RESEARCH AND ABS IT PERMIT APPLICATION SYSTEM

APPLICATION FOR AN NCRST RESEARCH CERTIFICATE OR PERMIT

NATIONAL COMMISSION ON RESEARCH, SCIENCE AND TECHNOLOGY (NCRST)

The Research and ABS IT permit application system was developed by the Namibian government to expedite research authorization, certificate and permit application process for researchers at the same time improving the efficiency and transparency of the entire research permit application process.

The Research and ABS IT permit application system has three types of application

1. Certificate

A research certificate will be issued to all Namibian Based Research Institute (public or private) whose mandate is to do research or as part of their daily duties.

A research institute based in Namibia which has been issued with a research certificate MUST apply for a written authorization for each specific research projects to be undertake and for collection of research samples.

2. Permit/ Authorization

A research permit is issued to the following;

  1. Non- Namibian based research institute/researcher intending to do research in Namibia;
  2. All Namibian based researcher studying abroad and intend to do research in the country;
  3. Non- Namibian based researcher collaborating with Namibian based research institute/researcher, where the non-Namibia based researcher owns at least 51% of the research.

A research authorization is issued to;

  1. All Namibian based research person not affiliated to any research institute intending to do research in the country.
  2. A research institute based in Namibia which has been issued with a research certificate MUST apply for a written authorization for each specific research projects to be undertake and for collection of research samples.
  3. Non- Namibian based researcher collaborating with Namibian based research institute/researcher, where the certificate holder owns at least 51% of the research.

Target Group

Below is the list of people and entities who should register with the system;

  1. All Namibian Based Research Institutes (public or private) who carry out research or as part of their duties;
  2. All Namibian Based Research Person not affiliated to any research institute intending to do research in Namibia;
  3. Non- Namibian Based Research Institute/Person intending to do research in Namibia;
  4. All Namibian based person studying abroad and intend to do research in Namibia;
  5. Non- Namibian based person collaborating with Namibian based research institute/researcher;
  6. In all cases where the research involves acquiring information/data from the Country or Public and Government organizations.
  7. All researchers, persons and institutions who wish to do bioprospecting in Namibia
  8. All researchers, persons and institutions who wish to change the intent of their research from Non-commercial to Commercial.

List of documents to be uploaded for research certificate application

According to the Research, Science and Technology regulation of 2011, all namibian-based research institution/researcher MUST attach the following documents to support their application.

  1. If the applicant is a natural person, a certified copy of the applicant’s identity document or passport and, in the case of a non-Namibian citizen, a certified copy of the applicant’s permanent residence permit, employment permit, student’s permit or other authorisation and proof of residence in Namibia.
  2. If the applicant is a body corporate, a certified copy of its registration documents/constitutive documents. In the event of an unincorporated body, proof of existence of such body.
  3. If the applicant is a body corporate or an unincorporated body, a certified copy of manager’s/ managing director’s/CEO’s/principal’s, as the case may be, identity document or passport and, in the case of a non-Namibian citizen, a certified copy of such person’s permanent residence permit, employment permit or other authorisation and proof of residence in Namibia.
  4. If the applicant is an unincorporated body, a certified copy of the identity document or passport of the person contemplated in who will sign the application on behalf of the applicant and, in the case of such person being a non-Namibian citizen, a certified copy of the person’s permanent residence permit, employment permit, student’s permit or other authorisation and proof of residence in Namibia.
  5. Proof of residence in Namibia.
  6. If a different person from the person in charge of the body of the organization, a certified copy of project leader’s/person in charge of the research, identity document or passport and, in the case of a non-Namibian citizen, a certified copy of such person’s permanent residence permit, employment permit, student’s permit or other authorisation and proof of residence in Namibia.
  7. An organogram clearly indicating the position of each person involved in the research as it relates to the research.
  8. Certified copies of the identification document and passport and, in the event of non- Namibians, permanent residence certificate, employment permit, student’s permit or other authorisation (as the case may be) of each person listed in the organogram.
  9. Full and detailed CV of each person involved in the research
  10. Detailed research proposal/project description.
  11. If there is a sponsoring/funding agency, an official letter from such sponsoring/funding agency must be attached setting out amount of financial assistance and terms and conditions of funding, proof of funding and such other details as the Commission may require. If self- funded, the amount of financial assistance must be provided and terms and conditions of funding, proof of funding and such other details as the Commission may require.
  12. Wherever locations are indicated the latter must be indicated on a map to be attached not smaller than 1:250 000 together with GPS coordinates (unless location can be easily identified by means of description/physical address).
  13. Any additional information required by the Commission

Fees

Regulation Nature of Fee Fee
3(2) Replacement fees:
Research certificate
Research permit
Any other document
N$ 100
N$ 100
Up to N$ 50 per page
16(2)(d) Application fee for Namibian-based research institute to be registered N$ 1 000
16(5) Registration fee for Namibian-based research institute N$ 1 500
22(1) Application fee for non Namibian-based research institute for a research permit N$ 2 000
22(5)(a) Issue fee for research permit N$ 5 000

Special conditions imposed by NCRST on a research certificate

  1. i. In the event of body unincorporated, the person responsible for the research activities conducted under the certificate is the person indicated on certificate.
  2. Information of any new persons becoming involved in the research under the certificate not notified to the Commission in the application form must be provided to the Commission prior to such persons becoming so involved.
  3. New research not provided to the Commission on the application to the Commission must be provided to the Commission before such research is undertaken.
  4. iv. If the certificate authorises sample taking, the separate permission of the Commission must be obtained prior to the removal of such samples from Namibia.

Special conditions imposed by NCRST on a research permit  

  1. In the event of a body unincorporated, the person responsible for the research activities conducted under the permit is the person indicated on permit.
  2. Information of any new persons becoming involved in the research under the permit not notified to the Commission in the application form must be provided to the Commission prior to such persons becoming so involved.
  3. New research not provided to the Commission on the application to the Commission must be provided to the Commission before such research is undertaken.
  4. If the permit authorises sample taking, the separate permission of the Commission must be obtained prior to the removal of such samples from Namibia.
  5. Reports to be submitted to Commission upon finalisation of research.

Renewal of research certificate  

A research certificate is issued for such period as may be determined by the Commission.

A research certificate is valid for the period specified in the certificate but may be renewed by the Commission upon written application submitted, to the Commission at least 60 days prior to its expiration, for such further periods, including an indefinite period, at the discretion of the Commission.

When applying for the renewal of a research certificate, the applicant must provide reasons for such renewal and submit together with the renewal application, the format of which the Commission may determine, the following documents -

a) progress report;
b) schedule of work for the period of which the renewal is sought; and
c) any other information considered necessary by the Commission.

Changes to research conducted under a research certificate

If a Namibian-based research institute or a Namibian-based researcher desires to make changes to a research project after being issued with a research certificate, the proposed changes must be submitted to the Commission together with such information as the Commission may require.

The Commission must review a submission received under subregulation (1) and may, within the discretion of the Commission in terms of section 21 of the Act, approve or refuse such changes and where changes are approved, the relevant research certificate may be amended. The Namibian-based research institute or Namibian-based researcher may not implement changes until the Commission has approved such changes and, where necessary, amended the research certificate.

Renewal of research permits

A research permit is issued for a period as the Commission may consider necessary and may be issued indefinitely.

A research permit is valid for a specified period but it may be renewed by the Commission upon written application submitted, at least 60 days before its expiration, or any other period as the Commission considers necessary.

When applying for the renewal of a research permiIf the application does not meet the conditions required under the regulation, the Commission shall reject the application and communicate the reasons to the applicant. Any person aggrieved by the decision of the Commission under these Regulations, may appeal to the minister within fourteen days of being notified.t, the applicant must provide reasons for such renewal and submit together with the renewal application, the format of which the Commission may determine the following documents:

a) progress report;
b) schedule of work for the period of which the renewal is sought;
c) any other information the Commission considers necessary.

Changes to research conducted under a research permit

Where a non Namibian-based research institute or non Namibian-based researcher desires to make changes to a research project after being issued with a research permit, the proposed changes must be submitted to the Commission together with information as the Commission may require.

The Commission must review a submission received under subregulation (1) and may, within the discretion of the Commission, approve or refuse such changes, subject to where changes are approved, the relevant research permit must be amended.

The non Namibian-based research institute or non Namibian-based researcher may not implement changes until the Commission has approved such changes and where necessary amend the research permit.

Conduct of Research

All researchers and institutions granted research certificates and permits must abide by the conditions of the certificate and permit pursuant to Research, Science and Technology regulation of 2011

Monitoring and Evaluation

The Commission may conduct or cause to be conducted an evaluation of research carried out under the regulation for the purpose of assessing and evaluating compliance with the conditions of the permit or license.

Rejection and Appeal

If the application does not meet the conditions required under the regulation, the Commission shall reject the application and communicate the reasons to the applicant. Any person aggrieved by the decision of the Commission under these Regulations, may appeal to the minister within fourteen days of being notified.

Assistance

For assistance, kindly contact the office through this email:absnamibia@meft.gov.na
absnamibia@gmail.com

MINISTRY OF ENVIRONMENT FORESTRY AND TOURISM (MEFT)

The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act No. 2 of 2017 and Subsequent Regulations, was developed to regulate access to biological or genetic resources and associated traditional knowledge, and innovation, practices and technologies associated with biological and genetic resources and traditional knowledge; to protect the rights of the local communities over biological and genetic resources and associated traditional knowledge; to provide for a fair and equitable mechanism for benefit sharing; to establish the necessary administrative structures and processes for the implementation and enforcement of such principles; and to provide for incidental matters.

Documents needed for an ABS permit application

Notification of Prior Informed Consent

Any person or institution intending to approach right holders for obtaining prior informed consent must first notify the Office and take the necessary guidance from the Office.

Click here. to access, fill and submit the Notification of Prior Informed Consent.

Prior Informed Consent

Access to biological or genetic resources and associated traditional knowledge is subject to written prior informed consent of the concerned right holders of such biological or genetic resources and associated traditional knowledge.

In order to obtain prior informed consent, the user is required to provide a full explanation as prescribed of how the biological and genetic resources and associated traditional knowledge is to be acquired and used.

To obtain prior informed consent from right holders, a person or institution must;

  1. Comply with community protocols or customary practices, where such protocols or practices exist; and
  2. Comply with the advice given by ABS Office.

A prior informed consent granted under these regulations does not entitle the applicant to access biological or genetic resources and associated traditional knowledge but only enables the applicant to proceed with the application for an access permit.

To access and fill in the Prior Informed Consent click here.

The Prior Informed Consent signed by both parties MUST be uploaded with other supporting documents in your application as advised by the ABS Office.

Access and Benefit Sharing agreements

If prior informed consent is granted in accordance, the right holders and the person intending to access biological or genetic resources and associated traditional knowledge must enter into an access and benefit sharing agreement.

Must be negotiated and entered into between the applicant and the right holders or their duly authorised representatives, and may be negotiated under the guidance of the Office and recorded in writing on the Access and Benefit Sharing forms;

In addition to the type of benefits, an access and benefit sharing agreement may vary on a case by case basis, and may include -

  1. Socio-economic development of the local community or right holders;
  2. Collaboration and sharing of information with academia and research institutions;
  3. Participation of right holders, academia and research in the project of access to biological or genetic resources and associated traditional knowledge; or and
  4. Joint ownership of relevant forms of intellectual property rights.

During compliance monitoring the Office will ascertain if all benefits contained in an access and benefit sharing agreement have accrued or been paid to the right holders.

To access and fill in the Access and Benefit Sharing agreement click here..

The Access and Benefit Sharing Agreement signed by both parties MUST be uploaded with other supporting documents in your application.

Access Permit

A person who intends to apply for an access permit must;

  1. Seek guidance from the ABS Office or branch office on the application for an access permit;
  2. Make an online application for an access permit
  3. Submit to the Office the Access permit application together with;
    1. A copy of the Prior Informed Consent issued by the Ministry
    2. A copy of the Access and Benefit Sharing agreement entered
    3. proof of payment of the access permit application fee

The Office must within 90 working days of receipt of an application for an access permit, determine the application and communicate its decision in writing to the applicant.

If the Office grants an application for an access permit, the Office;

  1. Must issue the access permit and
  2. May impose conditions on the access permit as it considers necessary.

A person to whom an access permit has been granted must pay the access permit fee

Period of validity of access permit

An access permit issued

  1. Is valid for the period specified in that access permit; and
  2. Is only applicable to the biological and genetic resources and associated traditional knowledge specified in that access permit.

The Minister may, on request by a user, extend the period of an access permit if the Minister considers it appropriate to do so but the extension may not be for more than six months.

An extension of an access permit is subject to payment of an access permit extension fee

Renewal of access permit

A user who intends to apply for the renewal of an access permit must;

  1. Make an online application for the renewal of the access permit; and
  2. Submit to the Office the application together with;
    1. A copy of prior informed consent granted
    2. A copy of an access and benefit sharing agreement
    3. Proof of payment of the access permit renewal fee

The applicant and right holders may renegotiate the terms and conditions of the access and benefit sharing agreement and submit it to the Office.

Revocation or cancellation of access permit

The Minister, after consulting the Office, may revoke or cancel an access permit if;

  1. The user fails to comply with;
    1. The conditions imposed on the access permit;
    2. Terms and conditions of the access and benefit sharing agreement; or

There is need to protect the public interest, sustainable utilisation and the conservation of the biological diversity and the environment.

Prior Informed Consent and Access permit Regulations apply with the necessary changes to a person who intends to undertake any bioprospecting activities.

Material Transfer Agreements

A person who intends to transfer biological or genetic resources or associated traditional knowledge must;

  1. Enter into a material transfer agreement with the Office

A person who is not a right holder may only transfer biological or genetic resources or their associated traditional knowledge if the person;

  1. Is in possession of prior informed consent;
  2. Is in possession of an access and benefit sharing agreement;
  3. Is in possession of an access permit;
  4. Has paid to the Office the biological or genetic resources or associated traditional knowledge transfer fee;
  5. Has entered into a material transfer agreement with the Office; and
  6. Has a compliance certificate issued by the competent national authority with information and relevant documents on;

A person may only transfer biological or genetic resources or associated traditional knowledge to a subsequent user if the subsequent user accepts to be bound by the terms and conditions of the material transfer agreement and the access and benefit sharing agreement entered into by that person and the right holders.

Where access to biological and genetic resources is likely to have a significant impact on the environment, an assessment of that environment must be carried out in accordance with the Environmental Management Act, 2007 (Act No. 7 of 2007), before the conclusion of a materials transfer agreement.

A person who contravenes or fails to comply with the conditions set out in the Material Transfer Agreement and Benefit Sharing Agreement or commits an offence and is liable to a fine not exceeding N$30 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

Fees payable

All fees are payable to the accounts department in MEFT.

A person who is required to pay a fee or other monies payable under these regulations must effect payment by affixing a revenue;

  1. Stamp to the document concerned; or
  2. The description of the biological and genetic resources and associated traditional knowledge;
  3. Franking machine impression on the document concerned.

The fees payable fall under (Section 23(m)) of (Regulation 5(5), 6(1)(d)(iii), 6(7), 8(3), 9(1)(b)(iii) or 14(2)(d))

Below is a table displaying the fees payable for the different categories applicable

# Nature of Fee Fee
1 Consultation costs Negotiable between parties
2 Access permit application fee N$ 500
3 Access permit fee N$ 2500
4 Access permit extension fee N$ 500
5 Access permit renewal fee N$ 500
6 Biological or genetic resources or associated traditional knowledge transfer fee Negotiable with Office on case-by-case basis

Appeal to Minister

A person who intends to appeal against a decision of the head of the Office may appeal to the Minister within 30 days from the time the decision was communicated to the person

Assistance

For assistance, kindly contact the office through this email: absnamibia@meft.gov.na
absnamibia@gmail.com