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Community guidelines for accessing forestry voluntary carbon ... - FAO

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Chapter 7: Further help and advice<br />

Due to high costs, a legal advisor might not be within reach throughout<br />

the whole negotiations process. But it is recommended to obtain legal<br />

advice at least at the beginning and toward the closure of the agreement.<br />

The most legally-intensive process that a <strong>for</strong>estry VCM project developer<br />

is likely to experience is an ERPA (see Chapter 6). For further guidance<br />

on legal issues associated with ERPAs consult the following:<br />

Legal Issues Guidebook to the Clean Development Mechanism, a guide<br />

to legal issues from the UNEP RISO Centre, available from: http://www.<br />

uneprisoe.org/reportbooks.htm. Although focused on the CDM, most<br />

issues covered in this guidebook are equally relevant to ERPAs and other<br />

legal documentation <strong>for</strong> VCM projects.<br />

The Emission Reduction Purchase Agreements: A seller’s perspective,<br />

produced by Mitsubishi UFJ Securities and Clean Energy Finance<br />

Committee in association with: Department of Environment and Natural<br />

Resources (DENR), Republic of the Philippines and Japan International<br />

Cooperation Agency (JICA).<br />

Legal advice will cost money. And advice on a new topic like <strong>for</strong>est <strong>carbon</strong><br />

requires specialist knowledge. It is there<strong>for</strong>e more important than ever<br />

that project developers do not seek such advice on their own, but use<br />

local community groups to find the best value. If good advice is too hard<br />

to find, too expensive, or leaves important questions unanswered, the<br />

best (free) advice is Do Not Invest!<br />

7.4 Financial advice<br />

As outlined in Chapter 3, a reasonably accurate cost-benefit analysis<br />

of the proposed project, followed by confirmation that the necessary<br />

163

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