This Decision shall enter into force on the day of its adoption.

The Council Secretariat General shall establish the instrument of full powers to sign the Agreement, subject to its conclusion, for the person(s) indicated by the Commission.

The text of the Agreement to be signed is attached to this Decision.

The signing of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.

(5)Therefore, the Agreement should be signed on behalf of the European Union, subject to its conclusion at a later date.

(4)The negotiations with the Co-operative Republic of Guyana in view of the conclusion of a Voluntary Partnership Agreement on forest law enforcement, governance and trade in timber products (hereinafter referred to as ‘the Agreement’), were successfully concluded by the initialling of the Agreement on 23 November 2018.

(3)On 20 December 2005, the Council adopted Regulation (EC) No 2173/2005 which established a FLEGT licensing scheme for imports of timber into the Union from countries with which the Union has concluded voluntary partnership agreements.

(2)On 5 December 2005, the Council authorised the Commission to open negotiations with timber-producing countries on partnership agreements to implement the EU Action Plan for Forest Law Enforcement, Governance and Trade.

(1)In May 2003, the Commission adopted the Communication to the Council and the European Parliament Forest Law Enforcement, Governance and Trade (FLEGT): proposal for an EU action plan, which called for measures to address illegal logging by developing voluntary partnership agreements with timber-producing countries. Council conclusions on the action plan were adopted in October 2003 and a European Parliament resolution on the subject was adopted on 11 July 2005,

Having regard to the proposal from the European Commission,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union

•Detailed explanation of the specific provisions of the proposal

This initiative does not have budgetary implications.

This proposal is in line with Article 218(6)(a)(v) of the TFEU, which provides that the Council adopts decisions on concluding international agreements.

The conclusion of this Agreement is in line with the EU FLEGT Action Plan and does not go beyond what is necessary to achieve its aims.

Since the Agreement provides a legal framework to ensure all timber and timber product imports into the EU from Guyana have been legally produced, the EU has exclusive competence to conclude it in line with the first subparagraph of Article 207(3) and the first subparagraph of Article 207(4) of the TFEU. Article 218(6)(a)(v) of the TFEU provides that the Council concludes such agreements. Article 218(7) of the TFEU empowers the Council to authorise the negotiator to approve amendments to the Agreement on the EU’s behalf, where the Agreement provides for amendments to be adopted by a simplified procedure or by a body set up by the Agreement.

The legal basis is the first subparagraph of Article 207(3) and the first subparagraph of Article 207(4) of the Treaty on the Functioning of the European Union (TFEU), combined with Article 218(6)(a)(v) and Article 218(7).

The conclusion of this Agreement is relevant for EU development cooperation policy because it promotes trade in legally harvested timber and strengthens forest governance in Guyana by improving transparency, accountability and participation by stakeholders. The Agreement will also strengthen sustainable forest management and will contribute to combating climate change through reduced emissions caused by deforestation and forest degradation.

The proposal is consistent with Regulation (EU) No 995/2010 because the timber products, covered by FLEGT licences issued in Guyana according to the Agreement, will be deemed legally harvested as laid down in Article 3 of that Regulation.

The Agreement provides for import controls at the EU’s borders under Regulation (EC) No 2173/2005 on the FLEGT licensing scheme and Regulation (EC) No 1024/2008 laying down detailed measures for implementing it. The Agreement describes Guyana's FLEGT licence, which uses the format prescribed in the Implementing Regulation (EC) No 1024/2008.

The Agreement is underpinned by the principle of non-discrimination, which means that stakeholders from both within and outside the forestry sector will be involved. These include those from the private sector, civil society, local and indigenous communities, as well as other people dependent on forests.

Besides the products set out in Annex II to Regulation (EC) No 2173/2005, the Agreement also covers all timber products currently produced in, imported into, and exported from Guyana.

The Agreement establishes a Joint Monitoring and Review Committee for dialogue and cooperation between the EU and Guyana on the licensing scheme. It sets out principles for involving stakeholders, social safeguards, and accountability and transparency. It also describes how complaints are handled and how monitoring and reporting will be carried out.

Guyana also commits to reviewing its forestry laws and strengthen them where necessary. It has also set out a framework to monitor compliance and for independent evaluations of the system. To carry out these measures, the parties have agreed to an ambitious timeline of 6 years (from the entry into force). These elements are set out in annexes to the Agreement, which provide a detailed description of the structures that will support the development of the Guyana Timber Legality Assurance System, as well as criteria to take a future decision to start the FLEGT licensing scheme.

The Voluntary Partnership Agreement between the EU and Guyana addresses all elements of the Council negotiating directives. In particular, it establishes a licensing scheme that checks and confirms the legality of timber products exported to EU and non-EU countries, as well as timber sold domestically. For imported timber, Guyana commits to ensure that such timber has been harvested according to the law of the country of origin. To do this, Guyana will enact specific legislation based on due diligence principles. The definition of legality is based on a comprehensive set of national and international laws ratified by Guyana, reflecting the three strands of sustainable forest management.

The Commission entered into negotiations with the Co-operative Republic of Guyana in 2013. The Commission has kept the Council updated on progress regularly, with reports to the Working Party on Forests and the FLEGT/EU Timber Regulation Committee. The Commission has also kept the European Parliament and stakeholders informed about the negotiations.

In 2005, the Council authorised the Commission to negotiate FLEGT partnership agreements with timber-producing countries.

The action plan on forest law enforcement, governance and trade (FLEGT), endorsed by the Council in 2003, proposes a set of measures to stop illegal logging. These measures include support to timber-producing countries, multilateral collaboration to tackle trade in illegal timber, support to private sector initiatives, and action to discourage investment in activities that encourage illegal logging. The cornerstone of the action plan is the establishment of FLEGT partnerships between the EU and timber-producing countries. In 2005, the Council adopted Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community, that enables checking the legality of timber imported into the EU under FLEGT partnerships.

•Reasons for and objectives of the proposal

on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union

EUROPEAN COMMISSION Brussels, 10.5.2022 COM(2022) 199 final ANNEX

to the Proposal for a



COUNCIL DECISION on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union



VOLUNTARY PARTNERSHIP AGREEMENT

BETWEEN THE EUROPEAN UNION AND

THE CO-OPERATIVE REPUBLIC OF GUYANA

ON FOREST LAW ENFORCEMENT, GOVERNANCE AND

TRADE IN TIMBER PRODUCTS TO THE EUROPEAN UNION EUROPEAN UNION, hereinafter referred to as "the Union", and THE COOPERATIVE REPUBLIC OF GUYANA, hereinafter referred to as "Guyana", Hereinafter referred to together as "the Parties", CONSIDERING the close working relationship between the Union and Guyana, particularly in the context of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, revised in Luxembourg on 25 June 2005 and in Ouagadougou on 22 June 2010 (hereinafter referred to as "the Cotonou Agreement"); CONSIDERING the Joint Caribbean-EU Partnership Strategy developed on the basis of the decision of the May 2010 EU-Caribbean Forum of the African, Caribbean and Pacific Group of States (CARIFORUM) Summit held in Madrid and elaborated jointly by the Union and the CARIFORUM States; CONSIDERING the regional agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean adopted in Escazú, Costa Rica, on 4 March 2018;



CONSIDERING the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part; CONSIDERING the Communication from the Commission to the Council of the European Union and the European Parliament entitled "Forest Law Enforcement, Governance and Trade (FLEGT) – Proposal for an EU Action Plan" as a first step towards addressing urgent issues of illegal logging and associated trade;

REAFFIRMING the commitment of the Parties to the Charter of the United Nations and having regard to the principles articulated in the Universal Declaration of Human Rights and the United Nations Declaration on the Rights of Indigenous Peoples; REAFFIRMING the commitment of the Parties to the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights; REAFFIRMING the importance of the principles and commitments set out in the Declaration of the 2030 Agenda for Sustainable Development of 2015, in particular the commitment to achieve sustainable development in its three dimensions – economic, social and environmental – in a balanced and integrated manner;



RECALLING in this respect the Sustainable Development Goals and its targets, in particular target 15.2 which promotes, by 2020, the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally; AWARE of the importance of the principles of sustainable forest management set out in the 1992 Rio Declaration on Environment and Development and, in particular, of Principle 10 concerning the importance of public awareness, involvement and participation in environmental issues, of Principle 20 concerning the role of women in environmental management and development, and of Principle 22 concerning the vital role of indigenous peoples and their communities and other local communities in environmental management and development; RECOGNISING the role of forests as a key climate mitigation and adaptation solution and RECALLING in this context the Paris Agreement on Climate Change, in particular Article 5 thereof, which calls for reducing emissions from deforestation and forest degradation, enhancing conservation and sustainable management; HAVING REGARD to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and in particular, the requirement that CITES export permits issued by the Parties to CITES for specimens of species listed in Appendices I, II and III of the Convention be granted only under certain conditions, in particular that such specimens were not obtained in breach of the relevant laws for the protection of fauna and flora;



REAFFIRMING the importance attached by the Parties to the principles and rules that govern multilateral trade, in particular the rights and obligations laid down in the General Agreement on Tariffs and Trade (GATT) 1994 and in other multilateral agreements listed in Annex 1A to the Marrakesh Agreement of 15 April, 1994 establishing the World Trade Organization (WTO) and the need to apply them in a transparent and non-discriminatory manner; HAVING REGARD to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community; RECOGNISING the commitment of Guyana to continue promoting good governance, sustainable forest management, law enforcement and trade in legal timber;

RECOGNISING that the implementation of a FLEGT Voluntary Partnership Agreement will further reinforce sustainable forest management and contribute to combating climate change through reduced emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries (REDD+); ACKNOWLEDGING that the Guyana Timber Legality Assurance System is designed to ensure the legality of all timber products covered by this Agreement irrespective of the destination;



ACKNOWLEDGING the importance of involving in the implementation of this Agreement all relevant stakeholders, through their own representative institutions, from both within and outside the forestry sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on the forests; REAFFIRMING its commitments under the Constitution, national legislation and international instruments, Guyana will set up effective mechanisms to allow all relevant stakeholders to contribute to the implementation of this Agreement; RECOGNISING that the publication of non-confidential information is essential in facilitating the full and effective participation of all relevant and concerned stakeholders within and outside the forestry sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, and that the provision of information is therefore central to the implementation of this Agreement; RESOLVED to minimise any adverse effects on relevant stakeholders within and outside the forest sector that may arise as a consequence of the implementation of this Agreement, HEREBY AGREE AS FOLLOWS:



ARTICLE 1 Objective

The objective of this Agreement, consistent with the Parties' common commitment to the sustainable management of all types of forests, is to provide a legal framework aimed at ensuring that all imports into the Union from Guyana of timber products covered by this Agreement have been legally produced and, thereby, to promote trade in timber products. In addition, this Agreement provides a basis for dialogue and cooperation between the Parties to facilitate and promote full implementation of this Agreement and enhance forest law enforcement and governance. ARTICLE 2 Definitions For the purposes of this Agreement, the following definitions apply: (a) Competent authority(ies) means the authority(ies) designated by Member States of the Union to receive, verify and accept FLEGT licences;



(b) "export" means the physical leaving or taking out of timber products from any part of the geographical territory of Guyana; except for timber products in transit through Guyana; (c) "FLEGT licence" means a document set out in Appendix 1 of Annex IV which confirms that a shipment has been legally sourced and verified in accordance with the criteria laid down in this Agreement; (d) "HS code" refers to the four- or six-digit code as set out in the nomenclature of the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System of the World Customs Organization; (e) "import into the Union" means the release for free circulation into the Union, within the meaning of Article 201 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, of timber products which cannot be classified as "goods of a non-commercial nature" as defined in point 21 of Article 1 of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code;

(f) "Independent Auditor" means the person or entity who shall, at intervals, assess the operation, credibility and efficiency of the Guyana Timber Legality Assurance System;



(g) "Joint Monitoring and Review Committee" means the Committee established by the Parties to facilitate the management, monitoring and review of this Agreement, including the management of the Independent Audit and shall also facilitate dialogue and exchange of information between the Parties; (h) "legally produced timber" (hereinafter also referred to as "legal timber") means timber products acquired, harvested, produced, processed, transported, and traded in accordance with the legislation in force in Guyana, as set out in Annex II and other relevant provisions of this Agreement; and, in the case of imported timber, it means timber products harvested, produced, processed, transported and exported in accordance with the relevant legislation of the country of harvest and the procedures described in Annex V; (i) "Licensing Authority" means the authority designated by Guyana to issue, and validate FLEGT licences; (j) "release for free circulation" means a Union customs procedure which confers the customs status of Union goods or goods which are not from the Union (in accordance with Regulation (EU) No. 952/2013), entailing the collection of any import duties due; the collection, as appropriate, of other charges; the application of commercial policy measures and prohibitions and restrictions; and the completion of other formalities laid down in respect of the importation of goods;



(k) "shipment" means a quantity of timber products covered by a FLEGT licence that is sent by a consignor or a shipper from Guyana and is presented for release for free circulation at a customs office in the Union; (l) "timber products in transit" means any timber products originating from a third country, which enter the territory of Guyana under customs control and leaves in the same form whilst retaining the country of origin; (m) "timber products" means the products listed in Annex I. ARTICLE 3

FLEGT licensing scheme 1. A Forest Law Enforcement Governance and Trade (FLEGT) licensing scheme is hereby established between the Parties. The FLEGT licensing scheme establishes a set of procedures and requirements aimed at verifying and attesting, by means of FLEGT licences, that timber products shipped to the Union from Guyana were legally produced. In accordance with Regulation (EC) No 2173/2005 and this Agreement, the Union shall accept such shipments from Guyana for import into the Union only if they are covered by FLEGT licences.



2. The FLEGT licensing scheme shall apply to the timber products listed in Annex I. 3. The Parties agree to take all measures necessary to implement the FLEGT licensing scheme. ARTICLE 4 Licensing authority 1. Guyana shall designate an authority to be the FLEGT licensing authority and notify in writing the European Commission of its contact details. The Parties shall make that information available to the public. 2. The licensing authority shall verify that timber products have been legally produced in accordance with the legislation listed in Annex II. The licensing authority shall issue FLEGT licences covering each shipment of timber products that are legally produced in Guyana and are destined for export to the Union. 3. With respect to imported timber, the licensing authority shall not issue FLEGT licences for products that have not been harvested, produced or exported in line with the legislation of the country of harvest and of the country of production.

4. The licensing authority shall maintain and make publicly available its procedures for issuing FLEGT licences.

5. The licensing authority shall maintain records of all shipments covered by FLEGT licences which are consistent with various national laws and policies relating to data protection and confidentiality of information and shall provide these records for the purposes of an independent audit as referred to in Article 11, whilst respecting the confidentiality of exporters' proprietary information. ARTICLE 5 Competent authorities of the Union 1. The European Commission shall inform Guyana in writing of the contact details of the competent authorities designated by the Member States of the Union. The Parties shall make this information available to the public. 2. The competent authorities shall verify that each shipment is covered by a valid FLEGT licence prior to releasing that shipment for free circulation in the Union. This release for free circulation may be withheld and the shipment held if there is any doubt as to the validity of the FLEGT licence in accordance with Annex III.

3. The competent authorities shall maintain and annually publish a record of FLEGT licences received. 4. In accordance with national legislation on data protection, the competent authorities shall grant the person or bodies designated by Guyana as the independent auditor access to the relevant documents and data. 5. Article 5(2) shall not apply to timber products from species listed in the Appendices to CITES insofar as these products are covered by the examination procedures laid down in Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein. However, timber products covered by those examination procedures are subject to the legality verification under the Guyana Timber Legality Assurance System referred to in Article 8. ARTICLE 6

FLEGT licences 1. FLEGT licences shall be issued by the licensing authority as a means of attesting that timber products have been legally produced.

2. FLEGT licences shall be drawn up and completed in English on the form specified in Annex IV. 3. The Parties may, by agreement, establish electronic systems for the issuing, transmission and receipt of FLEGT licences. 4. The technical specifications and format of, and the procedure for issuing FLEGT licences are set out in Annex IV. ARTICLE 7 Definition of legally produced timber 1. For the purposes of this Agreement, a definition of "legally produced timber" is given in Article 2 (h) and specified in Annex II which sets out Guyana's national legal framework, as well as the principles, criteria, indicators and verifiers that must be complied with in order for timber products to be covered by a FLEGT licence. 2. Guyana will carry out a review of the national legal framework applicable to the forestry sector, as presented in Annex II, with the aim of strengthening, where necessary, and implementing relevant policies, laws, regulations, statutes, strategies, guidelines, voluntary measures and codes of practice.





ARTICLE 8 Guyana Timber Legality Assurance System (GTLAS) 1. Guyana shall use and improve where necessary the existing system for verifying that timber products have been legally produced and that only shipments verified as such are exported to the Union by establishing the Guyana Timber Legality Assurance System (GTLAS), as set out in Annex V. 2. The GTLAS shall include compliance checks in order to provide assurance that timber products have been legally produced, irrespective of the intended market, and that FLEGT licences are not issued for shipments of timber products that have not been legally harvested, or that are of unknown origin. ARTICLE 9 Application of the Guyana Timber Legality Assurance System (GTLAS) to timber products

covered under this Agreement 1. Using the GTLAS, Guyana shall verify the legality of timber products exported to non-Union markets and timber products sold on its domestic market, and shall verify the legality of imported timber products using the system developed for implementing this Agreement.

2. In support of the application of the GTLAS, the Union shall encourage the use of the system with respect to trade in other international markets and with third countries. 3. The Union shall implement measures to prevent the placing on the Union market of illegally harvested timber and products derived therefrom in accordance with its applicable legislation.

ARTICLE 10 Release of shipments covered by a FLEGT licence 1. The procedures governing the release for free circulation in the Union of shipments covered by a FLEGT licence are described in Annex III. 2. Where a competent authority has reasonable grounds to suspect that a licence is not valid or authentic or does not conform to the shipment it purports to cover, it may apply the procedures described in Annex III. 3. Where persistent disagreements or difficulties arise between the licensing authority and competent authorities concerning FLEGT licences, the matter shall be referred to the Joint Monitoring and Review Committee referred to in Article 20.



ARTICLE 11 Independent Auditor 1. The Parties agree on the need to call on the services of an Independent Auditor at agreed intervals to assess the operation, credibility and efficiency of the GTLAS, as set out in Annex V. 2. Guyana shall engage the services of an Independent Auditor, in consultation with the Union, for the purposes of the tasks listed in Annex VI.

3. The Independent Auditor shall be a natural or a legal person, or grouping thereof, with no conflict of interest, including but not limited to conflicts resulting from an organisational or commercial relationship with the Union or with Guyana's forestry sector's regulatory authorities, its licensing authority or anybody given the responsibility of verifying the legality of timber production, or any operator exercising a commercial activity in its forestry sector. 4. The Independent Auditor shall operate in accordance with a documented management structure, and with published policies, methods and procedures that correspond to internationally accepted best practices. 5. The Independent Auditor shall refer complaints arising from its work to the Joint Monitoring and Review Committee referred to in Article 20.

6. The Independent Auditor shall submit its observations to the Parties in reports in accordance with the manual of procedures described in Annex VI. Reports by the Independent Auditor shall be published in accordance with the procedures set out in Annex IX. 7. The Parties shall, in accordance with their respective various national laws and policies relating to data protection and confidentiality of information, facilitate the work of the Independent Auditor, ensuring in particular: − it has access to documents, information and other materials necessary for the performance of the functions; − it is able to record and duplicate documents, information and other materials necessary. ARTICLE 12 Irregularities The Parties shall notify in writing each other in accordance with Article 22 if they have reasonable suspicion or have evidence of any circumvention of the FLEGT licensing scheme, including but not limited to the following:

(a) circumvention of trade, including redirection of trade from Guyana to the Union via a third country, where there is reason to believe that this is done with the intention of avoiding licensing requirements;



(b) FLEGT licences covering timber products that contain timber from third countries that is suspected of being illegally produced; (c) fraud in obtaining or using FLEGT licences. ARTICLE 13 Date of operation of the FLEGT licensing scheme 1. The Parties shall notify each other through the Joint Monitoring and Review Committee, referred to in Article 20, when they consider that they have concluded the necessary preparations for the FLEGT licensing scheme to become fully operational. 2. The Parties shall, through the Joint Monitoring and Review Committee, commission an independent assessment of the FLEGT licensing. The assessment shall determine whether the GTLAS fulfils its functions on the basis of the criteria set out in Annex VIII and whether the systems in the Union for receiving, verifying and accepting FLEGT licences are in place. 3. The Joint Monitoring and Review Committee shall on the basis of the assessment referred to in paragraph 2, recommend the commencement or not of the FLEGT licensing scheme.



4. On the basis of a recommendation of the Joint Monitoring and Review Committee for the commencement of the FLEGT licensing scheme, the Parties shall notify each other in writing about a date on which the FLEGT licensing scheme shall become operational.

5. On the basis of a recommendation of the Joint Monitoring and Review Committee for the non-commencement of the FLEGT licensing scheme, the Parties shall agree through the Joint Monitoring and Review Committee on the necessary measures towards the commencement. ARTICLE 14 Schedule for implementation of this Agreement The Joint Monitoring and Review Committee referred to in Article 20 shall develop a schedule for the implementation of this Agreement and shall evaluate the progress of implementation with reference to that schedule. ARTICLE 15 Supporting measures 1. The Parties have identified areas, listed in Annex VII, where there is a need for additional technical and financial resources in order to implement this Agreement.



2. The provision of the resources referred to in paragraph 1 shall be subject to the normal procedures of the Union and its Member States for programming assistance to Guyana and to the budgetary procedures of Guyana. 3. Guyana shall ensure that the strengthening of its capacity to implement this Agreement is included in its national planning instruments, such as poverty reduction strategies and budgets.

4. The Parties shall ensure that activities associated with the implementation of this Agreement are coordinated with relevant existing and future development initiatives such as those supporting action to reduce emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries. ARTICLE 16 Stakeholder involvement in implementation of this Agreement 1. Guyana shall ensure that the implementation and monitoring of this Agreement are done in a transparent and participatory manner together with all relevant stakeholders through their own institutions, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on forests.



2. Guyana shall ensure that the National Implementation Working Group (NIWG) is in place to monitor the implementation of this Agreement and is made up of representatives of relevant Government agencies and representatives of all relevant stakeholders. 3. Guyana shall hold regular consultations on the implementation of this Agreement with all relevant stakeholders, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on forests. In that regard, Guyana shall develop and employ strategies, modalities and programmes to meaningfully consult its stakeholders. 4. The Union shall hold regular consultations with its stakeholders on the implementation of this Agreement, taking into account its obligations under the 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). ARTICLE 17 Social safeguards

1. The Parties agree to regularly assess the impact of this Agreement in order to minimise potential adverse effects on stakeholders within and outside the forest sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status.



2. The Parties shall monitor the impact of this Agreement on stakeholders and take reasonable and appropriate steps to mitigate any adverse effects and where necessary, the Parties shall agree on additional measures to address those adverse effects. ARTICLE 18 Efforts to implement or ratify other agreements The Parties reaffirm the commitment to the effective implementation of international and regional agreements, treaties and conventions to which they are Party, including multilateral environmental agreements and agreements on climate action, human and indigenous people's rights treaties, labour and trade agreements. The Parties will make continued and sustained efforts towards ratifying and further implementing international and regional agreements, treaties and conventions. ARTICLE 19 Market incentives Taking into account this Agreement and other relevant international obligations, the Union shall strive to promote favourable access to its market for the timber products covered by this Agreement. Such efforts shall include: (a) the encouragement of public and private procurement policies that recognise efforts to ensure a supply of legally produced timber products; and





(b) a more favourable perception of FLEGT licenced products on the Union market. ARTICLE 20 Joint Monitoring and Review Committee 1. The Parties shall establish within three months of the entry into force of this Agreement a Joint Monitoring and Review Committee (hereinafter referred to as "JMRC") to facilitate the management, monitoring and review of this Agreement, including the management of the independent audit. The JMRC shall also facilitate dialogue and exchanges of information between the Parties. 2. Each Party shall appoint its representatives on the JMRC, which shall take its decisions by consensus. The JMRC shall be co-chaired by two of its members, one designated by Guyana and the other designated by the Union. 3. The JMRC shall establish its own rules of procedure. 4. The JMRC shall meet at least twice a year on dates and at places agreed by the Parties.

5. The JMRC shall ensure that its work is transparent and that relevant information about its work and decisions is made available to the public. 6. The JMRC shall publish an annual report in accordance with the criteria set out in Annex X. 7. The specific functions of the JMRC are described in Annex IX.

ARTICLE 21 Reporting and public disclosure of information 1. Public access to information is essential to improve governance and therefore provision of relevant information to stakeholders shall be central to this Agreement. Information shall be made available to the public to facilitate implementation and monitoring of systems, and thus improve stakeholder and consumer confidence as well as to ensure accountability of the Parties. Details of the information to be published are set out in Annex IX. 2. Each Party shall take into account the most appropriate mechanisms, including inter alia media, documents, Internet, workshops, annual reports, to disseminate the information mentioned in paragraph 1 to the public. In particular, the Parties shall endeavour to provide the various stakeholders associated with the forestry sector with reliable, relevant and up-to-date information using the methods for implementation provided for in Annex IX.



ARTICLE 22 Communication on implementation of this Agreement 1. The representatives of the Parties responsible for official communications concerning the implementation of this Agreement shall be: − For (a) Guyana: the Minister responsible for Finance; − For (b) the Union: the Head of the Delegation of the Union in Guyana.

2. The Parties shall communicate to each other in a timely manner the information necessary for implementing this Agreement, including changes regarding the representatives mentioned in paragraph 1. ARTICLE 23 Confidential information Each Party undertakes, within the limits of its laws, not to disclose confidential information exchanged under this Agreement. Neither Party shall disclose to the public trade secrets or confidential commercial information exchanged under this Agreement.



ARTICLE 24 Territorial application This Agreement shall apply to the territories in which the Treaty on the Functioning of the European Union is applied under the conditions laid down in that Treaty, on the one hand, and to Guyana, on the other. ARTICLE 25

Consultations and mediation 1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and to resolve any dispute by first entering into consultations and mediation in good faith with the aim to reach a mutually agreed solution. 2. A Party wishing to commence consultations shall notify the other Party and the JMRC in writing, including identification of the subject matter and summary arguments in support of the request.

3. Consultations shall be initiated within 40 days and be deemed concluded within 90 days of the date of the submission of the request, unless both Parties agree differently. Notwithstanding the foregoing consultations, either Party may in the case of urgent matters initiate consultations within 15 days. Such consultations will be concluded within 30 days of the date of the submission of the request, unless both Parties agree differently. 4. If consultations fail to produce a mutually agreed solution, both Parties may agree to seek recourse to a mediator. Nevertheless, either party may submit the dispute to arbitration without recourse to mediation. 5. The Parties shall jointly select a mediator within 15 days of the date of the agreement to request mediation. The mediator shall receive submissions from both Parties and convene a mediation meeting. Unless both Parties agree differently, the mediator shall notify an opinion on how to resolve the dispute consistent with the provisions of this Agreement no later than 60 days after having been selected. 6. The opinion of the mediator is non-binding.



ARTICLE 26 Arbitration 1. Where the Parties have failed to resolve the dispute by recourse to consultations and mediation as provided for in Article 25, a request is made by either Party for the establishment of an arbitration panel by notifying the other Party and the International Bureau of the Permanent Court of Arbitration (PCA) in writing. The request shall identify the specific measures at issue, and it shall explain how such measures constitute a breach of the provisions of this Agreement.

2. The arbitration panel shall be composed of three arbitrators appointed in accordance with the PCA arbitration rules 2012. 3. The arbitration panel ruling shall be binding on the Parties that shall take any measures necessary to comply in good faith with the arbitration panel ruling. 4. The Parties shall inform each other and the JMRC of the measures they have taken to comply with the arbitration panel ruling. The JMRC shall review measures taken by the parties to comply with the ruling and where needed recommend additional or corrective measures to ensure full compliance with the arbitration panel ruling. Either Party may request the arbitration panel to rule on compliance with the original ruling. 5. The JMRC shall establish the working procedures for arbitration.



ARTICLE 27 Amendments 1. Either Party wishing to amend this Agreement shall submit a proposal to the other Party at least one (1) month before the next meeting of the JMRC. The JMRC shall discuss the proposal and, if consensus is reached, shall make a recommendation on the proposed amendment. Each Party shall consider the recommendation and, if it agrees, approve it in accordance with its own legal procedures. 2. Any amendment approved by both Parties in accordance with paragraph 1 shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for this purpose. 3. The JMRC may adopt amendments to the Annexes to this Agreement.

4. Notification of any amendment shall be sent to the joint depositaries for this Agreement.



ARTICLE 28 Suspension 1. Either Party wishing to suspend this Agreement shall notify the other Party in writing of its intention and the matter shall subsequently be discussed between the Parties within one (1) month of receipt of this notice. 2. Either Party may suspend the application of this Agreement in the event of a material breach of the Agreement by the other Party. 3. The decision on suspension and the reasons for that decision shall be notified to the other Party in writing. 4. The conditions of this Agreement shall cease to apply thirty (30) calendar days after notice is given as referred to in the third paragraph. 5. Application of this Agreement shall resume 30 calendar days after the Party that has suspended its application informs the other Party that the reasons for the suspension no longer apply.



ARTICLE 29

Termination Either Party may notify in writing the other Party of its intention and the matter shall be subsequently discussed by the JMRC. This Agreement shall cease to apply twelve (12) months after the date of such notification. ARTICLE 30 Duration 1. This Agreement shall remain in force for a period of ten (10) years unless the Parties suspend or terminate it in accordance with Article 28 or 29 respectively. 2. The Agreement shall be automatically extended for consecutive periods of five (5) years, unless a Party renounces the extension by notifying the other Party in writing at least twelve (12) months before this Agreement expires.



ARTICLE 31 Annexes

The Annexes to this Agreement shall form an integral part thereof. ARTICLE 32 Authentic texts This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. In the case of divergence of interpretation, the English text shall prevail. ARTICLE 33 Entry into force 1. This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other in writing of completion of their respective procedures necessary for this purpose.



2. The notification referred to in paragraph 1 shall be sent to the Minister responsible for Finance in Guyana and to the Secretary-General of the Council of the European Union, who shall be the joint depositaries for this Agreement. IN WITNESS WHEREOF, the undersigned being duly authorised thereto, have signed this Agreement.

DONE at ..., For the Cooperative Republic of Guyana For the European Union ANNEXES 1. Annex I: Product coverage: the harmonised commodity codes for timber products covered under the FLEGT licensing scheme 2. Annex II: Legality Definition 3. Annex III: Conditions governing the release for free circulation in the Union of timber products exported from Guyana and covered by a FLEGT licence 4. Annex IV: Requirements and technical specifications for FLEGT licences 5. Annex V: The Guyana Timber Legality Assurance System (GTLAS) 6. Annex VI: Terms of reference for the independent audit of the GTLAS 7. Annex VII: Supporting measures and financing mechanisms

8. Annex VIII: Criteria for assessing the operationality of the Guyana Timber Legality Assurance System (GTLAS) 9. Annex IX: Public access to information on the FLEGT licensing scheme 10. Annex X: Joint Monitoring and Review Committee



ANNEX I PRODUCT COVERAGE:

THE HARMONISED COMMODITY CODES FOR TIMBER PRODUCTS

COVERED UNDER THE FLEGT LICENSING SCHEME The list in this Annex refers to the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System of the World Customs Organization. HS Codes Description 4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. 4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking sticks, umbrellas, tool handles or the like; chipwood and the like. 4406 Railway or tramway sleepers (cross-ties) of wood. 4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm. 4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm. 4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed. 4412 Plywood, veneered panels and similar laminated wood. 4418 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes. _______________



ANNEX II

LEGALITY DEFINITION 1. List of acronyms 2. Introduction 3. Definition of terms 4. Legality matrices 4.1 Legality matrix A for an FSO to legally conduct forest operations 4.2 Legality matrix B for a State forest authorisation (large concession) 4.3 Legality matrix C for a State forest authorisation (small concession) 4.4 Legality Matrix D for an Amerindian Village



4.5 Legality matrix E for private land

4.6 Legality matrix F for salvaged timber products from State land in conversion 4.7 Legality matrix G for seized timber products 4.8 Legality matrix H for the processing and sale of timber products 4.9 Legality matrix I for the export and import of timber products 5. Glossary 6. Appendix: Applicable legal references

1. List of acronyms AOP Annual operations plan EPA Environmental Protection Agency EU European Union

FCA Forest concession agreement FD Finance Division FLEGT Forest Law Enforcement, Governance and Trade FMP Forest management plan FMD Forest Monitoring Division FRMD Forest Resource Management Division FSO Forest sector operator

GFC Guyana Forestry Commission GGMC Guyana Geology and Mines Commission GLSC Guyana Lands and Surveys Commission

RA Revenue Authority GTLAS Guyana Timber Legality Assurance System LD Legality Definition MISD Management information systems database MOL Ministry responsible for Social Protection MAA Ministry responsible for Amerindian Affairs MPW Ministry responsible for Public Works NAREI National Agriculture Research and Extension Institute

NIB National Insurance Board NTWG National Technical Working Group

PPE Personal protective equipment SFA State forest authorisation VC Village Council VPA Voluntary Partnership Agreement WTS Wood Tracking System

2. Introduction This Annex sets out the Legality Definition (LD) for ‘legal timber' applicable to this Agreement. The LD may be updated as and when required during the implementation of this Agreement in accordance with the provisions of Article 27 of the Agreement. The LD forms an integral part of the Guyana Timber Legality Assurance System (GTLAS) described in Annex V. The LD is based on the relevant national legal and regulatory framework in force and sets out principles, criteria, indicators and verifiers required to prove compliance with such framework. The LD also includes additional legal references that are relevant for the implementation of this Agreement and the overall functioning of the GTLAS. These references and other applicable laws and regulations can be found in the Appendix of this Annex. The LD applies to all forest sector operators (FSOs) countrywide and for all timber products listed in Annex I and covers domestic and international trade.





The LD was developed through a multi-stakeholder participative process, coordinated by the National Technical Working Group (NTWG), in which a vast majority of the key stakeholders within Guyana's forestry sector as well as other interest groups were represented. Development of the LD involved several workshops nationwide, during which key stakeholders were provided with information on the Voluntary Partnership Agreement (VPA) process. Stakeholders were also consulted and their approval sought on the details of the various elements of the LD. The targeted stakeholders included loggers, saw millers, manufacturers, timber dealers, timber exporters, timber importers, transporters, custom brokers, as well as representatives from logging associations, Amerindian Villages and communities, non-governmental organisations, including indigenous ones, and Ministries and/or Government Agencies.



Structure and content of Legality Definition matrix The LD is divided into nine matrices associated with the different types of operation. Each matrix comprises a set of principles that identify the primary legal obligations with corresponding criteria that detail the legal requirements assuring compliance with every principle. Each criterion includes indicators corresponding to the measures that fulfil the criterion. Further, verifiers provide the evidence to prove the fulfilment of every indicator and are underpinned by the national legal framework (legal references) which prescribe the legal and procedural requirements that need be observed for the attainment of the verifier. An FSO's compliance with the indicators serves to demonstrate its compliance with the LD. The responsible agency in the matrices below is the Ministries and/or Government Agencies that will undertake the verification of an FSO's compliance with the indicators of the LD. Verifiers are associated with every indicator. There are two kinds of verifiers: Some verifiers are issued by Ministries and/or Government Agencies following their internal procedures and internal checks for their issuance. In these cases, the FSO complies with the indicators when it has the required valid verifier.



Other verifiers are also issued by the Ministries and/or Government Agencies as part of their mandate but through regular inspections of FSOs' operations. The inspection reports that are issued as a result of these inspections are the verifiers. In these cases, the indicators outline the requirements with which the FSO has to comply. Compliance is assessed through the inspection and the inspection report contains the result of the assessment. To further facilitate the implementation of the GTLAS Manual of Procedures for verification, which will be elaborated during the development phase of the GTLAS, a distinction is made between static and dynamic verifiers:

Static verifiers support the demonstration of legal compliance for criteria of the LD that are not directly related to the movement of timber through the supply chain and/or are associated with long-term operations of the FSOs. They are issued either on a one-time basis or on a periodic basis and are valid for that period. Static verifiers will be verified for an entire period (lifetime of the concession or regulatory validity period). Dynamic verifiers include, but are not limited to, those directly related to the movement of timber products along the supply chain within Guyana. They are subject to the applicable requirements at each critical control point of the supply chain. Dynamic verifiers are issued and valid for a single shipment and are therefore monitored and checked on a routine basis along the supply chain.



List of matrices detailing requirements of each FSO associated with the following types of operation: Types of operation Matrix no. Title All FSOs A Legality matrix for an FSO to legally conduct forest operations Large concession B Legality matrix for a State forest authorisation (large concession) Small concession C Legality matrix for a State forest authorisation (small concession) Amerindian Village D Legality matrix for an Amerindian Village Private land E Legality matrix for private land Salvaged timber products from State land in conversion F Legality matrix for salvaged timber products from State land in conversion FSOs in breach of the Forests Act No. 6 of 2009 G Legality matrix for seized timber products Processing and sales of timber products H Legality matrix for the processing and sale of timber products Export and import of timber I Legality matrix for the export and import of timber products All FSO categories shall comply with the relevant requirements outlined in legality matrix A for an FSO to legally conduct forest operations, and the other matrices that cover their operations. In case of seizure because of possible breaches of the Forests Act No. 6 of 2009, the FSO must satisfy the relevant requirements outlined in legality matrix G for seized timber products.

3. Definition of terms An FSO is a natural person or body corporate registered with and approved by the Guyana Forestry Commission to conduct forestry operation(s). The natural person or body corporate may be defined as a sole trader(s), and/or those registered under the Business Names (Registration Act), Cap. 90:05, the Partnership Act, Cap. 89:02, the Companies Act, Cap. 89:01, the Friendly Societies Act, Cap. 36:04 or Co‑operative Societies Act, Cap. 88:01. The FSOs are categorised based on: – Large concessions – as defined in section 8 of the Forests Act No. 6 of 2009 as being an area larger than 8097 hectares.

FSOs of large concessions must have a State forest authorisation granted by the GFC. These State forest authorisations can be either a forest concession agreement or an exploratory permit. Forest concession agreements can either be timber sales agreements or wood cutting leases, which are granted for up to 40 years or subject to conditional renewal. A forest concession agreement is only issued after the FSO has obtained an exploratory permit.



– Small concessions – as defined in section 7 of the Forests Act No. 6 of 2009 as being an area of 8097 hectares or less. FSOs of small concessions must have a State forest authorisation that can either be a State forest permission or a community forest management agreement. These State forest authorisations are granted by the GFC for up to two years, subject to conditional renewal. – Amerindian Village – Section 2 of the Amerindian Act, Cap 29:01 defines Village or Amerindian Village as "a group of Amerindians occupying or using Village lands" and defines Village lands as "lands owned communally by a Village under title granted to a Village Council to hold for the benefit of the Village". An absolute grant or a certificate of title is granted to a Village Council to demonstrate land ownership. An Amerindian Village becomes an FSO when it enters into a contract with the GFC to conduct commercial harvesting within the boundaries of the Amerindian Village.



– Private land – Section 2 of the Forests Act No. 6 of 2009 defines private land as "land that is neither public land nor Village land". Private land is legally held by either an individual or body corporate by registered title, transport or absolute grant. A private landowner becomes an FSO when it enters into a contract with the GFC to conduct commercial harvesting within the boundaries of the private land. – State lands in conversion – Timber products can be salvaged from State lands that are approved by the relevant Ministries and/or Government Agencies to be converted to non-forest land uses under the following authorisations: a) Mining licence or permit – A mining licence or permit is issued by the Guyana Geology and Mines Commission over an area within State lands to prospect, mine for, take and appropriate any minerals. A holder of a mining licence or permit becomes an FSO when authorised by the GFC to salvage timber products within the boundaries of that area.



b) Leases – a lease is issued by the Guyana Lands and Surveys Commission over an area within State lands for the purposes of agriculture or other activities. A holder of a lease becomes an FSO when authorised by the GFC to salvage timber products within the boundaries of that area.

c) Infrastructure (roads, hydropower plant, dams, etc.) – The Office of the President grants approval to construct hydropower plants while the Ministry of Public Works grants authorisations to conduct all other infrastructural works, such as roads and bridges. A holder of an infrastructural approval becomes an FSO when authorised by the GFC to salvage timber products within the boundaries of that area. – A third party is a natural person, or body corporate that has a legal agreement with the FSO to conduct commercial forestry operations within the boundaries of the approved area. The FSO, which is registered with GFC, is responsible for ensuring that the third party complies with the requirements of the LD. 4. Legality matrices 4.1 Legality matrix A for an FSO to legally conduct forest operations Principle 1 The natural person or body corporate is legal Criterion 1.1 The natural person or legal entity has a legal identity Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier A.1.1.1 (mandatory) The natural person or body corporate has a Tax Identification Number. Valid Tax Identification Number certificate (Revenue Authority) Section 60A of the Income Tax Act, Cap 81:01 Static A.1.1.2 Optional (in addition to A.1.1.1) The natural person or body corporate has a business name registered under the Business Names (Registration) Act, Cap 90:05. Certificate of registration (Deeds and Commercial Registries Authority) Sections 5 and 13 of the Business Names (Registration) Act, Cap 90:05, Sections 3 and 6 of the Partnership Act, Cap 89:02 Static A.1.1.3 Optional (in addition to A.1.1.1) In case of local company: the body corporate has a certificate of incorporation In case of foreign company: the body corporate has a certificate of registration (i) Certificate of incorporation (Local company) (Deeds and Commercial Registries Authority) (ii) Certificate of registration (Foreign company) (Deeds and Commercial Registries Authority) (i) Section 8 of the Companies Act, Cap 89:01 (ii) Section 321 of the Companies Act, Cap 89:01 Static A.1.1.4 Optional (in addition to A.1.1.1) The Village Council is lawfully appointed in accordance with the Amerindian Act, Cap 29:01. Statement of elections results (Ministry of Amerindian Affairs) Section 72(13) of the Amerindian Act, Cap 29:01 Static A.1.1.5 Optional (in addition to A.1.1.1) The Friendly Society has an Acknowledgment of Registration. Acknowledgment of registration (Friendly Societies Registry) Section 15 of the Friendly Societies Act, Cap 36:04 Static A.1.1.6 Optional (in addition to A.1.1.1) The Co-operative Society has a certificate of registration. Certificate of registration (Commissioner of Co-operative Societies) Sections 7 and 9 of the Co‑operative Societies Act, Cap 88:01 Static



4.2 Legality matrix B for a State forest authorisation (large concession) Principle 1 The FSO has the legal right to harvest and respects other parties' legal user rights Criterion 1.1 The FSO has the legal right to harvest Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier B.1.1.1 The FSO has an approval letter for the forest concession to be allocated. Approval letter (GFC/Forest Resource Management Division (FRMD) Sections 6 and 8 of the Forests Act No. 6 of 2009, The Wood Tracking System Guidelines Static B.1.1.2 The FSO is the holder of one of the following: (i) a valid exploratory permit (ii) a forest concession agreement (FCA) The FSO has one of the following verifiers: (i) exploratory permit (GFC/FRMD) (ii) FCA (GFC/FRMD) (i) Section 9 of the Forests Act No. 6 of 2009, Regulations 4 and 5 of the Forests Regulations 2018 (ii) Sections 6 and 8 of the Forests Act No. 6 of 2009, Regulations 7, 8, 9 and 11 of the Forests Regulations 2018 Static B.1.1.3 Optional The FSO has a GFC-approved third-party rental agreement that permits harvesting and/or extraction within the FSO's concession. GFC-approved third-party rental agreement (GFC/Forest Monitoring Division (FMD)) Section 16 of the Forests Act No. 6 of 2009 Static Criterion 1.2 The FSO respects other parties' legal user rights Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier B.1.2.1 The FSO harvests the timber products within the boundaries of the concession. FMD inspection report (GFC/FMD) Section 6(2) of the Forests Act No. 6 of 2009 Static B.1.2.2 The FSO does not impede the exercise of traditional rights of Amerindian peoples. FMD inspection report (GFC/FMD) Section 5(2)(e) of the Forests Act No. 6 of 2009, Sections 55 and 57 of the Amerindian Act, Cap 29:01, Regulations 8 First Schedule Form B section 4.3 of the Forests Regulations 2018, Regulations 4 First Schedule Form A section 8 of the Forests Regulations 2018 Static B.1.2.3 The FSO does not impede the exercise of the legal user rights of other individual groups. FMD inspection report (GFC/FMD) Section 5(2) of the Forests Act No. 6 of 2009, Regulations 8 First Schedule Form B section 4.2 of the Forests Regulations 2018 Static Principle 2 The FSO complies with the forest operation obligations Criterion 2.1 The FSO complies with forest management, environment and Wood Tracking System (WTS) requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier B.2.1.1 The FSO has an environmental authorisation. One of the following verifiers: (i) environmental permit (Environmental Protection Agency (EPA)) (ii) operation permit (EPA) For both verifiers: Sections 11, 12, 13, 15, and 21 (1) (b) of the Environmental Protection Act, Cap 20:05, Regulations 18 and 19 of the Environmental Protection (Authorisations) Regulations Static B.2.1.2 The FSO complies with the approved annual allowable cut and/or maximum allowable cut. Tag management report (GFC/FMD) Sections 6(2)(b) and 9(2)(b) of the Forests Act No. 6 of 2009, Paragraph 2.2.2 of Code of Practice No.1 of 2018 Dynamic B.2.1.3 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic B.2.1.4 The FSO has an approved forest management plan (FMP) of at least five years in addition to an annual operations plan (AOP) for the concession area. Both of the following verifiers: (i) FMP (GFC/FRMD) (ii) AOP (GFC/FRMD) For both verifiers: Section 8(2)(a) of the Forests Act No. 6 of 2009, Paragraphs 2.2 and 2.3 of Code of Practice No.1 of 2018, The Guidelines for Forest Operations (large concessions) Static B.2.1.5 The FSO does not harvest any restricted and protected species without the permission of the GFC. GFC approval letter (GFC/FMD) Regulations 15 of the Forests regulations 2018, Paragraph 4 (4.4.1 and 4.4.2) of Code of Practice No. 1 of 2018 Dynamic Principle 3 The FSO complies with its fiscal and social obligations Criterion 3.1 The FSO complies with required fees, charges and levies Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier B.3.1.1 The FSO complies with the requirements for the payments of management fees, charges and levies. One of the following verifiers: (i) receipts on the payment schedules (GFC/Finance Division (FD)) (ii) receipts for full payments (GFC/FD) For both verifiers: Regulations 38, 40, 41 and 53 of the Forests Regulations 2018 Dynamic B.3.1.2 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 3.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier B.3.2.1 The FSO has a certificate of compliance. Certificate of compliance (National Insurance Board (NIB)) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static B.3.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (Ministry of Labour)(MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static B.3.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Sections 8 and 11 of the Labour Act, Cap 98:01, Paragraph 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static B.3.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 17 of Forests Act No. 6 of 2009, Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static B.3.2.5 The FSO ensures that workers are provided with the applicable personal protective equipment (PPE). Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static B.3.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static B.3.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static

4.3 Legality matrix C for a State forest authorisation (small concession)

Principle 1 The FSO has the legal right to harvest and respects other parties' legal user rights Criterion 1.1 The FSO has the legal right to harvest Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier C.1.1.1 The FSO has an approval letter for the forest concession to be allocated. Approval letter (GFC/FRMD) Sections 6 and 7 of the Forests Act No. 6 of 2009, The Wood Tracking System Guidelines Static C.1.1.2 The FSO has an FCA. FCA (GFC/FRMD) Sections 6, 7, 11(3) the Forests Act No. 6 of 2009, Regulations 7, 8, 9 and 11 of the Forests Regulations 2018 Static C.1.1.3 Optional The FSO has a GFC-approved third-party rental agreement that permits harvesting and / or extraction within the FSO's concession. GFC-approved third-party rental agreement (GFC/FMD) Section 16 of the Forests Act No. 6 of 2009 Static Criterion 1.2 The FSO respects other parties' legal user rights Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier C.1.2.1 The FSO harvests the timber products within the boundaries of the concession. FMD inspection report (GFC/FMD) Section 6(2) of the Forests Act No. 6 of 2009 Static C.1.2.2 The FSO does not impede the exercise of traditional rights of Amerindian peoples. FMD inspection report (GFC/FMD) Section 5(2) (e) of the Forests Act No. 6 of 2009, Regulation 8, paragraph 4.3 of Form C in the First Schedule to the Forests Regulations 2018, Sections 55 and 57 of the Amerindian Act, Cap 29:01 Static C.1.2.3 The FSO does not impede the exercise of the legal user rights of other individual groups. FMD inspection report (GFC/FMD) Section 5(2) of the Forests Act No. 6 of 2009, Regulation 8, paragraph 4.3 of Form C in the First Schedule to the Forests Regulations 2018 Static Principle 2 The FSO complies with the forest operation obligations Criterion 2.1 The FSO complies with forest management, environment and WTS requirements. Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier C.2.1.1 The FSO has an environmental authorisation. Operation permit (EPA) Section 21 (1) (b) of the Environmental Protection Act, Cap 20:05, Regulations 18 and 19 of the Environmental Protection (Authorisations) Regulations Static C.2.1.2 The FSO complies with the approved quota. Tag management report (GFC/FMD) Sections 6(2)(b) and 9(2)(b) of the Forests Act No. 6 of 2009, Paragraph 2.4 of Code of Practice No.1 of 2018 Dynamic C.2.1.3 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic C.2.1.4 The FSO does not harvest any restricted and protected species without the permission of the GFC. GFC approval letter (GFC/FMD) Regulations 15 of the Forests Regulations 2018, Paragraph 4 (4.4.1 and 4.4.2) of Code of Practice No. 1 of 2018 Dynamic Principle 3 The FSO complies with its fiscal and social obligations Criterion 3.1 The FSO complies with required fees, charges and levies Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier C.3.1.1 The FSO complies with the requirements for the payments of management fees, charges and levies. One of the following verifiers: (i) receipts on the payment schedules (GFC/FD) (ii) receipts for full payments (GFC/FD) For both verifiers: Regulations 38, 40, 41 and 53 of the Forests Regulations 2018 Dynamic C.3.1.2 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 3.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier C.3.2.1 The FSO has a certificate of compliance. Certificate of compliance (NIB) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static C.3.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static C.3.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Section 8 and 11 of the Labour Act, Cap 98:01 Section 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static C.3.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 17 of Forests Act No. 6 of 2009, Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static C.3.2.5 The FSO ensures that workers are provided with the applicable PPE. Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static C.3.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static C.3.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static



4.4 Legality Matrix D for an Amerindian Village Principle 1 The FSO has the legal right to harvest and respects other parties' legal user rights Criterion 1.1 The FSO has the legal right to harvest Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier D.1.1.1 The FSO has a legal title for the forest land where commercial activities are being conducted. One of the following verifiers: (i) certificate of title (Land Registry) (ii) absolute grant (GL&SC) (i) Section 71 of the Land Registry Act, Cap 5:02 (ii) Section 63 of the Amerindian Act, Cap 29:01, Section 3 of the State Lands Act, Cap 62:01 Static D.1.1.2 Optional The resident of the Amerindian Village has a written permission with the FSO to engage in commercial activities related to harvesting or extraction within village lands. Written permission between the VC and the FSO (resident) (GFC) Section 54 of the Amerindian Act, Cap 29:01 Static D.1.1.3 Optional The non-resident has a written consent with the FSO to engage in commercial activities related to harvesting or extraction within village lands. Written consent between the VC and the FSO (non-resident (GFC) Section 55 of the Amerindian Act, Cap 29:01 Static Criterion 1.2 The FSO respects other parties' legal user rights Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier D.1.2.1 The FSO harvests the timber products within the boundaries of the village lands. Inspection report (GFC/FMD) Section 55 of the Amerindian Act, Cap 29:01 Static D.1.2.2 The FSO does not impede the exercise of traditional rights of Amerindian peoples. Inspection report (GFC/FMD) Section 5(2) (e) of the Forests Act No. 6 of 2009, Sections 55 and 57 of the Amerindian Act, Cap 29:01 Static Principle 2 The FSO complies with the forest operation obligations Criterion 2.1 The FSO complies with forest management, environment and WTS requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier D.2.1.1 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic Principle 3 The FSO complies with its fiscal and social obligations Criterion 3.1 The FSO complies with applicable tax requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier D.3.1.1 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 3.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier D.3.2.1 The FSO has a certificate of compliance. Certificate of compliance (NIB) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static D.3.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static D.3.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Sections 8 and 11 of the Labour Act, Cap 98:01, Section 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static D.3.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static D.3.2.5 The FSO ensures that workers are provided with the applicable PPE. Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static D.3.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static D.3.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static

4.5 Legality matrix E for private land Principle 1 The FSO has the legal right to harvest Criterion 1.1 The FSO has the legal right to harvest Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier E.1.1.1 The FSO has legal title for the forest land where the commercial activities are taking place. One of the following verifiers: (i) absolute title (Land Registry) (ii) transport (Deeds Registry) (iii) Absolute grant (GL&SC) (i) Sections 65 and 66 of the Land Registry Act, Cap 5:02 (ii) Section 22 (1) of the Deeds Registry Act, Cap 5:01 (iii) Section 3(1)(a) of the State Lands Act, Cap 62:01 Static E.1.1.2 Optional The FSO has a legal agreement with a third party for harvesting and/or extraction within the private land. Agreement between the FSO and a third party (GFC/FMD) Section 16 of the Forest Act The Wood Tracking System Guidelines Static Principle 2 The FSO complies with the forest operation obligations Criterion 2.1 The FSO complies with WTS requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier E.2.1.1 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic E.2.1.2 The FSO harvests the timber products within the boundaries of the private land. FMD inspection report (GFC/FMD) Section 21 of the State Lands Act, Cap 62:01, the Wood Tracking System Guidelines Static Principle 3 The FSO complies with its fiscal and social obligations Criterion 3.1 The FSO complies with applicable tax requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of Verifier E.3.1.1 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 3.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier E.3.2.1 The FSO has a certificate of compliance. Certificate of compliance (NIB) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static E.3.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static E.3.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Section 8 and 11 of the Labour Act, Cap 98:01 Section 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static E.3.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static E.3.2.5 The FSO ensures that workers are provided with the applicable PPE. Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static E.3.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static E.3.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static



4.6 Legality matrix F for salvaged timber products from State land in conversion Principle 1 The FSO has the legal rights to harvest and respects other parties' legal use rights Criterion 1.1 The FSO has the legal right to harvest Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier F.1.1.1 The FSO is the holder of a: (i) lease (ii) mining permit or licence (iii) authorisation to enter upon any land and carry out works for the purposes of construction and maintenance of any roads; including the cutting and removal of timber products, or other purposes (iv) licence to construct and maintain a hydropower plant. One of the following verifiers: (i) lease (GLSC) (ii) mining permit or licence (GGMC) (iii) written permission from the Ministry of Public Works (MPW) (iv) Hydro licence (Office of the President) (i) Section 3(1)(b) of the State Lands Act, Cap 62:01 (ii) Section 7 of the Mining Act, Cap 65:01 (iii) Sections 3 and 4 of the Public Lands (Private Roads) Act, Cap 62:03, Regulation 2 of the Public Lands Private Roads (Wood Cutting) Regulations (iv) Sections 5, 6 and 7 of the Hydroelectric Power Act, Cap 56:03 Static F.1.1.2 Optional The FSO has a legal agreement with a third party for harvesting and/or extraction within the FSO's property. Agreement between the FSO and third party (GFC/FMD) Section 16 of the Forest Act The Wood Tracking System Guidelines Static Criterion 1.2 The FSO respects other parties' legal user rights Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier F.1.2.1 The FSO harvests within the boundaries of one of the following: (i) lease (ii) mining permit or licence (iii) within an area where MPW and/or Guyana Energy Agency have been duly authorised to carry out projects. FMD inspection report (GFC/FMD) (i) Section 3 of the State Lands Act, Cap 62:01 (ii) Section 7 and 135(2)(zc) of the Mining Act, Cap 65:01 (iii) Sections 3 and 4 of the Public Lands (Private Roads) Act, Cap 62:03, Section 6 (2) of the Hydroelectric Power Act, Cap 56:03 Static F.1.2.2 The FSO does not impede the exercise of traditional rights of Amerindian peoples. FMD inspection report (GFC/FMD) Section 5(2)(e) of the Forests Act No. 6 of 2009, Sections 55 and 57 of the Amerindian Act, Cap 29:01 Static F.1.2.3 The FSO does not impede the exercise of the legal user rights of other individual groups. FMD inspection report (GFC/FMD) Section 5(2) of the Forests Act No. 6 of 2009 Static Principle 2 The FSO complies with the forest operation obligations Criterion 2.1 The FSO complies with forest management, environment and WTS requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier F.2.1.1 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic F.2.1.2 (applicable to an FSO that is required to comply with IV of F.1.1.1) The FSO has an environmental authorisation to construct and maintain a hydropower plant. Construction permit (EPA) Section 21 (1) (a) of the Environmental Protection Act, Cap 20:05, Regulations 18 and 19 of the Environmental Protection (Authorisations) Regulations Static Principle 3 The FSO complies with its fiscal and social obligations Criterion 3.1 The FSO complies with required fees, charges and levies Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier F.3.1.1 The FSO complies with the requirements for the payments of management fees, charges and levies. One of the following two verifiers: (i) receipts on the payment schedules (GFC/FD) (ii) receipts for full payments (GFC/FD) For both verifiers: The Wood Tracking System Guidelines Dynamic F.3.1.2 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 3.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier F.3.2.1 The FSO has a certificate of compliance. Certificate of compliance (NIB) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static F.3.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static F.3.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Sections 8 and 11 of the Labour Act, Cap 98:01, Section 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static F.3.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static F.3.2.5 The FSO ensures that workers are provided with the applicable PPE. Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static F.3.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static F.3.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static

4.7 Legality matrix G for seized timber products

Principle 1 Seized timber products is managed according to the legal requirements Criterion 1.1 The FSO complies with the rules for the use of seized timber products. Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier G.1.1.1 The FSO is the holder of one of the following for the seized timber products: (i) seizure form (ii) custody form One of the following verifiers: (i) seizure form (GFC/FMD) (ii) custody form (GFC/FMD) Section 58 of the Forests Act No. 6 of 2009, The Wood Tracking System Guidelines Dynamic G.1.1.2 The FSO complies with all legal obligations related to the seized timber products for re-entry into the supply chain. GFC clearances pass (GFC/FMD) Sections 58(5), 58 (7), 60, 70 (5) and 71 of the Forests Act No. 6 of 2009, The Wood Tracking System Guidelines Dynamic



4.8 Legality matrix H for the processing and sale of timber products Principle 1 The FSO complies with timber processing and sales requirements Criterion 1.1 The FSO complies with the applicable licensing requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier H.1.1.1 The FSO has an annual operating licence. Annual operating licence (GFC/FMD) Section 39 of the Forests Act No. 6 of 2009, Regulations 29, 30 and 31 of the Forests Regulations 2018, The Wood Tracking System Guidelines Static H.1.1.2 optional The FSO has a valid forest produce dealer's licence. Forest produce dealer's licence (GFC/FMD) Section 41 of the Forests Act No. 6 of 2009, Regulations 32, 33 and 34 of the Forests Regulations 2018, The Wood Tracking System Guidelines Static H.1.1.3 optional The FSO has a valid lumber yard licence. Lumber yard licence (GFC/FMD) Section 40 of the Forests Act No. 6 of 2009, The Wood Tracking System Guidelines Static Principle 2 The FSO complies with the forest operation obligations Criterion 2.1 The FSO complies with forest management, environmental and WTS requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier H.2.1.1 The FSO has an environmental authorisation. One of the following verifiers: (i) environmental permit (EPA) (ii) operation permit (EPA) For both verifiers: Section 11, 12, 13, 15 and 21 (1) (b) of the Environmental Protection Act, Cap 20:05, Regulations 18 and 19 of the Environmental Protection (Authorisations) regulations Static H.2.1.2 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) The Wood Tracking System Guidelines Dynamic Principle 3 The FSO complies with its fiscal and social obligations Criterion 3. 1 The FSO complies with required fees, charges and levies Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier H.3.1.1 The FSO complies with the requirements for the payments of management fees. One of the following two verifiers: (i) receipts on the payment schedules (GFC/FD) (ii) receipts for full payments (GFC/FD) For both verifiers: Regulations 53 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic H.3.1.2 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 3.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier H.3.2.1 The FSO has a certificate of compliance. Certificate of compliance (NIB) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static H.3.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static H.3.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Sections 8 and 11 of the Labour Act, Cap 98:01, Section 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static H.3.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static H.3.2.5 The FSO ensures that workers are provided with the applicable PPE. Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static H.3.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static H.3.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static



4.9 Legality matrix I for the export and import of timber products Principle 1 The FSO complies with timber products export and import requirements Criterion 1.1 The FSO complies with export requirements and with the WTS Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier I.1.1.1 The FSO has a valid licence to export timber products. One of the following verifiers: (i) forest produce dealer's licence (GFC/FMD) (ii) annual operating licence (GFC/FMD) (iii) lumber yard licence (GFC/FMD) (i) Section 41 of the Forests Act No. 6 of 2009, Regulations 32, 33, and 34 of the Forests Regulations 2018. (ii) Regulation 31 (a) (iii) of the Forests Regulation 2018, Section 39 of the Forests Act No. 6 of 2009 (iii) Sections 40 (2) of the Forests Act No. 6 of 2009 Static I.1.1.2 The FSO has an authorisation to export. (i) export certificate (GFC/FMD) (ii) CITES permit (where applicable) (Wildlife Conservation and Management Commission, GFC/FMD) (i) Section 44 of the Forests Act No. 6 of 2009 The Wood Tracking System Guidelines (ii) Section 29(1) of the Wildlife Conservation and Management Act of 2016 Dynamic I.1.1.3 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic I.1.1.4 The FSO complies with the requirements for the payments of export levies. Receipts (GFC/FD) Regulation 41 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic Criterion 1.2 The FSO complies with import requirements and with the WTS Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier I.1.2.1 The FSO has an import licence. Import licence (GFC/FMD) Section 37 of the Forests Act No. 6 of 2009, Regulation 36 of the Forests Regulation 2018 Static I.1.2.2 The FSO has an import permit. Import permit (NPPO) Section 8 of the Plant Protection Act, No. 9 of 2011 Dynamic I.1.2.3 The FSO exercises due diligence to minimise the risk of importing timber products of illegal origin. (i) Due diligence assessment report (NPPO) (ii) CITES permit where applicable (Wildlife Conservation and Management Commission) (i) Regulation 36(3) of the Forests Regulations 2018 (ii) Section 29(1) of Wildlife Conservation and Management Act, Cap, No. 22 of 2016 Dynamic I.1.2.4 The FSO complies with the WTS requirements. WTS verification report (GFC/FMD) Regulations 23, 24, 25, 26 and 27 of the Forests Regulations 2018, The Wood Tracking System Guidelines Dynamic Principle 2 The FSO complies with its fiscal and social obligations (applies only to FSOs who are exporting and/or importing and are not covered by other matrices) Criterion 2.1 The FSO complies with required fiscal obligations Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier I.2.1.1 The FSO complies with the tax requirements of the applicable tax schedule published by the RA. One of the following verifiers: (i) valid Tax Identification Number certificate (for FSOs less than one year of operation) (RA) (ii) lodgement receipt (for FSOs exceeding one year of operation) (RA) For both verifiers: Section 4 of the Corporation Tax Act, Cap 81:03, Section 60A of the Income Tax Act, Cap 81:01 Static Criterion 2.2 The FSO complies with its obligations in relation to employment law and social security requirements Indicator number Indicator Verifiers

(responsible agency) Legislative/Administrative references Type of verifier I.2.2.1 The FSO has a certificate of compliance. Certificate of compliance (NIB) Section 16 of the National Insurance and Social Security Act, Cap 36:01, Regulations 4, 5, 14, 15 and 19 of the National Insurance and Social Security (Collection of Contributions) Regulations Static I.2.2.2 The FSO employs persons above the relevant statutory ages in accordance with the operations being conducted. Inspection report (MOL) Section 41 of the Occupational Safety and Health Act, Cap 99:10, Sections 2 and 3 of the Employment of Young Persons and Children Act, Cap 99:01 Static I.2.2.3 The FSO pays employees at or above the statutory minimum wage. Inspection report (MOL) Section 8 and 11 of the Labour Act, Cap 98:01, Section 4 and the Schedule to the Labour National (Minimum Wage) Order No. 15 of 2016 Static I.2.2.4 The FSO ensures that first-aid facilities are available or catered for at the workplace. Inspection report (MOL) Section 47 (1) (n) of the Occupational Safety and Health Act, Cap 99:10 Static I.2.2.5 The FSO ensures that workers are provided with the applicable PPE. Inspection report (MOL) Section 46 of the Occupational Safety and Health Act, Cap 99:10, Section 17 of the Forests Act No. 6 of 2009 Static I.2.2.6 The FSO reports and records all incidents of workplace accidents and injuries. Inspection report (MOL) Section 69 of the Occupational Safety and Health Act, Cap 99:10 Static I.2.2.7 The FSO complies with the non-discrimination legislation. Inspection report (MOL) Sections 4(2) and 5 of the Prevention of Discrimination Act, Cap 99:09 Static 5. Glossary Amerindian An "Amerindian" is defined in section 2 of the Amerindian Act, Cap 29:01, as any citizen of Guyana who belongs to any of the native or aboriginal peoples of Guyana or is a descendant of any of the native or aboriginal peoples of Guyana. Amerindian Village Council A "Village Council" is defined in section 2 of the Amerindian Act, Cap 29:01, as having been established under the authority of the Amerindian Act, the Annai District Council, Konashen Village Council, Baramita Village Council and any Village Council established by order of the Minister responsible for Amerindian Affairs. Annual operating licence An annual operating licence, as listed in section 39 of the Forests Act No. 6 of 2009, granted by the Guyana Forestry Commission for a sawmill used to break down and convert logs and cants into boards, planks,