Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from
- Law Type: Federal Law
- Law Number: 15 of 2023
- Issued Date: 13 Mar 2023
- Effective Date: 31 Mar 2023
- Official Gazette: No. 748
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 16
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Law No. (8) of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation. The law regulates the access, import, and export of genetic resources and their derivatives in the UAE, as well as the fair and equitable sharing of benefits arising from their use. The Resolution sets out the types of permits and approvals required, the procedures and controls for obtaining genetic resources, and the grounds for cancellation of approvals and agreements. It is an important piece of legislation for businesses, researchers, and government entities working with genetic resources in the UAE. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023)
What is the scope and purpose of this law?
The Cabinet Resolution establishes the executive regulations for Federal Law No. (8) of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation. The law applies to the access, import, and export of genetic resources and their derivatives in the UAE, as well as the fair and equitable sharing of benefits arising from their use. The purpose is to regulate these activities and ensure the sustainable use of the UAE's genetic resources. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 1)
What are the key definitions under this law?
The Cabinet Resolution defines the following key terms:
- Law: Federal Law No. (8) of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation.
(Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes the following key obligations: 1. Genetic resources must be accessed in a way that does not harm the survival of species in their natural habitat. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(5)(a)) 2. Genetic resources and associated traditional knowledge and practices must be registered in the Ministry's electronic registry. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(5)(b)) 3. Genetic resources may not be used outside the scope of scientific research ethics. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(5)(c)) 4. Access to genetic resources must not harm human health or pose biological threats to public health. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(5)(d))
What licensing, registration, or approval requirements exist?
The Cabinet Resolution specifies the following licensing and approval requirements: 1. The Competent Authority shall issue permits to obtain genetic resources for various purposes, including scientific research, patents, commercial use, industrial use, multiplication, and government work. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(1)) 2. The Ministry shall issue approvals to import and export genetic resources for the same purposes as the permits. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(3)) 3. A Benefit-Sharing Agreement must be concluded to obtain a permit to collect and use genetic resources. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 3(1)(b))
What rights and protections does this law provide?
The legislation does not specify any explicit rights or protections provided under this Cabinet Resolution. The focus is on the obligations and requirements for accessing, importing, and exporting genetic resources in the UAE.
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution establishes the following authorities and their roles: 1. The Competent Authority is responsible for issuing permits to obtain genetic resources. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(1)) 2. The Ministry is responsible for issuing approvals to import and export genetic resources. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(3)) 3. The Minister, in coordination with the Competent Authority, shall issue the necessary resolutions to apply the provisions of this Cabinet Resolution. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 6)
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance. The legislation focuses on the procedures and controls for accessing, importing, and exporting genetic resources, as well as the grounds for cancellation of approvals and agreements.
What fees, charges, or financial provisions are specified?
The Cabinet Resolution does not mention any fees, charges, or other financial provisions related to the access, import, or export of genetic resources.
What exemptions or exceptions apply?
The legislation does not provide any exemptions or exceptions to the requirements and controls established in the Cabinet Resolution.
How are disputes resolved under this law?
The Cabinet Resolution does not specify any dispute resolution mechanisms or procedures.
What are the key deadlines and time limits?
The Cabinet Resolution establishes the following key deadlines and time limits: 1. The validity period of the permit issued by the Competent Authority to obtain genetic resources is 9 months. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(2)) 2. The validity period of the Ministry's approval to import and export genetic resources is 6 months from the date of issuance, and it can only be used once. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 2(4))
How does this law interact with other UAE legislation?
The Cabinet Resolution is issued in relation to Federal Law No. (8) of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation. It establishes the executive regulations for that federal law. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023)
When did this law come into effect?
The Cabinet Resolution was issued on 13 March 2023 and came into effect on 31 March 2023, the day following its publication in the Official Gazette. (Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from, 2023, Art. 8)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulations of Federal Law on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.