Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing o Benefits Arising from their Utilization

Art. 1

The legal framework allows for the fair and equitable sharing of the benefits arising from the utilization of genetic resources (GR), including by appropriate access to GR and by appropriate transfer of relevant technologies, taking into account all rights over those resources and technologies, and by appropriate funding.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 1. Guyana has a sincere commitment to facilitate access to the genetic resources for research. 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits. C. What is fair and equitable sharing of benefits will be determined by all stakeholders in the ABS arrangement and by the appropriate Competent Authorities, and will be agreed through free and prior informed consent. Benefits may, for instance, include various kinds of monetary benefits, goods or equipment, information, collaborative activities, transfer of technology, training and capacity building ([…])

Art.2

The legal framework provides for definitions (of key terms) identical in wording or effect as those set out in the Convention on Biological Diversity (CBD) and the Nagoya Protocol (in particular "utilization of genetic resource", "biotechnology", "derivative").

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. "ABS-compliant Agency” means agencies/institutions abiding by rules on access to genetic resources and benefit-sharing. “Agrobiodiversity” means any biodiversity of actual or potential value for food, forage and agriculture. “Amerindian” means any citizen of Guyana who (a) belongs to any of the native or aboriginal peoples of Guyana, or is a descendant of any of person mentioned in (a). “Amerindian community” means a group of Amerindians organised as a traditional community with a common culture and occupying or using State lands which they have traditionally occupied or used. “Amerindian community lands” means land owned communally by a community under title granted to the Village Council to hold for the benefit of the community. “Amerindian Knowledge” - see Traditional Knowledge "Biodiversity or Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. "Biological resources" includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity. “Bio-prospecting” means the research, collection and utilisation of biological resources and related knowledge, mainly intended for commercial purposes. "Biotechnology" means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use. “Bonn guidelines” are guidelines under the CBD, drafted in Bonn Germany in October 2001 and adopted in April 2002, that are intended to help establish legislative, administrative or policy measures on ABS and/or when negotiating contractual arrangements for ABS (CBD 2002). “Community Counterpart” is a representative of an Amerindian or Local Community appointed or assigned by the Village, District and Community Council as part of the research team. “Competent Authority” means an ABS-compliant Agency, CBO or NGO accredited by the National Authority (EPA) as being conversant in one or more specific areas of ABS Policy. "Country of origin of genetic resources" means the country which possesses those genetic resources in in situ conditions. "Country providing genetic resources" means the country supplying genetic resources collected from in situ sources, including populations of both wild and domesticated species, or taken from ex situ sources, which may or may not have originated in that country. "Ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. "Ex situ conservation" means the conservation of components of biological diversity outside their natural habitats. “Free” as in “Free and Prior Informed Consent” means without any form of deception, coercion or fraud. "Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity. "Genetic resources" means genetic material of actual or potential value. "Habitat" means the place or type of site where an organism or population naturally occurs. "In situ conditions" means conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. "In situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. “Local community” means a group of Guyanese people living in a community anywhere in Guyana. “National counterpart” is a national or institution of Guyana appointed by the EPA to represent national interests and is part of the research team. “Plant Genetic Resources for food, forage and agriculture” means any genetic material of plant origin of actual or potential value for food, forage and agriculture. “Prior Informed Consent” is usually the first step in an ABS arrangement with: ‘Prior’ – before project is approved (or other licensing process, or third partner involvement, etc); ‘Informed’ - obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community; ‘Consent’ - to be determined in accordance with their respective customary laws and practices; and/or consent expressed through local governments. "Protected area" means a geographically defined area which is legally designated, regulated and managed to achieve specific conservation objectives. "Sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations. “Traditional Knowledge/Local Knowledge/Amerindian Knowledge/Ethno-biological Knowledge” (TK/LK/AK/EK) means - for the purpose of this policy - knowledge that has been distilled from experience over centuries and adapted to local culture and environment: it tends to be held collectively by local communities / Amerindian peoples, and some aspects of it are handed down orally from generation to generation. It captures many aspects of culture and is constantly interacting and evolving with new contexts and influences. It is defined as the practices or ideas generated locally, or imported from outside and transformed by the local people and incorporated into their way of life. Their dynamic and flexible nature and their adaptability to changing conditions are fundamental features of TK/LK/AK/EK. “Village Council” means a village council established under the authority of the Amerindian Act, the Annai District Council, Konashen Village Council, Baramita Village Council and any Village Council established by order of the Minister under the Amerindian Act.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
"ABS-compliant Agency” means agencies/institutions abiding by rules on access to genetic resources
and benefit-sharing.
“Agrobiodiversity” means any biodiversity of actual or potential value for food, forage and agriculture.
“Amerindian” means any citizen of Guyana who (a) belongs to any of the native or aboriginal peoples of Guyana, or is a descendant of any of person mentioned in (a).
“Amerindian community” means a group of Amerindians organised as a traditional community with a
common culture and occupying or using State lands which they have traditionally occupied or used.
“Amerindian community lands” means land owned communally by a community under title granted to
the Village Council to hold for the benefit of the community.
“Amerindian Knowledge” - see Traditional Knowledge
"Biodiversity or Biological diversity” means the variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes
of which they are part; this includes diversity within species, between species and of ecosystems.
"Biological resources" includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.
“Bio-prospecting” means the research, collection and utilisation of biological resources and related
knowledge, mainly intended for commercial purposes.
"Biotechnology" means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.
“Bonn guidelines” are guidelines under the CBD, drafted in Bonn Germany in October 2001 and
adopted in April 2002, that are intended to help establish legislative, administrative or policy
measures on ABS and/or when negotiating contractual arrangements for ABS (CBD 2002).
“Community Counterpart” is a representative of an Amerindian or Local Community appointed or
assigned by the Village, District and Community Council as part of the research team.
“Competent Authority” means an ABS-compliant Agency, CBO or NGO accredited by the National
Authority (EPA) as being conversant in one or more specific areas of ABS Policy. "Country of origin of genetic resources" means the country which possesses those genetic resources in in
situ conditions.
"Country providing genetic resources" means the country supplying genetic resources collected from in situ sources, including populations of both wild and domesticated species, or taken from ex situ
sources, which may or may not have originated in that country.
"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their
non-living environment interacting as a functional unit.
"Ex situ conservation" means the conservation of components of biological diversity outside their
natural habitats.
“Free” as in “Free and Prior Informed Consent” means without any form of deception, coercion or fraud.
"Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity.
"Genetic resources" means genetic material of actual or potential value.
"Habitat" means the place or type of site where an organism or population naturally occurs.
"In situ conditions" means conditions where genetic resources exist within ecosystems and natural
habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have
developed their distinctive properties.
"In situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.
“Local community” means a group of Guyanese people living in a community anywhere in Guyana.
“National counterpart” is a national or institution of Guyana appointed by the EPA to represent national interests and is part of the research team.
“Plant Genetic Resources for food, forage and agriculture” means any genetic material of plant origin of actual or potential value for food, forage and agriculture.
“Prior Informed Consent” is usually the first step in an ABS arrangement with:
‘Prior’ – before project is approved (or other licensing process, or third partner involvement,
etc);
‘Informed’ - obtained after fully disclosing the intent and scope of the activity, in a language and
process understandable to the community; ‘Consent’ - to be determined in accordance with their respective customary laws and practices;
and/or consent expressed through local governments.
"Protected area" means a geographically defined area which is legally designated, regulated and
managed to achieve specific conservation objectives.
"Sustainable use" means the use of components of biological diversity in a way and at a rate that does
not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the
needs and aspirations of present and future generations.
“Traditional Knowledge/Local Knowledge/Amerindian Knowledge/Ethno-biological Knowledge”
(TK/LK/AK/EK) means - for the purpose of this policy - knowledge that has been distilled from
experience over centuries and adapted to local culture and environment: it tends to be held
collectively by local communities / Amerindian peoples, and some aspects of it are handed down
orally from generation to generation. It captures many aspects of culture and is constantly
interacting and evolving with new contexts and influences. It is defined as the practices or ideas
generated locally, or imported from outside and transformed by the local people and incorporated
into their way of life. Their dynamic and flexible nature and their adaptability to changing
conditions are fundamental features of TK/LK/AK/EK.
“Village Council” means a village council established under the authority of the Amerindian Act, the
Annai District Council, Konashen Village Council, Baramita Village Council and any Village
Council established by order of the Minister under the Amerindian Act.

Art.3

The legal framework allows for the taking into account of:
- all GR falling within the scope of the CBD and the benefits arising from the use of these resources; and
- all the traditional knowledge associated with these GR and the benefits arising from the use of this knowledge.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 2. POLICY STATEMENT AND OBJECTIVES- b. Set the conditions to facilitate access to the genetic resources of Guyana and enable the GoG to access the genetic resources of other contracting Parties of the CBD, as well as those Parties that are not as yet CBD-compliant. This scope of access includes in situ or ex situ genetic resources and data. c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. e. Promote fair and equitable sharing of the benefits arising from the use of genetic resources and associated knowledge between the Government of Guyana and Foreign Parties; and among national partners (GoG, Amerindian and local communities, and other stakeholders).

Art.4-1

The legal framework does not modify the rights and obligations arising from part of an existing international agreement, except in the event that their exercise would cause serious damage to, or pose a serious threat to, biological diversity.

Art.4-2

The legal framework does not prevent the development and application of other relevant instruments, provided that they do not contradict the objectives of the convention.

Art.4-3

The legal framework encourages complementarity with other relevant instruments.

Document title	References
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH. Permits and Agreements (7) that they will abide with all local laws, government regulations and International Conventions to which Guyana is a contracting party or signatory (see Annex I), as well as those International Conventions to which the applicant’s country of residence is a contracting party or signatory. The applicant’s attention is particularly drawn to the proposed Regulation of Environmental Protection Act (1996) governing bioprospecting and the criminal penalties that may be imposed in the event of non-compliance; 9) that they will adhere to the recommended local\international practices and laws for collecting flora, fauna, micro-organisms and germplasm;

Art.5-1

The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that the benefits arising from the utilization of GR as well as subsequent applications and commercialization are shared fairly and equitably with the Party providing the resources (country of origin of the resources or party that acquired them in accordance with the CBD), under mutually agreed terms (MAT).

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits, as stated in the guidelines on Free and Prior Informed Consent, Mutually Agreed Terms and Benefit Sharing. b. This policy aims to assist Parties and stakeholders in the development of mutually agreed terms to ensure the fair and equitable sharing of benefits. A basic requirement in the development of mutually agreed terms is legal certainty and clarity. c. What is fair and equitable sharing of benefits will be determined by all stakeholders in the ABS arrangement and by the appropriate Competent Authorities, and will be agreed through free and prior informed consent.
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH . Permits and Agreements- (1) that they will obtain and sign an Academic or Commercial Research Agreement with the Government of Guyana prior to commencing their research. (8) that all collections under an Academic Research Agreement shall be used only for taxonomic, conservation, ecological or biogeographic investigations. If any specimens, photographic and audio-visual material and illustrations are to be used for commercial purposes (present and future), a Commercial Agreement must be sought with the Government of Guyana. Commercial Use includes chemical, pharmacological and biotechnical study, with a view to ultimate commercial exploitation as well as the use of materials for propagation and breeding purposes. Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered. Further, that entities which develop commercial applications and are obliged to share their profits with the Government of Guyana, shall consent to independent public accountants examining such books and records as are necessary to ensure accurate payment in conformity with whatever financial agreement was arranged

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS
Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits, as stated in the guidelines on Free and Prior Informed Consent, Mutually Agreed Terms and Benefit Sharing. b. This policy aims to assist Parties and stakeholders in the development of mutually agreed terms to ensure the fair and equitable sharing of benefits. A basic requirement in the development of mutually agreed terms is legal certainty and clarity. c. What is fair and equitable sharing of benefits will be determined by all stakeholders in the ABS arrangement and by the appropriate Competent Authorities, and will be agreed through free and prior informed consent.

Guidelines for Biodiversity Research

GUIDELINES FOR BIODIVERSITY RESEARCH . Permits and Agreements- (1) that they will obtain and sign an Academic or Commercial Research Agreement with the Government of Guyana prior to commencing their research. (8) that all collections under an Academic Research Agreement shall be used only for taxonomic, conservation, ecological or biogeographic investigations. If any specimens, photographic and audio-visual material and illustrations are to be used for commercial purposes (present and future), a Commercial Agreement must be sought with the Government of Guyana. Commercial Use includes chemical, pharmacological and biotechnical study, with a view to ultimate commercial exploitation as well as the use of materials for propagation and breeding purposes. Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered. Further, that entities which develop commercial applications and are obliged to share their profits with the Government of Guyana, shall consent to independent public accountants examining such books and records as are necessary to ensure accurate payment in conformity with whatever financial agreement was arranged

Art.5-2

The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that benefits arising from the utilization of GR that are held by indigenous and local communities, in accordance with domestic legislation regarding the established rights of these communities over these GR, are shared in a fair and equitable way with the communities concerned, under MAT.

Document title	References
Amerindian Act	AMERINDIAN ACT. Article 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Article 6. (1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b)A copy ofall recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
Iwokrama International Centre For Rain Forest Conservation And Development Act	IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. Article 8 (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 2. POLICY STATEMENT AND OBJECTIVES. c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. THE APPLICATION PATHWAY- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered.

Art.5-4

The legal framework allows the benefits referred to in Art. 5-2 of the Nagoya Protocol to be granted in the form of monetary or non-monetary benefits (including, but not limited to, those listed in the Annex). x.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. c ([...]) Benefits may, for instance, include various kinds of monetary benefits, goods or equipment, information, collaborative activities, transfer of technology, training and capacity building ([…])

Art. 5-5

The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that benefits arising from the utilization of traditional knowledge associated with GR held by indigenous and local communities are shared in a fair and equitable way with these communities, under MAT.

Document title	References
Amerindian Act	AMERINDIAN ACT. Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Section 6. (1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b)A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
Iwokrama International Centre For Rain Forest Conservation And Development Act	IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. Section 8 (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS Section 2. POLICY STATEMENT AND OBJECTIVES. c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. THE APPLICATION PATHWAY- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered.

Art. 6-1

The legal framework allows access to GR for their utilization to be subject to the prior informed consent (PIC) of the Party providing such resources (that is the country of origin of such resources or a Party that has acquired the GR in accordance with the CBD).

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 2. POLICY STATEMENT AND OBJECTIVES. c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits, as stated in the guidelines on Free and Prior Informed Consent, Mutually Agreed Terms and Benefit Sharing. a. Access to genetic resources of Guyana is subject to free and prior informed consent of the National Authority (EPA) and Competent Authorities so designated. Final approval must be obtained from EPA under all circumstances and these approvals are subject to national law.

Art. 6-2

The legal framework allows the PIC or approval and involvement of indigenous and local communities to be required for access to GR where they have the established right to grant access to such resources.

Document title	References
Amerindian Act	AMERINDIAN ACT. Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Section 6.(1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b) A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations.

Document title

References

Amerindian Act

AMERINDIAN ACT.
Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister.
Section 6.(1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b) A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS. THE APPLICATION PATHWAY.
3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations.

Art. 6-3(a)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure legal certainty, clarity and transparency of their domestic access and benefit-sharing legislation or regulatory requirements.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. b. This policy aims to assist Parties and stakeholders in the development of mutually agreed terms to ensure the fair and equitable sharing of benefits. A basic requirement in the development of mutually agreed terms is legal certainty and clarity. The GoG recognises the need to raise awareness among local, national and regional partners, of the requirements and existing mechanism for mutually agreed terms and contractual arrangement to facilitate agreements on ABS.
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. b. This policy aims to assist Parties and stakeholders in the development of mutually agreed terms to ensure the fair and equitable sharing of benefits. A basic requirement in the development of mutually agreed terms is legal certainty and clarity. The GoG recognises the need to raise awareness among local, national and regional partners, of the requirements and existing mechanism for mutually agreed terms and contractual arrangement to facilitate agreements on ABS.

Guidelines for Biodiversity Research

GUIDELINES FOR BIODIVERSITY RESEARCH.

Art. 6-3(b)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to establish fair and non-arbitrary rules and procedures on accessing GR.;

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3. AUTHORITIES AND NATIONAL STAKEHOLDERS. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. GUIDELINES FOR BIODIVERSITY RESEARCH.

Art. 6-3(c)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to inform on how to apply for PIC

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section. 3.2 THE NATIONAL AUTHORITY: THE ENVIRONMENTAL PROTECTION AGENCY 1. The EPA, as the National Authority for access and benefit-sharing, shall make information on ABS available through its Clearing-House Mechanism. This mechanism would inform applicants of the procedures for acquiring free and prior informed consent, and mutually agreed terms, including benefit-sharing. EPA should also inform applicants about the possibilities for collaboration with the relevant Competent Authorities, Amerindian and local communities and other stakeholders. Section 3.3 THE ABS SUB-COMMITTEE. 3. The ABS Sub-Committee’s responsibility includes the formulation and evaluation of ABS agreements. The ABS Sub-Committee negotiates the terms of these contracts/agreements, including the requirements for obtaining free and prior informed consent and entering into mutually agreed terms. NATIONAL POLICY ON ABS. THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Stakeholders can choose to be advised by the ABS Sub-Committee but may also seek external advice in the negotiations. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits, as stated in the guidelines on Free and Prior Informed Consent, Mutually Agreed Terms and Benefit Sharing. a. Access to genetic resources of Guyana is subject to free and prior informed consent of the National Authority (EPA) and Competent Authorities so designated. Final approval must be obtained from EPA under all circumstances and these approvals are subject to national law.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section. 3.2 THE NATIONAL AUTHORITY: THE ENVIRONMENTAL PROTECTION AGENCY 1. The EPA, as the National Authority for access and benefit-sharing, shall make information on ABS available through its Clearing-House Mechanism. This mechanism would inform applicants of the procedures for acquiring free and prior informed consent, and mutually agreed terms, including benefit-sharing. EPA should also inform applicants about the possibilities for collaboration with the relevant Competent Authorities, Amerindian and local communities and other stakeholders.
Section 3.3 THE ABS SUB-COMMITTEE. 3. The ABS Sub-Committee’s responsibility includes the formulation and evaluation of ABS agreements. The ABS Sub-Committee negotiates the terms of these contracts/agreements, including the requirements for obtaining free and prior informed consent and entering into mutually agreed terms.
NATIONAL POLICY ON ABS. THE APPLICATION PATHWAY.
3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Stakeholders can choose to be advised by the ABS Sub-Committee but may also seek external advice in the negotiations.
Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits, as stated in the guidelines on Free and Prior Informed Consent, Mutually Agreed Terms and Benefit Sharing. a. Access to genetic resources of Guyana is subject to free and prior informed consent of the National Authority (EPA) and Competent Authorities so designated. Final approval must be obtained from EPA under all circumstances and these approvals are subject to national law.

Art. 6-3(d)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure a clear and transparent written decision by a competent national authority, in a cost-effective manner and within a reasonable period of time

Art. 6-3(e)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure the issuance at the time of access of a permit or its equivalent as evidence of the decision to grant PIC and of the establishment of MAT.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.1. THE NATIONAL AUTHORITY AND COMPETENT AUTHORITIES 2. An ABS Sub-Committee of the National Biodiversity Committee (NBC) is the national body for making recommendations on ABS to the EPA. The NBC can also make recommendations to the EPA for matters referred to it for further consideration by the ABS Sub-Committee. EPA gives effect to the recommendations of the ABS Sub-Committee or the NBC in granting research approval to applicants. Section 3.2. THE NATIONAL AUTHORITY: THE ENVIRONMENTAL PROTECTION AGENCY. The EPA, in consultation with other Competent Authorities, is responsible for advising national stakeholders and international researchers and companies on: a. Administrative processing of applications and formal approval of agreements. THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. a. Access to genetic resources of Guyana is subject to free and prior informed consent of the National Authority (EPA) and Competent Authorities so designated. Final approval must be obtained from EPA under all circumstances and these approvals are subject to national law.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 3.1. THE NATIONAL AUTHORITY AND COMPETENT AUTHORITIES 2. An ABS Sub-Committee of the National Biodiversity Committee (NBC) is the national body for making recommendations on ABS to the EPA. The NBC can also make recommendations to the EPA for matters referred to it for further consideration by the ABS Sub-Committee. EPA gives effect to the recommendations of the ABS Sub-Committee or the NBC in granting research approval to applicants.
Section 3.2. THE NATIONAL AUTHORITY: THE ENVIRONMENTAL PROTECTION AGENCY. The EPA, in consultation with other Competent Authorities, is responsible for advising national stakeholders and international researchers and companies on: a. Administrative processing of applications and formal approval of agreements.
THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant.
Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. a. Access to genetic resources of Guyana is subject to free and prior informed consent of the National Authority (EPA) and Competent Authorities so designated. Final approval must be obtained from EPA under all circumstances and these approvals are subject to national law.

Art. 6-3(f)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to set out criteria and/or processes for obtaining PIC or approval and involvement of indigenous and local communities for access to GR.

Document title	References
Amerindian Act	AMERINDIAN ACT. Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Section 6.(1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b) A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations.

Document title

References

Amerindian Act

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations.

Art. 6-3(g)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to establish clear rules and procedures for requiring and establishing MAT, and including in particular the following requirements:
(i) a dispute settlement clause;
(ii) terms on benefit-sharing, including in relation to intellectual property rights;
(iii) terms on subsequent third-party use, if any; and
(iv) terms on changes of intent, where applicable

Document title	References
Amerindian Act	AMERINDIAN ACT. Section (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS.THE APPLICATION PATHWAY- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. 4. c. What is fair and equitable sharing of benefits will be determined by all stakeholders in the ABS arrangement and by the appropriate Competent Authorities, and will be agreed through free and prior informed consent. Benefits may, for instance, include various kinds of monetary benefits, goods or equipment, information, collaborative activities, transfer of technology, training and capacity building and will be agreed through free and prior informed consent among stakeholders and Competent Authorities. Section. 5.3. PRODUCTION OF KNOWLEDGE AND RENEGOTIATION 3. For these two reasons, it is necessary to provide room for renegotiation of agreements at various stages of research and development. Progressive decisions on intellectual property and potential value of a product, for instance, could be programmed to take place at key points, for example, an initial evaluation phase, a review of research progress, and assessments of specific research outcomes. These and other specific elements for re-negotiations shall be documented in the research agreement.
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH. Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered. (32) that in the event that a commercial product is derived and a patent is taken out on a product, that the Government of Guyana must be informed within 30 days of the filing of the patent application.

Art. 7

The legal framework allows for access to traditional knowledge associated with GR that is held by indigenous and local communities to be conditional upon the PIC or approval and involvement of these communities, and upon the establishment of MAT.

Document title	References
Amerindian Act	AMERINDIAN ACT. Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Section 6. (1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b)A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
Iwokrama International Centre For Rain Forest Conservation And Development Act	IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. Section 8 (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 2. POLICY STATEMENT AND OBJECTIVES. c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. THE APPLICATION PATHWAY- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations.
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered.

Art. 8

The legal framework allows:
a) the promotion of research contributing to the conservation and sustainable use of biodiversity;
b) the consideration of present or imminent emergencies that threaten or damage human, animal or plant health; and
c) the recognition of the importance of GR for food and agriculture and their special role for food security.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section. 6.1 AGRO-BIODIVERSITY 4. Access shall be provided solely for the purpose of utilization and conservation for research, breeding and training for food, forage and agriculture, provided that such purpose does not include chemical, pharmaceutical and/or other non-food/feed industrial uses. Section 6.3. CONSERVATION OF GENETIC RESOURCES 1. Accessing genetic resources within the ABS policy (e.g. taking samples for research) should not threaten the sustainable use and conservation of those genetic resources (see guideline for sustainable collection). 2. As stated in the ABS Policy objectives, this policy contributes to the sustainable use and conservation of biodiversity. More specifically, as stated in objective 2.g, putting additional values to the genetic resources is intended to increase the local and national incentives for their sustainable use and conservation.
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH (8) that all collections under an Academic Research Agreement shall be used only for taxonomic, conservation, ecological or biogeographic investigations.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section. 6.1 AGRO-BIODIVERSITY 4. Access shall be provided solely for the purpose of utilization and conservation for research, breeding and training for food, forage and agriculture, provided that such purpose does not include chemical, pharmaceutical and/or other non-food/feed industrial uses.
Section 6.3. CONSERVATION OF GENETIC RESOURCES
1. Accessing genetic resources within the ABS policy (e.g. taking samples for research) should not threaten the sustainable use and conservation of those genetic resources (see guideline for sustainable collection). 2. As stated in the ABS Policy objectives, this policy contributes to the sustainable use and conservation of biodiversity. More specifically, as stated in objective 2.g, putting additional values to the genetic resources is intended to increase the local and national incentives for their sustainable use and conservation.

Guidelines for Biodiversity Research

GUIDELINES FOR BIODIVERSITY RESEARCH
(8) that all collections under an Academic Research Agreement shall be used only for taxonomic, conservation, ecological or biogeographic investigations.

Art.9-I

The legal framework encourages users and providers to direct benefits arising from the utilization of GR towards the conservation of biodiversity and the sustainable use of its components

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. PREFACE. These benefits to Guyana, in the form of ‘in-kind’ and economic mechanisms, are expected to contribute to the conservation and sustainable use of its biological resources and reduction of poverty to support sustainable livelihoods and health, and promote cultural integrity ([...]) Such benefits will serve as an incentive for the sustainable use and conservation of genetic resources. 2. POLICY STATEMENT. g. Assign additional values (such as short- and long-term benefits) to the genetic resources to increase local and national incentives for the sustainable use and conservation of biodiversity.

Art. 11

The legal framework allows for transboundary cooperation with the involvement of indigenous and local communities concerned, in cases where:
a) the same GR are found in situ within the territory of more than one Party; or
b) the same traditional knowledge associated with GR is shared by one or more indigenous and local communities in several Parties.

Art. 12-1

The legal framework allows the customary law of indigenous and local communities, as well as their protocols and procedures, to be taken into account in relation to traditional knowledge associated with GR..

Document title	References
Amerindian Act	AMERINDIAN ACT. Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Section 6. (1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b)A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.
Iwokrama International Centre For Rain Forest Conservation And Development Act	IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. Section (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 2. POLICY STATEMENT AND OBJECTIVES.2. Guyana highly values its ownership and control over its national genetic resources and this need to be respected by visitors conducting research in Guyana. Applicants conducting research activities need to comply with the terms and conditions as stated in the Biodiversity Research Agreement and applicants should abide by all guidelines, local laws and government regulations. Particular emphasis will be on the availability of research results in appropriate format, the role of the National and Community counterparts, and respect for customs, traditions, values and customary practices of Amerindian and local communities. Section 5.2. COLLECTIVE IPRS. ([...]) Specifically, this policy recognises that Amerindian and traditional knowledge is as much intellectual property as scientific knowledge which, prima facie, conforms to the prerequisites for protection under a conventional IPR regime. Accordingly, the GoG supports: 1. Amerindian and local communities as guardians of their knowledge and having the right to protect and control the dissemination of that knowledge; 2. Amerindian and local communities in their right to create new knowledge based on cultural traditions; 3. Mechanisms for the protection of the knowledge of Amerindian and local communities; and . Gender-specific rights to protect, control, and create traditional knowledge. THE APPLICATION PATHWAY- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations.
Guidelines for Biodiversity Research	GUIDELINES FOR BIODIVERSITY RESEARCH Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered.

Art. 12-2

The legal framework allows for the establishment, with the effective participation of the indigenous and local communities concerned, of mechanisms to inform potential users of traditional knowledge associated with GR about their obligations.

Art. 12-3

The legal framework allows for the development by indigenous and local communities, including women, of:
(a) community protocols in relation to access to traditional knowledge associated with GR and the fair and equitable sharing of benefits arising out of the utilization of such knowledge;
(b) minimum requirements for MAT to secure the fair and equitable sharing of benefits arising from the utilization of traditional knowledge associated with GR; and
(c) model contractual clauses for benefit-sharing arising from the utilization of traditional knowledge associated with GR.

Art. 12-4

The legal framework does not contain provisions that restrict the customary use and exchange of GR and traditional knowledge associated with GR to within and amongst indigenous and local communities in accordance with the objectives of the CBD.

Art.13-I

The legal framework designates of a national correspondent for access and benefit-sharing.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.1. THE NATIONAL AUTHORITY AND COMPETENT AUTHORITIES 1. The GoG has designated the Environmental Protection Agency (EPA) as the National Focal Point for the CBD and the National Authority for regulating ABS. 2. An ABS Sub-Committee of the National Biodiversity Committee (NBC) is the national body for making recommendations on ABS to the EPA. The NBC can also make recommendations to the EPA for matters referred to it for further consideration by the ABS Sub-Committee. EPA gives effect to the recommendations of the ABS Sub-Committee or the NBC in granting research approval to applicants. The EPA’s Natural Resource Management Division (NRMD) acts as the Secretariat of the ABS Sub-Committee. 3. Competent Authorities recommended by the ABS Sub-Committee and accredited by the EPA can include agencies with direct and indirect mandates that consist of, or relate to, genetic resources - including knowledge - and/or ABS. Subject to national laws and mandates, Competent Authorities may include, but are not restricted to, authorities in research, economic and social development, education, land use (including coastal and marine), culture, health, diplomacy, finance or law enforcement, including district or local authorities, or authorities targeted at specific subsets of the population such as gender, religion, youths, the elderly or ethnic groups.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 3.1. THE NATIONAL AUTHORITY AND COMPETENT AUTHORITIES 1. The GoG has designated the Environmental Protection Agency (EPA) as the National Focal Point
for the CBD and the National Authority for regulating ABS.
2. An ABS Sub-Committee of the National Biodiversity Committee (NBC) is the national body for making recommendations on ABS to the EPA. The NBC can also make recommendations to the
EPA for matters referred to it for further consideration by the ABS Sub-Committee. EPA gives effect to the recommendations of the ABS Sub-Committee or the NBC in granting research approval to applicants. The EPA’s Natural Resource Management Division (NRMD) acts as the Secretariat of the ABS Sub-Committee. 3. Competent Authorities recommended by the ABS Sub-Committee and accredited by the EPA can include agencies with direct and indirect mandates that consist of, or relate to, genetic resources - including knowledge - and/or ABS. Subject to national laws and mandates, Competent Authorities may include, but are not restricted to, authorities in research, economic and social development, education, land use (including coastal and marine), culture, health, diplomacy, finance or law enforcement, including district or local authorities, or authorities targeted at specific subsets of the population such as gender, religion, youths, the elderly or ethnic groups.

Art.13-II

The legal framework designates one or more national authorities responsible for access and benefit-sharing (this entity can combine the functions of national correspondent and competent national authority).

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.1. THE NATIONAL AUTHORITY AND COMPETENT AUTHORITIES 1. The GoG has designated the Environmental Protection Agency (EPA) as the National Focal Point for the CBD and the National Authority for regulating ABS. 2. An ABS Sub-Committee of the National Biodiversity Committee (NBC) is the national body for making recommendations on ABS to the EPA. The NBC can also make recommendations to the EPA for matters referred to it for further consideration by the ABS Sub-Committee. EPA gives effect to the recommendations of the ABS Sub-Committee or the NBC in granting research approval to applicants. The EPA’s Natural Resource Management Division (NRMD) acts as the Secretariat of the ABS Sub-Committee. 3. Competent Authorities recommended by the ABS Sub-Committee and accredited by the EPA can include agencies with direct and indirect mandates that consist of, or relate to, genetic resources - including knowledge - and/or ABS. Subject to national laws and mandates, Competent Authorities may include, but are not restricted to, authorities in research, economic and social development, education, land use (including coastal and marine), culture, health, diplomacy, finance or law enforcement, including district or local authorities, or authorities targeted at specific subsets of the population such as gender, religion, youths, the elderly or ethnic groups.

Document title

References

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 3.1. THE NATIONAL AUTHORITY AND COMPETENT AUTHORITIES 1. The GoG has designated the Environmental Protection Agency (EPA) as the National Focal Point
for the CBD and the National Authority for regulating ABS. 2. An ABS Sub-Committee of the National Biodiversity Committee (NBC) is the national body for making recommendations on ABS to the EPA. The NBC can also make recommendations to the EPA for matters referred to it for further consideration by the ABS Sub-Committee. EPA gives effect to the recommendations of the ABS Sub-Committee or the NBC in granting research approval to applicants. The EPA’s Natural Resource Management Division (NRMD) acts as the Secretariat of the ABS Sub-Committee. 3. Competent Authorities recommended by the ABS Sub-Committee and accredited by the EPA can include agencies with direct and indirect mandates that consist of, or relate to, genetic resources - including knowledge - and/or ABS. Subject to national laws and mandates, Competent Authorities may include, but are not restricted to, authorities in research, economic and social development,
education, land use (including coastal and marine), culture, health, diplomacy, finance or law enforcement, including district or local authorities, or authorities targeted at specific subsets of the
population such as gender, religion, youths, the elderly or ethnic groups.

Art.15-I

The legal framework allows for the adoption of appropriate, effective and proportionate legislative, administrative or policy measures to ensure that to GR used under the country's jurisdiction have been accessed subject to PIC and that MAT have been established.

Document title

References

Amerindian Act

AMERINDIAN ACT.
Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister.
Section 6. (1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b)A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council.

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS
Section 2. POLICY STATEMENT AND OBJECTIVES c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities.
Section 3.2. THE NATIONAL AUTHORITY: THE ENVIRONMENTAL PROTECTION AGENCY 1. The EPA, as the National Authority for access and benefit-sharing, shall make information on ABS available through its Clearing-House Mechanism. This mechanism would inform applicants of the procedures for acquiring free and prior informed consent, and mutually agreed terms, including benefit-sharing. EPA should also inform applicants about the possibilities for collaboration with the relevant Competent Authorities, Amerindian and local communities and other stakeholders. Section 3.3.
THE ABS SUB-COMMITTEE 3. The ABS Sub-Committee’s responsibility includes the formulation and evaluation of ABS agreements. The ABS Sub-Committee negotiates the terms of these contracts/agreements, including the requirements for obtaining free and prior informed consent and entering into mutually agreed terms. 6. In providing prior approval, it is the role of the ABS Sub-Committee to ensure that individual research or collaborations do not hamper more encompassing national interests, for instance the social, economic and environmental consequences of the activities.
THE APPLICATION PATHWAY. 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Stakeholders can choose to be advised by the ABS Sub-Committee but may also seek external advice in the negotiations.
Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING. FROM THEIR USE 4. Access is facilitated on the basis of free and prior informed consent, on mutually agreed terms and with fair and equitable sharing of benefits, as stated in the guidelines on Free and Prior Informed Consent, Mutually Agreed Terms and Benefit Sharing. a. Access to genetic resources of Guyana is subject to free and prior informed consent of the National Authority (EPA) and Competent Authorities so designated. Final approval must be obtained from EPA under all circumstances and these approvals are subject to national law. c. What is fair and equitable sharing of benefits will be determined by all stakeholders in the ABS arrangement and by the appropriate Competent Authorities, and will be agreed through free and prior informed consent. Benefits may, for instance, include various kinds of monetary benefits, goods or equipment, information, collaborative activities, transfer of technology, training and capacity building and will be agreed through free and prior informed consent among stakeholders and Competent Authorities.

Art.15-II

The legal framework allows for the adoption of appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with Article 15-1.

Document title	References
Amerindian Act	THE AMERINDIAN ACT. Section 6 (2) A person who wishes to make use of any material derived from research or study under this section shall -(a) apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) in good faith negotiate and enter into a benefit sharing agreement with the Village Council. (3) A person who contravenes subsection 2(a) is guilty of an offence and is liable to the penalties prescribed in paragraph (a) of the First Schedule. (4) A person who contravenes subsection (2) (b) is guilty of an offen ce and is liable to the penalties prescribed in paragraph (b) of the First Schedule.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 1.4 GUYANA AND THE CONVENTION ON BIOLOGICAL DIVERSITY. This national policy will inform the proposed Regulations on the access and benefit sharing process, including aspects as: e. Institutional arrangements for monitoring compliance. Section 3.5 PARTICIPATION OF NATIONAL STAKEHOLDERS 2. National stakeholders shall be given scope and support by the GoG to facilitate, coordinate and enter into collaborative activities on ABS, and to monitor compliance of the research partner. These efforts will be in collaboration with EPA. Section 3.6 GUYANA AS USER OR WITH USERS UNDER ITS JURISDICTION While this policy mainly covers Guyana as a provider of genetic resources, in some cases Guyana may be a user or have users of genetic resources originating from outside of its jurisdiction. Accordingly: 1. The GoG will strive to ensure that the terms and conditions effective upon the access by recipients of Guyana’s genetic resources are reciprocally respected. Guyana as user or with users of genetic resources under its jurisdiction, shall take appropriate legal, administrative, or policy measures to support compliance with free and prior informed consent of the country providing such resources and mutually agreed terms on which access was granted. 2. The EPA, as the National Authority, will function in partnership with the focal point of the providing country. However, since the EPA is not the actual user of the genetic resources, the users of genetic resources shall be held directly responsible for upholding collaborative agreements but the enforcement of these arrangements is with the Guyana law enforcement agencies. 3. Specifically, the GoG shall take the following measures directed to national users of genetic resources and law enforcement Agencies: a. Ensure that users fulfil their roles and responsibilities in a clear, objective and transparent manner; b. Seek to ensure that the commercialization and any other use of genetic resources would not prevent traditional uses of genetic resources; c. Use genetic resources only for purposes consistent with the terms and conditions under which they were acquired; d. Ensure that uses of genetic resources for purposes other than those for which they were acquired, only take place after renewed free and prior informed consent and mutually agreed terms are given; e. When supplying genetic resources to third parties, honour all terms and conditions regarding the acquired material;12 f. Maintain all relevant data regarding the genetic resources, especially documentary evidence of the free and prior informed consent and information concerning the origin and the use of genetic resources and the benefits arising from such use; g. As far as possible, endeavour to carry out the use of genetic resources with the participation of the providing country; h. Establish mechanisms to provide information to potential users on their obligations regarding access to genetic resources; i. Take measures to encourage the disclosure of the country of origin of the genetic resources in the application for intellectual property rights; j. Take measures aimed at preventing the use of genetic resources obtained without the free and prior informed consent of the provider and/or owner; k. Facilitate cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements; l. Support and promote voluntary certification and verification schemes for institutions relating to fair and equitable sharing of benefits from genetic resources; and m. Take measures discouraging unfair trade practices. GUIDELINES FOR BIODIVERSITY RESEARCH. (7) that they will abide with all local laws, government regulations and International Conventions to which Guyana is a contracting party or signatory (see Annex I), as well as those International Conventions to which the applicant’s country of residence is a contracting party or signatory. The applicant’s attention is particularly drawn to the proposed Regulation of Environmental Protection Act (1996) governing bioprospecting and the criminal penalties that may be imposed in the event of non-compliance.

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References

Amerindian Act

THE AMERINDIAN ACT.
Section 6 (2) A person who wishes to make use of any material derived from research or study under this section shall -(a) apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) in good faith negotiate and enter into a benefit sharing agreement with the Village Council. (3) A person who contravenes subsection 2(a) is guilty of an offence and is liable to the penalties prescribed in paragraph (a) of the First Schedule. (4) A person who contravenes subsection (2) (b) is guilty of an offen ce and is liable to the penalties prescribed in paragraph (b) of the First Schedule.

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 1.4 GUYANA AND THE CONVENTION ON BIOLOGICAL DIVERSITY. This national policy will inform the proposed Regulations on the access and benefit sharing process, including aspects as: e. Institutional arrangements for monitoring compliance.
Section 3.5 PARTICIPATION OF NATIONAL STAKEHOLDERS 2. National stakeholders shall be given scope and support by the GoG to facilitate, coordinate and enter into collaborative activities on ABS, and to monitor compliance of the research partner. These efforts will be in collaboration with EPA.
Section 3.6 GUYANA AS USER OR WITH USERS UNDER ITS JURISDICTION While this policy mainly covers Guyana as a provider of genetic resources, in some cases Guyana may be a user or have users of genetic resources originating from outside of its jurisdiction. Accordingly: 1. The GoG will strive to ensure that the terms and conditions effective upon the access by recipients of Guyana’s genetic resources are reciprocally respected. Guyana as user or with users of genetic resources under its jurisdiction, shall take appropriate legal, administrative, or policy measures to support compliance with free and prior informed consent of the country providing such resources and mutually agreed terms on which access was granted. 2. The EPA, as the National Authority, will function in partnership with the focal point of the providing country. However, since the EPA is not the actual user of the genetic resources, the users of genetic resources shall be held directly responsible for upholding collaborative agreements but the enforcement of these arrangements is with the Guyana law enforcement agencies. 3. Specifically, the GoG shall take the following measures directed to national users of genetic resources and law enforcement Agencies: a. Ensure that users fulfil their roles and responsibilities in a clear, objective and transparent manner; b. Seek to ensure that the commercialization and any other use of genetic resources would not prevent traditional uses of genetic resources; c. Use genetic resources only for purposes consistent with the terms and conditions under which they were acquired; d. Ensure that uses of genetic resources for purposes other than those for which they were acquired, only take place after renewed free and prior informed consent and mutually agreed terms are given; e. When supplying genetic resources to third parties, honour all terms and conditions regarding the acquired material;12 f. Maintain all relevant data regarding the genetic resources, especially documentary evidence of the free and prior informed consent and information concerning the origin and the use of genetic resources and the benefits arising from such use; g. As far as possible, endeavour to carry out the use of genetic resources with the participation of the providing country; h. Establish mechanisms to provide information to potential users on their obligations regarding access to genetic resources; i. Take measures to encourage the disclosure of the country of origin of the genetic resources in the application for intellectual property rights; j. Take measures aimed at preventing the use of genetic resources obtained without the free and prior informed consent of the provider and/or owner; k. Facilitate cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements; l. Support and promote voluntary certification and verification schemes for institutions relating to fair and equitable sharing of benefits from genetic resources; and
m. Take measures discouraging unfair trade practices. GUIDELINES FOR BIODIVERSITY RESEARCH. (7) that they will abide with all local laws, government regulations and International Conventions to which Guyana is a contracting party or signatory (see Annex I), as well as those International Conventions to which the applicant’s country of residence is a contracting party or signatory. The applicant’s attention is particularly drawn to the proposed Regulation of Environmental Protection Act (1996) governing bioprospecting and the criminal penalties that may be imposed in the event of non-compliance.

Art.15-III

The legal framework allows for cooperation with other States in the event of an alleged violation of internal laws or regulations relating to access and benefit-sharing mentioned in Article 15-1.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.6 GUYANA AS USER OR WITH USERS UNDER ITS JURISDICTION. k. Facilitate cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements;

Art.16-I

The legal framework allows for the adoption of appropriate, effective and proportionate legislative, administrative or policy measures to ensure that access to traditional knowledge associated with GR used under the country's jurisdiction has been subject to PIC or the approval and involvement of indigenous and local communities and that MAT have been established.

Document title	References
Amerindian Act	AMERINDIAN ACT. Section 5. (3) A person, other than a person referred to in section 8, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or any use or knowledge thereof within Village lands shall apply for and obtain in advance - (b) All permits required under any other written law; and (c) The permission of the Minister. Section 6. (1) A person who carries out any research or study under section 5(3) shall provide the Village Council and the Minister with - (a) A full written report of his findings; (b)A copy of all recordings made; and (e) A copy of any publication containing material derived from such research. (2) A person who wishes to make use of any material derived from research or study under this section shall - (a) Apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) In good faith negotiate and enter into a benefit sharing agreement with the Village Council. Section 13. (1) The functions of a Village Council are to - (i) protect and preserve the Village's intellectual property and traditional knowledge. Section 14. (1) Subject to the other provisions of this Act, a Village Council may, in the exercise of its functions, make rules governing (m) access to research into and recording and publication of intellectual property and traditional knowledge which belongs to the Village
Iwokrama International Centre For Rain Forest Conservation And Development Act	IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT Section 8 (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 2. POLICY STATEMENT AND OBJECTIVES. c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. THE APPLICATION PATHWAY- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. Return of Specimens (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered.

Art. 16-II

The legal framework allows for the adoption of appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with Article 16-1

Document title	References
Amerindian Act	THE AMERINDIAN ACT. Section 6 (2) A person who wishes to make use of any material derived from research or study under this section shall -(a) apply for and obtain the permission of the Village Council, the Minister, the Minister with responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996; (b) in good faith negotiate and enter into a benefit sharing agreement with the Village Council. (3) A person who contravenes subsection 2(a) is guilty of an offence and is liable to the penalties prescribed in paragraph (a) of the First Schedule. (4) A person who contravenes subsection (2) (b) is guilty of an offen ce and is liable to the penalties prescribed in paragraph (b) of the First Schedule.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 1.4 GUYANA AND THE CONVENTION ON BIOLOGICAL DIVERSITY. This national policy will inform the proposed Regulations on the access and benefit sharing process, including aspects as: e. Institutional arrangements for monitoring compliance. Section 3.5 PARTICIPATION OF NATIONAL STAKEHOLDERS 2. National stakeholders shall be given scope and support by the GoG to facilitate, coordinate and enter into collaborative activities on ABS, and to monitor compliance of the research partner. These efforts will be in collaboration with EPA. Section 3.6 GUYANA AS USER OR WITH USERS UNDER ITS JURISDICTION While this policy mainly covers Guyana as a provider of genetic resources, in some cases Guyana may be a user or have users of genetic resources originating from outside of its jurisdiction. Accordingly: 1. The GoG will strive to ensure that the terms and conditions effective upon the access by recipients of Guyana’s genetic resources are reciprocally respected. Guyana as user or with users of genetic resources under its jurisdiction, shall take appropriate legal, administrative, or policy measures to support compliance with free and prior informed consent of the country providing such resources and mutually agreed terms on which access was granted. 2. The EPA, as the National Authority, will function in partnership with the focal point of the providing country. However, since the EPA is not the actual user of the genetic resources, the users of genetic resources shall be held directly responsible for upholding collaborative agreements but the enforcement of these arrangements is with the Guyana law enforcement agencies. 3. Specifically, the GoG shall take the following measures directed to national users of genetic resources and law enforcement Agencies: a. Ensure that users fulfil their roles and responsibilities in a clear, objective and transparent manner; b. Seek to ensure that the commercialization and any other use of genetic resources would not prevent traditional uses of genetic resources; c. Use genetic resources only for purposes consistent with the terms and conditions under which they were acquired; d. Ensure that uses of genetic resources for purposes other than those for which they were acquired, only take place after renewed free and prior informed consent and mutually agreed terms are given; e. When supplying genetic resources to third parties, honour all terms and conditions regarding the acquired material;12 f. Maintain all relevant data regarding the genetic resources, especially documentary evidence of the free and prior informed consent and information concerning the origin and the use of genetic resources and the benefits arising from such use; g. As far as possible, endeavour to carry out the use of genetic resources with the participation of the providing country; h. Establish mechanisms to provide information to potential users on their obligations regarding access to genetic resources; i. Take measures to encourage the disclosure of the country of origin of the genetic resources in the application for intellectual property rights; j. Take measures aimed at preventing the use of genetic resources obtained without the free and prior informed consent of the provider and/or owner; k. Facilitate cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements; l. Support and promote voluntary certification and verification schemes for institutions relating to fair and equitable sharing of benefits from genetic resources; and m. Take measures discouraging unfair trade practices. GUIDELINES FOR BIODIVERSITY RESEARCH. (7) that they will abide with all local laws, government regulations and International Conventions to which Guyana is a contracting party or signatory (see Annex I), as well as those International Conventions to which the applicant’s country of residence is a contracting party or signatory. The applicant’s attention is particularly drawn to the proposed Regulation of Environmental Protection Act (1996) governing bioprospecting and the criminal penalties that may be imposed in the event of non-compliance.

Document title

References

Amerindian Act

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 1.4 GUYANA AND THE CONVENTION ON BIOLOGICAL DIVERSITY. This national policy will inform the proposed Regulations on the access and benefit sharing process, including aspects as: e. Institutional arrangements for monitoring compliance.
Section 3.5 PARTICIPATION OF NATIONAL STAKEHOLDERS 2. National stakeholders shall be given scope and support by the GoG to facilitate, coordinate and enter into collaborative activities on ABS, and to monitor compliance of the research partner. These efforts will be in collaboration with EPA.
Section 3.6 GUYANA AS USER OR WITH USERS UNDER ITS JURISDICTION While this policy mainly covers Guyana as a provider of genetic resources, in some cases Guyana may be a user or have users of genetic resources originating from outside of its jurisdiction. Accordingly: 1. The GoG will strive to ensure that the terms and conditions effective upon the access by recipients of Guyana’s genetic resources are reciprocally respected. Guyana as user or with users of genetic resources under its jurisdiction, shall take appropriate legal, administrative, or policy measures to support compliance with free and prior informed consent of the country providing such resources and mutually agreed terms on which access was granted. 2. The EPA, as the National Authority, will function in partnership with the focal point of the providing country. However, since the EPA is not the actual user of the genetic resources, the users of genetic resources shall be held directly responsible for upholding collaborative agreements but the enforcement of these arrangements is with the Guyana law enforcement agencies. 3. Specifically, the GoG shall take the following measures directed to national users of genetic resources and law enforcement Agencies: a. Ensure that users fulfil their roles and responsibilities in a clear, objective and transparent manner; b. Seek to ensure that the commercialization and any other use of genetic resources would not prevent traditional uses of genetic resources; c. Use genetic resources only for purposes consistent with the terms and conditions under which they were acquired; d. Ensure that uses of genetic resources for purposes other than those for which they were acquired, only take place after renewed free and prior informed consent and mutually agreed terms are given; e. When supplying genetic resources to third parties, honour all terms and conditions regarding the acquired material;12 f. Maintain all relevant data regarding the genetic resources, especially documentary evidence of the free and prior informed consent and information concerning the origin and the use of genetic resources and the benefits arising from such use; g. As far as possible, endeavour to carry out the use of genetic resources with the participation of the providing country; h. Establish mechanisms to provide information to potential users on their obligations regarding access to genetic resources; i. Take measures to encourage the disclosure of the country of origin of the genetic resources in the application for intellectual property rights; j. Take measures aimed at preventing the use of genetic resources obtained without the free and prior informed consent of the provider and/or owner; k. Facilitate cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements; l. Support and promote voluntary certification and verification schemes for institutions relating to fair and equitable sharing of benefits from genetic resources; and m. Take measures discouraging unfair trade practices. GUIDELINES FOR BIODIVERSITY RESEARCH. (7) that they will abide with all local laws, government regulations and International Conventions to which Guyana is a contracting party or signatory (see Annex I), as well as those International Conventions to which the applicant’s country of residence is a contracting party or signatory. The applicant’s attention is particularly drawn to the proposed Regulation of Environmental Protection Act (1996) governing bioprospecting and the criminal penalties that may be imposed in the event of non-compliance.

Art.16-III

The legal framework allows for cooperation with other States in the event of an alleged violation of internal laws or regulations relating to access and benefit-sharing mentioned in Article 16-1.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.6 GUYANA AS USER OR WITH USERS UNDER ITS JURISDICTION. k. Facilitate cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements

Art.17

The legal framework allows for the adoption of measures to monitor the use of GR and increase transparency regarding their utilization.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.2 THE NATIONAL AUTHORITY: THE ENVIRONMENTAL PROTECTION AGENCY 3. Any Competent Authority, individual, entity, or other agencies is free to initiate collaboration relating to Access to Genetic Resources and Benefit-Sharing but giving effect to these efforts is subject to the ultimate endorsement of the EPA. EPA’s role here is not only to endorse but also to perform a monitoring function. Responsibilities of the EPA c. Monitoring8 of Access and Benefit-Sharing agreements; d. Implementation of Access and Benefit-Sharing agreements and monitoring compliance; Section 3.5 PARTICIPATION OF NATIONAL STAKEHOLDERS. 2. National stakeholders shall be given scope and support by the GoG to facilitate, coordinate and enter into collaborative activities on ABS, and to monitor compliance of the research partner. These efforts will be in collaboration with EPA.

Art.18

The legal framework allows for the adoption of measures to encourage providers and users of GR and/or traditional knowledge associated with GR to include dispute settlement provisions in the MAT.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 3.5. PARTICIPATION OF NATIONAL STAKEHOLDERS 6. This involvement of relevant stakeholders will be promoted by: Soliciting additional support for the EPA, the ABS Sub-Committee and other involved stakeholders in negotiating newly developed or more complex ABS arrangements. Specifically, stakeholders involved in access to genetic resources and benefit-sharing have the option of employing “alternative dispute resolution” mechanisms, when negotiating mutually agreed terms.

Art.19

The legal framework allows for the adoption of measures to encourage the development, updating and use of standard sectoral and cross-sectoral contractual clauses for MAT.T.

Art.20

The legal framework allows for the adoption of measures to encourage the development, updating and use of voluntary codes of conduct, guidelines and good practices and/or standards related to access and benefit-sharing.

Document title	References
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 1.4. GUYANA AND THE CONVENTION ON BIOLOGICAL DIVERSITY. As a contracting Party, Guyana has opted to comply with the provisions of this international treaty, and to follow its guidelines. These include the 2002 Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization.

Art.21

The legal framework encourages public awareness raising of the importance of GR and traditional knowledge associated with GR, and related access and benefit-sharing issues.

Document title	References
Iwokrama International Centre For Rain Forest Conservation And Development Act	IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. Section 8 (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.
National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization	NATIONAL POLICY ON ABS. Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE 4.b. The GoG recognises the need to raise awareness among local, national and regional partners, of the requirements and existing mechanism for mutually agreed terms and contractual arrangement to facilitate agreements on ABS.

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References

Iwokrama International Centre For Rain Forest Conservation And Development Act

IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. Section 8 (3) The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system.

National Policy on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

NATIONAL POLICY ON ABS.
Section 4. FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE 4.b. The GoG recognises the need to raise awareness among local, national and regional partners, of the requirements and existing mechanism for mutually agreed terms and contractual arrangement to facilitate agreements on ABS.

Art.23

The legal framework allows for collaboration with other States on research and development programs, including biotechnology research activities.

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Guyana- International treaties – Nagoya

RATIFIED INTERNATIONAL INSTRUMENTS

Guyana

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing o Benefits Arising from their Utilization

Art. 1

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Art.2

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Art.3

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Art.4-1

Art.4-2

Art.4-3

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Art.5-1

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Art.5-2

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Art.5-4

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Art. 5-5

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Art. 6-1

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Art. 6-2

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Art. 6-3(a)

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Art. 6-3(b)

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Art. 6-3(c)

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Art. 6-3(d)

Art. 6-3(e)

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Art. 6-3(f)

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Art. 6-3(g)

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Art. 7

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Art. 8

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Art.9-I

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Art. 11

Art. 12-1

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Art. 12-2

Art. 12-3

Art. 12-4

Art.13-I

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Art.13-II

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Art.15-I