Criteria 3.4: Criteria 3.4: Use of raw material complies with legal requirements on access and benefit sharing (ABS)
3.4.1 Applicability of ABS legal requirements is defined for research, product development, commercialisation or other relevant activities involving natural raw materials
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the OaS has information on national or local laws or regulations on access to genetic resources, in line with the Convention on Biological Diversity (CBD) or the Nagoya Protocol
the OaS has itself assessed or asked for advice on whether and how any regulations regulating access to biological or genetic resources apply to its activities
information on applicability and implications of legal requirements on ABS is updated
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DOCUMENTATION
documentation on laws and regulations in force and applicable to activities
documentation of exchanges with competent authorities
report of legal assessment conducted internally or externally
list of sources of information checked regularly on ABS
INTERVIEWS
with OaS:
awareness of ABS concept and legal framework
information gathered and people contacted on applicability of ABS rules
rationale for finding rules do not apply to its activities
Scoring guidance
0 - No awareness or information on ABS laws or regulations in region or country
1 - Awareness of ABS laws or regulations but no effort or clarity on how rules apply to activities
2 - Applicability of ABS laws or regulations has been assessed but may not be complete or up to date
3 - Applicability of ABS laws or regulations has been assessed and is complete and up to date
N/A - No ABS laws or regulations are in force in the country
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Importance
Critical
ApplicabilityCultivation & wild collectionOaS |