obtaining prior informed consent and establishing mutually agreed terms, including benefit-sharing;
      • (b) For applicants seeking access to traditional knowledge associated with genetic resources, where possible, information on procedures for obtaining prior informed consent or approval and involvement, as appropriate, of indigenous and local communities and establishing mutually agreed terms including benefit-sharing; and
      • (c) Information on competent national authorities, relevant indigenous and local communities and relevant stakeholders.
      • The national focal point shall be responsible for liaison with the Secretariat.
      • 2. Each Party shall designate one or more competent national authorities on access and benefit-sharing. Competent national authorities shall, in accordance with applicable national legislative, administrative or policy measures, be responsible for granting access or, as applicable, issuing written evidence that access requirements have been met and be responsible for advising on applicable procedures and requirements for obtaining prior informed consent and entering into mutually agreed terms.
      • 3. A Party may designate a single entity to fulfil the functions of both focal point and competent national authority.
      • 4. Each Party shall, no later than the date of entry into force of this Protocol for it, notify the Secretariat of the contact information of its national focal point and its competent national authority or authorities. Where a Party designates more than one competent national authority, it shall convey to the Secretariat, with its notification thereof, relevant information on the respective responsibilities of those authorities. Where applicable, such information shall, at a minimum, specify which competent authority is responsible for the genetic resources sought. Each Party shall forthwith notify the Secretariat of any changes in the designation of its national focal point or in the contact information or responsibilities of its competent national authority or authorities.
      • 5. The Secretariat shall make information received pursuant to paragraph 4 available through the Access and Benefit-sharing Clearing-House. Clearing House Mechanism
    • Article 11 The Access and Benefit-Sharing Clearing-House and Information Sharing

      • 1. An Access and Benefit-sharing Clearing-House is hereby established as part of the clearing house mechanism under Article 18, paragraph 3, of the Convention. It shall serve as a means for sharing of information related to access and benefit-sharing. In particular, it shall provide access to information made available by each Party relevant to the implementation of this Protocol.
      • 2. Without prejudice to the protection of confidential information, each Party shall make available to the Access and Benefit-sharing Clearing-House any information required by this Protocol, as well as information required pursuant to the decisions taken by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The information shall include:
      • (a) Legislative, administrative and policy measures on access and benefit-sharing;
      • (b) Information on the national focal point and competent national authority(ies); and
      • (c) Permits or their equivalent issued at the time of access as evidence of the decision to grant prior informed consent and of the establishment of mutually agreed terms.
      • 3. Additional information, if available and as appropriate, may include:
      • (a) Relevant competent authorities of indigenous and local communities, and information as so decided;
      • (b) Model contractual clauses;
      • (c) Methods and tools developed to monitor genetic resources; and
      • (d) Codes of conduct and best practices.
      • 4. The modalities of the operation of the Access and Benefit-sharing Clearing-House, including reports on its activities, shall be considered and decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first meeting, and kept under review thereafter.
    • Article 12 Compliance With Domestic Legislation or Regulatory Requirements on Access And Benefit-Sharing
      Compliance and Enforcement
      Traditional Knowledge

      • 1. Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures to provide that genetic resources utilized within its jurisdiction have been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the other Party. Compliance and Enforcement
      • 2. Parties shall take appropriate, effective and proportionate measures to address situations of non-compliance with measures adopted in accordance with paragraph 1. Compliance and Enforcement
      • 3. Parties shall, as far as possible and as appropriate, cooperate in cases of alleged violation of domestic access and benefit-sharing legislation or regulatory requirements referred to in paragraph 1. Compliance and Enforcement
    • Article 12 bis Compliance With Domestic Legislation or Regulatory Requirements on Access And Benefit-Sharing for Traditional Knowledge Associated With Genetic Resources
      Compliance and Enforcement
      Traditional Knowledge
      Access to genetic resources

      • 1. Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures, as appropriate, to provide that traditional knowledge associated with genetic resources utilized within their jurisdiction has been accessed in accordance with prior informed consent or approval and involvement of indigenous and local communities and that mutually agreed terms have been established, as required by domestic access and benefit sharing legislation or regulatory requirements of the other Party where such indigenous and local communities are located. Access to genetic resources
      • 2. Each Party shall take appropriate, effective and proportionate measures to address situations of non-compliance with measures adopted in accordance with paragraph 1. Access to genetic resources
      • 3. Parties shall, as far as possible and as appropriate cooperate in cases of alleged violation of domestic access and benefit-sharing legislation or regulatory requirements referred to in paragraph 1. Access to genetic resources
    • Article 13 - Monitoring the Utilization of Genetic Resources
      Monitoring, Assessment and Evaluation

      • 1. To support compliance, each Party shall take measures, as appropriate, to monitor and to enhance transparency about the utilization of genetic resources. Such measures shall include:
      • (a) The designation of one or more checkpoints, as follows:
      • (i) Designated checkpoints would collect or receive, as appropriate, relevant information related to prior informed consent, to the source of the genetic resource, to the establishment of mutually agreed terms, and/or to the utilization of genetic resources, as appropriate. National Focal Points
      • (ii) Each Party shall, as appropriate and depending on the particular characteristics of a designated checkpoint, require users of genetic resources to provide the information specified in the above paragraph at a designated checkpoint. Each Party shall take appropriate, effective and proportionate measures to address situations of non-compliance. Compliance and Enforcement
      • (iii) Such information, including from internationally recognized certificates of compliance where they are available, will, without prejudice to the protection of confidential information, be provided to relevant national authorities, to the Party providing prior informed consent and to the Access and Benefit-sharing Clearing-House, as appropriate. Information Exchange and Knowledge Management
        Clearing House Mechanism
      • (iv) Check points must be effective and should have functions relevant to implementation of this sub-paragraph (a). They should be relevant to the utilization of genetic resources, or to the collection of relevant information at, inter alia, any stage of research, development, innovation, pre-commercialization or commercialization. National Focal Points
        Research and Development
      • (b) Encouraging users and providers of genetic resources to include provisions in mutually agreed terms to share information on the implementation of such terms, including through reporting requirements; and National Reporting
      • (c) Encouraging the use of cost-effective communication tools and systems.
      • 2. A permit or its equivalent issued in accordance with Article 5, paragraph 2 (d) and made available to the Access and Benefit-sharing Clearing-House, shall constitute an internationally recognized certificate of compliance. Permits and Certificates
      • 3. An internationally recognized certificate of compliance shall serve as evidence that the genetic resource which it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the Party providing prior informed consent. Permits and Certificates
      • 4. The internationally recognized certificate of compliance shall contain the following minimum information when it is not confidential: Permits and Certificates
      • (a) Issuing authority;
      • (b) Date of issuance;
      • (c) The provider;
      • (d) Unique identifier of the certificate;
      • (e) The person or entity to whom prior informed consent was granted;
      • (f) Subject-matter or genetic resources covered by the certificate;
      • (g) Confirmation that mutually agreed terms were established;
      • (h bis) Confirmation that prior informed consent was obtained; and
      • (h) Commercial and/or non-commercial use.
    • Article 14 - Compliance with Mutually Agreed Terms
      Mutually Agreed Terms

      • 1. In the implementation of Article 5, paragraph 2 (f) (i) and Article 5bis, each Party shall encourage providers and users of genetic resources and/or traditional knowledge associated with genetic resources to include provisions in mutually agreed terms to cover, where appropriate, dispute resolution including: Settlement of Disputes
      • (a) The jurisdiction to which they will subject any dispute resolution processes;
      • (b) The applicable law; and/or
      • (c) Options for alternative dispute resolution, such as mediation or arbitration.
      • 2. Each Party shall ensure that an opportunity to seek recourse is available under their legal systems, consistent with applicable jurisdictional requirements, in cases of disputes arising from mutually agreed terms. Access to Justice
      • 3. Each Party shall take effective measures, as appropriate, regarding: Access to Justice
      • (a) Access to justice; and Access to Justice
      • (b) The utilization of mechanisms regarding mutual recognition and enforcement of foreign judgments and arbitral awards. Access to Justice
      • 4. The effectiveness of this article shall be reviewed by the Conference of the Parties serving as the meeting of the Parties to this Protocol in accordance with Article 25 of this Protocol. Review
    • Article 15 - Model Contractual Clauses

      • 1. Each Party shall encourage, as appropriate, the development, update and use of sectoral and cross-sectoral model contractual clauses for mutually agreed terms.
      • 2. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically take stock of the use of sectoral and cross-sectoral model contractual clauses.
    • Article 16 - Codes of Conduct, Guidelines and Best Practices and/or Standards

      • 1. Each Party shall encourage, as appropriate, the development, update and use of voluntary codes of conduct, guidelines and best practices and/or standards in relation to access and benefit-sharing.
      • 2. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically take stock of the use of voluntary codes of conduct, guidelines and best practices and/or standards and consider the adoption of specific codes of conduct, guidelines and best practices and/or standards.
    • Article 17 - Awareness-Raising
      Education and Training

      • Each Party shall take measures to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources, and related access and benefit sharing issues. Such measures may include, inter alia: Education and Training
      • (a) Promotion of this Protocol, including its objective; Education and Training
      • (b) Organization of meetings of indigenous and local communities and relevant stakeholders; Education and Training
      • (c) Establishment and maintenance of a help desk for indigenous and local communities and relevant stakeholders; Education and Training
      • (d) Information dissemination through a national clearing-house; Education and Training
      • (e) Promotion of voluntary codes of conduct, guidelines and best practices and/or standards in consultation with indigenous and local communities and relevant stakeholders; Capacity Building
        Developing Countries
      • (f) Promotion of, as appropriate, domestic, regional and international exchanges of experience; Capacity Building
        Developing Countries
      • (g) Education and training of users and providers of genetic resources and traditional knowledge associated with genetic resources about their access and benefit-sharing obligations; Capacity Building
        Developing Countries
      • (h) Involvement of indigenous and local communities and relevant stakeholders in the implementation of this Protocol; and Capacity Building
        Developing Countries
      • (i) Awareness-raising of community protocols and procedures of indigenous and local communities. Capacity Building
        Developing Countries
    • Article 18 - Capacity
      Capacity Building
      Economies in Transition
      Developing Countries

      • 1. The Parties shall cooperate in the capacity-building, capacity development and strengthening of human resources and institutional capacities to effectively implement this Protocol in developing country Parties, in particular the least developed countries and small islands developing States among them, and Parties with economies in transition, including through existing global, regional, subregional and national institutions and organizations. In this context, Parties should facilitate the involvement of indigenous and local communities and relevant stakeholders, including non-governmental organizations and the private sector. Capacity Building
        Developing Countries
      • 2. The need of developing country Parties, in particular the least developed countries and small island developing States among them, and Parties with economies in transition for financial resources in accordance with the relevant provisions of the Convention shall be taken fully into account for capacity-building and development to implement this Protocol. Capacity Building
        Developing Countries
      • 3. As a basis for appropriate measures in relation to the implementation of this Protocol, developing country Parties, in particular the least developed countries and small island developing States among them, and Parties with economies in transition should identify their national capacity needs and priorities through national capacity self assessments. In doing so, such Parties should support the capacity needs and priorities of indigenous and local communities and relevant stakeholders, as identified by them, emphasizing the capacity needs and priorities of women. Capacity Building
        Developing Countries
      • 4. In support of the implementation of this Protocol, capacity-building and development may address, inter alia, the following key areas: Capacity Building
        Developing Countries
      • (a) Capacity to implement, and to comply with the obligations of, this Protocol; Capacity Building
        Developing Countries
      • (b) Capacity to negotiate mutually agreed terms; Capacity Building
        Developing Countries
      • (c) Capacity to develop, implement and enforce domestic legislative, administrative or policy measures on access and benefit-sharing; and Capacity Building
        Developing Countries
      • (d) Capacity of countries to develop their endogenous research capabilities to add value to their own genetic resources. Capacity Building
        Developing Countries
      • 5. Measures in accordance with paragraphs 1 to 4 above may include, inter alia:
      • (a) Legal and institutional development; Capacity Building
        Developing Countries
      • (b) Promotion of equity and fairness in negotiations, such as training to negotiate mutually agreed terms; Capacity Building
        Developing Countries
      • (c) The monitoring and enforcement of compliance; Capacity Building
        Developing Countries
      • (d) Employment of best available communication tools and Internet-based systems for access and benefit-sharing activities; Capacity Building
        Developing Countries
      • (e) Development and use of valuation methods; Capacity Building
        Developing Countries
      • (f) Bioprospecting, associated research and taxonomic studies; Capacity Building
        Developing Countries
      • (g) Technology transfer, and infrastructure and technical capacity to make such technology transfer sustainable; Capacity Building
        Developing Countries
      • (h) Enhancement of the contribution of access and benefit-sharing activities to the conservation of biological diversity and the sustainable use of its components; Capacity Building
        Developing Countries
      • (i) Special measures to increase the capacity of relevant stakeholders in relation to access and benefit-sharing; and Capacity Building
        Developing Countries
      • (j) Special measures to increase the capacity of indigenous and local communities with emphasis on enhancing the capacity of women within those communities in relation to access to genetic resources and/or traditional knowledge associated with genetic resources. Capacity Building
        Developing Countries
      • 6. Information on capacity-building and development initiatives at national, regional and international levels, undertaken in accordance with paragraphs 1 to 5 above, should be provided to the Access and Benefit-sharing Clearing-House with a view to promoting synergy and coordination on capacity-building and development for access and benefit-sharing. Capacity Building
        Developing Countries
    • Article 18 bis - Technology Transfer, Collaboration and Cooperation
      Technology Transfer
      International Cooperation and Coordination

      • In accordance with Articles 15, 16, 18 and 19 of the Convention, the Parties shall collaborate and cooperate in technical and scientific research and development programmes, including biotechnological research activities, as a means to achieve the objective of this Protocol. The Parties undertake to promote and encourage access to technology by, and transfer of technology to, developing country Parties, including the least developed and small island developing States among them, and Parties with economies in transition, in order to enable the development and strengthening of a sound and viable technological and scientific base for the attainment of the objectives of the Convention and this Protocol. Where possible and appropriate such collaborative activities shall take place in and with a Party or the Parties providing genetic resources that is the country or are the countries of origin of such resources or a Party or Parties that have acquired the genetic resources in accordance with the Convention.
    • Article 18 ter Non-Parties
      Non-Party

      • The Parties shall encourage non-Parties to adhere to this Protocol and to contribute appropriate information to the Access and Benefit-sharing Clearing-House.
    • Article 19 Financial Mechanism and Resources
      Financial resources
      Financial Mechanism

      • 1. In considering financial resources for the implementation of this Protocol, the Parties shall take into account the provisions of Article 20 of the Convention. Financial Mechanism
        Flexible mechanisms
      • 2. The financial mechanism of the Convention shall be the financial mechanism for this Protocol. Financial Mechanism
        Flexible mechanisms
      • 3. Regarding the capacity-building and development referred to in Article 18 of this Protocol, the Conference of the Parties serving as the meeting of the Parties to this Protocol, in providing guidance with respect to the financial mechanism referred to in paragraph 2 above, for consideration by the Conference of the Parties, shall take into account the need of developing country Parties, in particular the least developed and the small island developing States among them, and of Parties with economies in transition, for financial resources, as well as the capacity needs and priorities of indigenous and local communities, including women within these communities. Financial resources
        Financial Mechanism
      • 4. In the context of paragraph 1 above, the Parties shall also take into account the needs of the developing country Parties, in particular the least developed and the small island developing States among them, and of the Parties with economies in transition, in their efforts to identify and implement their capacity-building and development requirements for the purposes of the implementation of this Protocol. Financial resources
        Financial Mechanism
      • 5. The guidance 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, to the provisions of this Article. Financial resources
        Financial Mechanism
      • 6. The developed country Parties may also provide, and the developing country Parties and the Parties with economies in transition avail themselves of, financial and other resources for the implementation of the provisions of this Protocol through bilateral, regional and multilateral channels. Financial resources
        Financial Mechanism
    • Article 20 Conference of the Parties Serving as the Meeting of the Parties to this Protocol
      Observers (Requests for Observer Status)
      De-listing
      Meeting of the Parties (MOP)
      Extraordinary Conference of the Parties
      Meeting of the Parties to the Conference of the Parties

    • Article 21 Subsidiary Bodies
      Subsidiary body

      • 1. Any subsidiary body established by or under the Convention may serve this Protocol, including upon a decision of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Any such decision shall specify the tasks to be undertaken. Subsidiary body
      • 2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any meeting of any such subsidiary bodies. When a subsidiary body of the Convention serves as a subsidiary body to this Protocol, decisions under this Protocol shall be taken only by Parties to this Protocol. Subsidiary body
      • 3. When a subsidiary body of the Convention exercises its functions with regard to matters concerning this Protocol, any member of the bureau of that subsidiary body representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be substituted by a member to be elected by and from among the Parties to this Protocol. Subsidiary body
    • Article 22 Secretariat
      Secretariat

      • 1. The Secretariat established by Article 24 of the Convention shall serve as the secretariat to this Protocol. Secretariat
      • 2. Article 24, paragraph 1, of the Convention on the functions of the Secretariat shall apply, mutatis mutandis, to this Protocol. Secretariat
      • 3. To the extent that they are distinct, the costs of the secretariat services for this Protocol shall be met by the Parties hereto. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, decide on the necessary budgetary arrangements to this end. Secretariat
    • Article 23 Monitoring and Reporting
      National Reporting
      Monitoring, Assessment and Evaluation

      • Each Party shall monitor the implementation of its obligations under this Protocol, and shall, at intervals and in the format to be determined 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 this Protocol. National Reporting
        Monitoring, Assessment and Evaluation
    • Article 24 Procedures and Mechanisms to Promote Compliance with this Protocol
      Compliance and Enforcement

      • The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance. These procedures and mechanisms shall include provisions to offer advice or assistance, where appropriate. They shall be separate from, and without prejudice to, the dispute settlement procedures and mechanisms under Article 27 of the Convention.
    • Article 25 Assessment and Review
      Review

      • The Conference of the Parties serving as the meeting of the Parties to this Protocol shall undertake, four years after the entry into force of this Protocol and thereafter at intervals determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, an evaluation of the effectiveness of this Protocol.
    • Article 26 Signature
      Signature

      • This Protocol shall be open for signature by Parties to the Convention at the United Nations Headquarters in New York from 2 February 2011 to 1 February 2012.
    • Article 27 Entry Into Force
      Entry into force

      • 1. This Protocol shall enter into force on 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 that are Parties to the Convention.
      • 2. This Protocol shall enter into force for a State or regional economic integration organization that ratifies, accepts or approves this Protocol or accedes thereto after the deposit of the fiftieth instrument as referred to in paragraph 1 above, on the ninetieth day after the date on which that State or regional economic integration organization deposits its instrument of ratification, acceptance, approval or accession, or on the date on which the Convention enters into force for that State or regional economic integration organization, whichever shall be the later.
      • 3. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
    • Article 28 Reservations
      Reservations

      • No reservations may be made to this Protocol.
    • Article 29 Withdrawal
      Withdrawal

      • 1. At any time after two years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary.
      • 2. Any such withdrawal shall take place upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal.
    • Article 30 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 United Nations. IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Protocol on the dates indicated. DONE at Nagoya on this twenty-ninth day of October, two thousand and ten.