Part six: administration of access

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PART SIX

ADMINSTRATION OF ACCESS

26. Powers of Ministry of Agriculture and Rural development

The implementation of the provisions of this proclamation that deal with genetic resources of wild animals shall be the responsibility of the Ministry of Agriculture and Rural Development.

27. Powers and Duties of the Institute

without prejudice to the powers and duties entrusted to it in other provisions of this Proclamation, the Institute shall have the powers and duties to:

1/ Follow-up and ensure that access is carried out in accordance with this Proclamation as well as regulations and directives issued hereunder;

2/ collect the benefits to be obtained from access agreements and pass over to beneficiaries;

3/ prepare model access agreements;

4/ sensitize contents of this Proclamation;

5/ collect, analyze and as necessary disseminate to users information on access to genetic resources and community knowledge.

6/ cause that legal actions be taken against offences committed in violations of this Proclamation;

7/ issue directives and perform such other activities necessary for the implementation of this Proclamation;

8/ delegate its powers and duties to other legally established bodies where deemed necessary and convenient to carry out its duties in a better way.

28. Responsibilities of Local Communities

Local communities shall have the responsibility to:

1/ prohibit any person, who does not belong to their communities, from collecting or taking genetic resources from their localities without having the necessary permit; and

2/ require any person, who does not belong to their communities and who is collecting or taking genetic resource from their localities, to show his access permit, and if he is without permit immediately notify or present him to the nearest kebele or wereda administration.

29. Responsibility of Regional Bodies

Kebele administration and regional bodies at all levels responsible for the

conservation of genetic resources shall:

1/ regulate that genetic resources is not accessed from their respective jurisdiction without permit by any person who does not belong to the communities thereof; and

2/ require access permit from any person, who does not belong to the communities thereof and who is collecting or taking genetic resources from their respective jurisdiction and if he is without permit, seize the genetic resource and present him to the law and notify the Institute the detailed particulars of the genetic resource and the person found in possession of same.

30. Responsibility of Customs Officers

In accordance with directives to be give n to them by the institute, customs officers shall have the responsibilities to:

1/ inspect that any genetic resources being taken out of the country has been accompanied with an export permit given by the Institute;

2/ require any person leaving the country who is transporting or is in possession of genetic resource to produce the necessary permit to this effect from the Institute.

3/ seize genetic resource being transported out of the country and the person transporting same without permit from the Institute and immediately report same to the nearby relevant body and the Institute;

4/ Ensure that a statement is written on the package of a biological resource product to be exported indicating that the use of the genetic material contained in the product is prohibited and doing so would constitute a penal offence.

31. Responsibilities of Mail Service Institutions

Postal and other courier service institutions shall, before receiving and

transporting genetic resources out of the country as mail, require their

clients to produce permit from the Institute to export the genetic resources

out of the country.

32. Responsibilities of Quarantine Control Institutions

Quarantine control Institution shall, ensure that the quarantine certificate they issue to biological resource products, contain a statement indicating that the certificate does not constitute a permit to use the product as genetic resource and that doing so is prohibited and would constitute an offence

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