Parliament Gardens, Theo Ben Gurirab, 13347, Robert Mugabe Ave, Windhoek, Namibia
tradeportal@mirco.gov.na

Coat of Arms

Republic of Namibia

Ministry of International Relations & Trade

Namibia Trade Information Portal

Waving Flag
Key Sectors

Measure

Offences, penalties and forfeiture

Type Class Valid From Valid To
General Goods 01/11/2021
Summary:

A person who dishonestly obtains access and benefit-sharing agreements, illegally possesses or exports biological or genetic resources or traditional knowledge, faces a fine of up to N$150,000 or imprisonment for up to 10 years, or both, and may also be required to repair environmental damage caused by their offence.

Description:

 Offences and penalties

14.

(1) A person who   

(d) obtains access and benefit sharing agreement by any dishonest means;

(e) possesses, any biological or genetic resources or any associated traditional knowledge -

(i) in Namibia for commercial purposes; and

(ii) obtained in any other country in contravention of the domestic law of such country; or

(f) exports biological or genetic resources or associated traditional knowledge in contravention of this Act, commits an offence and is liable to a fine not exceeding N$150 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.

(2) In the event of a conviction in terms of this Act the court may order that any damage to the environment resulting from the offence be repaired by the person so convicted, to the satisfaction of the Minister

Commodities Affected by the Measure

# HS Code Description
1 06.01 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots (excluding roots of heading 12.12):
2 06.02 Other live plants (including their roots), cuttings and slips; mushroom spawn
3 06.04 Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared:
4 07.09 Other vegetables, fresh or powder, chilled
5 12.09 seeds, fruits and spores, of a kind used for sowing:
6 13.02 Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:
7 33.01 tained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils:
8 35.07 Enzymes; prepared enzymes not elsewhere specified or included:

Procedures Implementing the Measure

No procedures found under this measure.

Legal Documents Related to the Measure

Name Type Category
Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 Act General