أنغولا

MINISTRY FOR AGRICULTURE AND RURAL DEVELOPMENT

Order No. 59/96

of June 14

Courtesy translation provided by WIPO, © 2012

The Republic of Angola is a signatory to the Convention on Biodiversity and the International

Treaty on Plant Genetic Resources for Food and Agriculture, which recognize the sovereign

right of States to conserve and use their biological resources;

In recent years this valuable national heritage has been exported without any benefits to

either national institutions or local communities from such activity;

Noting the absence of specific protective legislation in the area of national biodiversity

conservation and given the extreme need and urgency to regulate the collection, transfer and

export of plant germplasm;

In the exercise of the powers conferred on me by Article 114(3) of the Constitutional Law, I

state that:

1. In the Republic of Angola, collections and exports of phytogenetic resources may only

be carried out, either by nationals or by foreigners or by national or foreign entities,

following authorization from the National Committee for Phytogenetic Resources,

(CNRF).

2.The collectors or their sponsors interested in phytogenetic exploitation in Angola shall

address their requests to CNRF mentioning:

(a) their commitment to respect the relevant legislation of the Republic of Angola;

(b) the demonstration of knowledge of the species to be collected, their geographic

distribution and collection methods;

(c) present indicative plans for field missions and provisional itineraries;

(d) a request for the type of assistance necessary for the successful outcome of

the mission;

(e) presentation of a list of national and/or international entities to which the

phytogenetic resources will be distributed (Mission Report) once the mission

has been undertaken.

3.CNRF shall communicate, within a period of 30 days, its decision to the collectors and

sponsors requesting the license.

3.1 In the event of a favorable decision, CNRF shall, before the mission, establish the

collaboration conditions including:

(a) indication of the types and quantities of germplasm which may be collected and

exported;

(b) disclosure of any particular provision or restriction related to the distribution or

use of germplasm or of improved materials derived from them;

(c) nomination of a national counterpart to accompany the field mission and/or to

collaborate thereafter;

(d) determination of any financial obligation to be met by the applicant, including

potential national participation in the collection team and other services which could

be provided;

(e) provision of relevant information to the applicant, about the country and its

policies related to phytogenetic resources.

4.Once authorization has been obtained, the collectors shall, in the exercise of their

activities, respect the customs, local traditional values and property rights.

4.1. In order not to aggravate the risks of genetic erosion, when obtaining the

germplasm, the material populations, either in farmers’ plantations or of wild species,

must not be exhausted.

4.2. Wherever the germplasm is collected, the collector shall systematically register

the collection data, in order to allow the entities and users of germplasm to become

familiar with the original context.

5.Once collection in the field has been concluded, the collectors and their sponsors shall:

(a) deposit duplicates of all the collections and associated materials and the

corresponding information registers with the institution(s) previously agreed

upon for example, the National Genetic Bank, National Herbarium or the

Institute for Agronomic Research;

(b) carry out the official administrative procedures for quarantine and treatment of

samples so that they are transferred as fast as possible and with optimum

viability indicators;

(c) obtain the phytosanitary and authorization certificates necessary for

exploitation;

(d) deliver a report of the samples collected to CNRF and/or another relevant

official entity.

6.The sponsors and curators shall adopt measures of a practical nature on the transfer of

material including the sharing of the benefits derived from the germplasm collected,

with local communities, farmers and national institutions.

7.The germplasm users shall, for the benefit of local communities, farmers and national

institutions offer some form of compensation for the profits made from the use of the

material collected, for example:

(a) facilitate access to new and better varieties and other products on mutually

agreed terms;

(b) support the research of interest for the conservation and use of phytogenetic

resources;

(c) training of national teams for conservation, assessment and use of

phytogenetic resources;

(d) support national programs to assess and improve local varieties and other local

germplasm, with the aim of encouraging the best possible utilization of

phytogenetic resources at the national and regional levels for farmers and

communities and encourage the conservation thereof;

(e) any other appropriate support for farmers in the conservation of local

germplasm.

8.The following definitions shall apply:

Phytogenetic resources and plant germplasm; reproductive or propagated plant

material, cultivated or wild;

Genetic erosion ­ the loss of genetic diversity;

Curator – the natural or legal person who conserves and manages phytogenetic

resources and the corresponding information;

Sponsor – the natural or legal person who sponsors financially or in another way, the

task of collecting phytogenetic resources.

9.This Order shall not cover all commercial exports, both normal and day to day, of

coffee and other foods normally exported in the form of grain.

10. Equally exempt from the application of this Order shall be the following categories of

plants and material exported from the country on an individual basis

and for personal use, for example:

(a) bunches of ornamental flowers;

(b) roasted or cooked foods;

(c) dried medicinal plants for therapeutic purposes and in quantities appropriate for

personal use;

(d) dried flowers, without seeds;

(e) up to three specimens of herborized, dried plants (without seeds, if exported

under the system of trade between national herbaria).

11. This Order shall enter into force immediately.