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LAW OF THE REPUBLIC OF BELARUS

of March 5, 2024 No. 356-Z

About the address with genetic resources

Accepted by the House of Representatives on January 31, 2024

Approved by Council of the Republic on February 19, 2024

This Law is adopted in development of the Nagoysky protocol of regulation of access to genetic resources and joint use on fair and equal basis of benefits from their application to the Convention on biological diversity of October 29, 2010 (further - the Nagoysky protocol) and establishes the legal basis of state regulation in the field of the address with genetic resources and (or) the related traditional knowledge for the purpose of their preserving and joint use on fair and equal basis of benefits from their application for ensuring preserving and steady use of biological diversity, preserving human health and ensuring food security.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

1. Mutually agreed conditions - conditions of joint use by the supplier, user and (or) the third party of benefits from use of genetic resources (further - benefits) on fair and equal basis.

2. Genetic resources - the genetic material which is of the actual or potential value and also digital information on the sequences of nucleotides.

3. Genetic material - any material of animal, plant, microbic or other origin containing functional units of heredity.

4. Access to genetic resources - the right to genetic resources and (or) the related traditional knowledge for the purpose of their use outside the Republic of Belarus confirmed with internationally acknowledged certificate on compliance to requirements.

5. Use of genetic resources - carrying out researches, developments concerning genetic and (or) biochemical structure of genetic resources, creation, change and (or) introduction in civil circulation of products and materials on basis or with inclusion of genetic resources, the order the rights to such products and materials, use of the traditional knowledge connected with genetic resources, other activities in the course of which genetic resources are applied.

6. The checkpoint of monitoring in the field of the address with genetic resources (further - the checkpoint of monitoring) - the organization or its structural division performing monitoring in the field of the address with genetic resources.

7. Internationally acknowledged certificate on compliance to requirements (further - the international certificate) - the document in the electronic form, confirmatory access to genetic resources according to this Law operating it is termless.

8. The mechanism of mediation of the Nagoysky protocol - the information resource on the global computer Internet created for implementation of the Nagoysky protocol and providing the international exchange of information about access to genetic resources and joint use of benefits, the legislation in the field of the address with genetic resources and other information in this area.

9. Monitoring in the field of the address with genetic resources - collection, systematization and information analysis about the transferred genetic resources and (or) the related traditional knowledge, their use, joint use of benefits, and also about observance of this Law by transfer of genetic resources and (or) the related traditional knowledge.

10. The national coordination center for questions of access to genetic resources and joint use of benefits (further, unless otherwise specified, - the National coordination center) - structural division of the public scientific institution "Institute of Genetics and Cytology of National Academy of Sciences of Belarus" (further - Institute of genetics and cytology of NAS of Belarus) which provides access (changes access conditions) to genetic resources, performs coordination of activities and international cooperation in the field of the address with genetic resources, and also carries out other tasks in this area.

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