g) The requirements of the National Environment Act, Cap. 153, the National Environment (Access
to Genetic Resources and Benefit Sharing) Regulations, 2005, the Wildlife Act CAP 200 of 2000,
the Uganda National Council of Science and Technology Act, Cap. 209 and other environmental
and conservation laws as well as any other laws have been complied with
In considering whether an access provider has given informed consent, the following shall be put
under consideration:
1. whether the resources owner had adequate knowledge of the Regulations and was able to engage
in reasonable negotiations with the applicant on benefit-sharing;
2. whether the resources owner was given adequate time to consider the application, consult with
relevant people and negotiate the MTA;
3. if the biological resources are in an area that is communally owned, whether the views of the
Local Council, at the lowest level, have been sought;
4. wether the owner was aware of the value of the resources being accessed
In order to obtain PIC, the applicant is required to provide a full explanation of how the genetic
resources will be acquired and used as follows:
1. When acquiring genetic resources from in-situ conditions, obtain PIC from the owners of the
resource and any other relevant stakeholders, according to applicable law and best practice.
2. When acquiring genetic resources from ex-situ collections (such as botanic gardens), obtain PIC
from the body governing the ex-situ collection and any additional consents required by that body.
3. When acquiring genetic resources from ex-situ sources, whether from ex-situ collections,
commercial sources or individuals, evaluate available documentation and, where necessary, take
appropriate steps to ensure that the genetic resources were acquired in accordance with applicable
law and best practice.
3.1.2
Accessory Agreements
Where a LA, local community or owner of genetic resources is satisfied with an application for PIC
referred to in sub section 3.4.1, they may sign an Accessory Agreement with the applicant, before PIC
is given.
When negotiating Accessory Agreements, each party shall make reasonable effort to clarify in writing
the respective roles, rights and responsibilities, as found appropriate. The Accessory Agreement shall
be made on the form set out in Annex 3 obtained from the UNCST.
It should be noted here that the granting of a PIC and the executing of an Accessory Agreement do not
entitle the applicant to access the genetic resources. These two documents only enable the applicant to
proceed with making an application to UNCST, for an Access Permit (refer to Section 3.4.4).
It should further be noted that there may be more than one owner for a particular genetic resource or
the applicant may wish to access genetic resources from several areas in which case there may be
more than one owner. In the case of the former, all the owners of the resource will be signatory to the
agreement. In the case of the latter, each owner will enter into an agreement with the applicant.
3.1.3
Material Transfer Agreement
A MTA is an agreement between a LA and a collector, setting out the terms under which genetic
resources can be transferred from one party to another. Where the desired AGR involves collection
and / or transfer of genetic materials, the applicant has to enter into a MTA with the Government or its
representative before obtaining an Access Permit.
The MTA shall clearly state the rights and obligations of any party who may have ownership of, or
authority over genetic resources to which access is being sought and shall in particular contain the
information prescribed hereunder. Guidance as to how the MTA should be set out is given in Annex 4.
The purpose of the MTA is to enable the Government of Uganda to track the material to its final
destination and use. It also helps in ensuring that records are kept of whatever material has been
collected from Uganda in a given period of time.
Guidelines for Access to Genetic Resources and Benefits Sharing
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