New regulations on the use of coco-de-mer kernel

New regulations on the use of coco-de-mer kernel

17-February-2019
Last week, cabinet approved the final draft of the Coco-de-Mer (Restriction on the Processing, Trade and Export of unprocessed Kernel of Coco-de-Mer) Regulations of 2019.

This regulation will regularise the overall trade in coco-de-mer kernel. This set of regulations is based on an exercise that was launched in 2017 whereby the Ministry of Environment, Energy and Climate Change invited interested individuals who wished to submit their expression of interest to obtain contracts to process and trade processed coco-de-mer kernel both on the international and local market.

These individuals were selected through a selection committee and the non-successful applicants had as option to appeal through an appeal committee that was also set up. The entire activity was proven a success and the ministry simply took the necessary steps to turn the entire exercise into law so as to provide a legal framework for the trade, processing and export of the coco-de-mer kernel. Therefore, they are comfortable with the fact that the procedures set up under the new regulations do indeed work and can be managed.

In addition, the successful applicants of 2017 still have an ongoing two-year contract with the ministry which will be ending in 2019.

They will be assessed and be eligible for a contract renewal this year. This year we will equally be launching a new expression of interest to allow new participants a possibility to get permit(s) to export, process or trade in the coco-de-mer kernel.

The set of regulations sets up two committees; mainly the selection committee which will comprise five members, mainly from the ministry itself, the ministry responsible for trade, a representative from the civil society, from Nisti and an expert in the field of conservation.

The decision of the Selection Committee shall be communicated in writing to the minister, and the minister shall have 7 days to notify the applicants of the decision of the selection committee.

If the applicants are not satisfied or feel aggrieved with the decisions of the selection committee, the set of regulations sets up an-hoc appeals committee where they can go to. This committee shall be set up by the minister and shall consist of three representatives from the department of Legal Affairs, from the ministry responsible for environment and an expert relevant to the subject matter appealed against.

The appeals committee shall have 30 days to deliberate and they can confirm, vary of quash the decision of the selection committee. Their decision shall be communicated to and accepted by the minister, who in turn shall communicate the decision to the aggrieved person within 7 days of receipt of the decision.
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