South Africa's Bioprospecting, Access and Benefit-Sharing ...

3.3 Frequently asked questions about permits
What are the costs involved in applying for bioprospecting and export permits
Annexure 1 of the BABS Regulations sets out the prescribed fees, which are non-refundable. In 2012 a
bioprospecting permit cost R5 000; an integrated export and bioprospecting permit cost R5 200; and an
export permit for research other than bioprospecting cost R100. Bank account details are included in forms
on the DEA website or can be requested from DEA.
Do I need to apply and pay for both a bioprospecting and integrated export and bioprospecting
permit to export indigenous biological resources
No. A bioprospecting permit is required for bioprospecting in South Africa. If you intend to export the
indigenous biological resources, an integrated export and bioprospecting permit is required. You will be
required to pay an application fee depending on which permit you apply for.
When should I send in my permit application payment to the DEA
It is best to send in the permit application first and obtain a reference number for the permit application
before the payment is made. Once payment has been done, proof of payment should be sent to the DEA
as the permit application cannot be processed if the required non-refundable application fee has not
been paid.
I want to investigate more than one indigenous biological species – do I have to get a different
permit for each species
No, you may apply for more than one species on the same form.
We are a group of South African and international stakeholders collaborating – do we each need
a permit or can we apply jointly
It is possible to have a joint application. During notification in the discovery phase, all the collaborators
should be listed, after that one party can assume the position of project leader.
An international party can apply, but such an application has to be in conjunction with a South
African partner.
I export a resource abroad – do I need to disclose what the buyer intends to do with it
Yes. If the resource is going to be used for the development of new products it is considered to be
bioprospecting and an integrated export and bioprospecting permit is needed.
My company only bottles the material but is not involved at any other point along the supply
chain. Do I need to apply for a permit
If your company simply does the bottling you do not need a bioprospecting permit.
My company cultivates indigenous biological resources. Do I need to follow the BABS process
Yes, a bioprospecting permit is still required, though material transfer and benefit-sharing agreements
would not be submitted in support of the permit application. It should be noted that the Minister may
issue a permit with additional requirements. You will still be required to conclude a material transfer
agreement and benefit-sharing agreement with any subsequent user/buyer of the indigenous
biological materials. The benefit accruing to you should, as a minimum, be upfront payment for the
raw material.
I want to export only a sample of an indigenous biological resource. What permit do I need
If you are exporting a sample from your ex-situ collection, you simply have to declare to the Provincial
Authority that you have exported it and provide a copy of the exchange agreement concluded with the
receiving institution.
30