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PART III: ACCESS TO GENETIC RESOURCES
Persons wishing to access and or supply genetic resources and their derivatives have to acquire written
agreements where required by applicable law and best practice, setting out the terms and conditions
under which the genetic resources may be acquired, used and supplied and resulting benefits shared. In
order to access genetic resources within Uganda, an applicant is required to go through steps as shown
in Figure 1 and as explained in the proceeding sections. Use and supply of genetic resources and their
derivatives are permitted on terms and conditions consistent with those under which they were
acquired.
It should be noted here that Ugandan owners of resources do not need to apply for an access permit
before accessing their own resources. However, should the owners of the genetic resources desire to
use genetic resource for research, bio prospecting, commercial purposes or for export arise, then an
Access and or export permit is a requirement. An Access Permit is a permit that authorizes a person to
access genetic/biological resources. It is obtained from UNCST which is the competent authority for
the Regulations on Access to Genetic Resources and Benefit Sharing in Uganda
3.1
Access Procedure
3.1.1
Prior Informed Consent
The CBD adopts PIC as a key component of the contractual process of getting access to genetic
resources. The requirement for PIC applies to all individuals, companies and associations wishing to
access genetic resources in Uganda. This includes their products and derivatives for scientific
research, commercial use, bio-prospecting, conservation, industrial application and any other
purposes. PIC requires the supplier of the resource to fully appreciate the nature of the resource being
sought, its potential or actual value and potential use before consenting to the access. Therefore,
consent not based on full appreciation of the context of the agreement is considered invalid.
PIC is obtainable from the following categories of genetic resources owners:
1. Cultural Communities - in cases where the access will be undertaken within their ancestral
domains / lands
2. Local Communities - in cases where the access will be undertaken within their area(s) of
jurisdiction
3. UWA and NFA - in cases where the access will be undertaken within a protected area
4. Private Land Owner - in cases where the access will be undertaken on land privately owned
Any person, institution or company intending to access or collect genetic resources has to apply to the
relevant category of genetic resource owners for a PIC. This application has to be made on the form
set out in Annex 1 obtainable from the UNCST on payment of fees prescribed in Section 5.2. The PIC
is granted in the form set out in Annex 2 but before granting a PIC, the resource owner has to sign an
Accessory Agreement in Annex 3 with the applicant.
A checklist is hereby given, of what the owner of genetic resources has to consider before signing an
Accessory Agreement:
a) The environmental or social impact of access is not detrimental to the local environment from
where the genetic resource is to be obtained
b) The terms and benefit sharing are in line with national development goals
c) The relevant permits or other authorisations have been obtained
d) Where applicable, local and indigenous communities that may be affected or derive livelihood
from the same resource have been consulted
e) The applicant is capable of observing the conditions against which the Agreement may be issued
f) The applicant possesses the legal capacity to enter into accessory agreement
Guidelines for Access to Genetic Resources and Benefits Sharing
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