National Record Type:1 #ABSCH-MSR Legislative administrative or policy measures on access and benefit-sharing (MSR) Fields marked with an asterisk are mandatory. Failure to provide information for these fields may result in the record not being made available to the ABS Clearing-House. INTRODUCTION Article 14 paragraph 2 (a) of the Nagoya Protocol provides that Parties shall make available to the ABS Clearing-House information on legislative, administrative and policy measures on access and benefitsharing. Access and benefit-sharing measures may include national or regional strategies, policies, legislation or regulations. They may also include measures undertaken at the subnational or community level. This form can also be used to make available additional explanatory information on how to meet ABS requirements. Please submit a new form for each ABS measure. You will need to submit as many forms as the number of ABS measures that are available within your jurisdiction. With a view to provide the most accurate overview of the national ABS legal framework, the ABS Clearing-House allows for the possibility of reflecting amendments to existing measures and linking different measures, for instance a regulation that implements legislation, or a guideline that provides further guidance on how to implement a given provision. Information registered should be as clear and concise as possible while bearing in mind that the information should guide potential users to comply with the country’s legal requirements. Including courtesy translation of the information, and explanatory information, flow charts, or step-by-step guides on how to apply for prior informed consent are very useful for reaching out to users and ensuring that they are aware of the national requirements for access. General information 1. *Is this a new record or a modification to an existing record:2 New record OR Update of an existing record <clearing-house record number> 2. *Country: 3. Is this an amendment to previous legislative, 1 <Country name> Yes OR No If yes, * please enter the clearing-house record number containing National records contain information that is typically required to be reported as part of a Party’s obligations under the Nagoya Protocol on Access and Benefit-sharing and must be validated by the ABS CH publishing authority prior to being made available in the ABS Clearing-House. The information submitted through this common format will be made available at https://absch.cbd.int/search/national-records/MSR. 2 To view the record number, go to http://absch.cbd.int/ and select the applicable record under your country profile. The number ID is listed as “Record identifier” (example: ABSCH-XX-XX-XXXXXX). administrative or policy measure?:3 the measure being amended <clearing-house record number> AND Please insert the summary of the amendment(s)4 <Text entry> 4. *Title of the legislative administrative or policy measures on access and benefit-sharing: <Text entry> 5. *Legal status of the measure:5 Not legally binding └ Please provide the date of adoption <YYYY-MM-DD> └Indicate the date the measure is no longer in force if the measure has a limited application in time <YYYY-MMDD> OR Legally binding └ If selected, the date of entry into force is a required field └ Please provide the date of entry into force <YYYY-MMDD> └Indicate the date the measure is no longer in force if the measure has a limited application in time <YYYY-MMDD> OR Draft OR Retired └ Please provide the date from which the measure was no longer applicable <YYYY-MM-DD> 6. *Type of document/measure:6 3 Law This section is only relevant when the measure being submitted is amending an existing measure. If the measure being registered in the ABS Clearing-House is an amendment to an existing measure or a part of it, make sure that the measure being amended is already registered in the ABS Clearing-House in order to be able to provide a link to the existing record. This will allow the two records to be displayed together 4 This will help users to understand the relationship between the two measures. The summary should be as simple and as concise as possible. 5 Examples of non-legally binding ABS measures are national strategies, policy documents, guidelines, etc. For non-legally binding ABS measure, the date of adoption is to be provided. A measure is legally binding when it creates obligations and rights which are legally enforceable. In this case, the date of entry into force of the ABS measure is to be provided. Measures in draft form can also be included in the ABS Clearing-House with a view to sharing information on progress towards implementation. Once the draft measure is adopted or entered into force, the status of the measure can be updated without needing to register the existing information again. Sometimes measures have a limited applicability in time. If you are introducing this type of measure, you are required to include the expiry date. Including retired measures can be useful for providing legal certainty about genetic resources and associated traditional knowledge accessed under a previous legal framework. If a measure already registered in the ABS Clearing-House is retired or is no longer applicable, you only need to edit the measure and change its status to retired, indicating the date from which the measure was no longer applicable. Regulatory or administrative measures Guidelines Strategy/Action plan Policy document Explanatory information Other (specify) <Text entry> 7. *Area of jurisdiction:7 Regional / Multilateral └ *<Country name> and/or <Geographical or political/economic group(s)> National /federal Sub-national └ *Name of the sub-national jurisdiction: <Text entry> Community └ Name of the community: <Text entry> Other (specify): <Text entry> 8. Brief description of the document including objective and scope (max. 300 words):8 6 <Text entry> A law is usually legislation (a statute) enacted by state government; a regulatory or administrative measure is usually an instrument or process of controlling by rule or restriction, having legal force, issued by an administrative agency or a local government; guidelines are usually a document by which to determine a course of action, sometimes aimed to streamline particular processes according to a set routine or sound practice; a strategy and/or action plan provides direction for future activities: these types of policy measures might include a set of principles, research subsidies and incentives, voluntary agreements, etc.: explanatory information may include explanatory memoranda, flow charts that describe national ABS processes, or an overview of the national framework in place or being developed in a country. 7 Please specify the geographical area of application of the ABS measure. The measure could apply at regional or multilateral, national or federal, subnational or community levels. For multilateral or regional measures, please indicate which countries are covered by the measure by selecting from the drop down menu the relevant geographical or political/economic group. The list is extensive; therefore it is likely that that the specific group to which the measure applies is already listed. However, if the measure applies to a group of countries that is not covered by any of the existing groups, select each of the countries concerned by the measure separately from the drop down menu. 8 The brief description of the document including objective and scope is meant to serve as a short summary of the measure. This information will be displayed in the summary of the record, so it is important that the description is clear and concise. Document details 9. *Document text (in its original language): <Select language> Please provide document text:9 <Attachment> or <URL and website name> 10. Translation in one of the official UN languages: <Select language> Please provide document text:10 <Attachment> And/or <URL and website name> Official translation 11. Relationship with other measures:11 Courtesy translation Enter the clearing-house record number containing the measure made reference to: <clearing-house record number> AND Please describe the relationship <Text entry> Regulatory contact information 12. *Contact Institution: Please enter the clearing-house record number containing this information or, if not registered, attach a “Contact details” common format.12 <clearing-house record number> Elements of the measure13 Competent national authority/ies Reference to relevant articles and sections <Reference to relevant articles and sections> Scope of the measure -Type of organism: 9 An attachment is preferred. Otherwise, provide the location of the document, i.e. web address including the URL of the website (e.g. http://absch.cbd.int/) and the name of the website (e.g. “Access and Benefit-sharing Clearing-House”). 10 An attachment is preferred. Otherwise, provide the location of the document, i.e. web address including the URL of the website (e.g. http://absch.cbd.int/) and the name of the website (e.g. “Access and Benefit-sharing Clearing-House”). 11 Please indicate if there is any relationship between this document/measure and other law, regulation, guidelines, administrative or policy measures. For example, if the measure being submitted is implementing an existing law. This information will assist in displaying information on the national legal framework. This section of the form will allow you to link two measures in case they are related, for example if the measure being submitted is implementing an existing law. The two measures will then be displayed together. 12 All ABS Clearing-House common formats are available at http://absch.cbd.int/help 13 Please select which elements are included in the measure being registered and identify the relevant articles or sections of the measure for each of the selected elements. This information will assist to in displaying information on the national legal framework. Plants 14 Animals Microorganisms15 Domestic species Fungi Wild species <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> - Area of access of the genetic resource: Agricultural areas Dry and sub-humid areas Forests Inland waters Islands Marine and coastal areas Mountains Protected areas Ex situ collections Soil or/and water samples Traditional knowledge associated genetic resources Other (specify): <Text entry> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> with <Reference to relevant articles and sections> <Reference to relevant articles and sections> Access Access to genetic resources, including prior <Reference to relevant articles and sections> informed consent For commercial purposes <Reference to relevant articles and sections> For non-commercial purposes <Reference to relevant articles and sections> Access to traditional knowledge associated <Reference to relevant articles and sections> with genetic resources, including prior informed consent or approval and involvement For commercial purposes <Reference to relevant articles and sections> For non-commercial purposes <Reference to relevant articles and sections> Other (specify): <Text entry> <Reference to relevant articles and sections> Benefit-sharing Mutually agreed terms <Reference to relevant articles and sections> Monetary benefits <Reference to relevant articles and sections> Non-monetary benefits <Reference to relevant articles and sections> Other (please specify): <Text entry> <Reference to relevant articles and sections> 14 This includes algae. 15 This could include, among others, archaea, bacteria, chromista, protozoa and viruses. Compliance Compliance with domestic legislation or regulatory requirements <Reference to relevant articles and sections> On access to traditional knowledge associated with genetic resources and benefitsharing <Reference to relevant articles and sections> On access to genetic resources and benefit-sharing <Reference to relevant articles and sections> Non-compliance with domestic legislation <Reference to relevant articles and sections> or regulatory requirements Monitoring the utilization of genetic resources Checkpoints <Reference to relevant articles and sections> <Reference to relevant articles and sections> Permits or their equivalent constituting an internationally recognized certificate of compliance Compliance with mutually agreed terms Other (please specify): <Text entry> <Reference to relevant articles and sections> <Reference to relevant articles and sections> <Reference to relevant articles and sections> Relationship with other instruments Plant genetic resources for food and <Reference to relevant articles and sections> agriculture exchanged using the standard material transfer agreement of the International Treaty on Plant Genetic Resources for Food and Agriculture Other (please specify): <Text entry> <Reference to relevant articles and sections> Transboundary cooperation <Reference to relevant articles and sections> Awareness-raising <Reference to relevant articles and sections> Capacity <Reference to relevant articles and sections> Other (please specify): <Text entry> <Reference to relevant articles and sections> Additional information 13. Any other relevant information:16 <Text entry> and/or <URL and website name> and/or <Attachment> 14. Notes:17 16 <Text entry> Please use this field to provide any other relevant information that may not have been addressed elsewhere in the record. “Notes” field is for your personal notes or comments and will be hidden when viewing the record. This field is not meant to be used for confidential information. 17 Record validation (offline submission only) *Country: <Country name> *Name of the ABS-CH publishing authority: <Text entry> *Date: <YYYY-MM-DD> I hereby confirm that the above information is correct and agree to its inclusion in the ABS Clearing-House. *Signature of the ABS-CH publishing authority Submission addresses: This form should be completed and sent by e-mail to secretariat@cbd.int or alternatively by Fax at +1 514 288-6588; or Postal mail to: Secretariat of the Convention on Biological Diversity 413 rue Saint-Jacques, suite 800 Montreal, Québec, H2Y 1N9 Canada