The MTA is given only:
1. for a specified period of time
2. after payment of a fee prescribed in Section 7.1. This fee shall be paid to the owners / managers of
the resource according to agreed percentages
3. and when other fees as provided for under other complimentary laws such as under Wildlife Act,
2000 have been paid
After concluding the MTA, an Access Permit is granted by UNCST allow the applicant access and
collect the genetic resources.
A MTA takes effect only if an access permit for the proposed access is issued by UNCST. At the
expiration of the MTA, it shall be re-negotiated if considered necessary. Otherwise, the possession of
genetic material originating from Uganda reverts to the Government of Uganda.
Future use of genetic resources must be negotiated in the MTA right from the beginning of the
process. Renegotiation of the MTA is required in case of future use of the genetic resources after the
expiry of the agreement and all parties to the MTA must be informed. Should the materials that are
subject of a MTA obtain unforeseen commercial value after conclusion of the agreement, the applicant
is required to go back to UNSCT to declare this value. The benefits to be shared shall be re-negotiated
and the MTA revised accordingly.
The parties involved in a transaction on genetic resources are encouraged to seek support by a
mediator when negotiating mutually agreed terms. The mediator shall facilitate the negotiations of
mutually agreed terms between the concerned parties with the aim of obtaining a balanced outcome.
Should there be any disagreement in the implementation of the MTA, the laws of Uganda shall be
applied. Any disputes that may arise with other countries must be settled according to the provisions
of the agreements and the Regulations. If a dispute arises with a country party to the Agreement on
Biological Diversity, signed in Rio de Janeiro on June 5, 1992, the solution adopted must also abide by
the principles established in that Agreement.
3.1.4
Access Permit
The Access Permit format is set out in Annex 5 to these Guidelines. Any person or company or
organisation wishing to access and or collect genetic resources of Uganda shall be required to submit a
formal application to UNCST, sixty days in advance. An application for an Access Permit shall be
accompanied by:
1. a written Prior Informed Consent, given by the relevant person or body;
2. an Accessory Agreement;
3. an EIA certificate where required;
4. a duly negotiated and signed MTA, plus copies of receipts indicating payment of the required fees;
and
5. a detailed project proposal highlighting the nature of genetic resource to be accessed including the
species of interest, location, quantity, activities, equipment, duration, purpose and any other
relevant information as may be required by the Competent Authority.
UNCST may, where it deems it necessary for the purposes of authentication of documents, request an
applicant to submit the originals of the documents specified above or request for further information
from the applicant. An application for access to genetic resources of any species listed as protected or
threatened shall be accompanied by a written approval, from the CITES Management Authority.
Guidelines for Access to Genetic Resources and Benefits Sharing
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