Procedure for Access to the Genetic Resources of the Republic of Belarus
1. The provider of genetic resources or their potential user shall contact the National Coordination Centre on Access to Genetic Resources and Benefit-sharing (ABS NCC) in any convenient way (telephone, e-mail, in person) and fill in an access application either in Russian or English.
2. ABS NCC shall apply to the Competent National Authority (CNA) (the Ministry of Natural Resources and Environmental Protection) to obtain a prior informed consent. The Ministry shall analyze the submitted information and make a decision whether to issue PIC or reject it.
3. During the procedure for PIC, ABS NCC shall check whether mutually agreed terms between the provider and user of genetic resources are specified in the collaboration contract (agreement) and comply with the Nagoya Protocol.
Mutually Agreed Terms (MAT) shall include as follows:
- Terms on sharing of benefits arising from the transfer of a genetic resource, including intellectual property rights;
- Terms on subsequent use by the third Party if it is a case;
- Provision on an intent change.
ABS NCC advises an applicant and assists in bringing MAT in line with the Nagoya Protocol requirements providing model clauses, if required, or in preparing a supplementary contract to the collaboration contract (agreement).
4. After signing a contract (collaboration agreement) with the agreed terms, ABS NCC shall apply with the Ministry of Natural Resources and Environmental Protection to obtain a permit for access to genetic resources, which serves as evidence of compliance with the Nagoya Protocol requirements.
5. ABS NCC shall submit information from the ABS 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 the legality of the genetic resource transfer.
When applying to ABS NCC, an applicant shall provide information as follows:
- Name, legal address, contact person, contact phone number and e-mail address of the provider and the potential user of the genetic resource requested
- Biological type of the genetic resource, if known, including its Latin name
- Number and brief description of samples
- Type of use (research, commercial use)
- Brief description and purpose of the research/commercial use
- Contract (draft contract) or collaboration agreement (draft agreement) (if available).
If the potential user has no contact organization in Belarus, then at his or her request ABS NCC will assist in finding a provider partner.