Law on Handling Plant Genetic Resources for Food and Agriculture

Article 1: Definitions

Article 2: Objectives of the Law

Article 3: National Committee

  • 1. A national committee for handling plant genetic resources shall be formed, as follows:

    • A representative of the Ministry, Chairman.

    • A representative of the Ministry of Education, member.

    • A representative of the Saudi Wildlife Authority, member.

    • A representative of King Abdulaziz City for Science and Technology, member.

    • A representative of the Saudi Food and Drug Authority, member.

    • A representative of the General Authority of Meteorology and Environmental Protection, member.

    • A representative of the private sector to be selected by the Chairman of the Council of Chambers of Commerce, member.

    • A representative of the farmers to be selected by the Minister, member.

    • Secretary General, member.

    • A legal advisor to be selected by the Minister, member.

  • 2. The relevant minister or the head of the agency shall, in accordance with controls specified in the Regulations, nominate the representative of his agency in the National Committee for a term of three years, renewable once.

  • 3. The members of the National Committee shall elect a vice-chairman from among themselves.

  • 4. The Minister shall appoint the secretary of the National Committee.

Article 4: Meetings of the National Committee

  • The National Committee shall convene upon a call by its Chairman periodically, and as needed or if a written request is submitted by one-third of the members. Committee meetings shall not be deemed valid unless attended by at least two-thirds of the members. Decisions shall be passed by the majority vote of attending members; in case of a tie, the chairman of the meeting shall have the casting vote.

  • The Regulations shall specify the work rules and procedures of the Committee and its meetings as well as the remuneration of its members, in accordance with applicable laws, decisions, and instructions.

Article 5: Functions of the National Committee

  • The National Committee shall set the controls governing plant genetic resources and oversee their implementation, and shall serve as the authority in charge of supervising plant genetic resources. It shall, in particular, have the following functions:

    • 1. Conduct studies and develop programs to achieve the objectives of this Law.

    • 2. Create a database to store information on plant genetic resources.

    • 3. Coordinate with relevant local, regional, and international bodies, in accordance with applicable legal procedures.

    • 4. Issue a list of the plant genetic resources prohibited from collection or entry or exit through ports or permanently or temporarily prohibited from circulation, and amend such list, in cooperation with the relevant agencies.

    • 5. Raise awareness among farmers of the importance of plant genetic resources.

    • 6. Propose amendments to this Law and the Regulations.

    • 7. Propose the annual budget of the National Committee.

    • 8. Approve the periodic reports prepared by the General Secretariat on plant genetic resources.

Article 6: Resources of the National Committee

Previous Amendments
  • 1. The resources of the National Committee shall consist of the following:

    • a) Allocations in the Ministry’s budget.

    • b) Fees charged for issuing permits for the entry and exit of plant genetic resources through ports.

    • c) Fines imposed on violators of the provisions of this Law.

    • d) Fees charged for issuing permits for the collection of plant genetic resources from in-situ habitats.

    • e) Any other resource approved by the National Committee.

  • 2. All revenues shall be deposited in the current account of the Ministry of Finance with the Saudi Arabian Monetary Authority. The National Committee shall disburse from such account in accordance with its proposed budget

Article 7: General Secretariat

  • A general secretariat shall be established for the National Committee and shall report to the Chairman of the Committee; its headquarters shall be in the city of Riyadh. The Minister shall appoint a secretary who is specialized and experienced in the field of plant genetic resources. The General Secretariat shall carry out the following duties:

    • 1. Receive requests from stakeholders to engage in activities related to plant genetic resources.

    • 2. Make available plant genetic resources from ex-situ habitats.

    • 3. Issue permits for collection from in-situ habitats.

    • 4. Approve access to plant genetic resources inside and outside the multilateral system.

    • 5. Conclude material transfer agreements with stakeholders.

    • 6. Conclude standard material transfer agreements with stakeholders.

    • 7. Implement the studies and programs approved by the National Committee.

    • 8. Prepare periodic reports on plant genetic resources.

    • 9. Explore, monitor, and conserve plant genetic resources.

    • 10. Issue permits for the entry and exit of plant genetic resources through ports.

    • 11. Any other duty assigned thereto by the National Committee.

    • The Regulations shall specify the work rules of the General Secretariat and the procedures for performing its duties.

Article 8: Methods of Accessing Plant Genetic Resources

  • Access to plant genetic resources shall be as follows:

    • 1. Through the multilateral system:

      • a) Access to plant genetic resources covered by the multilateral system, whether collected from in-situ or ex-situ habitats, shall be subject to the terms and conditions of the International Treaty.

      • b) Stakeholders may not access plant genetic resources inside the Kingdom without concluding a standard material transfer agreement with the General Secretariat.

    • 2. Outside the multilateral system:

      • a) Access to plant genetic resources outside the multilateral system shall be subject to the approval of the General Secretariat based on the controls set by the National Committee and according to the nature of each genetic resource.

      • b) Stakeholders may not access plant genetic resources outside the multilateral system, whether collected from in-situ or ex-situ habitats, without concluding a material transfer agreement with the General Secretariat.

  • The Regulations shall specify the mechanism for accessing genetic resources.

Article 9: Entry or Exit of Plant Genetic Resources through the Kingdom’s Ports

  • A permit must be obtained from the General Secretariat prior to the entry or exit of plant genetic resources through ports. Any person who enters or exits the Kingdom carrying plant genetic resources without a permit from the General Secretariat must disclose such resources to the customs officer; in such case, the customs officer shall seize such resources until a permit is obtained.

  • The Regulations shall specify the requirements and procedures for obtaining a permit for the entry or exit of plant genetic resources.

Article 10: Violation Review Committee

  • A committee composed of at least three members, including a legal advisor and a specialist in the field of plant genetic resources, shall be formed by a decision of the Minister to review violations of the provisions of this Law and impose the penalties provided for in Article 12 of this Law. Committee decisions shall be passed by at least the majority vote of its members and must be reasoned. Any person against whom a penalty decision is issued may appeal such decision before the Board of Grievances within 60 days from the date of notification thereof. The Regulations shall specify the committee’s work rules and procedures.

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