EXECUTIVE SUMMARY
The Government of Uganda’s policy and legal requirement is that access and export of the country’s
genetic resources be regulated. In line with section 44 of the National Environment Act Cap 153,
which requires the National Environment Management Authority (NEMA) to issue guidelines and
prescribe measuresfor sustainable management and utilisation of Uganda’s genetic resources, the
National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005 was put
in place. Regulation 8(c) gives NEMA the duty to develop guidelines for access to, and export of
genetic resources. These Guidelines therefore lay out the conditions under which this shall be done. It
is expected that they will provide the relevant stakeholders in a clear manner, simplified procedures
and conditions guiding that access.
The overall objective of the Guidelines is to provide for simple arrangements and procedures
including measures for accessing biological and genetic resources of Uganda, their products and
derivatives for scientific research, commercial and any other purposes connected therewith and to
ensure equitable sharing of the benefits accruing therefrom in accordance with the National
Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005.
Access to the genetic resources, or parts thereof, naturally occurring or naturalised, bred, or intended
for commercial purposes within Uganda, or for export, is prohibited under the country’s policies and
laws unless an Access Permit has been obtained from the Uganda National Council for Science and
Technology (UNCST). Before one is given an Access Permit to access genetic resources in Uganda,
the person intending to access the genetic resources must obtain a Prior Informed Consent (PIC) and
an Accessory Agreement with the resource owners, enter into and sign a Material Transfer Agreement
(MTA) with the Lead Agency responsible for management of the resources and carry out
environmental impact assessment where found necessary. The EIA must be carried in accordance with
the EIA Regulations of 1998.
PIC is adopted as a key component of the contractual process of getting access to Uganda’s genetic
resources. The requirement for PIC applies to all individuals, companies and associations wishing to
access genetic resources in Uganda. The supplier of the resources is required to fully appreciate the
nature of the resource being sought, its potential or actual value and potential use before consenting to
the access.
Uganda recognises and protects the rights of local communities to benefit from their traditional
knowledge and to receive compensation for any use of such knowledge. Holders of traditional
knowledge have the right to ask for benefits from the knowledge and information have provided with
respect to a genetic resource that a person would like to access. They have the right to extend or refuse
their approval for such access. As such, application of the principle of PIC to the rights of local
communities is mandatory.
An 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. It clearly states the rights and obligations of
any party who may have ownership of, or authority over genetic resources to which access is being
sought. Its enables the Government of Uganda to keep track of the material accessed and helps in
keeping records of material collected from Uganda in any given period of time.
There are some activities that lead to access of the country’s genetic resources which are exempted
from the requirement of an Access Permit. These include exchange of genetic resources done by the
local community amongst themselves and for their own consumption; exchange certified to be purely
for food or other consumptive purposes as prescribed in the relevant laws, genetic resources in transit
through Uganda, genetic resources derived from plant breeders, human genetic resources and where
use is intended for approved research for educational purposes by Ugandan institutions. This exempted
use must not have commercial motivations. If the use is changed to commercial, then the procedure for
obtaining an Access Permit must be followed.
Once a person has been given permission to access genetic resources in Uganda, the applicant is
required to indicate whether the genetic resource/material is for export or whether it will be used
within Uganda. Each time an applicant with a valid Access Permit wishes to export genetic material
they have to obtain an Export Permit from the CITES Management Authority in the Ministry of
Guidelines for Access to Genetic Resources and Benefits Sharing
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