CBD/COP/16/L.32/Rev.

1
Distr.: Limited
1 November 2024

Original: English

Conference of the Parties to the

Convention on Biological Diversity
Sixteenth meeting
Cali, Colombia, 21 October–1 November 2024
Agenda item 9
Digital sequence information on genetic resources

Digital sequence information on genetic resources

Draft decision submitted by the President

The Conference of the Parties,

Recalling decisions 15/4 and 15/9 of 19 December 2022,
Taking note of recommendation 2/1 of the Ad Hoc Open-ended Working Group on Benefit-
sharing from the Use of Digital Sequence Information on Genetic Resources,
Noting further the relevant discussions on digital sequence information on genetic resources
and related issues in other United Nations bodies such as the International Treaty on Plant Genetic
Resources for Food and Agriculture, the World Health Organization, and the Agreement under the
United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of
Marine Biological Diversity of Areas beyond National Jurisdiction,
Recognizing that the approach to the fair and equitable benefit sharing from the use of digital
sequence information set out in the present decision is without prejudice to national access and
benefit sharing measures and does not affect the rights and obligations of any Party deriving from
any existing international agreement,
Acknowledging the vital role of digital sequence information on genetic resources, and open
access to digital sequence information on genetic resources, in scientific research and sustainable
development,
Recognizing the importance of the fair and equitable sharing of benefits arising from the use
of digital sequence information on genetic resources to achieving Goal C and Target 13 of the
Kunming-Montreal Global Biodiversity Framework,
Acknowledging the United Nations Declaration on the Rights of Indigenous Peoples,
Recognizing the vital role that indigenous peoples and local communities play in the
conservation and sustainable use of genetic resources,
Acknowledging that in some world views, all natural genetic information belongs to Mother
Earth,
Recalling the sovereignty rights of States over their natural resources,
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1. Adopts the modalities for operationalizing the multilateral mechanism for the fair and
equitable sharing of benefits from the use of digital sequence information on genetic resources,
including a global fund, as set out in the annex to the present decision;
2. Decides that the global fund will be known as the Cali Fund for the fair and equitable
benefit-sharing from the use of digital sequence information on genetic resources;
3. Decides to further explore the modalities of the multilateral mechanism for the fair and
equitable sharing of benefits from the use of digital sequence information on genetic resources,
including, in the context of paragraph 7 of decision 15/9 and the annex to the present decision,
possible additional modalities that take products and services into account;
4. Also decides to explore possible new tools and models, such as databases, for making
digital sequence information on genetic resources publicly available and accessible in a transparent
and accountable manner to all Parties;
5. Invites Parties, other Governments, indigenous people and local communities and
relevant organizations to submit views on the issues referred to in paragraphs 3 and 4;
6. Requests the Executive Secretary, subject to the availability of resources, to:
(a) Synthesize the views submitted further to paragraph 4 above;
(b) Commission a study to examine options for making digital sequence information on
genetic resources publicly available and accessible in a transparent and accountable manner;
(c) Submit the synthesis of views and the study to the Subsidiary Body on Implementation
for consideration at its sixth meeting;
(d) Prepare a study on national and international standards for the identification of small,
medium and large entities;
(e) Commission a study on contribution rates, including implications for revenue
generation and economic competitiveness.
7. Requests the Subsidiary Body on Implementation to consider the synthesis of views
and the study and to make recommendations to the Conference of the Parties at its seventeenth
meeting on:
(a) Possible additional modalities for the fair and equitable sharing of benefits from the
use of digital sequence information on genetic resources;
(b) Possible tools and platforms, such as databases, for making accessible digital sequence
information on genetic resources in a transparent and accountable manner.

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Annex
Modalities for operationalizing the multilateral mechanism for the fair
and equitable sharing of benefits from the use of digital sequence
information on genetic resources, including a global fund
1. The multilateral mechanism for the fair and equitable sharing of benefits from the use of
digital sequence information on genetic resources covers digital sequence information on genetic
resources:
(a) That is made publicly available, in compliance with national legislation, where
applicable;
(b) That is not subject to mutually agreed terms established at the time of access to the
genetic resources from which the digital sequence information on genetic resources is derived,
unless those terms allow for the making of the digital sequence information freely available; and
(c) For which the fair and equitable sharing of benefits on the use of digital sequence
information on genetic resources is not provided for by other international agreements on access
and benefit sharing, except if those instruments choose the multilateral mechanism
for that purpose.
2. All users of digital sequence information on genetic resources under the multilateral
mechanism should share benefits arising from its use in a fair and equitable manner.
3. Users of digital sequence information on genetic resources in sectors that directly or
indirectly benefit from its use in their commercial activities should contribute a proportion of their
profits or revenue to the global fund, according to their size. Having regard to paragraph 13,
entities which on their balance sheet dates exceed at least two out of three of these thresholds (total
assets: USD 20 million Sales; USD 50 million; Profit: USD 5 million) averaged over the preceding
three years, should contribute to the global fund one percent of their profits or 0.1 percent of their
revenue, as an indicative rate. An indicative list of sectors to which such users may belong is
contained in enclosure A.
4. In light of the studies commissioned on national and international standards for the
identification of small, medium and large entities and on contribution rates, including implications
for revenue generation and economic competitiveness, 1 the Conference of the Parties at its
seventeenth meeting will establish thresholds and contribution rates, and keep these periodically
under review thereafter.
5. The provisions of paragraph 3 do not apply to entities active in the sectors listed in enclosure
A that do not directly or indirectly use digital sequence information on genetic resources.
6. All users of digital sequence information on genetic resources should share non-monetary
benefits in a fair and equitable manner, as appropriate. Non-monetary benefit-sharing is
complementary to the provisions regarding monetary benefit sharing included in these modalities.
7. Non-monetary benefit sharing should support self-identified capacity and technical
development needs and priorities including, inter alia, capacity building for the generation of,
access to and use and storage of digital sequence information on genetic resources, as well as the
self-identified needs of indigenous peoples and local communities, including women and youth
within those communities. The sharing of non-monetary benefits builds on ongoing activities and
will be facilitated through the long-term strategic framework of the Convention on Biological
Diversity for capacity-building and development and its mechanism to strengthen technical and
scientific cooperation in support of the Kunming-Montreal Global Biodiversity Framework.

1
As referenced in paragraph 5d and 5e of decision 16/-
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8. The sharing of non-monetary benefits will be facilitated through an existing clearing house
under the Convention, which will primarily provide information on demand for capacity-building
needs, knowledge exchange, and the showcasing and reporting of ongoing non-monetary benefit-
sharing activities.
9. Public databases, academic, and public research institutions are not expected to make
monetary contributions to the global fund.
10. Entities operating databases, and tools and models dependent on digital sequence
information on genetic resources, that make digital sequence information on genetic resources
publicly available should:
(a) Make information on the multilateral mechanism for the fair and equitable sharing of
benefits arising from the use of digital sequence information on genetic resources available to those
accessing their databases, and underline that generating monetary benefits from the use of digital
sequence information on genetic resources accessed through the database may require the sharing
of those benefits through the multilateral mechanism;
(b) Inform those submitting data of the requirement to comply with applicable national
and international access and benefit-sharing obligations;
(c) Require the provision of information on the country of origin of the genetic resources
from which digital sequence information was derived, where known, as well as, when appropriate,
metadata associated with the genetic resources from which the digital sequence information was
derived, including indicating the use of traditional knowledge associated with genetic resources and
its origin or source;
(d) Be consistent with open access to data, taking into consideration the principles of
findability, accessibility, interoperability and reusability (FAIR), of collective benefits, authority to
control, responsibility and ethics (CARE), and of transparency, responsibility, user-focus,
sustainability and technology (TRUST) to data governance, as well the recommendations set out in
section III of the United Nations Educational, Scientific and Cultural Organization
Recommendation on Open Science;
(e) Request that those submitting digital sequence information on genetic resources
indicate that it is not subject to any restrictions which prohibit its sharing.
11. Parties funding, sponsoring or hosting sequence databases should ensure that entities
operating such databases take measures to ensure the effective implementation of the present
decision and other relevant future decisions of the Conference of the Parties.
12. Other Governments funding, sponsoring or hosting sequence databases are encouraged to
ensure that entities operating such databases will take measures to ensure the effective
implementation of the present decision and other relevant future decisions of the Conference of the
Parties.
13. Parties and non-Parties are invited to take administrative, policy or legislative measures,
consistent with national legislation, to incentivise contributions from users in their jurisdiction to
the global fund in line with the modalities of the multilateral mechanism.
14. Contributions to the global fund are expected to be made directly, but may be made through
a national authority. Receipts will be issued at the point of contribution to the global fund.
15. For each year that users make monetary contributions to the fund in line with the modalities
of the multilateral mechanism, they are considered to have fairly and equitably shared monetary
benefits arising from the use of digital sequence information on genetic resources under the
multilateral mechanism and will receive a certificate accordingly. Such a certificate excludes the
user from any expectation to share further monetary benefits from the use of digital sequence
information on genetic resources within the scope of the multilateral mechanism for that year.

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16. Contributions to the global fund additional to those provided for in the paragraphs above are
encouraged.
17. Funding in the global fund should be allocated in a fair, equitable, transparent, accountable
and gender-responsive manner.
18. Funding should support the realization of the objectives of the Convention in developing
countries, in particular least developed countries, small island developing states and economies in
transition, in particular the conservation and sustainable use of biodiversity, including through the
delivery of activities described in national biodiversity strategies and action plans, contribute to
scientific research on biodiversity, benefit indigenous peoples and local communities, including
women and youth within those communities, and support the building of capacity in accordance
with Article 16 of the Convention, to generate, access, use, analyse and store digital sequence
information on genetic resources according to capacity needs. Funding will also be available for
these purposes to indigenous peoples and local communities in developed countries, where
appropriate. In the event that any other intergovernmental fora decide to make use of the
multilateral mechanism to share the benefits from the use of digital sequence information on
genetic resources, the funding should also support the realization of their objectives.
19. Funding will be allocated taking into account the overall level of funding available in the
global fund and an indicative list of criteria, as set out in enclosure B. A formula will be determined
by the Conference of the Parties at its seventeenth meeting on the basis of the work of a group
established with the terms of reference provided in enclosure C.
20. Funding to Parties will be disbursed through direct allocations to countries, as described in
paragraph 21. Each recipient Party is invited to designate or establish, as appropriate, a national
entity, such as a national biodiversity fund, to receive funds and to distribute them in a transparent
way to support the activities described in paragraph 18. Such entities may allocate resources on the
basis of projects developed though a country-driven or community-driven process and should be
accountable for ensuring the funds are used for the self-identified purposes for which they are
distributed in a transparent manner. They should operate according to internationally accepted
fiduciary standards, and provide reports on the activities undertaken by the fund and their impacts.
Recipient Parties, at their own discretion, may alternatively designate an international, regional or
subregional entity to fulfil those functions.
21. Where appropriate and subject to national circumstances, at least half of the funding of the
global fund should support the self-identified needs of indigenous peoples and local communities,
including women and youth within those communities, through government or by direct payments
through institutions identified by indigenous peoples and local communities.
22. The Conference of the Parties may set aside a proportion of funds to support capacity-
building and capacity development ensuring that developing country Parties, in particular least
developed countries, small island developing states and economies in transition, have access to the
tools and expertise necessary to fully participate and benefit from digital sequence information on
genetic resources.
23. The fund will be administered by the United Nations through the United Nations Multi-
Partner Trust Fund Office, in accordance with decisions of the Conference of Parties, and under the
authority of and accountable to the Conference of Parties.
24. The multilateral mechanism and its fund will operate according to the principles of
inclusivity, equity and transparency.
25. The multilateral mechanism must respect the rights of indigenous peoples and local
communities, including women and youth within these communities.
26. Without prejudice to national access and benefit sharing measures, where Parties put in place
national measures on access and benefit-sharing from digital sequence information on genetic

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resources, they are invited to align them with the multilateral mechanism, such that there is no
duplication of expectations to share the benefits arising from the use of digital sequence
information on genetic resources under the multilateral mechanism.
27. The multilateral mechanism will be implemented in a way that is mutually supportive of and
adaptive to other international access and benefit-sharing instruments on digital sequence
information on genetic resources, to avoid the stacking of obligations and, where appropriate, to
streamline processes. Other international access and benefit-sharing instruments are invited to
collaborate with the multilateral mechanism and where appropriate, to streamline processes. The
provisions of the mechanism will not affect the rights and obligations of any Party deriving from
any existing international agreement.
28. The multilateral mechanism, including the global fund, will operate under the authority and
guidance of and be accountable to the Conference of the Parties. To support the Conference of the
Parties in its role as the governing body of the mechanism, a steering committee is established with
the terms of reference and composition in enclosure D, under the guidance of the Conference of the
Parties. A Secretariat with the terms of reference in enclosure E is established to serve the steering
committee and to support the functioning of the mechanism. The operations of the multilateral
mechanism will be financed by the global fund.
29. The effectiveness of the multilateral mechanism, including the global fund, will be reviewed
by the Conference of the Parties at its eighteenth meeting and at its every second subsequent
meeting against the principles established in decision 15/9, taking into consideration the factors set
out in enclosure F and a methodology to be adopted by the Conference of the Parties at its
seventeenth meeting, noting also the relevance of the global reviews of the collective progress in
the implementation of the Kunming-Montreal Global Biodiversity Framework due to be conducted
for the seventeenth and nineteenth meetings of the Conference of the Parties further to decision
15/6.
30. The review will also be informed by the relevant indicators of the monitoring framework for
the Kunming-Montreal Global Biodiversity Framework, including the headline indicators for
Goal C and Target 13 and a binary indicator for Target 13.
31. In the light of the review described in paragraph 29, the Conference of the Parties will
consider at its eighteenth meeting any adjustments necessary to improve the effectiveness and
efficiency of the multilateral mechanism, including the global fund, with respect to the fair and
equitable sharing of benefits arising from the use of digital sequence information on genetic
resources.

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Enclosure A
Indicative list of sectors that may directly or indirectly benefit from the
use of digital sequence information on genetic resources2
1. Sectors that may directly or indirectly benefit from the use of digital sequence information
on genetic resources include:
(a) Pharmaceuticals;
(b) Nutraceuticals (food and health supplements);
(c) Cosmetics;
(d) Animal and plant breeding
(e) Biotechnology;
(f) Laboratory equipment associated with the sequencing and use of digital sequence
information on genetic resources, including reagents and supplies;
(fg Information, scientific and technical services related to digital sequence information
on genetic resources including artificial intelligence.
2. The present list will be kept under review, taking particular note of the International
Standard Industrial Classification of all Economic Activities (ISIC), Central Product Classification
(CPC) and corresponding regional or national codes.

2
This indicative list is without prejudice to digital sequence information on genetic resources provided for
by other international agreements on access and benefit sharing.
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Enclosure B
Indicative list of criteria for funding allocation
- Biodiversity richness, and other biodiversity-related criteria for which data is readily
available at the national level.
- The geographical origin of the genetic resources from which digital sequence information in
the database was derived (noting that this data is currently often incomplete or unrepresentative).
- Capacity needs for the conservation and sustainable use of biodiversity, taking into account
the circumstances of developing countries, in particular the least developed countries and small
island developing States and those with economies in transition, and of indigenous peoples and
local communities

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Enclosure C
Terms of reference for the Ad-hoc Technical Expert Group on Allocation
Methodology
1. The Group on Allocation Methodology is to provide technical advice and guidance on
remaining and unresolved issues relating to the disbursement of funds from the global fund
established in decision 15/9 (para. 16) and on the basis of paragraph 21 of decision 16/--. In
particular, the Group will develop an allocation methodology for disbursing funding from the
global fund for consideration by the Conference of the Parties at its seventeenth meeting, based on
the criteria established in enclosure B.
2. The Group will comprise 15 technical experts nominated by Parties, 7 experts nominated by
representatives of indigenous peoples and local communities from the seven sociocultural regions
and 4 experts from relevant organizations. The Executive Secretary, in consultation with the
Bureau, will select experts on the basis of nominations received from Parties, taking gender and the
relevant technical expertise of the candidates into account and applying the procedure for avoiding
or managing conflicts of interest set out in decision 14/33.
3. The Group may draw on existing expertise and liaise with relevant organizations, as
appropriate, in the execution of its mandate.
4. Subject to the availability of financial resources, the Group will meet, as needed, to ensure
the timely provision of advice and will, wherever possible, meet back-to-back with other relevant
meetings. Where possible, the Secretariat will use available means of electronic communication to
reduce the need for in-person meetings.

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Enclosure D
Terms of Reference of the Steering Committee
 Functions of the Steering Committee Provide oversight of the operations of the Fund host,
ensuring that the fund disburses monies according to the Modalities established by
Conference of the Parties at its sixteenth meeting.
 Guide the operations of the secretariat of the multilateral mechanism.
 Report to and, and provide advice to, the Conference of the Parties.
 Develop a methodology for review by Subsidiary Body for Implementation and to be adopted by
the Conference of the Parties at its seventeenth meeting for the review of the effectiveness of
the multilateral mechanism, including the global fund, with indicators, where appropriate, for
the factors to be considered in the review as described in enclosure D, taking account of the
relevant indicators of the monitoring framework of the Kunming-Montreal Global
Biodiversity Framework.
Composition of the Steering Committee
The oversight body would comprise of:
 Representatives of Parties, with equal geographical representation of the UN regions,
 Representatives of indigenous peoples and local communities,
 Representatives of stakeholders from civil society, academia/entities operating public databases,
and the private sector.
 Representatives of UN organizations
An option for the composition of the group is provided in the table below.
The Steering Committee is established by the Conference of the Parties. Members of the Steering
Committee will be selected according to established procedures on the basis of nominations from
Parties and observer groups. The Chair of the Group will be designated from among the members
of the Committee representing Parties to the Convention.
The Steering Committee would meet in person and virtually as necessary. Decision making of the
oversight body would be through consensus of the members.
Composition of the Committee
Option for the composition of the Steering Committee:

Members (25) Chair (appointed from among Parties) 1

Parties (regional representative) 15 3 per region

Indigenous peoples and local communities 7 1 per sociocultural region

UN organizations* 2

Observers (6) Civil society, scientific institutions, private sector 6 2 per category

*Because the MPTF is designated as the host entity, a minimum of two UN agencies are required in the
establishment of the fund, as per the MPTFO standard operating procedures.

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Enclosure E
Function of the Secretariat
The Secretariat of the Multilateral Mechanism supports the functioning of the multilateral mechanism,
including the global fund, in line with decisions of the Conference of the Parties as the governing body
of the mechanism, and as guided by the Steering Committee. Specifically, the Secretariat would:
 Prepare periodic reports and analysis on the contributions to the global fund on the basis of
information provided by the host institution of the Fund
 Prepare periodic reports and analysis on the use of the fund, on the basis of information provided
by recipient entities
 Service meetings of the Steering Committee
 Undertake any other tasks as determined by the Conference of the Parties, as the governing body
of the mechanism

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Enclosure F
Factors to be considered in the review
(a) Amount of funds mobilized through the global fund, in total and disaggregated by contributors
and recipients (countries, and indigenous peoples and local communities, and women and youth within these
communities);
(b) The indicative list of sectors, as provided in enclosure A, taking the experience of the multilateral
mechanism and new technical and commercial developments into account;
(c) Summary information on the activities supported by the fund;
(d) Assessment of the scope of the non-monetary benefits facilitated by the multilateral mechanism
and its alignment with the self-identified needs of beneficiaries;
(e) An assessment of the efficiency of the multilateral mechanism, including the global fund, taking
into account the costs of its operations and the suitability of the trigger for monetary contributions;
(f) An assessment of the contribution of the multilateral mechanism to the realization of the three
objectives of the Convention on Biological Diversity – and the implementation of the relevant goals and
targets, and cross-cutting considerations3 of the Kunming-Montreal Global Biodiversity Framework, and cross-
cutting considerations;
(g) An assessment of the effectiveness of the multilateral mechanism in providing legal certainty to
providers and users of digital sequence information on genetic resources;
(h) Information on any interactions between the multilateral mechanism and any national access and
benefit sharing arrangements;
(i) Any available information on monetary benefits shared through the multilateral mechanism and
under national access and benefit-sharing measures;
(j) Information on any implications of the operation of the multilateral mechanism on the rights of
indigenous peoples and local communities, including women and youth within these communities;
(k) Information on any implications of the operation of the multilateral mechanism on the operations
of public databases on digital sequence information on genetic resources, in particular with respect to open
access, as well as any implications on research and innovation, including potential implications for data
governance including indigenous data governance
(l) Information on the interactions and any synergies between the operation of the multilateral
mechanism and other multilateral access and benefit-sharing instruments;
(m) A review of the interaction between the multilateral mechanism and any existing national
measures for access and benefit-sharing on digital sequence information on genetic resources;
(n) Any factors relevant to, subject to national circumstances, the feasibility on a case-by-case basis
of the voluntary extension of the multilateral mechanism to genetic resources at a later date;
(o) Information on new and emerging technologies that are relevant to the operation of the
multilateral mechanism;
(p) Information on any implications of the operation of the multilateral mechanism on the operation
of public databases on digital sequence information on genetic resources, including potential implications for
data governance and measures taken by entities operating such databases pursuant to paragraph 10 of the
annex;
(q) Information on the measures taken by Parties pursuant to paragraph 12 of the annex.
(r) Information on the functioning of the allocation formula.
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Section C
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