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The Convention on Biological Diversity (CBD) is a multilateral treaty governing biodiversity conservation, sustainable resource use, and equitable benefit-sharing. For investigators and administrators in modern biological research and conservation biology, the treaty establishes the legal rules for international field collection, biological specimen export, genetic sequencing, and collaborative benefit-sharing.
What it is and who runs it
The Convention on Biological Diversity was opened for signature at the 1992 Rio Earth Summit and entered into force on December 29, 1993. The convention is administered by the CBD Secretariat, which is hosted by the United Nations Environment Programme (UNEP) in Montreal, Canada.
Governance is exercised by the Conference of the Parties (COP), which meets every two years to set policy and review implementation. Scientific and technical advice comes from the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA), established under Article 25.
Under Article 1, the Convention sets three primary objectives:
- Conservation of biological diversity: Protecting ecosystems, species, and genetic variety across in-situ and ex-situ settings.
- Sustainable use: Using biological components at rates that do not lead to long-term decline.
- Fair and equitable benefit-sharing: Ensuring benefits from genetic resource utilization are shared equitably with provider nations.
The CBD serves as parent to two major treaties: the Cartagena Protocol on Biosafety (2000, governing living modified organisms) and the Nagoya Protocol (2010, operationalizing access and benefit-sharing).
Eligibility (summary, with the official source)
As listed on the CBD Secretariat’s official list of Parties (checked 2026-11-07), the CBD has 196 Parties: 195 states plus the European Union.
Which country has not ratified the Convention on Biological Diversity?
The United States is the best-known state outside the treaty. It signed the Convention on June 4, 1993, but has not ratified it, so it is not a Party. The official list of Parties shows a signature and no ratification for the United States.
Why didn’t the US ratify the Convention on Biological Diversity?
The treaty was signed in 1993 but has never been approved by the U.S. Senate, whose consent is required for ratification. Commentary on the debate commonly cites concerns about intellectual property and technology transfer (Articles 15 and 16), the reach of the treaty into domestic regulation, and international funding obligations. These are characterizations by commentators, not text of the Convention, so see the U.S. State Department materials under Sources for the official position.
Non-ratification does not remove obligations abroad: U.S. researchers collecting biological samples in another country work under that country’s access laws, including those adopted to implement the CBD and the Nagoya Protocol.
What it funds or requires
Financial mechanisms supporting developing states are managed primarily through the Global Environment Facility (GEF) Trust Fund and the Global Biodiversity Framework Fund (GBFF). At COP16 in Cali, Colombia (2024), the parties adopted Decision 16/2 on a multilateral mechanism for benefit-sharing from Digital Sequence Information (DSI), including a global fund named the Cali Fund.
For research teams, the Convention and the national laws that implement it commonly raise the following points:
- Prior Informed Consent (PIC): Where a provider country requires it, investigators obtain approval from that country’s competent national authority before accessing genetic resources (Article 15).
- Mutually Agreed Terms (MAT): Access is typically governed by contractual terms—often integrated into ABS compliance for international material transfer agreements or a benefit-sharing agreement—specifying permitted uses and how benefits are shared.
- Scientific cooperation: Article 12 addresses research and training, and the Convention encourages cooperation with provider-country institutions.
Application or compliance steps
Cross-border biological fieldwork typically moves through the following compliance steps. Requirements differ by country, so confirm each with the national authority.
- Verify host nation requirements: Search the Access and Benefit-Sharing Clearing-House (ABSCH) to identify National Focal Points and applicable permit statutes.
- Submit a formal PIC application: Provide proposed sampling coordinates, species lists, collection methods, and analytical plans to the Competent National Authority.
- Negotiate Mutually Agreed Terms: Coordinate with university counsel to finalize agreements covering intellectual property, co-authorship, and non-commercial utilization.
- Obtain export and transport permits: Secure official export authorization, phytosanitary certificates, and CITES permits where applicable.
- Track sequence data and identifiers: When depositing data into GenBank or ENA, cross-reference the host-nation permit number or Internationally Recognized Certificate of Compliance (IRCC).
Typical timeline phases (no calendar dates as facts)
Compliance work generally runs through four phases, and the length of each depends on the provider country:
- Scoping: Contacting host-nation partners, drafting research proposals, and reaching out to national focal points.
- Permit review: Government review of access requests, any stakeholder consultation, and agreement of mutually agreed terms.
- Collection and export: Field sampling under active permits, specimen preservation, and customs inspection.
- Post-fieldwork reporting: Specimen curation, database deposition, joint publications, and any permit reports the provider country requires.
At the diplomatic level, the Conference of the Parties meets every two years. According to the CBD Secretariat, COP16 took place in Cali, Colombia, on 21 October to 1 November 2024, and COP17 was scheduled for Yerevan, Armenia, on 19 to 30 October 2026.
Common mistakes
Common compliance failures in international biodiversity studies include:
- Assuming home country non-party status provides an exemption: Provider countries apply their access laws to foreign scientists, whatever the researcher’s home country.
- Sampling under tourist visas: Collecting specimens without the research authorization and field permits the host country requires.
- Unapproved commercialization: Utilizing samples collected under academic research permits for commercial applications without renegotiated terms.
- Omitting permit metadata in public repositories: Publishing sequence data without linking back to provider-state permit records.
Related programs
The table below summarizes international agreements related to biodiversity research and specimen transfer:
| Agreement | Governing Entity | Focus Area | Key Research Requirement |
|---|---|---|---|
| Convention on Biological Diversity (CBD) | UNEP / CBD Secretariat | Global biodiversity conservation and sustainable use | Prior Informed Consent (PIC) and sovereign access rules |
| Nagoya Protocol | CBD Secretariat | Access and benefit-sharing operational framework | Internationally Recognized Certificates of Compliance (IRCC) |
| Cartagena Protocol | CBD Secretariat | Biosafety and living modified organisms (LMOs) | Advanced Informed Agreement (AIA) procedures |
| CITES | UNEP / CITES Secretariat | Trade and transport of endangered species | Scientific export and import permits |
| Plant Treaty (ITPGRFA) | FAO | Food crop and forage genetic resources | Standard Material Transfer Agreement (SMTA) |
| BBNJ Agreement | United Nations | Marine biodiversity in areas beyond national jurisdiction | Notification and benefit-sharing for marine genetic resources |
FAQ
What does the Convention on Biological Diversity do?
The Convention on Biological Diversity establishes international rules for conserving biodiversity, using biological resources sustainably, and sharing benefits from genetic resources equitably among its 196 Parties.
Which country has not ratified the Convention on Biological Diversity?
The United States signed the Convention in 1993 but has not ratified it, so it is not a Party.
Why didn’t the US ratify the Convention on Biological Diversity?
The Senate has never given its consent. Commentators commonly cite concerns about intellectual property, domestic regulation, and international funding obligations.
Which country will host the UN Convention on Biological Diversity in 2026?
Armenia. The 17th Conference of the Parties (COP17) was scheduled for Yerevan on 19 to 30 October 2026, according to the CBD Secretariat.
Do U.S. researchers need to follow CBD rules abroad?
Yes in practice. Host countries apply their own access and benefit-sharing laws to foreign scientists, which can include prior informed consent and permits, whatever the researcher’s nationality.
What is Digital Sequence Information (DSI)?
Digital Sequence Information refers to digitized genetic sequences (DNA, RNA, proteins). Under COP16 Decision 16/2, the parties adopted a multilateral mechanism for benefit-sharing from the use of these data, including the Cali Fund.
Sources
- Secretariat of the Convention on Biological Diversity (CBD) — Text of the Convention (1992): https://www.cbd.int/convention/text/ (checked 2026-11-07).
- United Nations Treaty Collection — Convention on Biological Diversity, status: https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-8&chapter=27&clang=_en (checked 2026-11-07).
- CBD Secretariat — Conferences of the Parties (COP16 and COP17 dates and venues): https://www.cbd.int/cop (checked 2026-11-07).
- CBD Secretariat — List of Parties: https://www.cbd.int/convention/parties/list (checked 2026-11-07).
- CBD Secretariat — Digital sequence information and the Cali Fund (Decision 16/2): https://www.cbd.int/dsi-gr (checked 2026-11-07).
- Access and Benefit-Sharing Clearing-House (ABSCH) — National Records and Focal Points: https://absch.cbd.int/ (checked 2026-11-07).
- U.S. Department of State — Bureau of Oceans and International Environmental and Scientific Affairs Policy Briefs: https://www.state.gov/bureaus-offices/under-secretary-for-economic-growth-energy-and-the-environment/bureau-of-oceans-and-international-environmental-and-scientific-affairs/ (checked 2026-11-07).
