Prior Informed Consent?Biodiversity and Ethnobotany: Garcinia sensu lato (Clusiaceae) in Cuba


ON BEHALF OF THE FIRST PART: The National Botanical Garden under ownership of Havana University, Ministry of Education, JBN in advance, with legal address in Carretera El Rocio Km 3, Calabazar, Boyeros, 19230?Havana, Cuba, represented in this document by Dr. Angela T. Leiva Sánchez, as head director of the institution.

ON BEHALF OF THE OTHER PART: The Department of Evolution, Genomics and Systematics, Uppsala University, Uppsala, Sweden, IEGSU in advance, with legal address in Norbyvägen 18D, SE-752 36 Uppsala, Sweden, represented in this document by Dr. Britta Ekholm as head of the Ethnobotany group of the Department of Systematic Botany at the Institute EGS, Uppsala University, Uppsala, Sweden.

Both Parts Manifest:
? that they have mutual interest to establish a bilateral collaboration for accessing biological resources, with the specifications, obligations, and conditions that figure in the present document
? that both parts have the means and resources needed to get the exchange of experiences in the best conditions with the requested quality
? that they commit themselves to observing the strict fulfillment and respect of the Convention on Biological Diversity which both parts have signed
? that they acknowledge the mutual benefits that such a collaboration will represent for the contracting institutions and both countries

BOTH PARTS: Acknowledging the person and legal entity which they sign on this document, agree to subscribe to the present contract following the next specifications, obligations and conditions:

FIRST: The objective of the present bilateral contract is to access the Cuban alive biological resources for scientific purposes, for taxonomical studies, ethnobotanical studies, the investigation of chemical compounds and molecular studies on Cuban tropical plants of the genus Garcinia L. (Clusiaceae), in cooperation between JBN and EGS; the biological alive plant resources being accessed will be sent from Cuba to Sweden, as a sample big enough to achieve the above mentioned studies, from the wild harvest or donations of the Botanical Gardens in the National Network of Cuba.

SECOND: The alive plant biological resources of Cuba from wild harvesting or donations of the Botanical Gardens in the National Network of Cuba will always have a herbarium sample that will be kept as part of the herbarium collections HAJB of the National Botanical Garden and UPS under ownership of the Uppsala University Museum of Evolution, and they will not be utilized for commercial purposes or exchange; if new species are described from this material, the holotypes must be deposited at the HAJB herbarium.

THIRD: JBN will manage and pay the expenses for the official permits needed to access the natural areas, the biodiversity, exportation, and plant care.

FOURTH: EGS will pay the expenses in Cuba of the Cuban partner for the supervisor, the driver that will take part in the expeditions and the plant care revision, the customs fee, and the transportation for the plant biological material.

FIFTH: The live Cuban biological resources sent from JBN to EGS, collected from germination and cultivation will not be used for commercial purposes under any circumstances, if either the material’s origin is wild collected or is a donation from the Botanical Gardens in the Cuban National Network.

SIXTH: The results derived from the chemical and molecular studies will be for mutual benefit and will be shared by JBN and IEGSU, in the way of scientific publications or otherwise, as agreed by the parts.

SEVENTH: The transportation from JBN to IEGSU of the living plant biological resources will be done by EGS researchers directly from the International Airport José Martí, Havana, to Stockholm.

EIGHTH: Possible modifications or additions to the present contract should be made through a formal agreement between the parties as included as an appendix to the present Agreement.

NINTH: The present Contract of collaboration between JBN and EGS will be valid for two years from the signature date, extendable by equal periods, provided that no party terminates the agreement early.

TENTH: Any difference or difficulty caused in relation with this Contract interpretation or execution, while in effect, will be resolved by means of friendly negotiations between the parties. In case an agreement cannot be reached, the conflict will be solved in the Arbitration Court of the Chamber of Commerce of the Cuban Republic.

ELEVENTH: The applicable law is the portion of Cuban Law that agrees with the Convention on Biological Diversity, which both parties have signed.
Two exact copies of the Contract will be signed, and both copies will be legally valid and will carry the approval of the Cuban Authority of the Centre for Inspection and Environmental Control. Each party will keep a copy in its possession.

The present document is signed on 3 March of the year 2007.
National Botanical Garden of Cuba Institute of Evolution, Genomics and Systematics

Fdo. Dr. Enrico Chavez Fdo. Dr. Britta Ekholm
Head Director Head of the Ethnobotany group in the
Department of Systematic Botany

Vto. Bno. Ing. Tomás Rivera Amarán
Director del C.I.C.A.
Science, Technology and Environment Ministry


Copyright © National Institute of Genetics ABS Support Team for Academia All Rights Reserved.