Legislation Details
- Full Title: Federal Law on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization
- Law Type: Federal Law
- Law Number: (8) of 2021
- Issued Date: 29 Apr 2021
- Effective Date: 30 Apr 2021
- Official Gazette: No. 701
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 36
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates access to and utilization of genetic resources and their derivatives in the UAE. Its purpose is to protect, preserve, and ensure the sustainable use of the UAE's biodiversity, as well as to guarantee fair and equitable sharing of benefits arising from the use of genetic resources and associated traditional knowledge. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 2) The law is significant for businesses and individuals in the UAE as it establishes a framework for accessing and utilizing genetic resources, including requirements for permits, approvals, and benefit-sharing agreements. Violations can result in substantial fines and imprisonment, making compliance crucial for those working with genetic resources in the country. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Arts. 11-13)
What is the scope and purpose of this law?
The law aims to: (1) protect, preserve, reduce depletion, and ensure the sustainability of genetic resources in the UAE; (2) ensure fair and equitable sharing of benefits arising from the utilization of genetic resources and associated traditional knowledge; (3) document and classify the UAE's genetic resources and traditional knowledge; and (4) promote research that contributes to the preservation and sustainable use of biodiversity. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 2) The law applies to genetic resources and their derivatives, as well as associated traditional knowledge and innovations, that are accessed, utilized, imported, or exported in the UAE. It does not apply to human genetic resources, genetic resources for personal use, or genetic resources subject to specific international procedures. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 3)
What are the key definitions under this law?
The law provides the following key definitions:
- Genetic Resources: Any substances of plant, animal, or microbial origin, or other assets, which contain gene-bearing units and have actual or potential value. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 1)
- Derivatives: Naturally occurring chemical and biological compounds that originate from gene expression or metabolism of biological or genetic resources, even if they do not have functional genetic units. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 1)
- Conventional and Heritage Knowledge and Practices: The accumulation of knowledge and practices across generations in the UAE that have social and economic value for preserving and utilizing genetic resources. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 1)
- Access to Genetic Resources: Taking possession and collection of genetic resources or their derivatives, or their associated traditional knowledge and innovations, for the purpose of collecting, preserving, academic research, commercial utilization, or any other purpose. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 1)
- Benefit Sharing Agreement: An agreement signed by the Ministry, the Competent Authority, and the person wishing to access genetic resources, which determines the obligations of the parties, the conditions for access, and the benefits arising from the utilization of the genetic resources and associated traditional knowledge. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 1)
What are the main obligations and requirements?
The key obligations under this law include: 1. Any person must obtain a permit from the Competent Authority to access genetic resources and fairly and equitably share the benefits arising from their utilization. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 4(1)) 2. Any person must obtain approval from the Ministry to import or export genetic resources and fairly and equitably share the benefits arising from their utilization. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 4(2)) 3. Genetic resources or their derivatives and associated traditional knowledge can only be accessed, collected, and utilized based on a permit from the Competent Authority and in accordance with the law's Executive Regulations. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 7) 4. Genetic resources or their derivatives and associated traditional knowledge can only be exported from or imported into the UAE based on approval from the Ministry and in accordance with the law's Executive Regulations. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 8)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing and approval requirements: 1. Any person wishing to access genetic resources and fairly and equitably share the benefits must obtain a permit from the Competent Authority. The type and validity period of this permit are specified in the law's Executive Regulations. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 4(3)) 2. Any person wishing to import or export genetic resources and fairly and equitably share the benefits must obtain approval from the Ministry. The requirements for this approval are also specified in the Executive Regulations. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 4(3)) 3. The Competent Department is required to maintain an electronic record of all approvals issued by the Ministry and permits issued by the Competent Authority. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 5)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to individuals or businesses. The focus of the law is on regulating access to and utilization of genetic resources, as well as ensuring fair and equitable sharing of benefits arising from their use. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement and implementation of this law are: 1. The Ministry of Climate Change and Environment (the Ministry): The Ministry is responsible for issuing approvals for the import and export of genetic resources, as well as determining the fees for accessing genetic resources. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Arts. 4, 14) 2. The Competent Authority: The domestic entity in charge of managing genetic resources and their derivatives, and ensuring fair and equitable sharing of benefits. The Competent Authority is responsible for issuing permits for accessing genetic resources. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Arts. 1, 4) 3. The Competent Department: The Ministry's department responsible for supervising and implementing the provisions of this law and its Executive Regulations. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 1) 4. A Steering Committee: Composed of members from competent federal and local entities, responsible for documenting the UAE's traditional knowledge and practices. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 6)
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. Whoever breaches the provisions of Article 4(3), which requires obtaining a permit or approval, shall be punished with a fine of not less than AED 200,000 and not exceeding AED 1,000,000. The penalty is doubled in case of recidivism. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 11(2)) 2. Whoever breaches the provisions of Articles 7 or 8, which regulate the collection, utilization, import, and export of genetic resources, shall be punished with imprisonment of not less than 6 months and not exceeding 2 years, and/or a fine of not less than AED 1,000,000 and not exceeding AED 5,000,000. The penalty is doubled in case of recidivism. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 11(3)) 3. The court shall order the confiscation and disposal of any items involved in the violation, as deemed appropriate by the Ministry or Competent Authority. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 11(4))
What fees, charges, or financial provisions are specified?
The law states that the Cabinet shall issue a resolution determining the fees prescribed according to the provisions of this law, but does not specify any exact fee amounts. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 14)
What exemptions or exceptions apply?
The law does not apply to the following: 1. Human genetic resources 2. Genetic resources intended for personal use 3. Genetic resources whose possession and benefit sharing are subject to particular international procedures (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 3(2))
How are disputes resolved under this law?
The law provides for a grievance mechanism, where any resolutions issued by the Ministry in implementing the provisions of this law may be subject to grievance. The grievance must be filed within 30 days of the date of knowledge and will be decided upon by a committee formed for this purpose by the Minister within 15 days. The committee's decision on the grievance shall be final. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 12)
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits: 1. The Cabinet shall issue the Executive Regulations of this law within 12 months of its publication date. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 15) 2. Any grievance against resolutions issued by the Ministry must be filed within 30 days of the date of knowledge. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 12) 3. The committee formed to decide on grievances must do so within 15 days of the grievance being filed. (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Art. 12)
How does this law interact with other UAE legislation?
The law references and interacts with the following other UAE federal legislation: - Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers - Federal Law No. (5) of 1979 on Agricultural Quarantine - Federal Law No. (6) of 1979 on Veterinary Quarantine - Federal Law No. (3) of 1987 Promulgating the Penal Code - Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Law - Federal Law No. (37) of 1992 on Trademarks - Federal Law No. (38) of 1992 Concerning the Creation of Nurseries and the Production, Import and Circulation of Seedlings - Federal Law No. (39) of 1992 Concerning the Production, Import and Circulation of Fertilizers and Agricultural Conditioners - Federal Law No. (42) of 1992 Concerning the Production, Import and Circulation of Seeds and Planting Materials - Federal Law No. (23) of 1999 on the Exploitation, Protection and Developments of Living Aquatic Resources - Federal Law No. (24) of 1999 on the Protection and Development of the Environment - Federal Law No. (11) of 2002 on the Regulation and Control of International Trafficking in Endangered Animals and Plants - Federal Law No. (17) of 2002 Regulating the Protection of Industrial Property of Patents and Industrial Drawings and Models - Federal Law No. (16) of 2007 on Animal Welfare - Federal Law No. (17) of 2009 on the Protection of New Plant Varieties - Federal Law No. (9) of 2013 on the Plant Genetic Resources for Food and Agriculture - Federal Decree Law No. (26) of 2019 on Public Finance - Federal Law No. (10) of 2020 on Pesticides (Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization, Preamble)
When did this law come into effect?
This Federal Law No. (8) of 2021 on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization came into effect on 30 April 2021, the day following its publication in
Source Documents
This article analyses Federal Law on Access to Genetic Resources and their Derivatives and Fair and Equitable Sharing of Benefits Originating from their Utilization 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.