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National law on ABS

In 2017, Malaysia has enacted the Access to Biological Resources and Benefit Sharing 2017 (Act 795 / the Act) to implement the Convention on Biological Diversity and any protocol to the Convention dealing with access to biological resources and traditional knowledge associated with biological resources and the sharing of benefits arising from their utilization.

The Federal Constitution of Malaysia states that the states in the Malaysia Federation has the jurisdiction and right on its natural resources. As biological resource is part of natural resource, the Act does not restrict the right of a state to take action relating to access to biological resources and benefit sharing arising from their utilization, provided that such action is consistent with the objective and provisions of this Act.

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