WIPO Lex

Guidelines for Accessing Genetic Resources And Benefit Sharing In Uganda

THE REPUBLIC OF UGANDA

GUIDELINES FOR ACCESSING GENETIC RESOURCES AND BENEFIT SHARING IN UGANDA

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

MINISTRY OF WATER AND ENVIRONMENT

FIRST EDITION

JUNE 2007

FOREWORD

Uganda has come a long way in her effort to sustainably manage and use her genetic/biological resources. This process began with Government signing and ratifying the Convention on Biological Diversity (CBD) on 12 June 1992 and 8th September 1993. Government is involved in the implementation of the various articles of CBD and has gone ahead to domesticate CBD into its national laws (including the Constitution of the Republic of Uganda) and policies. The journey has been long and arduous one but the effort has been worthwhile.

Legislative framework has been put in place to control the use of Uganda’s rich genetic/biological resources. The regulations governing access to our genetic resources and the sharing of benefits have been enacted. Following this, we have now produced these guidelines to help all people dealing with our genetic resources to know how to manage the procedures for access, not forgetting how to ensure that the benefits accruing from granting a person access to genetic resources are well negotiated and shared with the owners of the resource. The development of these Guidelines is therefore a big milestone in help the country to use our genetic resources for national socio-economic development, poverty eradication and prosperity for all.

Implementing these guidelines needs combined effort and collective responsibility by all stakeholders to cater for the varying interests. I feel that the commitment and the will to move this process forward this exists. Although we expect to obtain benefits from people who would like to access our genetic resources, we need to recognise that meaningful and realistic benefits can only be realised through collaboration to ensure that the owners of Uganda’s resources are aware of the potential value of the genetic resource so that benefits realised through sustainable and controlled management of the resource. Thus awareness raising and training on the subject of access and benefit sharing arising from the use of our genetic resources thus an integral component during implementation of these guidelines. I call upon all stakeholders to work with the National Environment Management Authority (NEMA) and competent authority-Uganda National Council for Science and Technology-in creating awareness and carrying training to facilitate implementation of these Guidelines.

NEMA is indebted to all the stakeholders who participated and provided input during the development of these Guidelines which included government ministries, departments, local government, research institutions, academia, NGOs, CSOs, the private sector and the Technical Committee on Biodiversity Conservation. Your support helped us to come up with these Guidelines that has taken into consideration the concerns of the various interest groups.

I take this opportunity to urge all stakeholders to actively participate in the implementation of these Guidelines, especially in helping the local communities at the grass roots to improve their livelihoods through sustainable use of our genetic/biological resources. Implementation of this first edition of the Guidelines will no doubt provide learning experience as well as identify any gaps that we may not have foreseen during the development these Guidelines. NEMA will in consultation with the stakeholders review and update the Guidelines to make it relevant to the prevailing conditions.

Aryamanya-Mugisha, Henry

EXECUTIVE DIRECTOR, NEMA

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ACRONYMS

AA - Accessory Agreement

AGR - Access to Genetic Resources

CBD - Convention on Biological Diversity

CITES - Convention on International Trade in Endangered Species of Wild Fauna and Flora

EIA - Environmental Impact Assessment

ITPGRFA- International Treaty on Plant Genetic Resources for Food and Agriculture

LA - Lead Agency

LC - Local Communities

MTA - Material Transfer Agreement

MTTI - Ministry of Tourism Trade and Industry

NEMA - National Environment Management Authority

PIC - Prior Informed Consent

TRIPS - Trade Related Aspects of Intellectual Property Rights

UNCST - Uganda National Council for Science and Technology

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EXECUTIVE SUMMARY

The Government of Uganda’s policy and legal requirement is that access and export of the country’s genetic resources be regulated. In line with section 44 of the National Environment Act Cap 153, which requires the National Environment Management Authority (NEMA) to issue guidelines and prescribe measuresfor sustainable management and utilisation of Uganda’s genetic resources, the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005 was put in place. Regulation 8(c) gives NEMA the duty to develop guidelines for access to, and export of genetic resources. These Guidelines therefore lay out the conditions under which this shall be done. It is expected that they will provide the relevant stakeholders in a clear manner, simplified procedures and conditions guiding that access.

The overall objective of the Guidelines is to provide for simple arrangements and procedures including measures for accessing biological and genetic resources of Uganda, their products and derivatives for scientific research, commercial and any other purposes connected therewith and to ensure equitable sharing of the benefits accruing therefrom in accordance with the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005.

Access to the genetic resources, or parts thereof, naturally occurring or naturalised, bred, or intended for commercial purposes within Uganda, or for export, is prohibited under the country’s policies and laws unless an Access Permit has been obtained from the Uganda National Council for Science and Technology (UNCST). Before one is given an Access Permit to access genetic resources in Uganda, the person intending to access the genetic resources must obtain a Prior Informed Consent (PIC) and an Accessory Agreement with the resource owners, enter into and sign a Material Transfer Agreement (MTA) with the Lead Agency responsible for management of the resources and carry out environmental impact assessment where found necessary. The EIA must be carried in accordance with the EIA Regulations of 1998.

PIC is adopted as a key component of the contractual process of getting access to Uganda’s genetic resources. The requirement for PIC applies to all individuals, companies and associations wishing to access genetic resources in Uganda. The supplier of the resources is required to fully appreciate the nature of the resource being sought, its potential or actual value and potential use before consenting to the access.

Uganda recognises and protects the rights of local communities to benefit from their traditional knowledge and to receive compensation for any use of such knowledge. Holders of traditional knowledge have the right to ask for benefits from the knowledge and information have provided with respect to a genetic resource that a person would like to access. They have the right to extend or refuse their approval for such access. As such, application of the principle of PIC to the rights of local communities is mandatory.

An MTA is an agreement between a LA and a collector, setting out the terms under which genetic resources can be transferred from one party to another. It clearly states the rights and obligations of any party who may have ownership of, or authority over genetic resources to which access is being sought. Its enables the Government of Uganda to keep track of the material accessed and helps in keeping records of material collected from Uganda in any given period of time.

There are some activities that lead to access of the country’s genetic resources which are exempted from the requirement of an Access Permit. These include exchange of genetic resources done by the local community amongst themselves and for their own consumption; exchange certified to be purely for food or other consumptive purposes as prescribed in the relevant laws, genetic resources in transit through Uganda, genetic resources derived from plant breeders, human genetic resources and where use is intended for approved research for educational purposes by Ugandan institutions. This exempted use must not have commercial motivations. If the use is changed to commercial, then the procedure for obtaining an Access Permit must be followed.

Once a person has been given permission to access genetic resources in Uganda, the applicant is required to indicate whether the genetic resource/material is for export or whether it will be used within Uganda. Each time an applicant with a valid Access Permit wishes to export genetic material they have to obtain an Export Permit from the CITES Management Authority in the Ministry of

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Tourism, Trade and Industry. In addition to this, export of specimen of a species included in Appendix III by the importing country requires the issuance of a Certificate of Origin by the exporting country

Sharing of benefits arising from the use of genetic/biological resources is one of the objectives of the Convention on Biological Diversity (CBD). The Convention calls for “the fair and equitable sharing of benefits arising out of the utilisation of genetic resources”. This has been emphasised in Regulation 20 of the Regulations on Access to Genetic Resources and Benefit Sharing in Uganda.. All benefits arising out of the collection, modification and use of genetic resources shall be shared by the parties. The sharing must be fair and the criteria for sharing shall be mutually agreed upon by the parties who shall be guided by the principle of fairness and equity.

The CBD acknowledges the importance of keeping information and knowledge on biological diversity and requires contracting parties to put in place masures to promote information sharing and management. All information regarding access to genetic resources shall be collected and stored by the UNCST. Some of the information resulting from allowing access and use of genetic resources shall be stored by the Lead Agencies and copies given to the UNCST. An application for confidential treatment of information given to the UNCST or the Lead Agencies shall be submitted together with an application for access to genetic resources and shall state the reason for seeking such confidentiality. Confidentiality of information does not apply where it is considered necessary for the public good or environmental protection and does not go beyond three years.

A monitoring system used by the lead agencies shall be applied to track and keep record on the genetic resources being accessed in Uganda as well as the extent of benefit sharing that has been achieved. This system willl help in monitoring the effectiveness of implementing these guidelines. The mandate for this is with the UNCST in collaboration with NEMA. The information and experience gained from the implementation of this guidelines shall form the basis for review and updating the Guidelines to suit the existing circumstances. In this regard, this First Guidelines shall be reviewed after the five (5) years of implementation. Subsequent reviews and updating shall take place within a period of not less than 5 years but shall not exceed 10 years.

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TABLE OF CONTENTS

FOREWORD.......................................................................................................................................................... I

ACRONYMS ........................................................................................................................................................ II

EXECUTIVE SUMMARY.................................................................................................................................III

1. PART I: INTRODUCTION ........................................................................................................................ 1

1.1. OBJECTIVE AND SCOPE OF THE GUIDELINES........................................................................................... 1 1.2. INTERPRETATION.................................................................................................................................... 1 1.3. INTERNATIONAL LEGISLATIVE BACKGROUND ....................................................................................... 1 1.4. NATIONAL LEGISLATIVE FRAMEWORK .................................................................................................. 2

PART II: MANAGEMENT OF GENETIC RESOURCES .............................................................................. 4

2.1 RIGHTS OVER GENETIC RESOURCES........................................................................................................ 4 2.2 INSTITUTIONAL ROLES AND RESPONSIBILITIES ...................................................................................... 4

2.2.1 The National Environment Management Authority........................................................................... 4 2.2.2 The Uganda National Council for Science and Technology ............................................................. 4 2.2.3 Lead Agencies ................................................................................................................................... 5 2.2.4 CITES Scientific and Management Authorities ................................................................................. 5 2.2.5 Local Government ............................................................................................................................. 6 2.2.6 Resource Owners .............................................................................................................................. 6 2.2.7 Research Institutions ......................................................................................................................... 6

2.3 PROTECTION OF SPECIES OF SPECIAL CATEGORIES ................................................................................ 7 2.4 ENVIRONMENT IMPACT ASSESSMENT .................................................................................................... 7

3 PART III: ACCESS TO GENETIC RESOURCES .................................................................................. 8

3.1 ACCESS PROCEDURE .............................................................................................................................. 8 3.1.1 Prior Informed Consent .................................................................................................................... 8 3.1.2 Accessory Agreements....................................................................................................................... 9 3.1.3 Material Transfer Agreement............................................................................................................ 9 3.1.4 Access Permit ...................................................................................................................................11

3.2 ACCESS PERMIT EXEMPTION.................................................................................................................14 3.3 ACCESS TO IN-SITU RESOURCES ...........................................................................................................14

3.3.1 AGR in Protected Areas ...................................................................................................................14 3.3.2 AGR on Community Land ................................................................................................................14 3.3.3 AGR on other Areas .........................................................................................................................15

3.4 ACCESS TO EX-SITU RESOURCES...........................................................................................................15 3.5 ACCESS TO INDIGENOUS KNOWLEDGE..................................................................................................16 3.6 EXPORT, RE-EXPORT AND RE-INTRODUCTION OF GENETIC RESOURCES...............................................16

3.6.1 Export...............................................................................................................................................16 3.6.2 Re-Export .........................................................................................................................................17 3.6.3 Re-introduction ................................................................................................................................17 3.6.4 Export Quotas ..................................................................................................................................17

4. PART IV: GUIDANCE TO STAKEHOLDERS......................................................................................19

4.1 GUIDANCE TO THE UNCST...................................................................................................................19 4.2 GUIDANCE TO THE PERSONS SEEKING TO ACCESS RESOURCES.............................................................19

4.2.1 Access for Trade...............................................................................................................................20 4.3 GUIDANCE TO THE LEAD AGENCIES ......................................................................................................20 4.4 GUIDANCE TO THE RESOURCE OWNERS ................................................................................................20

5. PART V: SHARING OF BENEFITS ACCRUING FROM AGR ..........................................................21

5.1 BENEFITS TO BE SHARED.......................................................................................................................21 5.2 FEES STRUCTURE ..................................................................................................................................22 5.3 WHO SHARES THE BENEFITS? ...............................................................................................................22

5.3.1 Government of Uganda / Government Institutions...........................................................................22 5.3.2 Resource Owners and Users ............................................................................................................23

5.4 MECHANISMS FOR SHARING BENEFITS..................................................................................................23

6. PART VI: INFORMATION MANAGEMENT........................................................................................24

6.1 INFORMATION ACQUISITION AND STORAGE ..........................................................................................24

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6.2 ACCESS TO INFORMATION .....................................................................................................................24 6.3 CONFIDENTIAL INFORMATION...............................................................................................................24 6.4 MONITORING SYSTEM ...........................................................................................................................25

BIBLIOGRAPHY ................................................................................................................................................26

GLOSSARY OF TERMS COMMONLY USED IN THE GUIDELINES......................................................27

ANNEX 1: APPLICATION FOR PRIOR INFORMED CONSENT..............................................................30

ANNEX 2: PRIOR INFORMED CONSENT ....................................................................................................32

ANNEX 3: ACCESSORY AGREEMENT.........................................................................................................34

ANNEX 4: THE MATERIAL TRANSFER AGREEMENT ...........................................................................36

ANNEX 5: ACCESS PERMIT ...........................................................................................................................40

ANNEX 6: EXPORT PERMIT FROM CITES MANAGEMENT AUTHORITY- MINISTRY OF TOURISM, TRADE AND INDUSTRY .............................................................................................................42

ANNEX 7: CERTIFICATE OF ORIGIN (PLEASE INSERT THE FORM).................................................43

ANNEX 8A: UGANDA SPECIES PROTECTED UNDER CITES ...............................................................44

APPENDIX II.......................................................................................................................................................44

APPENDIX III .....................................................................................................................................................44

BIRDS ...................................................................................................................................................................44

ANNEX 8B: SPECIES PROTECTED UNDER THE WILDLIFE ACT ........................................................52

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1. PART I: INTRODUCTION

The issue of conservation of biological diversity in Uganda constitutes one of today’s greatest challenges, for the following main reasons:

a) the concern about biodiversity stemming largely from an increased awareness and scientific agreement that the current rate of species extinction is extremely high compared to the natural average rate;

b) as the new biotechnologies greatly enhance the potential utility areas of the country’s genetic resources, the economic interests linked to these resources are soaring;

The combined effect of these two trends is thus a greatly enhanced interest in property rights and controlled access to genetic resources.

1.1. Objective and Scope of the Guidelines

It is the policy and legal requirement of the Government of Uganda that access and export of the country’s genetic resources be regulated. The overall objective of the Guidelines for Access to Genetic Resources and Benefit Sharing in Uganda, therefore, is to provide for simple arrangements and procedures including measures for accessing biological and genetic resources of Uganda, their products and derivatives for scientific research, commercial and any other purposes connected therewith and to ensure equitable sharing of the benefits accruing therefrom in accordance with the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005.

These Guidelines lay out the conditions under which access to Uganda’s genetic resources shall be granted and the sharing of benefits arising out of the utilisation of genetic resources shall be qualified as fair and equitable. Access to the genetic resources, or parts thereof, naturally occurring or naturalised, genetic resources bred, or intended for commercial purposes within Uganda, or for export, whether in-situ or ex-situ conditions is prohibited under the country’s policies and laws unless an Access Permit has been obtained from the Competent Authority. In this context, the Competent Authority is the Uganda National Council for Science and Technology (UNCST).

It is expected that these Guidelines for Access to Genetic Resources and Benefit Sharing in Uganda will assist the relevant stakeholders including government, the private sector, NGOs, local communities, academic and research institutions, foreign institutions and independent researchers to access Uganda’s genetic resources for academic, research, commercial and other uses in a clear and simplified manner with easily understood procedures and conditions guiding that access.

1.2. Interpretation

The terms used in these Guidelines have the same meaning as is given to them under the CBD; CITES; the National Environment Act Cap 153; and the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005. Some of them have been adapted to suit the national conditions. A glossary is provided for those terms that are specifically used in these Guidelines.

1.3. International Legislative Background

Until the early 1980s, conservation of biological diversity, whether national or international, was still focused on wild species of plants and animals. An important shift came when questions of access to, and control over, plant genetic resources were raised in the UN Food and Agricultural Organisation (FAO) by governments of the developing world. Since then, the controversial issue of property rights and access to genetic resources has been dealt with in several international arenas, most importantly the CBD, the Convention on International Trade in Endangered Species of Fauna and Flora (CITES) and the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) under the World Trade Organisation and the African Model Law.

Uganda signed the Convention on Biological Diversity (CBD) on June 12, 1992 and ratified it on September 8, 1993. One of the objectives of the CBD as set out in its Article 1 is the “fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking

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into account all rights over those resources and technologies”. Article 8 (j) thereof contains provisions to encourage the equitable sharing of the benefits arising from utilisation of the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for conservation and sustainable use of biological diversity. The voluntary Bonn Guidelines particularly relate to these provisions of the CBD. The Guidelines provide for detailed procedures to facilitate access to genetic resources on the basis of the country of origin’s Prior Informed Consent (PIC), and on mutually agreed terms.

Article 15 of the CBD requires Contracting Parties, to put in place legislative, administrative or policy measures to facilitate access to genetic resources and ensure fair and equitable sharing of any benefits arising from their use. It is now the policy and legal requirement of the Government of Uganda that access to and export of the country’s genetic resources be subjected to an Access Permit, where there is no express exemption1 in the relevant laws for this requirement. A permit to access and export Uganda’s genetic resources is a tool for protecting the country’s genetic resources.

The CBD, to which Uganda is party, governs the way genetic resources are exchanged and used, and introduces new obligations to obtain PIC and share benefits arising from their use. CBD is a framework convention that relies on implementation at a national level. In fulfilment of her mandate, Uganda has promulgated the Constitution and other laws that recognise international treaties to which it is party in this respect.

Uganda is also Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES recognises that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth, which must be protected for the present and future generations. Uganda is aware of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreation and economic points of view. CITES is premised on the understanding that States are the best protectors of their own wild fauna and flora. To achieve its objectives, CITES regulates trade in certain endangered or threatened species. Uganda has enacted a number of laws that give effect to the provisions of CITES.

Uganda also acceded to the International Treaty on Plant Genetic Resources for Food and Agriculture in March 2003. The objectives of this treaty are the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of benefits derived from their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security.

1.4. National Legislative Framework

The Constitution of the Republic of Uganda, 1995, in its National Objectives and Directive Principles of State Policy, enjoins the State to protect important natural resources, including flora and fauna on behalf of the people of Uganda. The Constitution further enjoins Uganda to respect international agreements, treaties, and conventions, which it affirmed on or before the ninth day of October, 1962 or those it was party to before its coming into force. Such treaties include the CBD, the Bonn Guidelines of Access to Genetic Resources and their Benefit Sharing and the African Model Law for the Protection of Rights of Local communities, Farmers and Plant Breeders and Regulation of Access to Biological Resources (2002)2; CITES, and laws relating to access and benefit-sharing, including those relating to traditional knowledge.

Under its article 41, the Constitution recognises the right of every citizen to access to information in the possession of the State or any other organ or agency of the State. Release of information likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person is exempted. The same article enjoins Parliament to make laws prescribing the classes of

1 Exemption given under the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005 is highlighted in Section 3.1

2 The African Model Law was developed as a direct response to CBD, International Understanding on Plant Genetic Resources (FAO), TRIPs and the Union for the Protection of Plant Varieties. It is an effort to put in place a “sui generis” system of Protection of the Rights of Local Communities, Farmer and Breeders and for the Regulation of Access to Biological Resources. It has been operationalised through a process of regional, subregional and national consultation of stakeholders and informed public debate.

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information and procedure for accessing the information referred to. Uganda has thus enacted the Access to Information Act, 2005.

Uganda’s legal framework governing access to genetic resources and benefit sharing recognises the salient principles enunciated under the CBD, CITES, TRIPs and other related instruments in this regard. The Government of Uganda enacted the National Environment Act Cap 153, which under section 44, requires the National Environment Management Authority (NEMA), in consultation with lead agencies, to issue Guidelines and prescribe measures for sustainable management and utilisation of Uganda’s genetic resources. In line with this, Government put in place the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005 (herein after referred to as the Regulations in these Guidelines). The Regulations prescribe procedures for accessing Uganda’s genetic resources. Regulation 8(c) gives NEMA the duty to develop, in collaboration with UNCST, guidelines for access to, and export of genetic resources.

In fulfilment of Article 8(c) of the Regulations, these Guidelines have been developed to provide procedures for management of access, benefit sharing and export of genetic resources from Uganda, plus their products and derivatives for scientific research, commercial use, bio-prospecting, conservation, industrial application and any other purposes connected therewith.

Uganda has enacted the Patents Act, Cap. 216, to regulate the granting, registration and protection of patents in the country. The Act gives details for registering licence contracts, contracts assigning the right to a patent and contracts assigning patents and patent applications. It also provides for patent information services to the public and maintains links with users and potential users of patent information. The Patents Act is relevant to access to genetic resources and their benefit sharing when an applicant to access genetic resources wishes to register or claim ownership of the proprietary interests in the genetic resources accessed and obtained from Uganda.

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PART II: MANAGEMENT OF GENETIC RESOURCES

2.1 Rights over genetic resources

The rights over Uganda’s genetic resources are vested in the Government of Uganda for the benefit of her people.

2.2 Institutional Roles and Responsibilities

The roles identified herein are in line with the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005.

2.2.1 The National Environment Management Authority

NEMA is the principal agency in Uganda for management of the environment with specific mandate to coordinate, monitor and supervise all activities in the field of environment management. In this regard, it is charged with:

1. policy formulation – development of policies at the national level and giving overall guidance in development of other policies that are relevant to Access to Genetic Resources (AGR). To prepare, coordinate and carry out the national policy of access to genetic resources, with a view to conserving the diversity and integrity of the resource and ensure equitable sharing of benefits

2. public awareness – ensuring that the public is aware about the need to sustainably manage the genetic resources in Uganda in general and under these Guidelines specifically in the regulation of access to and export of the country’s genetic resources and in the sharing of benefits derived from them.

3. capacity building (in collaboration with UNCST) - it is the role of NEMA and UNCST to ensure that the capacity of all stakeholders, and in particular the local communities who own genetic resources, is built to the required level to enable them offer PIC at an effective level and negotiate material transfer agreements (Refer to Section 3.9.3).

4. enforcement and ensuring compliance with all environmental policy and legal requirements in Uganda.

2.2.2 The Uganda National Council for Science and Technology

UNCST is established by an Act of Parliament, Cap. 209. It is the Competent Authority in accordance with the Regulations. Its mandate as derived from this Act and from the Regulations is to:

1. advise on and coordinate the formulation of an explicit national policy on all fields of science and technology;

2. assist in the rationalisation of the use of foreign science and technology;

3. work in close cooperation with and coordinate all scientific and technological activities of persons, institutions, sectors and organisations;

4. act as a clearing house for information on research and experimental development taking place in scientific institutions, centres and other enterprises and on the potential application of their results;

5. protect intellectual property through appropriate patent laws and operate a national patent office;

6. coordinate Lead Agency activities related to AGR;

7. monitor the use of genetic resources both within and transferred outside Uganda. Supervise and control compliance with contractual conditions and provisions and accordingly establish such monitoring and evaluation mechanisms as is deemed necessary

8. ensure Ugandans benefit from Uganda’s genetic resources when accessed

9. smoothen the progress of negotiating and concluding Accessory Agreements (AA) and Material Transfer Agreements (MTA)

10. ensure agreements concluded contain sufficient provision for sharing benefits accruing from AGR

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11. ensure the rights of owners genetic resources and of the intangible components

12. establish and maintain a depository for MTA and AA

13. in collaboration with relevant Lead Agencies receive, evaluate, accept or deny applications for AGR

14. Issue Access Permits

15. amend, suspend, nullify or terminate Access Permits and arrange their cancellation, as the case may be, in keeping with the terms of those contracts, the Regulations

16. ensure that Uganda keeps representative samples and specimen of genetic resources collected under the Regulations and approve the depository

17. establish general procedures for accessing AGR information and determine fees to be charged for access to AGR information in consultation with NEMA

18. implement an integrated training program in collaboration with other stakeholders

19. ensure compliance from those accessing resources as far as technology transfer and information exchange is concerned

20. submit reports relating to AGR to NEMA

2.2.3 Lead Agencies

The Lead Agencies are responsible for the management and regulation of AGR under their mandate. There are instances where shared responsibilities occur for example where fisheries resources occur in wildlife protected areas or forest reserves overlap with national parks. In such instances, the Lead Agency with the legal mandate over a particular resource will sign the MTA, in consultation with the other lead agency that has the overlapping mandate. For example UWA has mandate over wildlife, Fisheries Department over fish resources, Department of Agriculture over plant resources, etc. The responsibilities of the Lead Agencies in general include but are not limited to:

1. reviewing applications and advising UNCST on whether consent or access should be allowed

2. ensuring protection of the rights of the local communities

3. verifying compliance with consent requirements

4. ensuring conclusion of Accessory Agreements

5. establishment of depositories for representative samples or specimen of genetic materials taken out of Uganda

6. establishing procedures for accessing AGR information under the Lead Agency’s management

2.2.4 CITES Scientific and Management Authorities

CITES is a convention that brings together biodiversity conservation and wildlife trade. It recognises the need to regulate access to wildlife resources that is aimed at economic benefit through trade. It further recognises the ever-increasing value of wild fauna and flora and highlights the need to protect them and the importance of having international cooperation for this to happen. It points out the need for instituting appropriate measures and has elaborate provisions of a technical and facilitative nature. Uganda acceded to the convention on 18th July 1991 and it came into force on the 16th October 1991.

In Uganda, the implementation of CITES depends on the wildlife legislation and customs regulations which, among others provide for grant of permits, penalties and other related matters specific to CITES-listed species. In the context of the institutional arrangement for CITES enforcement, there is the CITES Scientific and the CITES Management Authorities. The CITES Management Authority for Uganda is the Commissioner for Wildlife in the Ministry of Tourism Trade and Industry while the Scientific Authority for wildlife is the Uganda Wildlife Authority (UWA) and that for plants is the Commissioner for Forestry in the Ministry of Water and Environment.

The functions of the CITES Scientific Authority under these Guidelines include:

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1. Advising the CITES Management Authority or Lead Agencies on matters relating to the issuance of CITES export, re-export or import permits or certificates

2. recommending species that may be traded in or offered for sale nationally or internationally

3. in consultation with the Lead Agencies, monitoring the population of wild fauna and flora in trade or offered for trade

The functions of CITES the Management Authority under these Guidelines include:

1. convening meetings of the Scientific Authorities

2. issuing CITES export, re-export and import permits or certificates

3. preparing CITES annual reports

4. communicating with CITES Secretariat, Parties to the Convention or other lead agencies or persons performing similar or related functions

2.2.5 Local Government

The District is the basic unit of local government administration in accordance with the Constitution. Lower councils (Local Councils IV, III, II and I) act as and play the role of lead agencies at that level. These local institutions shall be empowered to assist the local community in negotiating the MTAs and providing them with the required information. The local councils shall also be required to guide applicants or resource owners as to which lead agencies to approach in case of uncertainty for example:

1. UWA for access to wildlife species

2. The National Forestry Authority (NFA) for forestry related access

3. Department of Agriculture (Ministry of Agriculture, Animal Industry and Fisheries) for access to and export of plant related resources (apart from trees)

4. Fisheries Department for management of access to Uganda’s fisheries resource

5. National Agricultural Research Organisationfor access to and export of Soil samples (soil based biodiversity)

2.2.6 Resource Owners

Resource owners have direct control over access to the resources they own. They are empowered to:

1. give PIC for AGR, on a voluntary basis and charge fees for it

2. enter into accessory agreements with applicants for AGR of Uganda for purposes of enabling the applicant to proceed with the application for an Access Permit

3. allow access to the resources once the applicant presents an Access Permit

Resource owners may also charge the applicant directly for the resources that are accessed on their land once an Access Permit has been issued to the applicant by UNCST. These charges must be agreed and included in the MTA.

2.2.7 Research Institutions

Research institutions are empowered to:

1. carry out research that feeds into effective management of AGR

2. ensure information gained under their mandate is made available to the public as much as possible

3. ensure that research activities do not impede, in any way, the continuation of traditional use of genetic resources

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2.3 Protection of Species of Special Categories

Parties to CITES are obliged to adopt strict domestic measures regarding restricting or prohibiting trade of species listed in the three appendices of CITES as well as those not listed.

Appendix I includes species that are threatened with extinction and for which trade must be subject to particularly strict regulations and only authorised in exceptional circumstances.

Appendix II includes species that are not necessarily now threatened with extinction but may become so unless trade in them is strictly regulated. Appendix II also contains so-called look- alike species, which are controlled because of their similarity in appearance to the other regulated species, thereby facilitating a more effective control.

Appendix III includes species that are subject to regulation within the jurisdiction of a party and for which the co-operation of other parties is needed in order to prevent or restrict their exploitation.

CITES Parties are not under any obligations regarding species not listed in these appendices. However they may adopt more strict domestic measures for the listed species and institute national laws controlling trade in non-listed species. Annex 8a gives the list of species protected under CITES that are found in Uganda. Access to genetic resources of any species listed as protected or threatened can only be granted after an applicant has obtained written approval from the CITES Management Authority.

2.4 Environment Impact Assessment

Decisions leading to access to genetic resources have to be subjected to Environmental Impact Assessment (EIA) in conformity with existing legislation. The applicant and owner of the resources are required to take into consideration the environmental consequences of the access activities. Before entering into a MTA, it shall be determined whether the AGR is likely to result into significant environmental impacts or not. Should this be the case, then an EIA shall be done. Uganda is guided by the Environment Impact Assessment Guidelines of 1997 and Regulations of 1998.

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3 PART III: ACCESS TO GENETIC RESOURCES

Persons wishing to access and or supply genetic resources and their derivatives have to acquire written agreements where required by applicable law and best practice, setting out the terms and conditions under which the genetic resources may be acquired, used and supplied and resulting benefits shared. In order to access genetic resources within Uganda, an applicant is required to go through steps as shown in Figure 1 and as explained in the proceeding sections. Use and supply of genetic resources and their derivatives are permitted on terms and conditions consistent with those under which they were acquired.

It should be noted here that Ugandan owners of resources do not need to apply for an access permit before accessing their own resources. However, should the owners of the genetic resources desire to use genetic resource for research, bio prospecting, commercial purposes or for export arise, then an Access and or export permit is a requirement. An Access Permit is a permit that authorizes a person to access genetic/biological resources. It is obtained from UNCST which is the competent authority for the Regulations on Access to Genetic Resources and Benefit Sharing in Uganda

3.1 Access Procedure

3.1.1 Prior Informed Consent

The CBD adopts PIC as a key component of the contractual process of getting access to genetic resources. The requirement for PIC applies to all individuals, companies and associations wishing to access genetic resources in Uganda. This includes their products and derivatives for scientific research, commercial use, bio-prospecting, conservation, industrial application and any other purposes. PIC requires the supplier of the resource to fully appreciate the nature of the resource being sought, its potential or actual value and potential use before consenting to the access. Therefore, consent not based on full appreciation of the context of the agreement is considered invalid.

PIC is obtainable from the following categories of genetic resources owners:

1. Cultural Communities - in cases where the access will be undertaken within their ancestral domains / lands

2. Local Communities - in cases where the access will be undertaken within their area(s) of jurisdiction

3. UWA and NFA - in cases where the access will be undertaken within a protected area

4. Private Land Owner - in cases where the access will be undertaken on land privately owned

Any person, institution or company intending to access or collect genetic resources has to apply to the relevant category of genetic resource owners for a PIC. This application has to be made on the form set out in Annex 1 obtainable from the UNCST on payment of fees prescribed in Section 5.2. The PIC is granted in the form set out in Annex 2 but before granting a PIC, the resource owner has to sign an Accessory Agreement in Annex 3 with the applicant.

A checklist is hereby given, of what the owner of genetic resources has to consider before signing an Accessory Agreement:

a) The environmental or social impact of access is not detrimental to the local environment from where the genetic resource is to be obtained

b) The terms and benefit sharing are in line with national development goals

c) The relevant permits or other authorisations have been obtained

d) Where applicable, local and indigenous communities that may be affected or derive livelihood from the same resource have been consulted

e) The applicant is capable of observing the conditions against which the Agreement may be issued

f) The applicant possesses the legal capacity to enter into accessory agreement

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g) The requirements of the National Environment Act, Cap. 153, the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005, the Wildlife Act CAP 200 of 2000, the Uganda National Council of Science and Technology Act, Cap. 209 and other environmental and conservation laws as well as any other laws have been complied with

In considering whether an access provider has given informed consent, the following shall be put under consideration:

1. whether the resources owner had adequate knowledge of the Regulations and was able to engage in reasonable negotiations with the applicant on benefit-sharing;

2. whether the resources owner was given adequate time to consider the application, consult with relevant people and negotiate the MTA;

3. if the biological resources are in an area that is communally owned, whether the views of the Local Council, at the lowest level, have been sought;

4. wether the owner was aware of the value of the resources being accessed

In order to obtain PIC, the applicant is required to provide a full explanation of how the genetic resources will be acquired and used as follows:

1. When acquiring genetic resources from in-situ conditions, obtain PIC from the owners of the resource and any other relevant stakeholders, according to applicable law and best practice.

2. When acquiring genetic resources from ex-situ collections (such as botanic gardens), obtain PIC from the body governing the ex-situ collection and any additional consents required by that body.

3. When acquiring genetic resources from ex-situ sources, whether from ex-situ collections, commercial sources or individuals, evaluate available documentation and, where necessary, take appropriate steps to ensure that the genetic resources were acquired in accordance with applicable law and best practice.

3.1.2 Accessory Agreements

Where a LA, local community or owner of genetic resources is satisfied with an application for PIC referred to in sub section 3.4.1, they may sign an Accessory Agreement with the applicant, before PIC is given.

When negotiating Accessory Agreements, each party shall make reasonable effort to clarify in writing the respective roles, rights and responsibilities, as found appropriate. The Accessory Agreement shall be made on the form set out in Annex 3 obtained from the UNCST.

It should be noted here that the granting of a PIC and the executing of an Accessory Agreement do not entitle the applicant to access the genetic resources. These two documents only enable the applicant to proceed with making an application to UNCST, for an Access Permit (refer to Section 3.4.4).

It should further be noted that there may be more than one owner for a particular genetic resource or the applicant may wish to access genetic resources from several areas in which case there may be more than one owner. In the case of the former, all the owners of the resource will be signatory to the agreement. In the case of the latter, each owner will enter into an agreement with the applicant.

3.1.3 Material Transfer Agreement

A MTA is an agreement between a LA and a collector, setting out the terms under which genetic resources can be transferred from one party to another. Where the desired AGR involves collection and / or transfer of genetic materials, the applicant has to enter into a MTA with the Government or its representative before obtaining an Access Permit.

The MTA shall clearly state the rights and obligations of any party who may have ownership of, or authority over genetic resources to which access is being sought and shall in particular contain the information prescribed hereunder. Guidance as to how the MTA should be set out is given in Annex 4.

The purpose of the MTA is to enable the Government of Uganda to track the material to its final destination and use. It also helps in ensuring that records are kept of whatever material has been collected from Uganda in a given period of time.

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A MTA must provide for reasonable benefit-sharing arrangements, including protection for, recognition of and valuing of any indigenous people’s knowledge to be used, and must include the following:

a) Full details must be declared of the Parties to the Agreement – declare the parties that are entering into agreement. This should be the LA responsible for management of the genetic resource, the applicant who wants to access the resource and the UNCST

b) Description of the genetic material – describe the material that is going to be accessed. Name the species or lowest level of taxon to which the resources belong and the parts that are going to be collected and if relevant the amounts / quantity to be collected plus the quantity of the resources that may be removed from the area

c) Details regarding the time and frequency of entry into the area that contains the genetic resources

d) Intended purpose and use of the material – list the use to which the material is going to be put. This could be research, whereby the type of research should be described, trade, bio-prospecting, etc.

e) Authorised users – mention those who are authorised to use the material after it has been collected, including the institutions to which they are affiliated.

f) Storage of the material – the proposed means of labelling of samples and where they shall be deposited both inside Uganda and outside in the case of the genetic material that is intended for export.

g) Destination – the final destination of the genetic material. Give this in detail, including physical address and other contact detail. This will help in keeping track of the material once it has been collected.

h) Period of use – for how long is the applicant allowed to use the genetic materials? What happens to the materials after this period is over?

i) Restrictions on use of the material – are there any restrictions as to who can use the materials and the purpose for which they can be used?

j) Ownership of derivatives / products – specify the agreed nature of ownership of collected samples and their derivatives and any products there from plus details of any proposed transmission to third parties. This should include the ownership of commercialisation rights and publication rights.

k) Use of indigenous knowledge – where applicable, details of the source of the knowledge, e.g. whether it was obtained from scientific or other public documents, or from the resource owner or from the local community

l) Benefits to be shared – describe the benefits that are to be shared as a result of the allowed access to the genetic material. Include benefits to be provided or any agreed commitments given in return for the use of the indigenous knowledge. Indicate who is to benefit from what and when the benefits are expected. Include expected technology transfer (from whom to whom and when)

m) Governing law – the governing law is that of Uganda for all MTAs made for access of Uganda’s genetic materials.

n) Responsibilities – Specify any particular responsibilities held by each of the parties under the agreement e.g. who produces reports, who pays which fees, who is responsible for depositing the specimen within Uganda, etc.

o) Termination – state how the agreement shall be terminated, and by who and how long a period of notice is expected once the decision to terminate has been reached.

p) Period before expiry – indicate for how long the agreement is valid and what happens when it has expired.

q) Fees – indicate the amount and type of fees that have to be paid. Specify the recipients and the amounts that they shall receive and when.

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The MTA is given only:

1. for a specified period of time

2. after payment of a fee prescribed in Section 7.1. This fee shall be paid to the owners / managers of the resource according to agreed percentages

3. and when other fees as provided for under other complimentary laws such as under Wildlife Act, 2000 have been paid

After concluding the MTA, an Access Permit is granted by UNCST allow the applicant access and collect the genetic resources.

A MTA takes effect only if an access permit for the proposed access is issued by UNCST. At the expiration of the MTA, it shall be re-negotiated if considered necessary. Otherwise, the possession of genetic material originating from Uganda reverts to the Government of Uganda.

Future use of genetic resources must be negotiated in the MTA right from the beginning of the process. Renegotiation of the MTA is required in case of future use of the genetic resources after the expiry of the agreement and all parties to the MTA must be informed. Should the materials that are subject of a MTA obtain unforeseen commercial value after conclusion of the agreement, the applicant is required to go back to UNSCT to declare this value. The benefits to be shared shall be re-negotiated and the MTA revised accordingly.

The parties involved in a transaction on genetic resources are encouraged to seek support by a mediator when negotiating mutually agreed terms. The mediator shall facilitate the negotiations of mutually agreed terms between the concerned parties with the aim of obtaining a balanced outcome.

Should there be any disagreement in the implementation of the MTA, the laws of Uganda shall be applied. Any disputes that may arise with other countries must be settled according to the provisions of the agreements and the Regulations. If a dispute arises with a country party to the Agreement on Biological Diversity, signed in Rio de Janeiro on June 5, 1992, the solution adopted must also abide by the principles established in that Agreement.

3.1.4 Access Permit

The Access Permit format is set out in Annex 5 to these Guidelines. Any person or company or organisation wishing to access and or collect genetic resources of Uganda shall be required to submit a formal application to UNCST, sixty days in advance. An application for an Access Permit shall be accompanied by:

1. a written Prior Informed Consent, given by the relevant person or body;

2. an Accessory Agreement;

3. an EIA certificate where required;

4. a duly negotiated and signed MTA, plus copies of receipts indicating payment of the required fees; and

5. a detailed project proposal highlighting the nature of genetic resource to be accessed including the species of interest, location, quantity, activities, equipment, duration, purpose and any other relevant information as may be required by the Competent Authority.

UNCST may, where it deems it necessary for the purposes of authentication of documents, request an applicant to submit the originals of the documents specified above or request for further information from the applicant. An application for access to genetic resources of any species listed as protected or threatened shall be accompanied by a written approval, from the CITES Management Authority.

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UNCST shall, immediately after receiving an application for AGR, register the said application and within 14 days acknowledge receipt thereof. Within sixty days of receipt of an application or, when further information is requested of the applicant, within sixty days of receipt of that further information, UNCST shall either:

(a) approve; or

(b) approve subject to conditions; or

UNCST shall issue an Access Permit for any approved application.

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Applicant enters into Accessory Agreement with Resource Owner

Applicant makes application for PIC to owner of the resources

e.g. UWA, NFA, LC, etc.

Owner gives PIC on payment of fee

Use the resources within Uganda

Applicant applies to UNCST for Access Permit (indicates if the resources are to be exported)

Applicant enters into a MTA with the relevant Lead Agency UWA,

NFA, LC, etc. on payment of fee

Applicant obtains Access Permit from UNCST on payment of fee

Access the resources

If access to the resource will potentially result in significant environmental impact, applicant carries out EIA

1st point of contact for any one who wants to access genetic in Uganda is UNCST

Figure 1: Summary of Procedure for Obtaining Permission to Access Genetic Resources in Uganda

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3.2 Access Permit Exemption

There are some activities that lead to access of the country’s genetic resources which are exempted from the requirement of an Access Permit. These include:

1. the exchange of genetic resources done by the local community amongst themselves and for their own consumption;

2. exchange certified to be purely for food or other consumptive purposes as prescribed in the relevant laws. Access to plant genetic resources for food and agriculture shall be done in accordance with existing relevant laws and international conventions e.g. the International Treaty on Plant Genetic Resources for Food and Agriculture (Acceded to by Uganda in March 2003);

3. genetic resources in transit through Uganda;

4. genetic resources derived from plant breeders;

5. human genetic resources;

6. where use is intended for approved research for educational purposes by Ugandan institutions recognised by the UNCST designated for this purpose;

This exempted use must not have commercial motivations or should not be intended to result in export of such resources or parts thereof. Should commercial value be discovered later, after exempted access, then the procedures for obtaining an access permit must be followed.

3.3 Access to In-Situ Resources

Any access to genetic resources in in-situ conditions shall be subject to prior authorisation of the UNCST and to the signing of a contract between the resource owner and the individuals and or corporate bodies concerned. The access procedure is described in Section 3.4.

3.3.1 AGR in Protected Areas

When requesting access to genetic resources from protected areas, the applicant must fulfil the special national legislation guiding management of such resources in addition to the provisions of the Regulations. Protected areas in Uganda are under management of various Lead Agencies. These include national parks and wildlife reserves under UWA Central Forest Reserves under NFA, Local Forest Reserves under Local Governments and Wetlands under Wetlands Inspection Division and local governments.

Research and bio-prospecting is allowed in all categories of protected areas, in conformity with existing rules and regulations. In the case of research, all Research Agreements entered into by any person, entity or corporation, foreign or domestic, with the UNCST, have to be reviewed and approved first by the relevant Lead Agency.

3.3.2 AGR on Community Land

Access to genetic resources within areas owned by local communities, including ancestral lands and areas of indigenous cultural communities shall be allowed only with the PIC of such communities obtained through the procedures prescribed in Section 3.1 of these Guidelines. The government agency concerned with management of such areas (e.g. Local Government at the lowest level, Uganda Wildlife Authority, etc.), shall see to it that the consent required is obtained in accordance with the customary traditions, practices and morals of the concerned communities and with concurrence of the Local Leaders and the local communities living adjacent to the resource or deriving livelihood from it.

Proposals for access must be submitted to the recognised head of the relevant local or indigenous cultural community. Such access shall be discussed and agreed in a public consultation / meeting organised by the applicant, in consultation with the local councils, within the area of concern. Local communities can refuse access if it is judged to be detrimental to the integrity of their natural or cultural heritage and can withdraw consent or place restrictions on activities relating to access if they are likely to be detrimental to their socio-economic life or their natural and cultural heritage.

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The PIC and the accessory agreement shall be concluded between the applicant on the one part, and the relevant LA and the lowest unit of local government or authorised local community representative or agent on the other part.

3.3.3 AGR on other Areas

Access to resources in other areas, whether public or private shall only be done with the prior informed consent of the owners and or managers of the land on which such resources are located. This PIC shall be obtained through procedures as prescribed in Section 3.1 of these Guidelines.

3.4 Access to Ex-situ Resources

The UNCST may offer Access Permits for access to genetic resources which are deposited in ex-situ conservation centres whether located in Uganda or in other countries, provided that Uganda is the country of origin of the said resources. Such ex-situ centres include the Botanical Gardens in Entebbe and Makerere, the herbaria at various universities and research institutes, etc. UNCST shall keep an inventory of such places.

The procedures regarding access to resources in in-situ conditions shall apply, where appropriate, to access to resources in ex-situ conditions. MTAs shall be entered into between the ex-situ conservation centres and the relevant third parties either inside or outside Uganda.

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3.5 Access to Indigenous Knowledge

Uganda recognises and protects the rights of local communities and indigenous populations to benefit from their traditional knowledge collectively, and to receive compensation for the conservation of genetic resources, by means of payments in money, goods, services, intellectual property rights or other mechanisms.

The application of the principle of PIC to the rights of indigenous peoples and other local communities is mandatory. PIC is indeed central to securing the rights of these communities in the context of access to genetic resources activities. Holders of traditional knowledge have the right to be asked and to be informed about requests from other parties to access their knowledge, and to extend or refuse their approval for such access.

Such holders must be actively included in the negotiation of benefits on the basis of a full disclosure of potential benefits and risks arising from the use of the resources. Any benefit sharing arrangements that may be entered into shall not negatively interfere with traditional knowledge systems and practices of indigenous peoples and local communities.

The relevance of PIC is particularly significant due to concerns about companies, research institutions, other entities, and individuals acquiring and using genetic resources and traditional knowledge from communities without the knowledge and permission of the rightful owners and holders. The UNCST shall therefore not issue an access permit to an applicant who has not obtained PIC from a holder of traditional or indigenous knowledge.

The UNCST is required to maintain a national reference file, where local communities or indigenous populations, and any other interested parties may deposit records of knowledge associated with genetic resources. The local communities and indigenous populations have exclusive rights over their traditional knowledge, and they alone are entitled to surrender it to the UNCST. Every record deposited in the national reference file shall be submitted to an ethnologic appraisal, and shall be used as a basis for decisions concerning the terms of the contract of access. These records are not mandatory, and their non-existence is not a condition for, neither does it preclude the exercise of any access rights negotiated under the Regulations.

Intellectual property rights with respect to products or processes related to traditional knowledge associated with genetic resources or derived products shall not be recognised if the access has not taken place in accordance with the provisions of the Regulations and these Guidelines.

Local communities that create, develop, hold or preserve indigenous knowledge associated with management or use of genetic resources are guaranteed the right to:

1. have the origin of the access to the indigenous knowledge mentioned in all publications, uses, exploitation and disclosures

2. prevent unauthorised third parties from using or carrying out tests, research or investigations relating to associated indigenous knowledge

3. prevent unauthorised third parties from disclosing, broadcasting or re-broadcasting data or information that incorporate or constitute associated indigenous knowledge

4. derive profit from economic exploitation by third parties of associated indigenous knowledge the rights in which are owned by the community as provided in for under Ugandan laws and international legislation

For the purposes of the Regulations and these Guidelines, any traditional knowledge associated with management and use of Uganda’s genetic resources may be owned by the community, even if only one single member of the community holds that knowledge.

3.6 Export, Re-Export and Re-introduction of Genetic Resources

3.6.1 Export

On application for resources access in Uganda, the applicant is required to indicate whether he or she intends to export the materials accessed or not.

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Each time an applicant with a valid access permit from UNCST wishes to export genetic material s/he will have to obtain an Export Permit from the CITES Management Authority (Annex 6). The export permit and export certificate issued under these Guidelines are not transferable.

In accordance with CITES, exporting of specimen of a species included in Appendix III by the importing country shall require the issuance of a Certificate of Origin by the Ministry of Tourism Trade and Industry (MTTI) (Annex 7).

3.6.2 Re-Export

Genetic resources originating from Uganda may only be re-exported after the applicant has applied for and obtained a re-export certificate from the country within which they are being held and has sought a no-objection from Uganda, the country of origin.

All permits issued under these Guidelines may be revoked by the issuing authority if the beneficiaries abuse any of the terms agreed upon.

3.6.3 Re-introduction

Re-introduction in this context refers to the bringing into the country, genetic resources of Ugandan origin. To do this requires obtaining of an import permit from the Uganda’s CITES Management Authority and an export permit from the country where one is exporting. The former will only issue the import permit after consultations with the UNCST and the relevant Lead Agencies.

3.6.4 Export Quotas

Before issuing a permit to allow export of specimens, UWA (in case of wild fauna) or NFA (case of wild flora) must advise that the proposed export will not be detrimental to the survival of the species. For species in Appendix I or II, this is a requirement under Article III, paragraph 2(a), and Article IV, paragraph 2(a), of CITES. Both UWA and NFA are required to set an export quota establishing the maximum number of specimens of a species that may be exported over the course of a year without having a detrimental effect on its survival.

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Obtain Export Permit and Certificate of Origin from CITES

Management Authority – MTTI*

Export the resources

from Uganda

Access the resources

Obtain Import Permit from Importing Country

Obtain CITES ReExport Certificate from relevant authorities in other country

Get approval from UNCST (in consultation with LA)

Obtain CITES Import Permit from MTTI

ReIntroduce the Resources into Uganda

Export the resources to another country

Figure 2: Process for Obtaining Permission to Export or Import Uganda’s Genetic Resources * Commissioner for Wildlife - Ministry of Tourism, Trade and Industry

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4. PART IV: GUIDANCE TO STAKEHOLDERS

4.1 Guidance to the UNCST

The UNCST shall keep a reference file of Lead Agencies and private organisations which are mandated to manage Uganda’s genetic resources or carry out activities related to the conservation and sustainable use of these genetic resources.

Once an applicant contacts the UNCST, s/he shall be given information on the access procedure relevant for Uganda's genetic resources and offered the PIC application form (at the prescribed fee). The applicant shall then be directed to the relevant Lead Agency that is in charge of management of the particular genetic resource of interest for guidance as to where the genetic resource can be accessed.

It is after the applicant has obtained the PIC from the resource owner, the relevant agreements, environmental assessment and paid the required fees as prescribed in Section 5.2 that they shall return to the UNCST to apply for the access permit. The procedure to be followed in granting the Access Permit is highlighted in Section 3.4.4.

If the application with its accompanying documents is complete, UNCST shall accept it, assign it a presentation or filing date, enter it into the public registry kept for that purpose and open the corresponding file. UNCST shall evaluate the application, make the visits and consultations it deems necessary and shall then accept or deny the application, based on the results of the consultations, the records of visits, and the fulfillment of the conditions established in the Regulations.

UNCST shall also, where it is deemed necessary, require the presentation of a report from an environmental impact study.

If all conditions have been met, the applicant shall be advised about the acceptance of the application and the Access Permit shall be granted within sixty working days from receipt of the application.

If the application is found to be incomplete, UNCST shall return it immediately to the applicant, indicating the information that is missing, so that it might be completed.

In the event that the application is denied, this decision shall be communicated to the applicant, within sixty days from the date of application, giving justification. The matter shall be considered finished. This does not, however, preclude the filing of objections as are in order, according to the legal provisions prevailing at that time.

4.2 Guidance to the Persons Seeking to Access Resources

The first point of contact for any applicant seeking to access genetic resources in Uganda is the UNCST. It is here that the applicant will receive the application forms and be directed to the relevant lead agency in charge of management of the required genetic resources.

Uganda nationals who need to access genetic resources for purposes other than those which are exempted from procedures related to acquisition of an Access Permit, are also required to go through the application procedure and to come to agreement on the sharing of benefits with the resource owners.

The applicant, who shall either be an individual or a corporate body, must have both the legal capacity to sign a contract and proven technical capacity relating to handling of genetic resources. The applicant must provide information about all the persons or institutions to be involved in the procedures of access.

In order to obtain authorisation to access Uganda's genetic resources, the applicant must obtain PIC from the owner of the resource. S/he must also enter into an accessory agreement with the resource owner and a MTA with the relevant lead agency as described in Section 3.1.3.

The applicant must provide:

1. detailed and specified description of the genetic resources, derived products or traditional knowledge to which access is intended, including their current and potential uses, their environmental sustainability, and the risks which may arise from such access;

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2. detailed description of the methods, techniques, collection systems and tools to be used;

3. the precise location of the areas where the procedures of access will be carried out;

4. indication of the destination of the material collected and of its probable future use;

5. in the case of access to traditional knowledge, the information to be collected, from an oral or a written source, related to the traditional knowledge concerned;

If UNCST considers the application for access as complete, it will grant it an application date and enter it in the register. The applicant is entitled to receive a response to the application, whether positive or negative, within sixty days from the date of application.

The applicant shall, at the end of the work in each area where resources were accessed, supply a listing of the material accessed, when they were accessed and where the samples were deposited.

Should the application be deemed incomplete, it shall not be accepted by UNCST but shall immediately be returned to the applicant for correction.

4.2.1 Access for Trade

There are specific procedures for access of wild fauna and timber species for trade. In addition to these procedures developed under the Uganda Wildlife Act and the Uganda Forestry and Tree Planting Act, access for trade in wildlife shall be subject to a MTA. The MTA shall stipulate the conditions of transfer of the resources and how the owners shall benefit from the sell of the said resources. Most of the benefits under this category shall accrue to the resource owners from direct sell of the resources.

4.3 Guidance to the Lead Agencies

Lead agencies are charged with management of genetic resources under their mandate. Once an applicant has been sent to them by the UNCST, they shall advise him / her on the location of the required resources and the quotas available for access.

Once the applicant has obtained the PIC and Accessory agreement, s/he shall enter into a MTA with the Lead Agency in accordance with the procedures described in Section 3.4.3.

4.4 Guidance to the Resource Owners

Anyone wishing to access genetic resources shall first obtain application forms for PIC from the UNCST. The resource owner is required to give a PIC to the applicant as detailed in Section 3.4.1. The fees payable to the owner, for giving the PIC are indicated in Section 5.2.

After issuing of the PIC, the applicant and the resource owner shall negotiate and sign an Accessory agreement as highlighted in Section 3.4.2. It is this PIC and the Accessory Agreement that the applicant uses to obtain an MTA and subsequently an Access Permit.

The owner of the resource shall not allow any access to genetic resources without the applicant presenting an Access Permit as issued by the UNCST. The owner of the resource is at liberty to charge fees for the specimen to be accessed on his or her land. These fees are negotiable between the applicant and the owner but guidance can be sought from the relevant lead agencies as highlighted in Section 5.2. The agreed charges shall be indicated in the Accessory Agreement as part of the conditions that are to be met by the applicant before accessing the resources.

In instances where it is the owner of the resource needing to access his or her own resources, there is need to obtain an Access Permit if is the access is not for personal non-commercial utilisation. There is also need to obtain an export permit and where necessary, a Certificate of Origin should the resource owner wish to export the genetic resources on his or her land.

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5. PART V: SHARING OF BENEFITS ACCRUING FROM AGR

One of the objectives of the CBD is “the fair and equitable sharing of benefits arising out of the utilisation of genetic resources”. This is expounded further by Articles 15(4) and (7) which provide for access on mutually agreed terms and sharing in a fair and equitable way, the results of research and development and benefits arising from the utilisation of genetic resources. Regulation 20 of the Regulations provides for the sharing of benefits accruing from the collection, modification and use of genetic resources with the principle of fairness and equity on mutually agreed terms. The key here is that the sharing must be fair and terms for sharing must be agreed by all parties.

All the benefits arising out of the collection, modification and use of genetic resources referred to in these Guidelines shall be shared by the parties. The criteria for sharing of such benefits shall be mutually agreed upon by the parties who shall be guided by the principle of fairness and equity.

To give guidance on benefit sharing requires answering a few key questions:

1. What Benefits Should be Shared?

2. Who Shares these Benefits?

3. How are the Benefits Shared?

5.1 Benefits to be Shared

Persons acquiring access to genetic resources are required to share fairly and equitably with the country of origin and other stakeholders, the benefits arising from the use of the genetic resources and their derivatives including non-monetary, and, in the case of commercialisation, also monetary benefits. Persons are required to share benefits arising from the use of genetic resources acquired prior to the entry into force of the CBD, as far as possible, in the same manner as for those acquired thereafter.

All options must be considered when negotiating the type of benefits to be received from allowing access to genetic resources on one’s land. Many of the benefits may not accrue directly from the access to genetic resources. Benefits to be shared depend on specific circumstances, and upon mutual agreement. And what is equitable also varies depending on circumstances. The said benefits will vary on a case by case basis and cannot be exhaustively listed in these guidelines. A general categorisation is therefore given here.

Table 1: Examples of Direct and Indirect benefits

•

• •

• • • • •

• •

•

Direct Benefits

"Up-front" payments e.g. payment before access to the resources

Milestone payments

Fees e.g. access, licence and other fees for any services rendered

Royalties

Research funding

License fees in case of commercialisation

Equity and profit-sharing opportunities

Higher sale price of products – more pay to the owner should the sale price go beyond a certain value

Technology transfer

Licenses to manufacture / market resultant products

Development of supply industries or raw materials / extracts

•

• •

•

• •

Indirect Benefits

Contributions to local economy and at the village level, e.g. livelihoods improvement such as infrastructure and food security

Community empowerment through improved negotiation capacities

Strengthening capacities of local populations in the sustainable use of natural/genetic resources

Exchange of staff and training;

Capacity building e.g. through support to research activities, collaboration in education / training related to genetic resources management

Sharing of research results and transfer of technology

Support to small scale industries

Supporting programs aimed at encouraging sustainable harvesting

Establishing professional networks

Payment of salaries / paid use of local guides,

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• Commercial products e.g. drugs at cost price scientists and facilities • Information / knowledge / technology given

under favourable terms

• Joint ownership of patents and other intellectual property rights (IPR)

• Contributions to trust funds supporting conservation and sustainable use of biodiversity

Institutions that are involved in biodiversity prospecting collaborations should benefit directly from commercial product development in ways spelt out in Material Transfer Agreements.

5.2 Fees Structure

Fees charged to anyone seeking to access Uganda’s genetic resources are considered part of the benefits. A fees schedule as prescribed under the Regulations is given in Table 1. This fees schedule is intended to guide applicants who are required to make any payments to lead agencies, local communities or private owners in accordance with these guidelines.

Table 2: Fees Payable during the Process of Accessing Uganda's Genetic Resources

Item Basis Fee (UShs) Remarks

Application for Prior Informed Consent

Regulation 12(1)

50,000 This is money paid to the UNCST as an application fee, in order to obtain the application form for PIC

Prior Informed Consent Regulation 12(2)

120,000

This fee is paid to the owner of the resource before s/he gives PIC to the applicant. The owner can be the local community, a LA or private land owner. It is only paid if the owner wants to give PIC. If PIC is denied, then this fee is not paid

Materials Transfer Agreement

Regulation 14(2)

Negotiable This is paid to the LA before signing an MTA. It is only payable if the LA intends to go ahead and sign the MTA with the applicant.

Access Permit Regulation 19 300,000 UNCST

Resource owners may also charge additional fees for the actual genetic material accessed. Guidance on how much to charge is guided by market forces. However, it may be sought from the lead agencies in charge of management of the resources. Annex 8b gives the draft schedule (as at the time of development of these guidelines) of charges for some wildlife species developed by UWA in accordance with the Uganda Wildlife Act Cap. 200.

5.3 Who Shares the Benefits?

Institutions that are involved in biodiversity prospecting collaborations should benefit directly from commercial product development in ways spelt out in Material Transfer Agreements.

5.3.1 Government of Uganda / Government Institutions

Resource managers who shall include public bodies charged with management of specific resources like wildlife, forestry, fisheries, wetlands, etc, whose benefits shall include:.

1. Fees e.g. access fees, sample collected, licence and other fees for any services rendered,

2. Royalties, Research funds, Training, Technology transfer,

3. Information / knowledge / technology given under favourable terms

4. Joint ownership of patents and other intellectual property rights (IPR)

5. Collaboration in education / training related to genetic resources management

6. Collaborating / participating in research programs

Guidelines for Access to Genetic Resources and Benefit Sharing 22

7. Support for programs aimed at encouraging conservation and sustainable harvesting e.g. trust funds

8. Establishing professional networks and payment of salaries

5.3.2 Resource Owners and Users

Owners of the resources e.g. private land owners or local communities

1. Fees e.g. access fees, sample collected, licence and other fees for any services rendered

2. Royalties, Training / capacity building, Technology transfer

3. Licenses to manufacture / market resultant products

4. Development of supply industries or raw materials / extracts

5. Commercial products e.g. drugs at cost price

6. Joint ownership of patents and other intellectual property rights (IPR)

7. Support to small scale industries

8. Support for programs aimed at encouraging conservation and sustainable harvesting

Local resource users or community groups e.g. traditional healers, bee keepers, among others through an association or through a national body tasked with handling such benefits. This should not focus entirely on financial benefits alone. In some instances, the benefits should take the form of infrastructure development or capacity building. These should be done through established community efforts and structures.

1. Fees e.g. access fees, sample collected, licence and other fees for any services rendered

2. Royalties, Training, Technology transfer

3. Licenses to manufacture / market resultant products

4. Development of supply industries or raw materials / extracts

5. Commercial products e.g. drugs at cost price

6. Joint ownership of patents and other intellectual property rights (IPR)

7. Collaboration in education / training related to genetic resources management

8. Support to small scale industries

9. Establishing professional networks

Those who access the resource for research or commercial purposes

1. Training, Technology transfer

2. Joint ownership of patents and other intellectual property rights (IPR)

3. Collaboration in education / training related to genetic resources management

4. Supporting small scale industries based on accessing genetic resources

5. Collaborating / participating in research programs

6. Establishing professional networks

5.4 Mechanisms for Sharing Benefits

Agreements on the benefits to be shared, identification of persons with whom these benefits are to be shared and how the benefits will be transferred from one party to the other must be concluded prior to accessing the genetic resources.

The mechanism for sharing of any monetary benefits will be mutually agreed with beneficiaries in advance, and may involve the transfer of funds to a nominated account. Other mechanisms will also be agreed upon between the parties according to the type of benefits to be shared.

Guidelines for Access to Genetic Resources and Benefit Sharing 23

6. PART VI: INFORMATION MANAGEMENT

The CBD acknowledges the general lack of information and knowledge on biological diversity. Article 17 of the CBD deals with exchange of information and requires contracting parties to facilitate this.

The problem with information management for Uganda is that the information that is available is scattered amongst different institutions. Part V, Regulations 28 – 30 of the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005, deal with information management. Uganda needs to develop national systems for collecting, managing and making available relevant information to AGR. The responsibility for this lies with the Competent Authority.

6.1 Information Acquisition and Storage

All information regarding AGR e.g. existing MTA and AA is stored by UNCST. This is information about AGR in general and the operating systems found in Uganda. Information that results from allowing access and use of genetic resources e.g. for research shall be stored by the Lead Agencies, with copies given to UNCST.

The UNCST is required to keep a register of all permits issued. A person issued an Access Permit is required to keep the following records for each sample taken:

1. a unique identifier for the sample that is also on a label attached to the sample or its container;

2. the date the sample was taken;

3. the place from which the sample was taken;

4. an appropriate indication of the quantity or size of the sample (e.g. the weight or size)

5. both the English and scientific name of the sample;

6. the location of the sample when first entered in the record;

7. the details about any subsequent disposition of the sample, including the names and addresses of others having possession of the sample or a part of the sample.

If a permit holder does not propose to keep a sample for which he or she has a record of the type mentioned above, the permit holder must offer the sample and record to the owner of the genetic resources. If the owner does not agree to keep the sample and record, then the permit holder may dispose of it and, at that time, must send the record and details of the disposal of the sample to UNCST.

6.2 Access to Information

Any AGR document submitted to the Authority or the Competent Authority, in accordance with these Guidelines shall be a public document, subject to Article 85 of the National Environment Management Act and may be accessed by any person on payment of a prescribed fee.

A document requested from the Competent Authority or the LA, under these Guidelines will be availed to the applicant within sixty days from the date of application and on payment of the required fees.

6.3 Confidential Information

The confidentiality provided under Article 85(3) of the National Environment Act Cap 153 does not apply where public disclosure is required so as to protect public interest or protect the environment. Confidentiality of information is only granted in relation to proprietary information and to AA.

An application for confidential treatment of information shall be submitted together with an application for access to genetic resources and shall state the reason for seeking such confidentiality. Such an application for access to genetic resources may also be treated as confidential. The applicant, in this instance, is required to submit a non-confidential summary of the application.

Guidelines for Access to Genetic Resources and Benefit Sharing 24

An applicant for access to confidential information under these Guidelines shall not be denied access to such information provided he or she proves that access to that information will be necessary to protect the public interest or the environment.

Article 27(1) of the Access to Information Act protects commercial information that is proprietary as defined in the Act; scientific or technical, the disclosure of which is likely to cause harm to the interests or proper functioning of the public body; or information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or commercial negotiations; or to prejudice that third party in commercial competition.

According to the Regulations, confidential treatment of any AGR documents does not go beyond three years.

6.4 Monitoring System

A monitoring system shall be developed to enable Uganda keep track of all genetic resources that have been accessed within and outside the country and the extent of benefit sharing that has been achieved. The mandate for this is with the UNCST in collaboration with NEMA.

In addition to this, the LA are charged with monitoring the use of genetic resources transferred outside Uganda from within their estate while the CITES Scientific Authority is charged with monitoring population of wild fauna and flora in trade or offered for trade

To ensure collaboration and coordination in implementation of these guidelines, a committee, composed of representatives from key LA (UNCST, NEMA, UWA, NFA, NARO) shall be established to monitor the effectiveness of these guidelines and keep track of the access process and the impacts. The Guidelines will be reviewed and updated every five year period.

Guidelines for Access to Genetic Resources and Benefit Sharing 25

BIBLIOGRAPHY

Australian Government (2005): Environment Protection and Biodiversity Conservation Regulations 2000. Statutory Rules 2000 No. 181 as amended. Made under the Environment Protection and Biodiversity Conservation Act 1999.

Brazil Draft Law on Access to Genetic Resources 2001: Bill of Law No. 306/95 - "Access to Genetic Resources". Translated from Portuguese by Vanira Tavares, Translation Service Secretariat of Information and Documentation. Federal Senate, Brazil.

Government of Uganda (1995): The Constitution of the Republic of Uganda. As at 15th Feb 2006.

Government of Uganda (1994): The Agricultural Seeds and Plant Act, Cap. 29

Government of Uganda (2001): The Animal Breeding Act

Government of Uganda (1995): The National Environment Act, Cap. 153

Government of Uganda (2003): The National Forestry and Tree Planting Act

Government of Uganda (1937): The Plant Protection Act, Cap. 31

Government of Uganda (2005): The Access to Information Act

Government of Uganda (1997): The Local Governments Act, Cap 243

Government of Uganda (?): The Patents Act, Cap 216

Government of Uganda (1990): The Uganda National Council of Science and Technology Act, Cap. 209

Government of Uganda (1996): The Uganda Wildlife Act, Cap. 200

Government of Uganda (2005): The National Environment (Access to Genetic Resources and Benefit Sharing) Regulations. SI No. 30 of 2005.

Government of Uganda (1998): The Environment Impact Assessment Regulations. SI No. 13 of 1998.

Enu-Kwesi L. 1997. Bio-prospecting in Ghana – policy and legal framework. Paper presented at a National Workshop on the Management of Bio-prospecting in Accra, Ghana, 5–6 November 1997.

Lewis-Lettington R. J. and S. Mwanyiki (eds) (2006): Case Studies on Access and Benefit-sharing. International Plant Genetic Resources Institute, Rome, Italy.

Uganda Wildlife Society (2000): Wildlife trade and the implementation of CITES in Uganda. Research Report Reries #1.

Guidelines for Access to Genetic Resources and Benefit Sharing 26

GLOSSARY OF TERMS COMMONLY USED IN THE GUIDELINES

Access to genetic resources – obtaining, possessing and using of genetic resources, their derivative products and intangible components for purposes of research, bio-prospecting, conservation, industrial or commercial use

Access Permit – a permit issued under these regulations that authorises a person to access biological or genetic resources

Accessory Agreement – any facilitating agreement relating to a prior informed consent, and includes a letter of exchange, a memorandum of understanding, or an academic or research agreement

Authority – the National Environment Management Authority established by Section 4 of the National Environment Act Cap 153

Benefit Sharing – the sharing of benefits that accrue from the utilisation of genetic resources and includes technology, technology transfer, innovations, practices, results of research, capacity building, community knowledge, awareness and education

Biological resources – includes genetic resources, organisms or parts of organisms, populations or other biotic component of ecosystems with actual or potential value for humanity

Collector – a person or agent of that person obtaining or intending to obtain access to genetic resources, their derivative products or intangible components occurring or originating from Uganda

Competent Authority – the UNCST established under the UNCST Act designated to be the competent authority under regulation 5 of the regulations

Community Land – this refers to land that is communally or collectively owned by a local community

Derivative Product – an improved or unmodified biologically active chemical compound associated with targeted biological or genetic material formed by the metabolic processes of the organism, modified and used in a technological application, and includes molecules, combinations or mixtures of natural molecules including raw extracts of living or dead organisms and soil matter, deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) or chemical compounds, modified, created or synthesised from genetic material originally obtained in accordance with these regulations

Genetic Material – any material of plant, animal, microbial or other origin containing functional units of heredity

Genetic Resources – genetic material of actual or potential use or value, and includes their derivative products and intangible components

Intangible Component – any knowledge or information associated with biological or genetic resources occurring in or originating from Uganda and includes local knowledge, technology, innovations, farming practices and traditional lifestyles

Lead Agency – any organisation, department, local government or person that has been given responsibility for management of any aspect of Uganda’s genetic resources. The designation of a lead agency is based on legislation.

Local Community – an indigenous community of Uganda as provided for in the Third Schedule of the Constitution, or any clan or sub-clan of the indigenous community communally occupying, using or managing land in which the genetic resources are found

Material Transfer Agreement - an agreement between the Government or its representative and a collector, setting out the terms under which genetic resources can be transferred from one party to another

Owner – in relation to genetic resources, the registered proprietor of the land, a customary owner or occupier of the land, the lessee of the land, the agent or trustee of the land or the person for the time being owning, using or benefiting from the genetic resources

Prior Informed Consent – prior acceptance of a collector by the lead agency and the concerned local community or owner to access genetic resources

Re-export – export of any genetic material of Ugandan origin that has been previously exported

Regulations – the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005.

Guidelines for Access to Genetic Resources and Benefit Sharing 27

Re-introduction – introduction into Uganda of any genetic material of Ugandan origin that has previously been exported

Trade – Introduction into Uganda including the introduction from the sea, and the export and re-export therefrom as well as the use, movement, and transfer of possession within Uganda of specimen subject to the provisions of CITES Regulations.

Wildlife – any wild plant or wild animal of a species native to Uganda and includes wild animals which migrate through Uganda.

Guidelines for Access to Genetic Resources and Benefit Sharing 28

Annexes

Guidelines for Access to Genetic Resources and Benefit Sharing 29

ANNEX 1: APPLICATION FOR PRIOR INFORMED CONSENT

Regulation 12(1)

FIRST SCHEDULE

THE NATIONAL ENVIRONMENT (ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2005

APPLICATION FOR PRIOR INFORMED CONSENT

Form: AGR 1

To*: …………………………………………………………………………….. (lead agency)

…………………………………………………………………………….. (Local Community)

…………………………………………………………………………….. (Owner)

I / we* ……………………………………………………………………………………………………………

………………………

of ………………………………………………………………………………………………..…………

……………………….

(address)

hereby apply for prior informed consent to enable me/us to apply to the competent authority to access genetic resources under your ownership / jurisdiction.

The prior informed consent is being applied for, for the genetic resources located at

………………………………………………………………………………………………

(State location by local council, village, parish, sub-county and district)

The prior informed consent is being applied for in respect of the following genetic resources:

……………………………………………………………………………………………………………………… …………………………

I / we* declare that I am / we* are willing to enter into an accessory agreement with you on terms and conditions acceptable to you.

I / we* hereby further declare that to the best of my / our information the information given in this application is correct and true and that the prior informed consent will only be used for applying to the competent authority to access genetic resources from Uganda

Date: ………………………. Signature of applicant: ………………………………………………………………

FOR OFFICIAL USE ONLY

Application received on: …………………………………………………………….

Guidelines for Access to Genetic Resources and Benefit Sharing 30

dd – mm - yyyy

*Delete whichever is not applicable

Guidelines for Access to Genetic Resources and Benefit Sharing 31

ANNEX 2: PRIOR INFORMED CONSENT

Regulation 12(2)

SECOND SCHEDULE

THE NATIONAL ENVIRONMENT (ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2005

PRIOR INFORMED CONSENT

Form: AGR 3

I / we*………………………………………………………………………………………………………………… …………………….

being the owner(s) / custodian(s) of the following genetic resources

……………………………………………………………………………………………………………………… …………………………

……………………………………………………………………………………………………………………… ………………………….

(State the genetic resources)

Located at…………………………………………………………………………………………………………………… ……………..

(State location by local council, village, parish, sub-county and district)

Hereby consent that ………………………………………..………………………………………………………………………….

(Name and address of applicant for prior informed consent) may apply to the competent authority for consideration to access the above stated genetic resources found under my / our ownership / custody.

This consent is valid from……………………..….20…...… to……20….…………

This consent is granted subject to the following conditions:

1.…………………………………………………………………………………………………………………… ………………………….

2.…………………………………………………………………………………………………………………… ………………………….

3.…………………………………………………………………………………………………………………… ………………………….

4.…………………………………………………………………………………………………………………… ………………………….

5.…………………………………………………………………………………………………………………… ………………………….

The applicant(s) has*/have* obtained the following accessory agreements:

1.…………………………………………………………………………………………………………………… ………………………….

Guidelines for Access to Genetic Resources and Benefit Sharing 32

2.…………………………………………………………………………………………………………………… ………………………….

Signed………………………………………………………………………………… Date: ……..……………………………………

(Lead agency, Local Community or owner*) dd-mm-yyyy

*Delete whichever is not applicable

Guidelines for Access to Genetic Resources and Benefit Sharing 33

ANNEX 3: ACCESSORY AGREEMENT

Regulation 12(3)

THIRD SCHEDULE

THE NATIONAL ENVIRONMENT (ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2005

ACCESSORY AGREEMENT

Form: AGR 2

I / we*……………………………………………… being the owner(s) / local community / lead agency / custodian(s)* of the genetic resources located at:

…………..………………………………………………………………………………………………………… ………………………..

(State location by local council, village, parish, and sub-county)

in ………………………………………………………………. district of the Republic of Uganda

hereby consent that M/S ………………………………………………………………………….. may access the following genetic resources:

1.………………………………………………………………………………………………

2.………………………………………………………………………………………………

3.………………………………………………………………………………………………

For the purpose of ………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………… …………………..……..

(State the purpose e.g. commercial, research, educational etc)

On condition that:

1.…………………………………………………………………………………………………………………… …………………………

2.…………………………………………………………………………………………………………………… …………………………

3.…………………………………………………………………………………………………………………… …………………………

(Attach additional information where necessary)

Date of consent: ……………………………………………. 20…………

Signed:

……………………………………………………………………..

LEAD AGENCY/LOCAL COMMUNITY/OWNER*

c.c.: UNCST

Guidelines for Access to Genetic Resources and Benefit Sharing 34

*Delete whichever is not applicable

Guidelines for Access to Genetic Resources and Benefit Sharing 35

ANNEX 4: THE MATERIAL TRANSFER AGREEMENT

Regulation 15(1)

FOURTH SCHEDULE

THE NATIONAL ENVIRONMENT (ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2005

MATERIAL TRANSFER AGREEMENT

This is given only as a guide and shall be adjusted by those entering into the MTA as deemed suitable to all parties.

I / we*………………………………………………(hereby referred to as the Lead Agency – LA) being the lead agency charged with management of the genetic resources located at:

……………………………………………………………………………………………………………………… …………………………

(State location by local council, village, parish, sub-county and district)

Have entered into a materials transfer agreement with:…………………….……………………………………………

(name of collector)

………………………………………………………………………………………… (hereby referred to as the Applicant) From:……………………………………………………………………………………………………………… …………………………

(State origin of collector by nationality and institutional affiliation, etc. curriculum vitae of the person in charge and profiles of other involved persons are hereby attached)

On this …………… day of ………………. The agreement shall be valid for a period of ………………… years from the date of signature and shall be renegotiated during its tenure and on expiry as found appropriate by both parties.

Fees paid by the applicant: …………………………………………………………………………………………………………

……………………………………………………………………………………………………………………… …………………………

Collector’s access permit No.: ………………………… Issued on: ……………………… (DD/MM/YYYY)

Particulars of the genetic resources to be collected including:

(a) Type and quantity of genetic resources to be collected, as well as the specific tax to be collected;

(b) A list of broader species categories;

(d) Location and site of storage or utilisation;

(e) Location and site of collection;

The following are the purposes for which the collected material can be used

………………………………………………………………………………………………………………… ………………………

Guidelines for Access to Genetic Resources and Benefit Sharing 36

………………………………………………………………………………………………………………… ………………………

Restrictions:

Should the applicant wish to use the material for new and additional use, they are required to renegotiate this agreement with the LA.

Transfer to third party is only allowable with the consent of UNCST, the LA signatory to this agreement and any holders of relevant Accessory Agreements

No re-export shall be done without approval from exporting country and approval from UNCST

Below are the itemised financial resources available or expected to be available

Item Amount Available

………………………………………………………………………………………………………… ……………………………

Research

Indicate where it will take place: ………………………………………………………………………………………………

How the research will be carried out:

………………………………………………………………………………………………………… ……………………………

Expected results of a research programme, both scientific and financial, including information on

………………………………………………………………………………………………………… ……………………………

Guidelines for Access to Genetic Resources and Benefit Sharing 37

………………………………………………………………………………………………………… ……………………………

Identification of local bodies for collaboration in research and development – explain how they will collaborate

i)……………………………………………………………………………………………………………… ………………………

………………………………………………………………………………………………………………… ……………………

ii)……………………………………………………………………………………………………………… ………………………

………………………………………………………………………………………………………………… ……………………

iii)……………………………………………………………………………………………………………… ………………………

………………………………………………………………………………………………………………… ……………………

Confidential Information

Put statement on how any confidential information shall be treated.

Benefit sharing arrangements:

Expected kinds / types of benefits Beneficiary*

……………………………………………………………………… ……………………………………………………………

……………………………………………………………………… ………………………………………………………………

* please attach separate sheet indicating the number of people expected to benefit, their names and location

Depository:

A depository for representative samples or specimens and or intangible components of the genetic resources to be collected has been designated as: …………………………………………………………………

………………………………………………………………………………………………………………… …………………………

Access to the Genetic Resources:

Guidelines for Access to Genetic Resources and Benefit Sharing 38

It is hereby stated that in relation to the genetic resources held inside Uganda, NEMA, UNCST, and Lead Agency shall have access at any time. And for those genetic resources to be taken or held outside Uganda, the applicant shall allow reasonable access to the genetic resources.

Information Handling:

Every …………………………… months / years, the applicant shall inform the UNCST and Lead Agency of the status of research and all discoveries from research involving the biological and genetic resources, their derivatives, and their intangible components.

The applicant shall also inform the UNCST and Lead Agency about the environmental and socio-economic impacts of any on-going collection of genetic resources, their derivative products, and their intangible components during the period of collection.

The applicant shall submit a report about the status of the environment in the access area at the end of the collection period.

Technology transfer:

State how Uganda will benefit from the collection and use of the genetic resources through the transfer of technology and knowledge:

i………………………………………………………………………………………………………………… ……………………

………………………………………………………………………………………………………………… ……………………

Dispute settlement:

Insert agreed modes of settling disputes arising from the interpretation and implementation of the agreement, including an arbitration.

Law applicable:

This Agreement shall be governed by the Laws of Uganda.

Amendments:

Insert provisions that allow for amendment of the agreement and how this amendment shall be made

Signed By:

……………………………………………………………………………………………………………….

Name of Applicant Signature Date

………………………………………………………………………………………………………………..

Name of Authorised Representative of Lead Agency Signature Date

………………………………………………………………………………………………………………..

Name of Authorised Representative of UNCST Signature Date

Guidelines for Access to Genetic Resources and Benefit Sharing 39

ANNEX 5: ACCESS PERMIT

Regulation 19

THE NATIONAL ENVIRONMENT (ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2005

THE UGANDA NATIONAL COUNCIL FOR SCIENCE AND TECHNOLOGY

Form: AGR 4

ACCESS PERMIT

Not Transferable

Permission is hereby granted to M/S …………………………………………………………………………………………….

……………………………………………………….……………………………………………………………… …………………………

……….……………………………………………………………………………………………………………… …………………………

(Name and description of applicant)

to access, collect and export the following genetic resources ………………………………………………………….

………………………….…………………………………………………………………………………………… …….…………………..

……………………………………………………………………………….……………………………………… …………………………

(Describe the genetic resources, derivative products or intangible components as stated in the materials transfer agreement)

located at ……………………………………………………………………………………………………………………… …………..

………………………………….…………………………………………………………………………………… …………………………

…………………………………..………………………………………………………………………………… …………………………..

(State location by local council, village, sub-county and district)

This permit is issued subject to all the necessary agreements and material transfer agreement concluded pursuant to the Regulations and shall be withdrawn should the holder breach any of the conditions contained in those agreements and the Regulations.

Signed:

………………………………………………………… ………………………………………..

Guidelines for Access to Genetic Resources and Benefit Sharing 40

Executive Secretary Date

Uganda National Council for Science and Technology

Guidelines for Access to Genetic Resources and Benefit Sharing 41

ANNEX 6: EXPORT PERMIT FROM CITES MANAGEMENT AUTHORITY- MINISTRY OF TOURISM, TRADE AND INDUSTRY

Form 6: Export Permit

Not Transferable

Permit No:………………………………..

Issued at:…………………………………..

Date:………………………………………..

Pursuant to Article 24 of the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005, permission is hereby granted to……………………………………………………………………………………………………..

(Name of Applicant)

of…………………………………………………………………………………………………………. (Town / City / Country)

to export/re-export/import/transit* genetic resources listed below

to ……………………………………………………………………………………………….

(Destination Town / City / Country)

Common name Scientific name Quantity Description

These resources originate from ………………………………………………………… and have

(State Country of Origin)

been obtained without contravening any legislative provisions within Uganda.

Fees Paid………………………………………

This permit expires on (date)……………………………………………………………

Signed: ………………………………… ……………………………………

CITES MANAGEMENT AUTHORITY

Guidelines for Access to Genetic Resources and Benefit Sharing 42

ANNEX 7: CERTIFICATE OF ORIGIN (PLEASE INSERT THE FORM)

Guidelines for Access to Genetic Resources and Benefit Sharing 43

ANNEX 8A: UGANDA SPECIES PROTECTED UNDER CITES

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

BIRDS Balaeniceps rex Shoebill (Whale-headed Stork) Ardea goliath Goliath Heron

Ciconia nigra Black Stork Bubuculus ibis Cattle egret

Platalea leucorodia Spoonbill Egretta alba Great White Egret

Phoenicopterus minor Lesser Flamingo Egretta garzetta Little Egret

Phoenicopterus ruber Greater Flamingo Ephippiorhynchus senegalensis

Saddle-billed Stork

Nettapus auritus African Pygmy Goose Leptoptilos crumeniferus Marabou Stork

Sarkidiornis melanotos Comb Duck Bostrychia hagedash Hadada Ibis

Pandion haliaetus Osprey Bostrychia rara Spot-breasted Ibis

Accipiter badius Little Banded Sparrowhawk Threskiornis aethiopicus Sacred Ibis

Accipiter castanilius Chestnut-bellied Sparrowhawk Alopochen aegyptiacus Egyptian Goose

Accipiter erythropus Red-thighed Sparrowhawk Anas acuta Common Pintail

Accipiter melanoleucus Black Sparrowhawk Anas clypaeta Shoveler

Accipiter minullus Little Sparrowhawk Anas crecca Common Teal

Accipiter ovampensis Ovampo Sparrowhawk Anas penelope Eurasian Wigeon

Accipiter rufiventris Rufous-chested Sparrowhawk Anas querquedula Garganey Teal

Accipiter tachiro African Goshawk Nyroca nyroca Ferruginous Duck

Aquila orientalis Steppe Eagle Dendrocygna fulva Fulvous Whistling Duck

Aquila pomarina Lesser Spotted Eagle Dendrocygna viduata White-faced Whistling Duck

Aquila rapax Tawny Eagle Plectropterus gambiensis Spur-winged Goose

Aquila verreauxii African Black Eagle Cairina hartlaubi Hartlaub's Duck

Aquila wahlbergi Wahlberg's Eagle Columba guinea Speckled Rock Pigeon

Aviceda cuculoides African Cuckoo-Falcon Columba iriditorques Western Bronze-naped Pigeon

Butastur rufipennis Grasshopper Buzzard Columba unicincta African Wood Pigeon

Buteo augur Augur Buzzard Oena capensis Namaqua Dove

Buteo auguralis African Red-tailed Buzzard Streptopelis decipiens African Mourning Dove

Buteo buteo Common Buzzard Sreptopelia semitorquata Red-eyed Dove

Buteo oreophilus Forest Buzzard Streptopelia senegalensis Laughing Dove

Buteo rufinus Long-legged Buzzard Streptopelia turtur European Turtle-Dove

Guidelines for Access to Genetic Resources and Benefit Sharing 44

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Elanus riocourii African Swallow-tailed Kite Streptopelia vinacea Vinaceous Dove

Circaetus cinerascens Banded Snake-Eagle Treron calva African Green Pigeon

Circaetus cinereus Brown-Harrier Eagle Treron waalia Bruce's Green Pigeon

Circaetus gallicus Beaudouin's Snake-Eagle Turtur abyssinicus Black-billed Wood Dove

Circaetus pectoralis Black-breasted Harrier Eagle Turtur afer Blue-spotted Wood Dove

Polemaetus bellicosus Martial Eagle

Circus aeruginosus Eurasian Marsh Harrier Turtur tympanistria Tambourine Dove

Circus macrourus Pallid Harrier Psittacula krameri Ring-necked Parakeet

Circus pygargus Montagu's Harrier Corythaeola cristata Great Blue Turaco

Musophaga rossae Great Blue Turaco

Circus ranivorus African Marsh Harrier Serinus canicapillus West African Seedeater

Elanus caeruleus Black-shouldered Kite Serinus leucopygius Grey Canary

Gypaetus barbatus Lammergeier Serinus mozambicus Green Singing Finch

Gypohierax angolensis Palm-nut Vulture Amadina fasciata Cut-throat

Gyps africanus African White-backed Vulture Amandava subflava Golden-breasted Waxbill

Gyps ruepellii Ruppell's Griffon Vulture Estrilda astrild Common Waxbill

Haliaeetus vocifer African Fish Eagle Estrilda troglodytes Black-rumped Waxbill

Hieraaetus ayressi Ayre's Hawk-Eagle Lagonosticta rara Black-bellied Firefinch

Hieraaetus pennatus Booted Eagle Lagonosticta rubricata African Firefinch

Hieraaetus spilogaster African Hawk-Eagle Lagonosticta rufopicta Bar-breasted Firefinch

Kaupifalco monogrammicus Lizzard Buzzard Lagonosticta senegala Red-billed Firefinch

Lophaetus occipitalis Long-crested Eagle Lagonosticta vinacea Black-faced Firefinch

Macheiramphus alcinus Bat Kite Lonchura bicolor Black-and White Mannikin

Melierax gabar Gabar Goshawk Lonchura cantans African Silverbill

Melierax metabates Dark Chanting Goshawk Lonchura cucullata Bronze Mannikin

Meleriax poliopterus Eastern Chanting Goshawk Lonchura fringilloides Magpie Mannikin

Milvus migrans Black Kite Mandingoa nitidula Green Twinspot

Necrosyrtes monachus Hooded Vulture Nesocharis capistrata Grey-headed Oliveback

Neophron percnopterus Egyptian Vulture Nigrita bicolor Chestnut-breasted Negrofinch

Pernis apivorus (European) Honey Buzzard Nigrita canicapilla Grey-crowned Negrofinch

Polyboroides typus African Harrier Hawk Nigrita fusconota White-breasted Negrofinch

Spizaetus africanus Cassin's Hawk-Eagle Nigrita luteifrons Pale-fronted Negrofinch

Stephanoaetus coronatus African Crowned Eagle Ortygospiza atricollis African Quailfinch

Guidelines for Access to Genetic Resources and Benefit Sharing 45

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Terathopius ecaudatus Bateleur Pholidornis rushiae Tit-hylia

Torgos tracheliotus Lappet-faced Vulture Pytilia phoenicoptera Aurora Finch

Trigonoceps occipitalis White-headed Vulture Uraeginthus bengalus Cordonbleu

Urotriorchis macrourus African Long-tailed Hawk Amblyospiza albifrons Grosbeak Weaver

Sagittarius serpentarius Secretarybird Anaplectes rubriceps Red-headed Weaver

Falco alepex Fox Kestrel Anomalospiza imberbis Cuckoo Weaver

Falco amurensis Amur Falcon Bubalornis albirostris White-billed Buffalo Weaver

Falco ardosiaceus Grey Kestrel Euplectes afer Golden Bishop

Falco biarmicus Lanner Falcon Euplectes ardens Red-collared Whydah

Falco chiquera Red-headed Falcon Euplectes franciscanus Orange Bishop

Falco concolor Sooty Falcon Euplectes hordeaceus Black-winged Bishop

Falco cuvierii African Hobby Euplectes macrourus Yellow-backed Whydah

Falco naumanni Lesser Kestrel Malimbus malimbicus Crested Malimbe

Falco peregrinus Peregrine Falcon Malimbus nitens Blue-billed Malimbe

Falco rupicoloides Greater Kestrel Malimbus rubricollis Red-headed Malimbe

Falco subbuteo Eurasian Hobby Pachyphantes superciliosus Compact Weaver

Falco tinnunculus Common Kestrel Passer griseus Grey-headed Sparrow

Polihierax semitorquatus African Pigmy Falcon Petronia dentata Bush Sparrow

Balaerica pavonina Black Crowned Crane Plocepasser superciliosus Chestnut-crowned Sparrow Weaver

Balaerica regulorom Grey Crowned Crane Ploceus albinucha Maxwell's Black Weaver

Ardeotis kori Kori Bustard Ploceus aurantius Orange Weaver

Eupodotis gindiana Buff-crested Bustard Ploceus cucullatus Village Weaver

Eupodotis hartlaubii Hartlaub's Bustard Ploceus heuglini Heuglin's Masked Weaver

Eupodotis melanogaster Black-bellied Bustard Ploceus luteolus Little Weaver

Eupodotis senegalensis White-bellied Bustard Ploceus melanocephalus Black-headed Weaver

Neotis denhami Denham's Bustard Ploceus nigerrimus Vieillot's Black Weaver

Agapornis pullarius Red-faced Lovebird Ploceus nigricollis Black-necked Weaver

Agapornis swinderianus Black-collared Lovebird Ploceus pelzelni Slender-billed Weaver

Poicephalus gulielmi Jardine's Parrot (Red-fronted Parrot) Ploceus tricolor Yellow-mantled Weaver

Poicephalus meyeri Brown Parrot (Meyer's Parrot) Ploceus vitellinus Vitelline Masked Weaver

Poicephalus robustus Brown-necked Parrot (Cape Parrot) Quelea erythrops Red-headed Quelea

Psittacus erithacus Grey Parrot Sporopipes frontalis Scaly-fronted Weaver

Guidelines for Access to Genetic Resources and Benefit Sharing 46

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Musophaga porphyreolopha Purple-crested Turaco Vidua centralis Green Indigobird

Tauraco hartlaubi Hartlaub's Turaco Vidua macroura Pin-tailed Whydah

Tauraco leucolophus White-crestedd Turaco

Tauraco schuettii Black-billed Turaco

Ruwenzorornis johnstoni (Musophaga johnstoni)

Ruwenzori Turaco

Tyto alba Common Barn-Owl

Tyto capensis African Grass Owl

Asio abyssinicus Abyssinian Long-eared Owl

Asio capensis African Marsh Owl

Asio flammeus Short-eared Owl

Bubo africanus African Eagle-Owl

Bubo lecteus Giant Eagle-Owl

Bubo poensis Fraser's Eagle-Owl

Glaucidium castaneum Chestnut Owlet

Glaucidium perlatum Pearl-spotted Owlet

Glaucidium tephronotum Red-chested Owlet

Otus leucolotis White-faced Scops-Owl

Otus sunia African Scops-Owl

Scotopelia peli Pel's Fishing-Owl

Strix woodfordii African Wood-Owl

MAMMALS Pan troglodytes Chimpanzee Perodicticus potto Potto Manis gigantea Giant Pangolin

Gorilla gorilla beringei Mountain Gorilla Galago crassicaudatus Thick-tailed Galago Manis tetradactyla Phagatin

Panthera pardus Leopard Galago demidovii Demidoff's Galago Manis tricuspis Three-pointed Pangolin

Acinonyx jubatus Cheetah Galago senegalensis Bush Baby (Lesser Galago) Mellivera capensis Honey Badger (Ratel)

Loxodonta africana African Elephant Cercocebus albigena Grey-crested Mangabey Civettictis civetta African Civet

*Felis caracal *Caracal (African Lynx)

Cercopithecus ascanius Red-tailed Monkey Proteles cristatus Aardwolf

*Panthera leo *Lion Cercopithecus neglectus De Brazza's Monkey Tragelaphus spekei Sitatunga

Cercopithecus lhoesti L'Hoest's Monkey

Cercopithecus aethiops Vervet Monkey

Erythrocebus patas Patas Monkey

Guidelines for Access to Genetic Resources and Benefit Sharing 47

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Colobus guereza (Abyssinian) Black and White Colobus

Colobus pennantii Red Colobus

Colobus polykomos Angolan Black and White Colobus

Papilio cynocephalus anubis Olive Baboon

Manis temminckii Cape Pangolin

Aonyx capensis Cape Clawless Otter

Lutra maculicollis Spot-necked Otter

Felis aurata Golden Cat

Felis serval Serval

Felis sylvestris Wild Cat

Orycteropus afer Aardvark

Hippopotamus amphibius Hippopotamus

Cephalophus monticola Blue Duiker

Cephalophus sylvicultor Yellow-backed Duiker

Hippotragus equinus Roan Antelope

*Felis caracal *Caracal (African Lynx)

*Panthera leo *Lion

REPTILES Osteolaemus tetraspis African Dwarf

Crocodile Geochelone pardalis Leopard Tortoise Trionyx triunguis African Softshell Turtle

Kinixys belliana Bell's Hinged Tortoise Pelomedusa subrufa African Helmeted Turtle

Kinixys erosa Common (Serrated Hinge-backed) Tortoise

Pelusios gabonensis African Forest Turtle (Gabon Terrapin)

Crocodylus niloticus Nile Crocodile

Bradypodion adolfifriderici Ituri Forest Chameleon

Bradypodion carpenteri Ruwenzori Mountain Chameleon

Bradypodion xenorhinum Single Welded-horn (Strange-nosed) Chameleon

Chamaeleo bitaeniatus Montane (Two-lined) Chameleon

Chamaeleo dilepis Flap-necked Chameleon

Chamaeleo ellioti Montane Side-striped Chameleon

Chamaeleo gracilis Graceful Chameleon

Guidelines for Access to Genetic Resources and Benefit Sharing 48

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Chamaeleo hoehnelii Helmeted Chameleon

Chamaeleo laevigatus Smooth Chameleon

Chamaeleo quilensis Bocage's Chameleon

Chamaeleo rudis Ruwenzori Side-striped Chameleon

Chamaeleo senegalensis Senegal Chameleon

Chamaeleo johnstoni Johnston’s Chameleon

Varanus albigularis Rock (Southern Savannah) Monitor

Varanus niloticus Nile Monitor

Python regius Ball Python (Royal Python)

Python sebae African Rock Python

PLANTS Ancistrochilus spp

Ancistrorhynchus spp

Angraecopsis spp

Angraecum spp

Ansellia spp

Auxopus spp

Bolusiella spp

Bonatea spp

Brachycorhythis spp

Bulbophyllum spp

Calanthe spp

Calyptrochilum spp

Chamaengis spp

Cheirostylis spp

Cirrhopetalum (Bulbophyllum) spp

Corymborkis spp

Cynorchis (Cynorkis) spp

Cyrtorchis spp

Dendrobium spp

Diaphananthe spp

Guidelines for Access to Genetic Resources and Benefit Sharing 49

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Disa spp

Disperis spp

Distylodon spp

Eggelingia spp

Epidendrum spp

Epipactis spp

Epipogium spp

Eulophia spp

Eurychone spp

Galeandra spp

Genyorchis spp

Geodorum spp

Graphorkis spp

Habenaria spp

Holothrix spp

Jumellea spp

Limodorum spp

Liparis spp

Listrostachys spp

Malaxis spp

Manniella spp

Microcoelia spp

Nephrangis spp

Nervilia spp

Oberonia spp

Ophrys spp

ORCHIDACEAE*

Ornithochilus spp

Pachystorma spp

Peristylis spp

Phaius spp

Platycoryne spp

Platylepis spp

Guidelines for Access to Genetic Resources and Benefit Sharing 50

APPENDIX I APPENDIX II APPENDIX III Scientific name Common name Scientific name Common name Scientific name Common name

Pleurothalis spp

Podangis spp

Pogonia spp

Polystachya spp

Pteroglossaspis spp

Rangaeris spp

Rhaesteria spp

Stolzia spp

Triceratorhynchus spp

Tridactyle spp

Vanilla spp

Zeuxine spp

Cyathea spp

Encephalartos barteri

Encephalartos hildebrandtii

Encephalartos septentrionalis

Encephalortis whitelockii

ZAMIACEAE * spp

Rhipsalis spp

Euphorbia spp

Aloe spp (Except A. vera)

Prunus africana Red Stinkwood (African Cherry)

Ceropegia spp.

The abbreviation "spp." is used to donate all spp of a higher taxon.

(An asterisk) placed against the name of spp of higher taxon indicates that one or more geographically separate populations, sub-species or species of that species or taxon are included in appendix I and are excluded from appendix II.

Source: MTTI, 2007

Guidelines for Access to Genetic Resources and Benefit Sharing 51

ANNEX 8B: SPECIES PROTECTED UNDER THE WILDLIFE ACT

This schedule gives guidance to resource owners on possible values they may attach to the different species that may be accessed. Further guidance should be sought from Uganda Wildlife Authority so as to know any changes in these values or from the Forest Inspection Division with regard to plant species.

Common Name Scientific Name Fees (USD)

MAMMALS

African Climbing Mouse Dendromus spp 0.30

African Common Dormouse Graphiurus murinus 0.30

African Dwarf Flying Squirrel Idiurus zenkeri 0.30

African Pouched Rat Saccustomus mearnsi 0.30

African Soft Furred Rat. Praomys spp. 0.30

Alexander's Bush Squirrel Paraxerus alaxandri 0.30

Beecroffs Flying Squirrel Anomalurus beecrofti 0.30

Black -tailed Gerbil Tartera nigricauda 0.30

Black-cheeked White-nosed Monkey Cercopithecus ascanius 8.00

Black-legged Mongoose Bdeogale (Nigripes) jacksoni 0.30

Blue Duiker Cephalophus monticola 5.00

Blue Monkey Cercopithecus mitis 8.00

Boehm's Bush Squirrel Paraxerus boehmi 0.30

Boehm's Gerbil Tartera boehmi 0.30

Bush squirrel Paraxerus cepapi 0.30

Cape Hyrax Procavia capensis 0.30

Caracal Felis caracal 2.00

Carruthers Mountain Tree Squirrel Funisciurus carruthersi 0.30

Checkered Elephant Shrew Rhynchocyon cirnei 0.30

Congo Gerbil Tarterillus congicus 0.30

Cuvier's Fire-footed Squirrel Funisciurus pyrrhopus 0.30

De Brazza's Monkey Cercopithecus neglectus 8.00

Delany's Mouse Delanymys brooksi 0.30

Dusky-Footed Elephant Shrew Elephantulus fuscipes 0.30

Dwarf Galago Galagoides demidoff 2.00

East African Pygmy Dormouse Graphiurus nanus 0.30

Eastern Needle-Clawed Bushbaby Galago matschiei 2.00

Emin's Gerbil Tarterillus emini 0.30

Epauletted Bat Epomops franqueti 0.30

Epauletted Fruit Bat Epomophorus labiatus 0.30

Fat Mouse Stratomys spp. 0.30

Forest Pouched Rat Cricetomys emini 0.30

Four-striped grass mouse Rhabdomys pumilio 0.30

Four-toed Hedgehog Atelerix albiventris 0.30

Fringe-tailed Gerbil Tartera robusta 0.30

Gambian Sun Squirrel Heliosciurus gambianus 0.30

Geoffreys Ground Squirrel Xerus erythropus 0.30

Giant Genet Genetta victoriae 0.30

Giant Pangolin Manis gigantea 2.00

Golden Cat Felis aurata 2.00

Grey-cheeked Mangabey Lophocebus albigena 8.00

Gunther's Dikdik Madoqua guntheri 8.00

Guidelines for Access to Genetic Resources and Benefit Sharing 52

Common Name Scientific Name Fees (USD)

Harrington's Gerbil Tarterillus harringtoni 0.30

Hedgehogs Atelerix Abiventries 2.00

Honey Badger Mellivora capensis 0.30

Huet's Bush Squirrel Paraxerus ochraceus 0.30

Kaiser's Bush Rat Aethomys kaiseri 0.30

Lake Victoria Rat Pelomys isseli 0.30

Large-spotted Genet Genefta tigrina 0.30

Lesser Bush Baby Galago senegalensis 2.00

L'hoest Monkey Cercopithecus lhoesti 8.00

Little Colored Fruitbat Myonycteris torquata 0.30

Long-footed Rat Malacomys longipes 0.30

Long-tailed Pangolin Manis tetradactyla 2.00

Lord Derbys Flying Squirrel Anomalurus derbianus 0.30

Maned Rat Lophiomys imhausi 0.30

Mangabey Cercopithecus albigena 8.00

Montane Thicket Rat Thamnomys venustus 0.30

Mouse spp. Mus spp. 0.30

Needle Clawed Bushbaby Euoticus inustus 2.00

Northern Savanna Gerbil Tartera valida 0.30

Olive Baboon Papio anubis 35.00

Palm Civet Nandina binotata 0.30

Patas Monkey Erythrocebus patas 8.00

Peters Striped Mouse Hybomys univfttatus 0.30

Potto Perodicticus pofto 2.00

Pousargues Mongoose Dologale dybowskii 0.30

Pygmy Antelope Neotragus batesi 8.00

Red Legged Sun Squirrel Helioscurus rufobrachium 0.30

Red-tailed Monkey Cercopithecus ascanius 8.00

Rosette Fruitbat Rousettus lonosus 0.30

Rusty-nosed Rat Oenomys hypoxarythus 0.30

Ruwenzori Sun Squirrel Heliosciurus ruwenzori 0.30

Savanna Pouched Rat Cricetomys gambianus 0.30

Scaly Anteater Manis temminkii 2.00

Serval Felis serval 2.00

Servaline Genet Genefta servalina 0.30

Short-Snouted Elephant Shrew Elephantulus brachyrhynchus 0.30

Small-Clawed Otter Aorryx congicus 0.30

Southern Tree Hyrax Dendrohyrax arboreus 1.00

Spectacled Elephant Shrew Elephantulus rufescens 0.30

Spiny Mouse Acomys spp. 0.30

Squirrel Funisciurus anerthrus 0.30

Stanger's Squirrel Protoxerus stangeri 0.30

Straw colored Fruitbat Eilodon helvurn 0.30

Striped Grass Mouse Lemniscomys spp. 0.30

Striped Weasel Poecilogale albinucha 0.30

Thick-tailed Bush Baby Otolemus crassicaudatus 2.00

Thomas Tree Squirrel Funisciurus anerythrus 0.30

Three-toed Grass Rat Mylomys dybowski 0.30

Guidelines for Access to Genetic Resources and Benefit Sharing 53

Common Name Scientific Name Fees (USD)

Tree Hyrax Dendrohyrax esdorsalis 1.00

Tree Pangolin Anubis manis tricuspis 2.00

Unstriped Ground Squirrel Xerus rutilus 0.30

Velvet monkey Cercopithecus pygevithrus 30.00

West African Common Dormouse Graphiurus ocularis 0.30

Western Tree Hyrax Dendrohyrax dorsalis 1.00

Wolf s Monkey Cercopithecus wolfi 8.00

Woosnam's Brush-furred Rat Lophuromys woosnami 0.30

Yellow-Spotted Hyrax Heterohyrax brucei 0.30

Zorilla Ictonyx striatus 0.30

BIRDS

CITES APPENDIX II SPECIES

African jacana Actophilonis africana 5.00

Bare faced go away bird Corythaixoides personata 15.00

Black chested harrier Circaetus pectoralis 5.00

Black collared lovebird Agapornis swinderina 2.00

Egyptian vulture Neophorn perenopterus 30.00

Great blue turaco Corythaeola crustata 40.00

Hooded vulture Necrosyrtes monachus 30.00

Lesser jacana Microparra capensis 5.00

Namaqua doves Oena capensis 2.00

Nubian vulture Torgos trachelrotus 40.00

Pink backed pelican Pelecanus rufescens 50.00

Red and yellow barbet Trychophonus erythrocephalus 2.00

Red headed lovebirds Agapornis pullaria 2.00

Ross turaco Musaphaga rossae 40.00

Saddle bill stork Ephippiorynchus senegalesi 100.00

Tambourine doves Turtar tymponistria 2.00

Verreaux's eagle Aquila verreauxii 40.00

White crested turaco Turaco schalowii 40.00

White pelican Pelecanus onocrotaalus 50.00

CITES APPENDIX III SPECIES

Abbysinian crimsonwings Cryptospizasalvadorii 0.50

African citril Serinus canicollis 0.50

African fire finch Lagonostica rubricicata 0.50

Amethyst sunbird Nactarina amathystina 3.00

Black crowned waxbill Estrilda nonnula 0.50

Black headed waxbill Estrilda atricapilla 0.50

Black heades weaver Ploceus cucullatus 0.50

Blue breasted kingfisher Halcyon malimbica 5.00

Brimstone canary Serinus suphuratus 0.50

Carmine bee eater Merops nubicus 3.00

Chestnut weaver ploceus rubiginosus 0.50

Common waxbill Estrild astrild 0.50

Crested guinea fowls Guttera eduardo 10.00

Cut throat Amandina fasciata 0.50

Fishers whhydah Vidua fischeri 0.50

Giant kingfisher Ceryle maxima 5.00

Guidelines for Access to Genetic Resources and Benefit Sharing 54

Common Name Scientific Name Fees (USD)

Golden winged sunbird Neeterina Reichenowi 3.00

Green Winged pylia Pytlia melba 0.50

Grey backed fiscal Lanius execubitorus 3.00

Grey headed kingfisher Hycyon leucocephala 5.00

Hunters sunbird Nactarina hunteri 3.00

Lesser blue eared starling Lamprotornis choropterus 3.00

Little bee eater Melittophagus pusillus 3.00

Malachite kingfisher Alcedo cristata 5.00

Malachite sunbird Nactarina famosa 5.00

Marabou stork Leptotilos crumeniferus 10.00

Paradise shydah Steganura paradisea 0.50

Piac Piac Pilostomus ager 3.00

Pied kingfisher Ceryle rudis 5.00

Pintailed whhydah Vidua macroura 0.50

Purple grenediers Ureaginthus lanthinogaster 0.50

Red billed ox- pecker Buphagus erytho rhynchus 3.00

Red billed quelea Quelea quelea 0.50

Red capped robin chat Cossypha natalensis 3.00

Red checked cordon bleu Ureaginthus bengalus 0.50

Red faced crimsonwings Cryptospiza reichinovii 0.50

Ruppell’s starlings Lamproitomis purpuropetrs 3.00

Snowy headed robin chart Cossypha niveicapilla 3.00

Splendid glossy starling Lamprotornis splendidus 3.00

Super starlings Spreo superbus 3.00

Taccaze sunbird Nactarina tuccazze 3.00

Wattled starlings Creatophora cinerea 3.00

Woodland king fisher Hylcyon Ssenegalensis 5.00

Yellow rumped seedeater Serinus atroglaris 0.50

Yellow white eyes Zestorops Sengegalensis 3.00

Yellow fronted canary Serinus mozambicus 0.50

Yellow billed ox-pecker Buphagus Africanus 3.00

Zebra waxbills Aamandava subflava 0.50

NON SCHEDULED SPECIES

Abdim's Stork Ciconia abdimii 0.80

Abyssinian Hornbill Bucorvus abyssinicus 5.00

Abyssinian Roller Coracias abyssinica 0.30

Acacia Paradise Wydah Vidua Paradisaea 0.30

African Black-Headed Oriole Oriolus larvatus 0.30

African Broadbill Smithornis Capensis 0.30

African Dwarf Kingfisher Ceyx lecontei 2.00

African Golden Oriole oriolus auratus 0.30

African Green Broadbill Pseudocatyptomena Graueri 0.30

African Grey Hornbill Tockus Nasutus 1.00

African Paradise Monarch Terpsiphone Virides 0.30

African pied Hornbill Tockus Fasciatus 1.00

African Pitta Pitta angolensis 0.30

African Pygmy Kingfisher Ceyx picta 2.00

African Quailfinch Ortygospiza atricollis 0.30

Guidelines for Access to Genetic Resources and Benefit Sharing 55

Common Name Scientific Name Fees (USD)

African Silverbill Lonchura cantans 0.30

African Trush Turdus Peiios 0.30

African Wattled Lapwing Vanellus Senegallus 0.50

Amethyst Sunbird Nectarinia amethystina 3.00

Banded Wattle-Eye Platysteira Cyanea 0.30

Bar-breasted Firefinch Lagonosticta rufopicta 0.50

Bare-eyed Trush Turdus Tephronotus 0.30

Beautiful Sunbird Nectarinia pulchella 3.00

Bicoloured Mannikin Lonchura bicolor 0.30

Black and White casqued Hornbill Ceratogymna subcylindricus 0.80

Black Bee-eater Mecrops Gularis 3.00

Black Billed Barbet Lybius quifsobalito 0.30

Black Billed Turaco Tauraco schutti 5.00

Black Billed Wood Dove Turtur Abyssinicus 2.00

Black Breasted Barbet Lybius rolleti 0.30

Black crowned waxbill Estrilda nonnula 0.50

Black Faced Waxbill Estrilda crythronotus 0.50

Black Rumped Waxbill Estrilda troglodytes 0.50

Black Winged Red Bishop Euplectes hordeaceus 0.30

Black-bellied Bustard Eupodotis melanogaster 1.50

Black-bellied Firefinch lagonosticta rara 0.50

Black-bellied Seedcracker Pyrenestes Ostrinus 0.30

Black-Billed Turaco Turaco Schuetti 5.00

Black-Billed Weaver Ploceus Melanogaster 0.50

Black-faced Firefinch Lagonosticta vinacea 0.50

Black-faced Quailfinch Ortygospiza gabonensis 0.30

Black-Headed Weaver Ploceus Cucullatus 0.50

Black-Necked Weaver Ploceus Nigricollis 0.50

Blue Breasted Bee-eater Mecrops Variegatus 3.00

Blue Cheeked Bee-eater Mecrops Persicus 3.00

Blue Mantled Crested Monarch Terpsiphone Cyanomelas 0.30

Blue Naped Mouse Bird Urocolius Macrourus 0.30

Blue Spotted Wood Dove Turtur Afer 2.00

Blue Throated Roller Eurystomus gularis 0.30

Blue-Headed Sunbird Nectarinia alinae 3.00

Blue-Throated Sunbird Nectarinia cyanolaema 3.00

Bristle-Crowned Starling Onychognathus salvadorri 0.30

Broad Billed Roller Eurystomus glaucurus 0.30

Broad Tailed Paradise Wydah Vidua Obtusa 0.30

Bronze Mannikin Lonchura cucullata 0.30

Bronze Sunbird Nectarinia kilimensis 3.00

Bronze-Tailed Glossy Starling Lamprotornis chalcurus 3.00

Brown Parrot Poicephalus Meyeri 2.00

Brown Rumped Bunting Emberiza forbesi 0.30

Brown Twinspot Clytospiza monteiri 0.30

Buff-crested Bustard Eupodotis ruficrista 1.50

Cabinis’s Bunting Emberiza cabanisi 0.30

Cattle Egret Bubulcus ibis 1.00

Guidelines for Access to Genetic Resources and Benefit Sharing 56

Common Name Scientific Name Fees (USD)

ChestnLA-breasted Negrofinch Nigriata bicolor 0.30

Chestnut Wattle-Eye Platysteira Castanea 0.30

Cinnamon Breasted Rock Bunting Emberiza tahapisi 0.30

Common Robin Chat Cossypha caffra 3.00

Common Shrike Flycatcher Bias flammulatus 0.30

Copper Sunbird Nectarinia cuprea 3.00

Couser species Cursorius species 0.30

Crested Shrike Flycatcher Bias musicus 0.30

Crimson Rumped Waxbill Estrilda rhodopyga 0.50

Crowned Hornbill Tockus Alboterminatus 1.00

D'Amaud's Barbet Trachyphonus Damaudii 0.30

Dark-Backed Weaver Ploceus Bicolor 0.50

Double Toothed Barbet Lybius bidentatus 0.30

Dove species Turtur species 2.00

Emerald Spotted Wood Dove Turtur Chalcospila 2.00

Eurasian Bee-eater Mecrops Apiaster 3.00

Eurasian Golden Oriole Oriolus oriolus 0.30

Eurasian Roller Coracias garrulus 0.30

Fan Tailed Widow Bird Euplectes axillaris 0.30

Fawn Breasted Waxbill Estrilda paludicola 0.50

Four Banded Sand Grouse Plekocles Quadricinctus 0.30

Fox's Weaver Ploceus Spekeoides 0.50

Giant kingfisher Ceryle maxima 5.00

Glossy Ibis Plegadis Falcinellus 0.80

Golden Breasted Bunting Emberiza flaviventris 0.30

Golden-Backed Weaver Ploceus Jacksoni 0.50

Goshawk Melierax spp. 4.00

Granfs Bluebill Spermophaga Poliogervys 0.30

Greater Blue-Eared Glossy Starling Lamprotornis chalybeus 3.00

Green Twinspot Mandingoa nitidula 0.30

Green-breasted Pitta Pifta reichenovvi 0.30

Green-Headed Sunbird Nectarinia verticalis 3.00

Green-Throated Sunbird Nectarinia rubescens 3.00

Green-winged Pytilia Pytilia Melba 0.50

Grey backed fiscal Lanius execubitorus 3.00

Grey Headed Silverbill Lonchura griseicapilla 0.30

Grey-Headed Negrofinch Nigrita canicapilla 0.30

Grey-headed Oliveback Nesocharis capistriata 0.30

Grossbeak Weaver Amblyospiza albifrons 0.30

Hadada Ibis Hagedashia hagedash 0.30

Hartlaub’s Turaco Tauraco hartlaubi 5.00

Hartlaub's Bustard Eupodotis hartlaubii 1.50

Heuglin's Masked Weaver Ploceus Heuglini 0.50

Heuglin's Robin Chat Cossypha heuglini 3.00

Jackson's Hornbill Tockus Jacksoni 1.00

Jameson's Firefinch Lagonosticta rhodopareia 0.50

Jameson's Wattle-Eye Platysteira Jamesoni 0.30

Kurrichane Thrush Turdus Libonianus 0.30

Guidelines for Access to Genetic Resources and Benefit Sharing 57

Common Name Scientific Name Fees (USD)

Large Golden Weaver Ploceus Xanthops 0.50

Lesser Blue Glossy Starling Lamprotornis chloropterus 3.00

Lesser Masked Weaver Ploceus Intermedius 0.50

Lichtenstein's Sand Grouse Plekocles Lichtensteini 0.30

Lilac-breasted Roller Coracias caudata 0.30

Little Olive Sunbird Nectarinia seimundi 3.00

Little Purple-Banded Sunbird Nectarinia bifasciata 3.00

Little Weaver Ploceus Luteolus 0.50

Mariqua Sunbird Nectarinia mariquensis 3.00

Marsh Widow Bird Euplectes hartlaubi 0.30

Montane Double-Collard Sunbird Nectarinia ludovicensis 3.00

Montane Oriole Oriolus percivali 0.30

Mousebird species Urocolius species 0.30

Narina's Trogon Apaloderma narina 2.00

Narrow-Tailed Starling Pecoptera lugubris 0.30

Northern Brown-Throated Weaver Ploceus Castanops 0.50

Northern Double-Collard Sunbird Nectarinia preussi 3.00

Northern Red Bishop Euplectes franciscanus 0.30

Olive Bee-eater Mecrops Supercilliosus 3.00

Olive Ibis Bostrychia olivacea 0.60

Olive Thrush Turdus Olivaceus 0.30

Olive-Bellied Sunbird Nectarinia chloropygia 3.00

Open-Billed Stork Mycteria Ibis 1.50

Orange Weaver Ploceus Aurantius 0.50

Orange-winged Pytilia Pyfilia Afra 0.50

Oriole-Finch Linurgus olivaceus 0.30

Osprey Pandion haliaetus 4.00

Pale-fronted Negrofinch Nigrita luteifrons 0.30

Papyrus Serin Serinus Koliensis 0.30

Pearl-spotted owlet Glaucidium perlatum 1.50

Pied Crow Corvus albus 0.60

Piping Hornbill Ceratogymna fistulator 0.80

Purple Glossy Starling Lamprotornis purpureus 3.00

Purple-Breasted Sunbird Nectarinia purpureiventds 3.00

Purple-Headed Glossy Starling Lamprotornis purpureiceps 3.00

Pytilia species Pytilia species 0.50

Red and Yellow Barbet Trachyphonus Erythrocephalus 0.30

Red Bellied Paradise Monarch Terpsiphone Rufiventer 0.30

Red Billed Hornbill Tockus Erythorhynchus 1.00

Red capped robin chat Cossypha natalensis 3.00

Red Collard Widow Bird Euplectes ardens 0.30

Red Faced Barbet Lybius rubrifacies 0.30

Red Fronted Parrot Poicephalus Guliemi 2.00

Red Throated Bee-eater Mecrops Bukocki 3.00

Red-bellied Firefinch Lagonosticta senegala 0.50

Red-billed Ox-pecker Buphagus erythrorhynchus 3.00

Red-cheeked Cordon-bleu Uraeginthus Bengalus 0.50

Red-Chested Sunbird Nectarinia erythrocerca 3.00

Guidelines for Access to Genetic Resources and Benefit Sharing 58

Common Name Scientific Name Fees (USD)

Red-headed Bluebill Spermophaga Ruficapilla 0.30

Red-Headed Weaver Anaplectes rubriceps 0.30

Red-sided Broadbill Smithomis Rufolateralis 0.30

Red-winged Pytilia Pytilia Phoenicoptera 0.50

Red-Winged Starling Onychognathus morio 0.30

Regal Sunbird Nectarinia regia 3.00

Rueppell's Long-Tailed Starling Lamprotornis purpuropterus 3.00

Rufous Crowned Roller Coracias nacula 0.30

Ruwenzori Turaco Tauraco johnstoni 5.00

Sacred Ibis Treskiornis aethiopius 0.80

Scarlet-Chested Sunbird Nectarinia senegalensis 3.00

Scarlet-Tufted Malachite Sunbird Nectarinia johnstoni 3.00

Secretary bird Sagittarius Serpentarius 3.00

Sharpe's Starling Cinnyricinclus sharpii 3.00

Shelleys Crimsonwing Cryptospiza shelleyi 0.50

Slender-Billed Weaver Ploceus Pelzelni 0.50

Snowy Crowned Chat Cossypha niveicapilla 3.00

Snowy headed robin chart Cossypha niveicapilla 3.00

Somali Golden-breasted Bunting Emberiza poliopleura 0.30

Song Thrush Turdus Philomelos 0.30

Southern Red Bishop Euplectes orix 0.30

Speckled Mouse Bird Urocolius Striatus 0.30

Spectacled Weaver Ploceus Ocularis 0.50

Spot-Breasted Ibis Bostrychia rara 0.60

Steel-Blue Wydah Vidua Hypocherina 0.30

Strange Weaver Ploceus Alienus 0.50

Straw-Tailed Wydah Vidua Fischeri 0.30

Streaky Headed Serin Serinus Gularis 0.30

Streaky Serin Serinus Striolatus 0.30

Stuhimann's Double-Collared Sunbird Nectarinia stuhimanni 3.00

Stuhlmann's Starling Pecoptera stuhimanni 0.30

Superb Sunbird Nectarinia superba 3.00

Swallow Tailed Bee-eater Mecrops Hirundineus 3.00

Thick-Billed Serin Serinus Burtoni 0.30

Thrush species Turdus species 0.30

Variable Sunbird Nectarinia venusta 3.00

Vieillofs Black Weaver Ploceus Nigerrimus 0.50

Village Indigofinch Vidua Chalybeata 0.30

Violet Crested Turaco Musophaga Porphyreolopha 3.00

Violet-backed Starling Cinnyricinclus leucogaster 3.00

Waller's Starling Onychognathus walled 0.30

Wattled Starling Creatophora cinerea 3.00

Western Black-Headed Oriole Oriolus brachyrhynchus 0.30

Weyn’s Weaver Ploceus Weynsi 0.50

White Bellied Serin Serinus Dorsostriatus 0.30

White Headed Barbet Lybius lenocephalus 0.30

White Throated Bee-eater mecrops bicollis 3.00

White Winged Widow Bird Euplectes albonotatus 0.30

Guidelines for Access to Genetic Resources and Benefit Sharing 59

Common Name Scientific Name Fees (USD)

White-bellied Bustard Eupodotis senegalensis 1.50

White-breasted Negrofinch Nigrita fusconota 0.30

White-collared Oliveback Nesocharis ansorgei 0.30

White-crested Helmet Shrike Prionops Plumatus 0.30

White-headed lapwing Vanellus Ajbiceps 0.50

White-rumped Serin Serinus Leucopygius 0.30

White-Thighed Hornbill Ceratogymna cylindricus 0.80

Woolly-Necked Stork Ciconia episcopus 0.80

Yellow Bellied Waxbill Estrilda melanotis 0.50

Yellow Billed Barbet Trachyphonus Purpuratus 0.30

Yellow Billed Stork Ibis ibis 0.80

Yellow Bishop Euplectes capensis 0.30

Yellow Mantled Widow Bird Euplectes macrourus 0.30

Yellow-Backed Weaver Ploceus Melanocephalus 0.50

Yellow-billed Oxpecker Buphagus afdcanus 3.00

Yellow-Billed Stork Mycteria Ibis 1.50

Yellow-Crowned Canary Serinus Canicollis 0.30

Yellow-Fronted Serin Serinus mozambicus 0.30

REPTILES

Tortoises and Terrapins

African Forest Turtle Pelusios Gabonensis 5.00

African Helmet Turtle Pelomedusa Subrufa 5.00

African mud turtle Pelusios. spp. 5.00

Bell's Hinged Tortoise Kinixys Belliana 10.00

Dotted Soft-shell Turtle Cycloderma Frenaturn 5.00

Flap shell Turtle Cycianorbis Eiegans 5.00

Hinge-back Tortoise Kinixis species 10.00

Leopard Tortoise Geohelone pardalis 20.00

Nile Soft-shelled Terrapin Tryonix triunguis 10.00

Serrated Hinge-backed tortoise Kinixys Erosa 15.00

Chameleons

Bearded pigmy chameleon Rhamph brevuicadatus 2.00

Bocages Chameleon Chamaeleo Quilensis 2.00

Carpenters chameleon Chameleo capenteri 2.00

Fishers two horned chameleon Bradypodion fisherii 2.00

Flap necked chameleon Chameleo dilepsis 2.00

Graceful chameleon Chameleo gracilis 2.00

Helmeted Chameleon Chamaeleo, hoehnelii 2.00

Ituri Forest Chameleon Bradypodion adolfifrederici 2.00

Jackson's Three Horned Chameleon Chameleo jacksonii 2.00

Johnson's Three Horned Chameleon Chamaeleo johnstonii 2.00

Mountain Dwarf Chameleon Chamaeleo ellioti 2.00

Owens chameleon Chameleo oweni 2.00

Ruwenzori Mountain Chameleon Bradypodion carpenterii 2.00

Rwenzori Mt. chameleon Chamaeleo xenorhinus 2.00

Savana chameleon Chamaeleo quilensis 2.00

Senegal Chameleon Chamaeleo senegalensis 2.00

Side stripped chameleon Chameleo rudis 2.00

Guidelines for Access to Genetic Resources and Benefit Sharing 60

Common Name Scientific Name Fees (USD)

Smooth Chameleon Charnaeleo laevigatus 2.00

Strange-nosed Chameleon Bradypodion xenorhinus 2.00

Stump Tail Chameleon Rhampholeon spp. 2.00

Three horned chameleon Chameleo fuelleborn 2.00

Two Lined Chameleon Chameleo bitaeniatus 2.00

Snakes

African Garter Snake Elapsoidea spp. 1.00

Ball Python Python regius 10.00

Bark Snake Hemirhagerrhis Nototaenia 1.00

Black Mamba Dendroaspis polylepis 8.00

Blanding's Tree Snake Boiga blandingi 1.00

Boiga Tree Snake Boiga pulverulenta 1.00

Boomslang Dispholidus typhus 2.00

Burrowing Blind Snake Leptotyphlops spp. 1.00

Burrowing Snake Tuphlops; Bibronii 1.00

Burrowing viper Atractaspis, Bibronii 1.00

Bush Snake Philotharnnus, spp. 1.00

Cat Eyed Snake Dipsadoboa aulica 1.00

Common Bush Viper Antheris squamiger 1.00

Common Green Mamba Dendroaspis Angusticeps 2.00

Cream bellied cobra Naja olivaceus 10.00

Egg Eating Snakes Dasypeltis spp. 1.00

Egyptian Cobra Naja haje 10.00

File Snake Mehelya capensis 1.00

Forest Cobra Naja melanoleuca 10.00

Gabon Viper Bitis gabonica 2.00

Gold’s Tree Cobra Pseudohaje goldii 10.00

Great Lakes Bush Viper Antheris nitschei 1.00

House Snake Boaedon spp. 1.00

Jameson's Mamba Dendroaspis jaemesoni 2.00

Mole Snake Pseudaspis cana 1.00

Night adder Causus, spp. 1.00

Puff adder Bitis Arietans 1.00

Rhino Viper Bitis nasicornis 1.00

Rock Python Python sebae 15.00

Rough scaled bush viper Atheris hispidus 1.00

Sand boa Eryx spp 1.00

Sand Snake Psammophis spp. 1.00

Slug eater Duberria lutrix 1.00

Spitting Cobra Naja nigricollis 20.00

Striped Snake Bothrophtalamus species 1.00

Tiger Snake Telescopus serniannulatus 2.00

Tree Snake Thrasops spp. 1.00

Twig Snake Thelothornis capensis 1.00

Uganda Rhinoceros Viper Bitis nasicomis 1.00

Vine Snake Thelothornis kirtlandii 1.00

Water Snake Natriciteras spp. 1.00

Wolf Snake Lycophidion capensis 1.00

Guidelines for Access to Genetic Resources and Benefit Sharing 61

Common Name Scientific Name Fees (USD)

Lizards

Agama Agama spp. 0.80

Blue neon lizard Holaspis guentheri 0.80

Blue tailed skink Mabuya quinquentaeniata 0.80

Blue tree headed agama Stekkui atrucikus 0.80

Bosc's Monitor Varanus exantimaticus 1.00

Cape Gecko Lygodactylus spp. 0.50

Common house gecko Hemidactylus spp 0.50

Common Skink Mabuya spp. 0.80

Dwarf fat tail Ground Gecko Holodactylus africanus 0.50

Fat tail gecko Hemitheconyx tailory 0.50

Fire Skink Riopa femandi 0.50

Forest geckos Cnemaspis species 0.50

Garden Lizard Adolfus spp. 0.80

Ground gecko Holodactylus species 0.50

Long tailed lizard Latastia longicaudata 0.80

Long tailed skink Mabuya plainfrons 0.80

Majors plated lizards Gerrhosaurus major 0.80

Nile Crocodile Crocodylus niloticus 5.00

Nile Monitor Varanus niloticus 2.00

Plated Lizard Gerrhosaurus spp. 0.80

Sand lizard Nucras species 0.80

Stripped skink Mabuya striata 0.50

Thick Toed Gecko spp. Pachydactylus spp 0.50

Tropical house Gecko Memidactylus mabouia 0.50

Variable skink Mabuya varia 0.80

Wall gecko Pachydactylus species 0.50

White-throated Monitor Varanus albigularis 1.00

Yellow headed gecko Lygodactalus luteopicturatus 0.50

Yellow Throated Lizard Gerrosaurus flavigularus 0.80

AMPHIBIANS

Argus Reed frog Hyperolius argus 0.20

Banana Frog Afrixalus spp. 0.20

Clawed Frog Xenopus spp. 0.20

Foam Tree Frog Chiromantis xerampelia 0.20

Jumping and Bull Frog Rana spp. 0.20

Litter Frogs Schoutedenella species 0.20

Marbled reed frog Hyperolius marmoratus 0.20

Pig Nosed Frog Hemisus spp. 0.20

Puddle Frogs Phrynobatrachus species 0.20

Red legged Kasiina Kassina maculata 0.20

Reed Frog Hyperolius spp. 0.20

Running Frog kassina spp. 0.20

Stripe Legged Frog Phlyctimantis species 0.20

Toads Bufo spp. 0.20

Tree Frogs Leptopelis spp. 0.20

Viridiflavian reed frog Hyperolius vilidiflavus 0.20

Walking Frog Phrynomerus spp. 0.20

Guidelines for Access to Genetic Resources and Benefit Sharing 62

Common Name Scientific Name Fees (USD)

Webbed Kassina Cryptothylax gresfoffi 0.20

Source: Uganda Wildlife Authority, 2007

Guidelines for Access to Genetic Resources and Benefit Sharing 63

Уганда

UG021

Guidelines for Accessing Genetic Resources And Benefit Sharing in Uganda