The Nagoya Protocol on Access and Benefit-sharing
The Nagoya Protocol is an international framework under the Convention on Biological Diversity that governs global access and benefit-sharing.
The Nagoya Protocol is an international framework under the Convention on Biological Diversity that governs global access and benefit-sharing.
The Nagoya Protocol is an international framework under the Convention on Biological Diversity that governs:
Key jurisdictions and their specific ABS requirements.
EU ABS Regulation 511/2014
EU Regulation 511/2014 enforces the Nagoya Protocol, mandating fair benefit-sharing for all genetic resource utilization. Enterprises must exercise strict due diligence to prove lawful access by securing Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT).
PIC/MAT
Benefit Sharing
Reporting
Due diligence declaration
via DECLARE portal
Unique Features
EU-aligned ABS rules post-Brexit
UK frameworks maintain EU-aligned ABS rules post-Brexit, requiring strict due diligence and detailed record-keeping for Nagoya-origin resources. Enterprises must secure Mutually Agreed Terms (MAT) to ensure lawful access, while registered collections can significantly simplify overall compliance.
PIC/MAT
Benefit Sharing
MAT-based
Reporting
Due diligence and record-keeping
Unique Features
Registered collections simplify compliance
ABS Guidelines under Ministry of Environment
Japan utilizes ABS Guidelines governed by the Ministry of Environment, requiring official compliance certification. Enterprises must engage in mandatory reporting to NITE and the ABS Clearing-House to obtain compliance certificates, ensuring all genetic resource utilization remains lawful.
PIC/MAT
Required, with compliance certification
Benefit Sharing
Not explicitly defined
Reporting
Mandatory reporting to NITE and ABS Clearing-House
Unique Features
Compliance certificates issued
Biological Diversity Act & ABS Rules
The Biological Diversity Act mandates approval through the National Biodiversity Authority. Enterprises must provide monetary or non-monetary contributions to biodiversity funds, lodging all formal agreements with the ABS Clearing-House to navigate the country’s strict regulatory enforcement.
PIC/MAT
Mandatory via National Biodiversity Authority
Benefit Sharing
Monetary and non-monetary contributions to biodiversity funds
Reporting
Agreements lodged with ABS Clearing-House
Unique Features
Strict enforcement and benefit fund allocation
Biodiversity Law 13.123/2015
Biodiversity Law 13.123/2015 strictly regulates access and commercial use of genetic heritage. Enterprises must utilize the National ABS system to structure flexible monetary or non-monetary benefit-sharing arrangements, ensuring operations align closely with core Nagoya Protocol principles.
PIC/MAT
Required for access and commercial use
Benefit Sharing
Flexible modalities (monetary/non-monetary)
Reporting
National ABS system
Unique Features
Aligns closely with Nagoya principles
Decentralized (federal/state laws)
Operating under a decentralized framework of federal and state laws, the US does not officially mandate benefit-sharing. However, enterprises are highly encouraged to practice voluntary due diligence, utilizing industry-driven compliance guidance to navigate complex domestic genetic sourcing.
PIC/MAT
Voluntary due diligence recommended
Benefit Sharing
Not mandated
Reporting
None
Unique Features
Industry-driven compliance guidance
EPBC Act and state-level ABS
The EPBC Act and state-level regulations require explicit permits for genetic access. While Australia has not ratified Nagoya, its framework remains closely aligned, encouraging enterprises to structure formal benefit-sharing agreements to ensure lawful and compliant resource utilization.
PIC/MAT
Required under permits
Benefit Sharing
Encouraged via agreements
Reporting
Permit-based
Unique Features
Nagoya-aligned despite non-ratification
National ABS regulations
National ABS regulations enforce strict government approvals and stringent export controls for genetic materials. Enterprises must structure fair and reasonable benefit-sharing plans, registering all compliance documentation through the ABS Clearing-House to legally access and transfer biological resources.
PIC/MAT
Benefit Sharing
Fair and reasonable plans
Reporting
ABS Clearing-House
Unique Features
Strict export controls
NEMBA Act & BABS Regulations
The NEMBA Act and BABS Regulations mandate strict compliance for bioprospecting and biotrade. Enterprises must structure formal material transfer and benefit-sharing agreements, while ensuring proper permit disclosures and patent declarations to maintain legally sound regional operations.
PIC/MAT
Mandatory for bioprospecting
Benefit Sharing
Material transfer and benefit-sharing agreements
Reporting
Permit and patent disclosure
Unique Features
Covers biotrade and bioprospecting
Developing ABS framework
Operating under an emerging framework, Canada places a strong emphasis on indigenous rights. Enterprises utilizing indigenous genetic resources must focus heavily on localized benefit-sharing agreements, navigating developing reporting requirements to ensure ethical and legally compliant resource access.
PIC/MAT
Required for indigenous resources
Benefit Sharing
Focus on indigenous rights
Reporting
Emerging
Unique Features
Strong emphasis on indigenous benefit-sharing
ABS law since 1998
A global leader in ABS implementation, Costa Rica has enforced comprehensive biodiversity laws since 1998. Enterprises must utilize established legal mechanisms for monetary and non-monetary benefit-sharing, fulfilling mandatory compliance through a centralized online reporting system for all uses.
PIC/MAT
Mandatory for all uses
Benefit Sharing
Legal mechanisms for monetary/non-monetary
Reporting
Online reporting system
Unique Features
Leader in ABS implementation
Emerging ABS regulations
Navigating emerging ABS regulations, enterprises must secure official permits to access genetic resources. Compliance operations must strictly align with broader CBD objectives, utilizing the ABS Clearing-House to validate lawful access as the government continues developing strict enforcement mechanisms.
PIC/MAT
Required with official permits
Benefit Sharing
Aligned with CBD objectives
Reporting
ABS Clearing-House
Unique Features
Developing enforcement mechanisms
European Union
United Kingdom
Japan
India
Brazil
United States
Australia
China
South Africa
Canada
Costa Rica
Indonesia
European Union
EU ABS Regulation 511/2014
EU Regulation 511/2014 enforces the Nagoya Protocol, mandating fair benefit-sharing for all genetic resource utilization. Enterprises must exercise strict due diligence to prove lawful access by securing Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT).
PIC/MAT
Benefit Sharing
Reporting
Due diligence declaration
via DECLARE portal
Unique Features
United Kingdom
EU-aligned ABS rules post-Brexit
UK frameworks maintain EU-aligned ABS rules post-Brexit, requiring strict due diligence and detailed record-keeping for Nagoya-origin resources. Enterprises must secure Mutually Agreed Terms (MAT) to ensure lawful access, while registered collections can significantly simplify overall compliance.
PIC/MAT
Benefit Sharing
MAT-based
Reporting
Due diligence and record-keeping
Unique Features
Registered collections simplify compliance
Japan
ABS Guidelines under Ministry of Environment
Japan utilizes ABS Guidelines governed by the Ministry of Environment, requiring official compliance certification. Enterprises must engage in mandatory reporting to NITE and the ABS Clearing-House to obtain compliance certificates, ensuring all genetic resource utilization remains lawful.
PIC/MAT
Required, with compliance certification
Benefit Sharing
Not explicitly defined
Reporting
Mandatory reporting to NITE and ABS Clearing-House
Unique Features
Compliance certificates issued
India
Biological Diversity Act & ABS Rules
The Biological Diversity Act mandates approval through the National Biodiversity Authority. Enterprises must provide monetary or non-monetary contributions to biodiversity funds, lodging all formal agreements with the ABS Clearing-House to navigate the country’s strict regulatory enforcement.
PIC/MAT
Mandatory via National Biodiversity Authority
Benefit Sharing
Monetary and non-monetary contributions to biodiversity funds
Reporting
Agreements lodged with ABS Clearing-House
Unique Features
Strict enforcement and benefit fund allocation
Brazil
Biodiversity Law 13.123/2015
Biodiversity Law 13.123/2015 strictly regulates access and commercial use of genetic heritage. Enterprises must utilize the National ABS system to structure flexible monetary or non-monetary benefit-sharing arrangements, ensuring operations align closely with core Nagoya Protocol principles.
PIC/MAT
Required for access and commercial use
Benefit Sharing
Flexible modalities (monetary/non-monetary)
Reporting
National ABS system
Unique Features
Aligns closely with Nagoya principles
United States
Decentralized (federal/state laws)
Operating under a decentralized framework of federal and state laws, the US does not officially mandate benefit-sharing. However, enterprises are highly encouraged to practice voluntary due diligence, utilizing industry-driven compliance guidance to navigate complex domestic genetic sourcing.
PIC/MAT
Voluntary due diligence recommended
Benefit Sharing
Not mandated
Reporting
None
Unique Features
Industry-driven compliance guidance
Australia
EPBC Act and state-level ABS
The EPBC Act and state-level regulations require explicit permits for genetic access. While Australia has not ratified Nagoya, its framework remains closely aligned, encouraging enterprises to structure formal benefit-sharing agreements to ensure lawful and compliant resource utilization.
PIC/MAT
Required under permits
Benefit Sharing
Encouraged via agreements
Reporting
Permit-based
Unique Features
Nagoya-aligned despite non-ratification
China
National ABS regulations
National ABS regulations enforce strict government approvals and stringent export controls for genetic materials. Enterprises must structure fair and reasonable benefit-sharing plans, registering all compliance documentation through the ABS Clearing-House to legally access and transfer biological resources.
PIC/MAT
Benefit Sharing
Fair and reasonable plans
Reporting
ABS Clearing-House
Unique Features
Strict export controls
South Africa
NEMBA Act & BABS Regulations
The NEMBA Act and BABS Regulations mandate strict compliance for bioprospecting and biotrade. Enterprises must structure formal material transfer and benefit-sharing agreements, while ensuring proper permit disclosures and patent declarations to maintain legally sound regional operations.
PIC/MAT
Mandatory for bioprospecting
Benefit Sharing
Material transfer and benefit-sharing agreements
Reporting
Permit and patent disclosure
Unique Features
Covers biotrade and bioprospecting
Canada
Developing ABS framework
Operating under an emerging framework, Canada places a strong emphasis on indigenous rights. Enterprises utilizing indigenous genetic resources must focus heavily on localized benefit-sharing agreements, navigating developing reporting requirements to ensure ethical and legally compliant resource access.
PIC/MAT
Required for indigenous resources
Benefit Sharing
Focus on indigenous rights
Reporting
Emerging
Unique Features
Strong emphasis on indigenous benefit-sharing
Costa Rica
ABS law since 1998
A global leader in ABS implementation, Costa Rica has enforced comprehensive biodiversity laws since 1998. Enterprises must utilize established legal mechanisms for monetary and non-monetary benefit-sharing, fulfilling mandatory compliance through a centralized online reporting system for all uses.
PIC/MAT
Mandatory for all uses
Benefit Sharing
Legal mechanisms for monetary/non-monetary
Reporting
Online reporting system
Unique Features
Leader in ABS implementation
Indonesia
Emerging ABS regulations
Navigating emerging ABS regulations, enterprises must secure official permits to access genetic resources. Compliance operations must strictly align with broader CBD objectives, utilizing the ABS Clearing-House to validate lawful access as the government continues developing strict enforcement mechanisms.
PIC/MAT
Required with official permits
Benefit Sharing
Aligned with CBD objectives
Reporting
ABS Clearing-House
Unique Features
Developing enforcement mechanisms
Uniting 190+ countries, the Kunming-Montreal Global Biodiversity Framework mandates a global shift to reverse nature loss by 2030. It requires enterprises to build transparent, nature-positive value chains driven by equitable benefit-sharing. NatureXchange makes this accountability actionable, seamlessly aligning your commercial sourcing with these critical conservation targets.
190+
countries
Reversing Nature loss by
2030
Build Nature-positive Value Chains aligned with the CBDs Kunming-Montreal Global Biodiversity Framework.
From access to shared value embed ABS across genetic resource and Digital Sequencing (DSI) value chains.
From risk to resilient growth disclose, manage, and reduce biodiversity impacts
From innovation to responsible biotech scale with biosafety and equitable benefit sharing
NATUREXCHANGE makes biodiversity accountability actionable enabling businesses to source responsibly, share benefits fairly, and build nature-positive value chains.
If you answer “Yes” to even one of these, ABS compliance may apply.
