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Terminal Evaluation for Developing and Implementing a National Access and Benefit Sharing Framework
Commissioning Unit: Malaysia
Evaluation Plan: 2016-2020
Evaluation Type: Project
Completion Date: 08/2019
Unit Responsible for providing Management Response: Malaysia
Documents Related to overall Management Response:  
1. Recommendation:

The national ABS unit needs to be legally mandated with dedicate staff and capacity. It needs to show leadership as the NCA [KATS]

Management Response: [Added: 2020/03/10] [Last Updated: 2020/03/10]

1) A proposal on the establishment of the national ABS unit (National Biodiversity Centre) has been discussed with the Division of Human Resource Development, KATS. This proposal will be submitted to the Public Service Department’s for further consideration.
2) A proposal on the establishment of the NCA has been prepared and will be submitted to the top management for approval

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1) To follow up the progress with the Division of Human Resource Development, KATS. 2) The NCA is estimated to be established in 2020
[Added: 2020/03/10]
KATS 2020/12 Initiated
2. Recommendation:

The ABS regulations need technical support to be finalized and passed by the government [KATS to commission]

Management Response: [Added: 2020/03/10] [Last Updated: 2020/03/10]

The ABS regulations were finalized by the Attorney’s General Chambers on 22 November 2019.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The ABS regulations will be gazetted and enforced together with the Act once all implementation mechanisms are in place tentatively in the first half of 2020.
[Added: 2020/03/10] [Last Updated: 2020/07/01]
KATS 2021/12 Initiated a) KeTSA conducted five consultations with Competent Authorities (Negeri Sembilan, Melaka, Kelantan, Terengganu and Pahang) from Dec 2019 – Feb 2020) to discuss on the implementation of Act 795. b) In May 2020, KeTSA had a consultation session with the Disease Control Division (DCD), Ministry of Health Malaysia to discuss on the need for additional procedures for the access of pathogen under the ABS Act. DCD highlighted a few issues which will be addressed by KeTSA. c) National Competent Authority (NCA) was established in June 2020. The establishment of the NCA and its Advisory Committee and secretariat was specified in Act 795 and essential in ensuring efficient and effective implementation of the Act. d) ABS Act (Act 795) and its regulations were initially targeted to be enforced by mid-2020. However, due to recent change in government which resulted in the changes of the Ministry's structures and functions and COVID 10 pandemic, all implementation mechanisms and enforcement of the act is likely to take place in 2022 subject to political and institutional development. The due date has been extended to Dec 2021 for another round of updates. History
3. Recommendation:

An on-line one-stop access permit system is urgently needed for biological resource and TK research on the peninsular [the in-house KATS software designers need to be assessed for competency – the designers of the Sabah and Sarawak systems could be engaged]

Management Response: [Added: 2020/03/10] [Last Updated: 2020/03/10]

1) The development of the online one-stop access permit system is done by a team consisting of officials from the Division of Biodiversity and Forestry Management and the Division of Information Management, KATS.
2) A national steering committee and a technical committee to oversee the development of the system have been established.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1) The development of the online one-stop access permit system is done by a team consisting of officials from the Division of Biodiversity and Forestry Management and the Division of Information Management, KATS. 2) A national steering committee and a technical committee to oversee the development of the system have been established.
[Added: 2020/03/10]
KATS 2021/12 Initiated
4. Recommendation:

The peninsular CAs require a training programme based on the ABS regulations, the ABS User Guidelines (both to be approved), and national one-stop research permitting

Management Response: [Added: 2020/03/10] [Last Updated: 2020/03/10]

1) A number of training programmes have been planned to be conducted in 2020 according to zones in Peninsular Malaysia.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The first training programme will be held after the development of the online permit system is complete and before the Act is enforced.
[Added: 2020/03/10]
KATS 2020/12 Initiated History
5. Recommendation:

The peninsular CAs need to establish financial accounting / Trust Fund accounts for the royalties of ABS [peninsular CAs]

Management Response: [Added: 2020/03/10] [Last Updated: 2020/03/10]

1) The plan is to use the existing National Conservation Trust Fund (NCTF) to serve as the ABS royalties’ trust fund during the first 5 years of the implementation of the Act.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
This matter needs to be discussed further with all CAs.
[Added: 2020/03/10]
Peninsular Competent Authority 2020/12 Initiated
6. Recommendation:

The national ABS unit needs to be legally mandated with dedicate staff and capacity. It needs to show leadership as the NCA [KATS]

Management Response: [Added: 2020/03/10]

1) A proposal on the establishment of the national ABS unit (National Biodiversity Centre) has been discussed with the Division of Human Resource Development, KATS. This proposal will be submitted to the Public Service Department’s for further consideration.
2) A proposal on the establishment of the NCA has been prepared and will be submitted to the top management for approval

Key Actions:

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