Convention on Biological Diversity

Opened for signature at Rio de Janeiro on 5 June 1992

Afghanistan 12 Jun 1992

Algeria 13 Jun 1992 14 Aug 1995

Angola 12 Jun 1992 1 Apr 1998

Antigua and Barbuda 5 Jun 1992 9 Mar 1993

Argentina 12 Jun 1992 22 Nov 1994

Australia 5 Jun 1992 18 Jun 1993

Austria 13 Jun 1992 18 Aug 1994

Azerbaijan 12 Jun 1992

Bahamas 12 Jun 1992 2 Sep 1993

Bahrain 9 Jun 1992 30 Aug 1996

Bangladesh 5 Jun 1992 3 May 1994

Barbados 12 Jun 1992 10 Dec 1993

Belarus 11 Jun 1992 8 Sep 1993

Belgium 5 Jun 1992 22 Nov 1996

Belize 13 Jun 1992 30 Dec 1993

Benin 13 Jun 1992 30 Jun 1994

Bhutan 11 Jun 1992 25 Aug 1995

Bolivia 13 Jun 1992 3 Oct 1994

Botswana 8 Jun 1992 12 Oct 1995

Brazil 5 Jun 1992 28 Feb 1994

Bulgaria 12 Jun 1992 17 Apr 1996

Burkina Faso 12 Jun 1992 2 Sep 1993

Burundi 11 Jun 1992 15 Apr 1997

Cameroon 14 Jun 1992 19 Oct 1994

Canada 11 Jun 1992 4 Dec 1992

Cape Verde 12 Jun 1992 29 Mar 1995

Central African Republic 13 Jun 1992 15 Mar 1995

Chad 12 Jun 1992 7 Jun 1994

Chile 13 Jun 1992 9 Sep 1994

China 11 Jun 1992 5 Jan 1993

Colombia 12 Jun 1992 28 Nov 1994

Comoros 11 Jun 1992 29 Sep 1994

Congo 11 Jun 1992 1 Aug 1996

Cook Islands 12 Jun 1992 20 Apr 1993

Costa Rica 13 Jun 1992 26 Aug 1994

Côte d'Ivoire 10 Jun 1992 29 Nov 1994

Croatia 11 Jun 1992 7 Oct 1996

Cuba 12 Jun 1992 8 Mar 1994

Cyprus 12 Jun 1992 10 Jul 1996

Democratic Republic of the Congo 11 Jun 1992 3 Dec 1994

Denmark 12 Jun 1992 21 Dec 1993

Djibouti 13 Jun 1992 1 Sep 1994

Dominican Republic 13 Jun 1992 25 Nov 1996

Ecuador 9 Jun 1992 23 Feb 1993

Egypt 9 Jun 1992 2 Jun 1994

El Salvador 13 Jun 1992 8 Sep 1994

Estonia 12 Jun 1992 27 Jul 1994

Ethiopia 10 Jun 1992 5 Apr 1994

Fiji 9 Oct 1992 25 Feb 1993

France 13 Jun 1992 1 Jul 1994

Gabon 12 Jun 1992 14 Mar 1997

Gambia 12 Jun 1992 10 Jun 1994

Germany 12 Jun 1992 21 Dec 1993

Ghana 12 Jun 1992 29 Aug 1994

Greece 12 Jun 1992 4 Aug 1994

Grenada 3 Dec 1992 11 Aug 1994

Guatemala 13 Jun 1992 10 Jul 1995

Guinea 12 Jun 1992 7 May 1993

Guinea-Bissau 12 Jun 1992 27 Oct 1995

Guyana 13 Jun 1992 29 Aug 1994

Haiti 13 Jun 1992 25 Sep 1996

Honduras 13 Jun 1992 31 Jul 1995

Hungary 13 Jun 1992 24 Feb 1994

Iceland 10 Jun 1992 12 Sep 1994

India 5 Jun 1992 18 Feb 1994

Indonesia 5 Jun 1992 23 Aug 1994

Iran (Islamic Republic of) 14 Jun 1992 6 Aug 1996

Ireland 13 Jun 1992 22 Mar 1996

Israel 11 Jun 1992 7 Aug 1995

Italy 5 Jun 1992 15 Apr 1994

Jamaica 11 Jun 1992 6 Jan 1995

Jordan 11 Jun 1992 12 Nov 1993

Kazakhstan 9 Jun 1992 6 Sep 1994

Kenya 11 Jun 1992 26 Jul 1994

Kuwait 9 Jun 1992

Latvia 11 Jun 1992 14 Dec 1995

Lebanon 12 Jun 1992 15 Dec 1994

Lesotho 11 Jun 1992 10 Jan 1995

Liberia 12 Jun 1992

Libyan Arab Jamahiriya 29 Jun 1992

Liechtenstein 5 Jun 1992 19 Nov 1997

Lithuania 11 Jun 1992 1 Feb 1996

Luxembourg 9 Jun 1992 9 May 1994

Madagascar 8 Jun 1992 4 Mar 1996

Malawi 10 Jun 1992 2 Feb 1994

Malaysia 12 Jun 1992 24 Jun 1994

Maldives 12 Jun 1992 9 Nov 1992

Mali 30 Sep 1992 29 Mar 1995

Malta 12 Jun 1992

Marshall Islands 12 Jun 1992 8 Oct 1992

Mauritania 12 Jun 1992 16 Aug 1996

Mauritius 10 Jun 1992 4 Sep 1992

Mexico 13 Jun 1992 11 Mar 1993

Micronesia (Federated
States of) 12 Jun 1992 20 Jun 1994

Monaco 11 Jun 1992 20 Nov 1992

Mongolia 12 Jun 1992 30 Sep 1993

Morocco 13 Jun 1992 21 Aug 1995

Mozambique 12 Jun 1992 25 Aug 1995

Myanmar 11 Jun 1992 25 Nov 1994

Namibia 12 Jun 1992 16 May 1997

Nauru 5 Jun 1992 11 Nov 1993

Nepal 12 Jun 1992 23 Nov 1993

New Zealand 12 Jun 1992 16 Sep 1993

Nicaragua 13 Jun 1992 20 Nov 1995

Niger 11 Jun 1992 25 Jul 1995

Nigeria 13 Jun 1992 29 Aug 1994

Norway 9 Jun 1992 9 Jul 1993

Oman 10 Jun 1992 8 Feb 1995

Pakistan 5 Jun 1992 26 Jul 1994

Panama 13 Jun 1992 17 Jan 1995

Papua New Guinea 13 Jun 1992 16 Mar 1993

Paraguay 12 Jun 1992 24 Feb 1994

Peru 12 Jun 1992 7 Jun 1993

Philippines 12 Jun 1992 8 Oct 1993

Poland 5 Jun 1992 18 Jan 1996

Portugal 13 Jun 1992 21 Dec 1993

Qatar 11 Jun 1992 21 Aug 1996

Republic of Korea 13 Jun 1992 3 Oct 1994

Republic of Moldova 5 Jun 1992 20 Oct 1995

Romania 5 Jun 1992 17 Aug 1994

Russian Federation 13 Jun 1992 5 Apr 1995

Rwanda 10 Jun 1992 29 May 1996

Saint Kitts and Nevis 12 Jun 1992 7 Jan 1993

Samoa 12 Jun 1992 9 Feb 1994

San Marino 10 Jun 1992 28 Oct 1994

Sao Tome and Principe 12 Jun 1992

Senegal 13 Jun 1992 17 Oct 1994

Seychelles 10 Jun 1992 22 Sep 1992

Singapore 10 Mar 1993 21 Dec 1995

Slovenia 13 Jun 1992 9 Jul 1996

Solomon Islands 13 Jun 1992 3 Oct 1995

South Africa 4 Jun 1993 2 Nov 1995

Spain 13 Jun 1992 21 Dec 1993

Sri Lanka 10 Jun 1992 23 Mar 1994

Sudan 9 Jun 1992 30 Oct 1995

Suriname 13 Jun 1992 12 Jan 1996

Swaziland 12 Jun 1992 9 Nov 1994

Sweden 8 Jun 1992 16 Dec 1993

Switzerland 12 Jun 1992 21 Nov 1994

Syrian Arab Republic 3 May 1993 4 Jan 1996

Thailand 12 Jun 1992

Trinidad and Tobago 11 Jun 1992 1 Aug 1996

Tunisia 13 Jun 1992 15 Jul 1993

Turkey 11 Jun 1992 14 Feb 1997

Tuvalu 8 Jun 1992

Uganda 12 Jun 1992 8 Sep 1993

Ukraine 11 Jun 1992 7 Feb 1995

United Arab Emirates 11 Jun 1992

United Kingdom 1 12 Jun 1992 3 Jun 1994

United Republic of Tanzania 12 Jun 1992 8 Mar 1996

United States of America 4 Jun 1993

Uruguay 9 Jun 1992 5 Nov 1993

Vanuatu 9 Jun 1992 25 Mar 1993

Venezuela 12 Jun 1992 13 Sep 1994

Viet Nam 28 May 1993 16 Nov 1994

Yemen 12 Jun 1992 21 Feb 1996

Yugoslavia 8 Jun 1992

Zambia 11 Jun 1992 28 May 1993

Zimbabwe 12 Jun 1992 11 Nov 1994

Declarations
(Unless otherwise indicated, the declarations were made
upon ratification, accession, acceptance or approval.)

Argentina

Declaration:

The Argentine Government considers that this Convention represents a step forward in that it establishes among its objectives the sustainable use of biological diversity. Likewise, the definitions contained in article 2 and other provisions of the Convention indicate that the terms "genetic resources", "biological resources" and "biological material" do not include the human genome. In accordance with the commitments entered into in the Convention, the Argentine Nation will pass legislation on the conditions of access to biological resources and the ownership of future rights and benefits arising from them. The Convention is fully consistent with the principles established in the "Agreement on trade-related aspects of intellectual property rights", including trade in counterfeit goods, contained in the Final Act of the Uruguay Round of GATT.

Austria

Declaration:

"The Republic of Austria declares in accordance with article 27, paragraph 3 of the Convention that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement."

chile

Declaration:

The Government of Chile, on ratifying the Convention on Biological Diversity of 1992, wishes to place on record that the pine tree and other species that the country exploits as one of its forestry resources are considered exotic and are not taken to fall within the scope of the Convention.

cuba

Declaration:

The Government of the Republic of Cuba declares, with respect to article 27 of the Convention on Biological Diversity, that as far as the Republic of Cuba is concerned, disputes that arise between Parties concerning the interpretation or application of this international legal instrument shall be settled by negotiation through the diplomatic channel or, failing that, by arbitration in accordance with the procedure laid down in Annex II on arbitration of the Convention."

european community

Declaration:

"Within their respective competence, the European Community and its Member States wish to reaffirm the importance they attach to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment.

For the European Community and its member States, transfers of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity, will be carried out in accordance with article 16 of the said Convention and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention.

The European Community and its Member States will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by European operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights."

france

Upon signature:

Declaration:

With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention;

With reference to article 21, paragraph 1, that the decision taken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention.

Upon ratification:

Declaration:

With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention;

The French Republic reaffirms its belief in the importance of the transfer of technology and biotechnology in guaranteeing the protection and long-term utilization of biological diversity. Respect for intellectual property rights is an essential element of the implementation of policies for technology transfer and co-investment.

The French Republic affirms that the transfer of technology and access to biotechnology, as defined in the Convention on Biological Diversity, will be implemented according to article 16 of that Convention and with respect for the principles and rules concerning the protection of intellectual property, including multilateral agreements signed or negotiated by the Contracting parties to the present Convention.

With reference to article 21, paragraph 1, the French Republic considers that the decision taken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention.

georgia

Declaration:

"The Republic of Georgia will use both means for dispute settlement referred to in the Convention:

1. Arbitral consideration in accordance with the procedure given in the enclosure II, Part I.

2. Submitting of disputes to the International Court."

ireland

Declaration:

"Ireland wishes to reaffirm the importance it attaches to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment.

For Ireland, transfers of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the contracting parties to this Convention.

Ireland will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Irish operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights."

italy

Declaration made upon signature and confirmed upon ratification:

"The Italian Government [. . .] declares its understanding that the decision to be taken by the the Conference of the Parties under article 21.1 of the Convention refers to the `amount of resources needed' by the financial mechanism, not to the extent or nature and form of the contributions of the Contracting Parties."

latvia

Declaration:

"The Republic of Latvia declares in accordance with article 27 paragraph 3 of the Convention that it accepts both the means of dispute settlement mentioned in this paragraph as compulsory."

liechtenstein

Declaration:

"The Principality of Liechtenstein wishes to reaffirm the importance it attaches to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment.

For the Principality of Liechtenstein, transfers of technology and access to biotechnology, as defined in the text of the [said] Convention, will be carried out in accordance with article 16 of the said Convention and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention.

The Principality of Liechtenstein will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Liechtenstein operators, in particular as regards the granting of licenses, through normal commercial mechanisms and decisions, which ensuring adequate and effective protection of property rights."

papua new guinea

Declaration:

"The Government of the Independent State of Papua New Guinea declares its understanding that ratification of the Convention shall in no way constitute a renunciation of any rights under International Law concerning State responsibility for the adverse effects of Biological Diversity as derogating from the principles of general International Law."

sudan

Understanding:

"With respect to the principle stipulated in article 3, the Government of the Sudan agrees with the spirit of the article and interprets it to mean that no state is responsible for acts that take place outside its control event if they fall within its judicial jurisdiction and may cause damage to the environment of other states or of areas beyond the limits of national judicial jurisdiction."

"The Sudan also sees as regards article 14 (2), that the issue of liability and redresss for damage to biological diversity should not form a priority to be tackled by the Agreement as there is ambiguity regarding the essence and scope of the studies to be carried out, in accordance with the above-mentioned article. The Sudan further believes that any such studies on liability and redress should shift towards effects of areas such as biotechnology products, environmental impacts, genetically modified organisms and acid rains."

swiTzerland

Upon signature:

Declaration:

The Swiss Government wishes to emphasize particularly the progress made in establishing standard terms for cooperation between States in a very important field: research activities and activities for the transfer of technology relevant to resources from third countries.

The important provisions in question create a platform for even closer cooperation with public research bodies or institutions in Switzerland and for the transfer of technologies available to governmental or public bodies, particularly universities and various publicly-funded research and development centres.

It is our understanding that genetic resources acquired under the procedure specified in article 15 and developed by private research institutions will be the subject of programmes of cooperation, joint research and the transfer of technology which will respect the principles and rules for the protection of intellectualproperty.

These principles and rules are essential for research and private investment, in particular in the latest technologies, such as modern biotechnology which requires substantial financial outlays. On the basis of this interpretation, the Swiss Government wishes to indicate that it is ready, at the opportune time, to take the appropriate general policy measures, particularly under articles 16 and 19, with a view to promoting and encouraging cooperation, on a contractual basis, between Swiss firms and the private firms and governmental bodies of other Contracting Parties.

With regard to financial cooperation, Switzerland interprets the provisions of articles 20 and 21 as follows: the resources to be committed and the management system will have regard, in an equitable manner, to the needs and interests of the developing countries and to the possibilities and interests of the developed countries.

Upon ratification:

Declaration:

Switzerland wishes to reaffirm the importance it attaches to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity The compliance with intellectual property rights constitutes and essential element for the implementation of policies for technology transfer and co-investment.

For Switzerland, transfers of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity, will be carried out in accordance with article 16 of the said Convention and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention.

Switzerland will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Swiss operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights.

syrian arab republic

Upon signature:

Declaration:

It is being understood that the signing of this Convention shall not constitute recognition of Israel or leading to any intercourse with it.

united kingdom of great britain and northern ireland

Declaration made upon signature and confirmed upon ratification:

The Government of the United Kingdom of Great Britain and Northern Ireland declare their understanding that article 3 of the Convention sets out a guiding principle to be taken into account in the implementation of the Convention.

The Government of the United Kingdom of Great Britain and Northern Ireland also declare their understanding that the decisions to be taken by the Conference of the Parties under paragraph 1 of article 21 concern "the amount of resources needed" by the financial mechanism, and that nothing in article 20 or 21 authorises the Conference of the Parties to take decisions concerning the amount, nature, frequency or size of the contributions of the Parties under the Convention.

Notes:

1 In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the British Virgin Islands, the Cayman Islands, Gibraltar, St. Helena and St. Helena Dependencies.