Researchers who intend to access relevant genetic resources either directly from their country of origin or from third parties must exercise due diligence i.e. undertake a process to ascertain that any biological material accessed (or transferred) and used for research meets legal requirements on ABS.
1. Determine whether the Nagoya Protocol will apply to the material. Please refer to the Checklist for Researchers, which provides a step by step guide on how to determine this. If you determine that the Protocol does not apply, skip to step 7 below.
2. Identify information on the provider country. Use the Checklist for Researchers , referring to the ABS Clearing House website to determine whether the provider country has ratified the Protocol and established measures to regulate the genetic resource you intend to use.
3. If required, undertake due diligence. The due diligence steps required will vary depending on how the genetic resource was accessed. The Checklist for Researchers summarizes the steps detailed below.
For direct access (i.e. using genetic resources obtained directly from the country of origin by the researcher):
For indirect access (i.e. the genetic resource is accessed from a third party e.g. collaborator, private/registered collection, botanical garden etc.):
4. Submit a Due Diligence Declaration. If you are using genetic resources that are covered by the Nagoya Protocol, it will be necessary to make a declaration of due diligence. Refer to the Checklist for Researchers for further information.
5. Keep appropriate records. Due diligence records (i.e. IRCC or equivalent information ) must be stored for a minimum of 20 years after the end of utilization.
6. Transfer (i.e. giving the genetic resource to a third party).
7. If you determine that your work is not within the scope of the Nagoya Protocol: