Memorandum of Understanding

Citation

Global Biodiversity Information Facility (2010) GBIF Memorandum ofUnderstanding.

DOI

https://doi.org/10.15468/doc.ajz7-qt28

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Memorandum of Understanding
Approved by the GBIF Governing Board at the annual Board Meeting (GB17)
in Suwon, Republic of Korea, October 2010

Memorandum of understanding
for the Global Biodiversity
Information Facility
The signatories to this non-binding Memorandum of Understanding (MOU), being
countries, economies, inter-governmental or international organizations, otherorganizations with an international scope, or entities designated by them, have decided
that a co-ordinated international scientific effort is needed to enable users throughout
the world to openly share and put to use vast quantities of global biodiversity data,
thereby advancing scientific research in many disciplines, promoting technological andsustainable development, facilitating the conservation of biodiversity and the equitable
sharing of its benefits, and enhancing the quality of life of members of society. The
importance of making biodiversity data openly available to all countries and individuals isunderscored by various international agreements.
Recognising this need, the delegates to the Meeting of the OECD Committee for Scientificand Technological Policy at Ministerial Level in Paris on 22–23 June 1999 endorsed therecommendation that a Global Biodiversity Information Facility (hereinafter referred toas “GBIF”) be established, with open-ended participation.
Noting that GBIF was established in March 2001, and that the first and second MOU for
GBIF had each a duration of five years (2001-2006/2007-2011), the signatories to thisMemorandum of Understanding hereby express their intention either to continue their
existing Participation in GBIF or to become new Participants in GBIF as a mechanism oftechnical and scientific international co-operation.

Table of Contents
p. 4

1

Definitions

p. 5

2

Understandings

p. 6

3

Objectives

p. 8

4

The Governing Board

p. 12

5

The GBIF Secretariat Host

p. 13

6

The GBIF Secretariat

p. 14

7

The Executive Secretary

p. 15

8

Intellectual Property

p. 17

9

Financep. 19

10Association and Disassociation of Participants

p. 20

11

Other matters and signature page1

Memorandum of Understanding

Paragraph 1

Definitions
1.

Biodiversity Data
In the context of this MOU, biodiversity data refers to scientific data, primarily about
biological species and about specimens or observations of individual organisms.

2.

Participant
A country, economy, inter-governmental or international organization, other organization
with an international scope, or an entity designated by them that has signed this MOU
and has expressed its intention to implement the contents thereof. A Participant may
designate an entity to take part in the operations of GBIF and to act for the Participant insuch matters as the Participant chooses to delegate to it.

3.

Participant Biodiversity Information Facility (BIF or Node)A mechanism by which a Participant coordinates and supports its GBIF networked datasharing activities.
The Participant BIF has the overall objective of promoting, coordinating and facilitating
the mobilization and use of biodiversity data among all the relevant stakeholders
within the Participant’s domain, primarily to help address the Participant’s biodiversity
information needs and priorities.
The Participant BIF should be the main mechanism by which the GBIF Participant
coordinates with, contributes to and benefits from the central services, infrastructure,and capacity provided by GBIF as a globally decentralised initiative.
A Participant BIF includes both physical infrastructure and human resources.
Typically a Participant BIF encourages and supports the activities of the Participant’s
data publishers to both contribute and use GBIF-served data, provides information
technology (IT) infrastructure and expertise for GBIF-related activities, and functions as
an information gateway among Participants, other stakeholders, and the GBIF Secretariat.

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Memorandum of Understanding

Paragraph 2

Understandings
1.

GBIF is an open-ended international co-ordinating body set up with the overall aim offurthering technical and scientific efforts to develop and maintain a global information
facility for sharing of digital biodiversity data.

2.

The Participants’ involvement in this MOU is subject to the goodwill and effective
contribution to GBIF activities and operations, either financially or through any of theactivities described in Paragraph 3.3, and is subject to the laws and regulations applicableto the individual Participants.

3.

Nothing in this MOU should be read to contradict the principles of the Convention on
Biological Diversity and other relevant Conventions.

4.

This MOU continues the goals and intents of the previous GBIF MOUs in order to sustain
the benefits of GBIF and allow its continued existence and development. The Governing
Board may decide on suitable arrangements to facilitate the continued involvement andtransition of the Participants from the latest MOU (2007- 2011) to this one.

5.

This document is not legally binding and has no effect as a legal or political precedent.

6.

Basic Financial Contributions to GBIF whenever mentioned in this MOU are voluntary
contributions decided by each Voting Participant.

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Memorandum of Understanding

Paragraph 3

Objectives
1.

PurposeThe purpose of GBIF is to promote, co-ordinate, design, enable and implement thecompilation, linking, standardization, digitization and global dissemination and useof the world’s biodiversity data, within an appropriate framework for property rights
and due attribution. GBIF works in close co-operation with established programmes
and organizations that compile maintain and use biological information resources. The
Participants, working through GBIF, establish and support a distributed information
system that enables users to access and utilise considerable quantities of existing andnew biodiversity data.

2.

Goals of GBIF
It is the intention of the Participants that GBIF:
a. be shared and distributed, while encouraging co-operation and coherence;b. be global in scale, though implemented nationally and regionally;c. be accessible by individuals anywhere in the world, offering potential benefits to all,while being funded primarily by those that have the greatest financial capabilities;
d. promote standards and software tools designed to facilitate their adaptation into
multiple languages, character sets and computer encodings;
e. serve to disseminate technological capacity by drawing on and making widely
available scientific and technical information; andf. make biodiversity data universally available, while fully acknowledging thecontribution made by those gathering and publishing these data.

3.

Involvement of the Participants
Each Participant signing this MOU should seek to:a. participate actively in the formulation and implementation of the GBIF Strategic
Plan and the Work Programme, both cooperatively in the Governing Board andthrough development of national policies as appropriate;63

Memorandum of Understandingb. share biodiversity data through GBIF under a common set of technical standards
and within an intellectual property rights framework (such as that described in
Paragraph 8);
c. form a Participant Biodiversity Information Facility (with a Node or networkof Nodes), to organize and/or provide access to biodiversity data and metadata,
standards, software tools or other services to enhance the GBIF network. If an ‘Other
Associate Participants’ as defined in 4.2 b(v) - cannot share data and establish a BIF,
the Participant may in its petition to become a GBIF Participant outline in what way
it intends to be relevant and actively contribute to the achievements of GBIF’s overallpurpose and some of the goals of GBIF (See 3.1 and 3.2);
d. secure its national intellectual, technological and data mobilization investments as
a Participant in GBIF;
e. as appropriate, make other investments in biodiversity information infrastructure
in support of the GBIF mission and national, regional and international needs, as wellas help to co-ordinate and harmonise the biodiversity informatics programmes of theParticipants, andf. as appropriate, contribute to training and capacity development for promoting global
access to biodiversity data, including implementing specific programs to enhance thebiodiversity informatics capacity and technical skills base of developing countries.

4.

Co-operation and Co-ordination
The Participants intend to encourage co-operation amongst themselves in theimplementation of GBIF and in the development of joint work programmes in areas ofmutual interest with the Secretariat of the Convention on Biological Diversity and otherappropriate bodies and initiatives to avoid duplication and to benefit from existing
resources and expertise.

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Memorandum of Understanding

Paragraph 4

The Governing Board
1.

Role and Purpose
The Governing Board is the means by which the Participants make collective decisions
on all matters relating to GBIF, which both the Participants and the Secretariat then carryout coordinated or facilitated by the Secretariat.

2.

Composition
The Governing Board consists of one representative from each Participant.
There are two modes of participation:
a. Voting Participants
Voting Participants are those Participant countries that have decided to make a financial
contribution as outlined in Paragraph 9 and the GBIF Financial Regulations and havemade a financial arrangement as described in Paragraph 10.2.
b. Associate Participants
There are two categories of Associate Participantsi. Associate Participant Countries: those Participant countries that have not yet decided
to make a financial contribution as outlined in Paragraph 9 and the GBIF Financial
Regulations.
ii. Associate Participant Countries are eligible and encouraged to become Voting
Participants as soon as possible.
iii. The category of an Associate Participant Country is a temporary category of up to five
years duration from the date when the Associate Participant Country signs the MOU. (Forextension of the period see iv). During this period the Associate Participant Country may
decide to become either a Voting Participant in accordance with Paragraph 4.2 a; or an
Observer in accordance with Paragraph 4.4 or may withdraw from GBIF.
iv. Associate Participant Countries may apply to the Executive Committee for an
extension of time as an Associate Participant Country if plans for moving to Voting
Participant status cannot be accomplished within five years after signing the MOU.
v. Other Associate Participants: Intergovernmental organizations, international

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Memorandum of Understandingorganizations, other organizations with an international scope and economies are
categorised as Other Associate Participants and are not eligible to become Voting
Participants. This category is not limited in time.
Associate Participants are encouraged to take part in the deliberations of the Governing
Board, but may not vote.

3.

Additional Participants
The Secretariat of the Convention on Biological Diversity is invited to designate a nonvoting representative to the Governing Board.

4.

Observers
Countries or organizations or other international bodies that have not signed the MOU,
but are interested in sharing biodiversity data and follow the activities of GBIF, may
be recognized by the GBIF Governing Board as observers as well as former Associate
Participant Countries deciding to be observers. (See 4.2.b(iii))

5.

Votinga. The Governing Board works by consensus where mandated in this MOU. Suchconsensus means consensus of Voting Participants present.
b. In all other decisions, the Governing Board should strive to work by consensus
whenever possible. If consensus is not reached after reasonable attempts have been
made, then decisions will be made by super-majority, unless the Governing Board has
decided in its Rules of Procedure to decide by simple majority.
c. A super-majority vote is the affirmative vote of a two-thirds majority of theParticipants present and voting.
d. A simple majority vote is the affirmative vote of more than one-half of theParticipants present and voting.

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Memorandum of Understanding

e. In all cases in which this MOU expressly provides that the Governing Board act
by means of a consensus decision or a vote of the Participants present and voting,“present” can mean face-to-face, by telephone, Internet, video conference, or otherpractical means determined in advance by the Governing Board.

6.

Responsibilities
The Governing Board may:a. establish its Rules of Procedure and such subsidiary bodies as it sees necessary for its
proper functioning and the achievement of GBIF goals;
b. formalise relationships with organizations that may assist GBIF to achieve its goals;c. adopt a multi-year Strategic Plan for GBIF and a multi-year Budget Plan with anassociated Table of suggested Basic Financial Contributions (See also 9.1 (a) and (d));
d. adopt the Work Programme and the annual Budget;e. monitor the Strategic Plan, the Work Programme and the Budget and make adjustments
as needed;
f. decide the timing and scope of independent reviews of GBIF, implementation,
governance, impact or uptake;g. review and adjust, by consensus, the Guidelines for calculating Basic Financial
Contribution;h. adopt such rules, regulations and policies as may be required for the operations of GBIF;
i. monitor the performance of the GBIF Secretariat Host; if necessary, the Governing Board
may replace the GBIF Secretariat Host;j. select the Executive Secretary; the Governing Board may also remove the Executive
Secretary;k. approve the Staff Rules for the GBIF Secretariat based on recommendations from the
Executive Secretary;l. provide guidance and direction to the Executive Secretary on the duties of the position
and monitor the Executive Secretary’s performance;

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Memorandum of Understanding

m. approve the annual financial statement and select the audit company;n. carry out other functions conferred upon it by this MOU; ando. consider any matters pertaining to GBIF or its operations submitted to it by the Executive
Secretary, the GBIF Secretariat Host, or by any Participant.

7.

Executive Committee
The Governing Board may establish an Executive Committee that is responsible formonitoring the performance of the Secretariat in implementing the decisions of theGoverning Board, including the Strategic Plan, governance issues, the Work Programmes,and budgets, and for making those intersessional decisions delegated to it by theGoverning Board.

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Memorandum of Understanding

Paragraph 5

The GBIF Secretariat Host
1.

Role and Purpose
The GBIF Secretariat Host will provide the location, facilities and services mutually
decided upon in an arrangement between the Governing Board and the GBIF Secretariat
Host. The services may cover staff management, financial management, accountancy,
legal assistance, etc. The GBIF Secretariat Host may house the GBIF Secretariat andmanage it in accordance with the laws in force in the country of the GBIF Secretariat
Host. The GBIF Secretariat Host is to also to obtain or provide legal status for the GBIF
Secretariat.

2.

Reimbursement of Costs
a. In accordance with prior financial arrangements with the GBIF Secretariat, expenses
and costs reasonably and properly incurred by the GBIF Secretariat Host in supporting
the GBIF Secretariat, above those costs that the GBIF Secretariat Host itself has consented
to provide may be paid from the funds collected pursuant to Paragraph 9.
b. Neither the GBIF Secretariat Host, nor its experts, employees, agents,
representatives or contractors are to commit the Participants to any expenditure
beyond what is available in the Central Fund, as defined in Paragraph 9.1(b).

126Memorandum of Understanding

Paragraph 6

The GBIF Secretariat
1.

Role and Responsibility
The GBIF Secretariat is to execute the Work Programme in accordance with the StrategicPlan, and spend the Budget, under the direction of the Executive Secretary.

2.

Designation
The GBIF Secretariat consists of the Executive Secretary and such other staff as are judged
necessary by the Governing Board.

3.

Accountability
The GBIF Secretariat is accountable through the Executive Secretary to the Governing Boardfor the execution of all scientific, financial and administrative activities undertaken to
implement the GBIF Work Programme. The activities of the GBIF Secretariat will be subject
to the laws and regulations in force in the country of the GBIF Secretariat Host.

4.

Tasks
The GBIF Secretariat :a. employs the Executive Secretary and other GBIF Secretariat staff;
b. holds the Central Fund described in Paragraph 9.1;
c. is responsible for developing financial arrangements with Voting Participants
specifying how those Participants make their financial contributions to the Central
Fund; andd. hold in trust, and for the benefit of the Participants, all assets which may accrue to or
be acquired for GBIF.

5.

Cooperation
The GBIF Secretariat may, as appropriate, conclude memorandums of cooperation withnational or regional biodiversity facilities or organizations with the purpose of coordinatingcollective efforts as specified in Paragraph 3.3 e and f.

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Memorandum of Understanding

Paragraph 7

The Executive Secretary1.

Role and Authority
a. The Executive Secretary acts as the chief executive officer of GBIF and the Executive
Director of the GBIF Secretariat.
b. The Executive Secretary has the authority, within limits and guidelines decided by theGoverning Board, and, subject to the provisions of this Memorandum of Understanding,to enter into contracts and administer funds on behalf of GBIF.
c. The activities of the Executive Secretary are subject to the laws and regulations in force
in the country of the GBIF Secretariat Host.

2.

Accountability
The Executive Secretary is accountable to the Governing Board for all scientific, financial
and administrative activities of the GBIF Secretariat.

3.

Responsibilities
The responsibilities of the Executive Secretary include:a. implementing the Work Programme and expenditure of the Budget;b. hiring such staff as may be required to carry out the Work Programme;
c. supervising the work of the GBIF Secretariat and its staff, including consultants andseconded personnel;
d. preparing and submitting to the Governing Board, no later than three months before
the beginning of each financial year, either a draft Work Programme and/or an update
on a previously approved Work Programme together with a Budget Proposal for theforthcoming financial year - including a forecast. The Budget Proposal will in addition
include information on the status of the Supplementary or other Funds (See 9.2 and 9.3);
e. providing the Governing Board with an audited annual Financial Report for approval;
f. providing the Governing Board with a substantive Annual Report; andg. representing GBIF as appropriate.

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Memorandum of Understanding

Paragraph 8Intellectual Property
1.

Applicable Law
Nothing in this MOU should be read to alter the scope and application of Intellectual
Property Rights and benefit sharing agreements as determined under relevant laws,
regulations and international agreements of the Participants.

2.

Access to Data
To the greatest extent possible, GBIF is an open-access facility. All users whether GBIF
Participants or others, should have equal access to data in databases affiliated with ordeveloped by GBIF.

3.

Intellectual Property Rights to Biodiversity Data
GBIF promotes the free dissemination of biodiversity data and, in particular:
a. should not assert any proprietary rights to the data in databases that are developedby other organizations and that subsequently become affiliated to GBIF;
b. should seek, to the greatest extent possible, to make freely and openly available,with the least possible restrictions on reuse, any data commissioned, created ordeveloped directly by GBIF; andc. should respect conditions set by data publishers that affiliate their databases to
GBIF.
When establishing affiliations or linkages with other databases, GBIF should seek toensure that the data so made available will not be subject to limitations on the further
non-commercial use and dissemination of those data, apart from due attribution of
their source.

4.

Attribution
GBIF seeks to ensure that the publisher/holder of data is acknowledged and requests thatsuch attribution be maintained in any subsequent use of the data.

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Memorandum of Understanding

5.

Access to Specific Data
Nothing in this MOU should be read to restrict the right of publisher/holder of databases
affiliated with GBIF to restrict access to any data.

6.

Validity of Data
It should be a condition of access to and use of GBIF accessible data that users
acknowledge that the validity of the data in any databases affiliated with GBIF cannot be
assured. GBIF disclaims responsibility for the accuracy and reliability of the data as well
as for the suitability of its application for any particular purpose.

7.

Legitimacy of Data Collection
Where the collection of new data has entailed access to biodiversity resources, GBIF
should ask for reasonable assurances from the data publisher/holder that such access
was consistent with applicable laws, regulations and any relevant requirements for priorinformed consent.

8.

Intellectual Property Rights to Biodiversity Tools
GBIF may claim appropriate Intellectual Property Rights available within applicablenational jurisdictions over any tools, such as search engines or other software productsthat are developed by GBIF while carrying out the GBIF Work Programme.

9.

Technology Transfer
The Participants acknowledge that, subject to any relevant Intellectual Property Rights,
GBIF should seek to promote the non-exclusive transfer, on mutually decided terms,
to research institutions, particularly in developing countries, of such informatics
technology as it has available, especially in conjunction with training and capacity
development programs.

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Memorandum of Understanding

Paragraph 9

Finance1.

Basic Financial Contributions
a. Basic Financial Contributions are the annual contribution to GBIF from Voting
Participants calculated according to approved Guidelines for calculating Basic Financial
Contributions (See 4.6(g)). A Table of suggested Basic Financial Contributions for Voting
Participants should be calculated and presented by the GBIF Executive Committee forapproval by the Governing Board on a multi-year basis. This Table should indicate thesuggested contributions in actual figures for each Voting Participant for each of the years
in a multi-year period calculated on the basis of an approved multi-year Budget Plan for
GBIF.
b. The Governing Board may decide by consensus to change - based upon the Guidelines
for calculating Basic Financial Contributions (See 4.6(g)) - the approved Table ofsuggested Basic Financial Contribution during the multi-year period.
c. The annual contributions are to be transferred to the GBIF Secretariat in accordancewith the financial arrangements described in Paragraph 10.2 to be held by the GBIF
Secretariat in a Central Fund and used as stipulated in the Budget approved by Governing
Board.
d. The Governing Board is to approve by consensus a new Table of suggested Basic
Financial Contributions for Voting Participants for a next multi-year period well inadvance of the expiration of the current approved Table of Basic Financial Contributions.

2.

Supplementary Financial Contributions
a. In addition to Basic Financial Contributions, both Voting and Associate Participants
may make Supplementary Financial Contributions to fund specific parts of the Work
Programme, or for other specified purposes decided upon by the Governing Board.
Those specified purposes may include facilitating attendance by Participants fromdeveloping countries at meetings of the Governing Board.
b. Other Income (also regarded as Supplementary Financial Contributions)
The Secretariat may accept other income from additional sources (e.g. foundations,
agencies, research councils, and private companies) offered for the purposes set out inthis MOU and the Strategic Plan.

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Memorandum of Understandingc. Supplementary Financial Contributions are to be held by the GBIF Secretariat
separate from the Basic Financial Contributions. Funds may only be used for the
purposes specified by the contributor.

3.

Costs Borne by ParticipantsParticipants bear the costs of their own participation in GBIF, including the costsof establishing and supporting their Participant Biodiversity Information Facility,
programmes for digitization of biodiversity data, formulating or transmitting reports,
travel costs for their delegates, and other expenses related to attendance by theirrepresentatives at meetings of the Governing Board and other GBIF functions, events, andactivities.

4.

Crediting of Income
Any income generated in the course of GBIF activities that accrues to the GBIF Secretariat
is to be used for advancing the GBIF Work Programme.

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Memorandum of Understanding

Paragraph 10

Association andDisassociation of Participants
1.

Association of Participants
Association with GBIF is open to any country, economy, inter-governmental, internationalorganization or organization with an international scope or to an entity designated by themas described in Paragraph 1.2. Such association becomes effective upon signature of this
MOU.

2.

Participant Status
a. A country that has signed the MOU becomes a Voting Participant on the Governing
Board by deciding to make a Basic Financial Contribution and making the financial
arrangement negotiated with the GBIF Secretariat, as described in Paragraph 6.4(c). This
arrangement sets out the Voting Participant’s financial contribution calculated on thebasis of the approved Guidelines for calculating Basic Financial Contributions (See 4.6(g))
and the period for which the arrangement is valid.
b. In order to retain voting rights a Voting Participant is requested to make its financial
contribution each year within the first three months of the GBIF financial year, unless the
Executive Committee has approved a later payment arrangement for the financial year.
The voting rights of a Voting Participant that is more than one financial year behind paying
its basic financial contribution in accordance with the financial arrangement will besuspended until it has made all outstanding financial contributions.

3.

Disassociation of Participantsa. Any Participant may disassociate itself from this MOU by advising the Governing Boardin writing of its intention to do so and of the effective date of disassociation.
b. In the event of disassociation of a Voting Participant, the Governing Board may
decide by consensus to adjust the Work Programme and the Budget to take account ofsuch disassociation or, again by consensus, may decide to adjust the contributions ofParticipants to the Budget in accordance with the approved Guidelines for calculating
Basic Financial Contribution (See 4.6(g)).

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Memorandum of Understanding

Paragraph 11

Other Matters andSignature Page
1.

Duration
GBIF is intended to be an open-ended long-term cooperative endeavour in order to sustain
the benefits of access to biodiversity data.

2.

Discontinuation
The Voting Participants, acting by consensus, may discontinue this MOU at any time.
In a situation where discontinuation has been so decided the GBIF Secretariat, actingin accordance with the laws of the jurisdiction in which it is located will arrange for theliquidation of the assets of GBIF; property held by the GBIF Secretariat for the benefit of
the Participants is to be regarded, for this purpose, as assets of GBIF. In the event of suchliquidation, the GBIF Secretariat, so far as practicable, will distribute any assets of GBIF
or the proceeds there from, in proportion to the Basic Financial Contributions which theParticipants have made from the beginning of the operation of GBIF.

3.

Modifications
Excepting paragraph 2 (5), this MOU may be modified at any time by the Governing Board
through a consensus vote of all the representatives of all the Voting Participants.

Signing the MOU to become/continue as a Voting Participant (countries only)
Signing the MOU to become/continue as an Associate Participant

Official GBIF Participant name¹: .............................................................................................................................
...................................................................................................................................................................................................

Signature: ............................................................................................................................................................................
Date: ..............................................................................

Place: ....................................................................................

1. Country or organization name as you would like it to appear in all official GBIF correspondence; letters, website, etc.

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