Follow Up and Compliance Measure

PART FOUR: FOLLOW UP AND COMPLIANCE MEASURE

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20. Follow up

1/ The Institute shall follow up the execution of access agreements through the following mechanisms;

a) Inspection;

b) periodic progress and status report by access permit holders and the relevant institutions designated to accompany the collection, participate in the research and monitor the implementation of access agreement;

c) A report by any other person or individual; and

d) any other mechanism deemed appropriate

2/ The access permit holder and the relevant institutions designated to take part in the collection of and the research based on genetic resources accessed and to monitor the implementation of access agreements shall give periodic reports to the Institute on the collection conducted, the progress of the research and the findings there from.

3/ The Institute shall inform the concerned local communities of the progress of the research and the findings thereof; the utilization of community knowledge and the benefit shared there from.

21. Compliance Measure

1/ The Institute may alter an access agreement and limit the size of the genetic resource to access or put any other limitation, as appropriate, where it is recognized that the access has posed threat of genetic erosion degradation of the environment or violation of the cultural values of communities which can not be easily averted.

2/ Where the access permit holder has violated or failed to comply with the provisions of this proclamation or the terms and conditions of the access agreement or where the access causes risk of damage to genetic resources or the environment or affects overriding public interest, the Institute shall suspend or terminate an access agreement and prohibit the access to genetic resources or community knowledge.

3/ Where the Institute decides to alter, suspend or terminate an access agreement, it shall communicate same to the concerned local community and the access permit holder.