Legislation Tracker

Which countries are taking measures that encourage companies to contribute to the Cali Fund?

The international agreement establishing the Cali Fund invites countries to "take administrative, policy or legislative measures" that incentivise contributions to the Cali Fund.

0

countries with legislation encouraging Cali Fund contributions

0

countries where such legislation is under discussion

Brazil

  • Friends of the Cali Fund Member: no
  • CBD Party
  • Nagoya Party
  • BBNJ Agreement Party
  1. No Legislation or administrative measure proposed yet (reached)
  2. Legislation or administrative measure proposed
  3. Legislation introduced
  4. Legislation passed into law
  5. Legislation or administrative measure in effect

Overview

No Cali Fund-specific legislation or statute has been proposed or adopted.

Brazil implements DSI and benefit-sharing domestically through its existing Biodiversity Law and the Genetic Heritage Management Council (CGen). In advance of COP17, Brazil is considering how these existing mechanisms could be adapted to support implementation of the Cali Fund.

Proposed legislation / administrative measure

No Cali Fund-specific legislation or decree has been adopted to date.

However, Brazil’s existing Biodiversity Law and Decree regulate the use of information of genetic origin and provide for benefit-sharing through the National Benefit-Sharing Fund (FNRB), with the Genetic Heritage Management Council (CGen) serving as the relevant administrative forum. Brazil is considering how this existing ABS framework could be adapted to implement the Cali Fund, including through further discussions within CGen, possible stakeholder consultations and integration of the SisGen system with the Cali Fund framework. The FNRB has also been identified as a potential vehicle for receiving and distributing Cali Fund resources.

ABS legislation

Law No. 13.123/2015 (the Biodiversity Law) and Decree No. 8.772/2016, replacing Provisional Measure 2.186-16 of 2001. Operated through the SisGen electronic registration system.

Brazil runs a registration-based system rather than prior access permits: users register access to genetic heritage, which includes information of genetic origin, in the SisGen electronic system before shipment, intellectual property applications or commercialisation, and notify finished products. Benefit-sharing for commercial exploitation is generally 1% of net annual revenue from the finished product, reducible to 0.1% through sectoral agreements, paid to the National Benefit-Sharing Fund (FNRB) or delivered as non-monetary benefits, under the oversight of the Genetic Heritage Management Council (CGen).