In its present form, advise has been sought from Attorney Generals Chambers, Scientists working in the area of plant genetic resources, Legal officers, and Directors of relevant institutions. Discussions to strengthen the Agreement continue in a reiterative process. Some of the key clauses of the IMTA are presented to clarify the contents of the IMTA and the rational of its clauses. The clause clearly restricts the material to be collected to seeds. However, in case other genetic material is inadvertently transferred to RBG, Kew, such material belong to the Government of Kenya and subject to the terms and conditions of the contract.
Research is confined only to seed viability tests to determine the longevity of seeds in the store.
The IMTA advocates that seedlings and any other derivatives that will arise from these tests should be destroyed. Any further research especially research which could unlock potential use of the PGR is strictly prohibited. However, the Agreement allow RBG, Kew or any other party to approach the Government of Kenya to enter into a separate Agreement concerning access of the PGR for any other use beside safe banking. It is clearly pointed out that the material, the progeny and any derivative are owned by the Government of Kenya. It is clearly pointed out that that the Government of Kenya has a prerogative authority to repatriate the material should a reasonable need arise.