Notification 2014-113

Designation of national focal point, competent national authority, clearing-house publishing authority and authorized users for the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

Dear Madam/Sir, As you are aware, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will enter into force on 12 October 2014. In this regard, I wish to draw your attention to Article 13 of the Protocol which requires Parties to the Protocol to transmit the following information to the Secretariat no later than the date of entry into force of the Protocol: National Focal Points and Competent National Authorities Each Party shall designate a national focal point on access and benefit-sharing. The national focal point shall make information available as follows: (a) For applicants seeking access to genetic resources, information on procedures for obtaining prior informed consent and establishing mutually agreed terms, including benefit-sharing; (b) For applicants seeking access to traditional knowledge associated with genetic resources, where possible, information on procedures for obtaining prior informed consent or approval and involvement, as appropriate, of indigenous and local communities and establishing mutually agreed terms including benefit-sharing; and (c) Information on competent national authorities, relevant indigenous and local communities and relevant stakeholders. The national focal point shall be responsible for liaison with the Secretariat. In the event that your country has already nominated a national focal point on access and benefit-sharing, it would be appreciated if you could reconfirm that the nominee will serve as the official Nagoya Protocol National Focal Point Each Party shall designate one or more competent national authorities on access and benefit-sharing. Competent national authorities shall, in accordance with applicable national legislative, administrative or policy measures, be responsible for granting access or, as applicable, issuing written evidence that access requirements have been met and be responsible for advising on applicable procedures and requirements for obtaining prior informed consent and entering into mutually agreed terms. A Party may designate a single entity to fulfil the functions of both focal point and competent national authority. Each Party shall, no later than the date of entry into force of this Protocol for it, notify the Secretariat of the contact information of its national focal point and its competent national authority or authorities. Where a Party designates more than one competent national authority, it shall convey to the Secretariat, with its notification thereof, relevant information on the respective responsibilities of those authorities. Where applicable, such information shall, at a minimum, specify which competent authority is responsible for the genetic resources sought. Each Party shall forthwith notify the Secretariat of any changes in the designation of its national focal point or in the contact information or responsibilities of its competent national authority or authorities. In accordance with paragraph 4 of Article 13 of the Nagoya Protocol, the Secretariat shall make the above information received available through the Access and Benefit-sharing Clearing-House. Designation of the publishing authority for the ABS Clearing-House and national authorized users Pursuant to paragraph 3 of recommendation 3/4 of the Intergovernmental Committee on Nagoya Protocol, the Secretariat through notification 2014-045, dated 21 March 2014, invited Parties to designate a publishing authority and/or one or more national authorized users with a view to having a fully functional ABS Clearing-House by the time of entry into force of the Nagoya Protocol. Against this background, a common format has been prepared for the pilot phase for designating both the ABS Clearing-House publishing authority (PA) and national authorized users (NAUs). Parties that have not yet designated their PA and NAUs are kindly requested to do so at their earliest convenience and provide the Secretariat with the relevant information as soon as possible, but no later than 12 October 2014. Please accept, Madam/Sir, the assurances of my highest consideration.

Executive Secretary

To: CBD National Focal Points of countries that have ratified/acceded/approved the Nagoya Protocol on ABS

2014-09-10

Subject(s): Access to Genetic Resources and Benefit-sharing

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