Accessing the Genetic Resources of the Republic of Belarus. Procedure
1. The provider of genetic resources (GRs) or their potential user contacts the National Coordination Centre on Access to Genetic Resources and Benefit-sharing (ABS NCC) in any convenient way (by phone, e-mail or in person) and fills in an access application form either in Russian or English.
2. The ABS NCC contacts (a written request) the Competent National Authority (CNA) (the Ministry of Natural Resources and Environmental Protection of the Republic Belarus) to obtain prior informed consent (PIC). The Ministry analyzes submitted information and makes a decision whether to issue PIC or not.
3. At the stage of obtaining PIC, the ABS NCC checks whether the GRs provider and their user have specified mutually agreed terms in the Genetic Resources Transfer Agreement and their compliance with the Nagoya Protocol.
Mutually Agreed Terms (MAT) shall include the following:
- Benefit-sharing terms associated with genetic resources transfer, including intellectual property rights;
- Terms of subsequent utilization by the third Party if appropriate;
- A change of intent clause.
The ABS NCC advises an applicant and assists in bringing MAT in line with the provisions of the Nagoya Protocol, providing model clauses, if required, or preparing a supplementary agreement to the Genetic Resources Transfer Agreement.
4. After signing a Genetic Resources Transfer Agreement that includes mutually agreed terms, the ABS NCC applies with the Ministry of Natural Resources and Environmental Protection to obtain a GRs access permit, which serves as evidence that provisions of the Nagoya Protocol are complied with.
5. The ABS NCC submits information from the GRs access permit issued by the Ministry of Natural Resources and Environmental Protection to the ABS Clearing-House at https://absch.cbd.int/countries, and based on it, an Internationally Recognized Certificate of Compliance is generated to confirm that GRs transfer is in line with legislation.
Access Application Form
When applying with the ABS NCC, an applicant shall provide the following information:
- Name, legal address, contact person, contact phone number and e-mail address of the provider and the potential user of the GRs requested;
- GRs biological type, if known, including their Latin names;
- Number and brief description of samples;
- Type of use (research, commercial use);
- Brief description and purpose of research/commercial use;
- Genetic Resources Transfer Agreement or its draft (if prepared).
If the potential user has no contact organization in Belarus, then, upon request, the ABS NCC will assist in finding a provider partner.