قانون البيئة / ESG في الإماراتقانون اتحادي في شأن الحصول على الموارد الوراثية ومشتقاتها والتقاسم العادل والمنصف للمنافع الناشئة عن استخدامها

Article (1) Definitions For applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless otherwise required by the context: The State : The United Arab Emirates. The Ministry : The Ministry Climate Change and Environment. The Minister : The Minister Climate Change and Environment. The Competent Department : The Ministry's Department responsible for supervising and following up on implementing the provisions of this Law and its Executive Regulations and the resolutions issued in implementation hereof. The Competent Authority : The domestic entity in charge of the management affairs of genetic resources and their derivatives and fair and equitable sharing of benefits originating from their utilization. Conventional and Heritage : The accumulation of knowledge and practices across the succeeding generations in the State and which are of a necessary social and economic

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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 3 Knowledge and Practices value for preserving and utilizing the genetic resources. Genetic Resources : Any substances of a plant or animal origin, microorganisms or other assets, which contain genes-bearing units and are of an actual or potential value. 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. Innovations : Getting access to groundbreaking or unprecedented knowledge or technologies or developing current knowledge or technologies by way of accumulation, compilation or use of the properties, value, upbringing or inference of any genetic substances. Access to Genetic Resources : Taking possession and collection of genetic resources or their derivatives or their associated conventional and heritage knowledge and practices and innovations for the purpose of collecting and preserving the genetic resource, conducting academic research, commercial utilization or exploitation or for any other purpose. Benefit Sharing Agreement : An agreement signed by the Ministry, the Competent Authority and the Person wishing to get access to genetic resources, whereby the obligations of the parties, the conditions regulating access to the genetic resources, the benefits originating from the utilization of genetic resources or their derivatives and associated conventional and heritage knowledge and practices and innovations are all determined. The Person : The natural or legal person. Utilization of Genetic Resources and their Derivatives : The utilization and circulation of genetic resources or their derivatives and associated conventional and heritage knowledge and practices and innovations.

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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 4 Import : Bringing into the State any genetic resources or their derivatives or associated conventional and heritage knowledge and practices and innovations. Export : Taking out of the any genetic resources or their derivatives or associated conventional and heritage knowledge and practices and innovations.

Article (2) Objectives of the Law This Law shall aim to: 1. Protect, preserve, reduce depletion, ensure sustainability of, and regulate access to and circulation of the genetic resources, in order to contribute to the maintenance and sustainability of biodiversity in the State. 2. Ensure fair and equitable shares of the benefits originating from the utilization of genetic resources or their derivatives and associated conventional and heritage knowledge and practices and innovations. 3. List, compile, classify and document the genetic resources and their derivatives or associated conventional and heritage knowledge and practices and innovations. 4. Enhance and promote research that contributes to preservation and sustainable use of the biodiversity.

Article (3) Scope of Application 1. The provisions of this Law shall apply to the following: A. The genetic resources and their derivatives and associated conventional and heritage knowledge and practices and innovations, which are accessed or utilized in the State, imported from abroad or exported abroad. B. The genetic resources and their derivatives within or outside their natural habitats.

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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 5 2. The provisions of this Law shall not apply to the following: A. Human genetic resources; B. Genetic resources intended for personal use; and C. Genetic resources whose possession and benefit sharing are subject to particular international procedures.

Article (11) Penalties 1. The application of penalties set forth in this Law shall not prejudice any more severe penalty provided for in any other law. 2. Whoever breaches the provisions of paragraph (3) of Article (4) of this law shall be punished with a fine of not less than AED (200,000) two hundred thousand dirhams and not exceeding AED (1,000,000) one million dirhams. Such a penalty shall be doubled in case of recidivism. 3. Whoever breaches the provisions of Article (7) or (8) of this law shall be punished with prison sentence of not less than (6) six months and not exceeding (2) two years and / or a fine of not less than AED (1,000,000) one million dirhams and not exceeding AED (5,000,000) five million dirhams. Such a penalty shall be doubled in case of recidivism. 4. The Court shall order that the items involved in the Case be confiscated and delivered to the Ministry or the Competent Authority to be disposed of as deemed appropriate.

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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 8