For some researchers, the ABS process is smooth sailing. Others face a range of challenges that cause uncertainty about how to proceed, whether they are potentially doing the wrong thing etc. This can lead to significant delays in research or, in the worst case, research projects being abandoned.

There are practical ways of dealing with some of the common ABS challenges. We’ve listed some of them here.

Challenges with finding out about ABS

Possible ways to deal with this:

• Try contacting the national focal point of the Convention on Biological Diversity (CBD), whose contact details can be found under the respective country profile. This person might be able to direct you to the relevant national authority.

• Look for alternative information sources (e.g. websites of national authorities, fact sheets, publications  etc.)

• Contact the Competent Authority in your own country, e.g. the German Federal Agency for Nature Conservation in Germany. These authorities often have information about ABS or may be able to provide some relevant information.

• Notify the ABS Clearing House if the information provided is inaccurate, out of date or unhelpful so that the relevant authorities in the provider country can contacted and asked to update the information.

• Engage personal contacts or local collaboration partners in the provider country and ask them to make enquires with the national authorities on your behalf. Experience of German researchers has shown that this is often more effective than making enquiries themselves.

• Reach out to the GNP HuB – Participants in our network have gathered ABS experiences from all over the world. There may be someone in our network who has worked in the country of interest before and can point you in the right direction.

• Have you looked at our ABS Stories? There may be relevant information there.

Challenges when contacting the provider

Possible ways to deal with this:

• Start early with contacting national authorities about ABS laws and procedures, i.e. long before the project starts in order to buffer any delays.

• Sometimes the contact details in the ABS Clearing House are out of date and the person listed no longer works in that position. Your email may even bounce. Is a government department or ministry is listed in the profile? Try looking at the website of this government organization. You might be able to find a general contact person and can start with your enquiry there.

• Contact the Competent Authority in your own country, e.g. the German Federal Agency for Nature Conservation in Germany. These authorities may be able to support your enquiry.

• Use the local language in communications with the authority (if possible).

• Ask local collaboration partners to make enquiries on your behalf. They may find it easier to engage with the local authorities (including in person) and are not restricted by language barriers etc.

• Send friendly and respectful reminders.

• Be transparent about your research so that the person receiving the enquiry knows how to deal with it.

• Read the information available in the ABS Clearing House first. Some enquiries may not be necessary because the answer has been provided in the Clearing House. Such “nuisance” enquiries may not be answered or only as a low priority.

Possible ways to deal with this:

• Although most people use English in international settings, it may be useful to try contacting the national focal point in the local/official language. Some researchers in Germany have found that they receive a response more quickly if they do this.

• Think about who can help overcome language barriers. This might be someone from your institution who speaks the language or a collaboration partner in the provider country could help.

• Use an online translator to get you started, however, some caution is needed when engaging in formal communications and relying on online tools.

Challenges with navigating the ABS process

Possible ways to deal with this:

• Having an incomplete application can slow the ABS process down. Checking which documents you need to support your application and making a list will help you to make sure that your application is complete and correct. Supporting documentation might include, e.g. cooperation agreements, formal documents about your institution, the project proposal etc.

• Make sure that all translations are done. Documents may only be accepted in the official language of the provider country, i.e. you cannot submit them in English. Check whether an official translation of certain documents is required at the beginning of the process and if so, organize it as soon as possible.

• In your application you may need to specify exactly where sampling will be conducted and/or which species will be sampled. This is, of course, not always possible from the outset. Be transparent with the authorities about why this information cannot be provided in your application and ask how to proceed.

Possible ways to deal with this:

• Find a local institution that can act as a contact point or offer support services for the research project, even if the institution is not a scientific collaborator.

• Having a local actor supporting your enquiries and the ABS process can be extremely helpful for German researchers. Sometimes having a local partner is even a pre-condition to getting an ABS permit. Consider finding a scientific collaborator in the country who may be more invested in supporting the ABS process, e.g. because the person and institute will benefit from the collaboration directly. The benefits of the collaboration and supporting ABS should be clearly communicated.

• Even for research cruises, having an observer on the ship from the provider country could be helpful.

• If establishing a new existing collaboration, start early with the negotiations. It may take some time to establish a collaboration agreement and if this is a pre-condition for applying for an ABS permit, negotiating the agreement can lead to delays.

• The ABS process may require a considerable investment of time and resources by collaboration partners in the provider country who are supporting you. It is therefore important to take the costs of their engagement into account and to compensate these if necessary (e.g. travel costs).

Possible ways to deal with this:

• If the authorities do not understand the nature of your research and how the research outputs can be used, they may have unrealistic expectations about the type of benefits that can be shared. It is important that you clearly communicate the non-commercial nature of your research and that the implications of this research are understood on both sides.

• Be transparent about funding mechanisms, the scope of project, who is involved and what can be offered. This is key to building trust in the process.

• Emphasize the relevance and utility of non-monetary benefits for the provider country, local community members and researchers etc.

• Ask local actors, e.g. researchers, NGOs etc. to help demonstrate the usefulness of the research and any non-monetary benefits that will be delivered.

Possible ways to deal with this:

• Model agreements and clauses may be helpful. Model clauses developed by funding bodies and professional associations usually include useful explanations about the purpose of the clauses, what needs to be considered etc. and can be a helpful resource, even if these clauses are not used directly as the basis for a benefit-sharing agreement. Check out the model clauses on our benefit-sharing page.

• Researchers should ask the national authority in the provider country whether that country has a model benefit-sharing agreement which is used and if so, this should probably be used as the basis for negotiations before proposing an alternative agreement. These agreements may be on the website of the national authority or included in the relevant regulation, for example.

• Many people have never seen an ABS permit or benefit-sharing agreement and real examples are not widely shared. Sharing such documents within or between institutions may be helpful, although there is some caution, e.g. due to confidentiality.

• Ask colleagues about their experiences.

• Check out our checklist – Build your ABS Strategy! Parts 2, 3 and 4 might help you prepare for negotiations by pointing our some of the important things you need to keep in mind!

• Be transparent with the national authorities and clear in your communications. This can build trust in the process.

Possible ways to deal with this:

• Contact your donor agency as soon as possible to inform them about the delay and the reasons. You may need to make changes to the project or apply for an extension.

• Go up the chain of command at your institution and try to get high level support for the process, e.g. legal department, director’s office etc. Having others involved in the process may move things forward.

• Consider the implications for people involved in the project, e.g. PhD candidates, and take appropriate steps to ensure that their needs are met.

Challenges after the research ends

Possible ways to deal with this:

• The ABS process can cost time and money and many researchers would like to avoid repeating the process if possible. Some scientists may want to create a culture collection and reuse material in future for further research. Explore options with the provider country to allow future use under the existing ABS documentation.

• Some providers may be concerned about future use and publication of further data, e.g. beyond taxonomic identification. Transparency with the provider about what is possible/intended in current and possible future research is essential. It may be necessary to notify the provider country that further research is taking place and to involve local researchers in that research.