User:A.Plank/Permit and Loan Terms (Handbook)

ReadMe

This page informs about the contents of this file

The basis for the work in this folder are the existing GGBN Permit Types (in the table “Permit Types (GGBN)”) which we will improve.

We are creating a two tiered system for grouping permits (based on permits we personally know), at the lower level it comprises different “document types” , which are further grouped into “document categories”.

This helps getting an overview of documents relevant for holding biological specimens in collections, it may also help with filing these documents orderly in a filing cabinet or electronically.

Because documents from different countries, belonging to the same document type (sometimes even having identical document titles), may have different content with respect to permissions, duties, restrictions and prohibitions, we additionally created a “typology of contents” by compiling and listing relevant contents of permit and loan documents we know.

The “typology of contents” intends to list relevant individual actions that commonly may be permitted, required, restricted or prohibited, as well as necessary quality requirements.

The “typology of contents” also indicates the corresponding legal background. Elements of this “typology of contents” may help to flag possible uses of different collection specimens.

The following tables are active working documents, or finalised results of our work:

• Document Category - final
• Document Types w/o IPR (draft)
• Typology of Contents (draft)

The following tables show elements of our work which we do not pursue any more:

• MTA examples
• US specific permits: a very incomplete list of US permits that may apply to different actions
• EU specific permits: a very imcomplete list of supranational EU-regulated permits (does not contain permits applicable only in single member states of EU)
• (AU specific permits): without participants from Australia this topic can not be pursued within the limits of T3.3
• Document Category (for discussion): old version
• Intellectual Property Document Types (draft): we decided that intellectual property is such a wide field, we also have no legal counsel in our group, additionally considering the limited time of task 3.3, therfore we will not pursue this topic any more

https://wiki.ggbn.org/ggbn/GGBN_Data_Standard_v1#GGBN_Permit_Vocabulary

Document Category - final

Document Categories	Definition for document category	associated document types	working remarks on definitions
Access and Benefit-Sharing Document	documents permiting the access to genetic resources for their utilisation and/or covering the terms of benefit-sharing	Mutually Agreed Terms (MAT) Internationally Recognized Certificate of Compliance (IRCC) Prior Informed Consent (PIC) other ABS document (e.g. biomedical, BBNJ)	FL: In the final document, I think a glossary would be useful to explain terms like “genetic resources” SE: a glossary is a good idea, please indicate which terms shall be explained, e.g. highlighting them bold and wisth asterisk
High level arrangements	documents that require signature(s) by (a) member(s) of the highest management level of an institution	Contract (legally binding) Memorandum of Cooperation (MoC) Memorandum of Understanding (MoU)	FL: or even higher level? (e.g. arrangements that have been made between governments concerning the possessing colonial collections).
permits for collecting/taking/posessing/using	documents by authorities or private entities allowing certain actions that are under their jurisdiction - except ABS-permits, research permits and permits related to the transport of specimens (see the relevant other document categories)	Collecting permit Taking: “incidental take” permit Taking: Migratory Bird Treaty Act (MBTA) Special Purpose, Salvage Permit Taking: Salvage Permit (e.g., Non-US, US federal, state, local) Possessing: Receiving permit Use: ethical oversight document Use: Permit to reintroduce/translocate organism into the wild Use: bioprospecting permit Use: Landowner letter Use: Public property use permit Use: Data use agreement
Research Permission	document by an authority allowing basic and/or applied research within its territory	Research Permit
material transfer agreements, stewardships & related inforrmation	documents demonstrating the will of two parties regarding governs the transfer of tangible material between them two parties (e.g., an agreement between two institutions that outlines the terms and conditions for transferring specimens or samples; for stewardships the conceding party is a public authority) or which include such information for transfers in the past. This document category does not cover shipping documents or contracts with a carrier (see transport documents).	Public law MTA (e.g. acquiring customs' seizures, stewrdship agreements, or SMTA for ITPGRFA-purposes) Institutional MTA (e.g. loans) Deeds of transfer (e.g. private gifts) provenance evidence
Transport Documents	permits, certificates and other documents necessary for the act of sending specimens from one place to another	(Phyto-)Sanitary/Veterinary Certificate Permit to move across boundaries CITES export permits CITES import permits CITES certificates of scientific exchange Original Export Permit Export Permit Original Import Permit Import Permit other (e.g. carrier contracts)
Exemption Permission (alternative option: Exemption Evidence?)	certificates and other documents demonstrating that other permits are not necessary	exemptional authorisation	FL: this sounds very broad, and I wonder if exemptions are not already included in any of the above document types.