TITLE: Draft Legality Definition for EU - Guyana … materials, fibres for textiles and weaving,...

“ DRAFT” Guyana’s Standard for verification of legality of forest produce for Guyana - EU VPA (6th March, 2015.Version 3)

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DISCLAIMER: This version of the definition becomes the basis for Guyana’s

demonstration of Legal Origin of forest produce prior to finalization (field tests of the

definition will be implemented) and subject to prior written approval from Government of

Guyana and the European Commission. The NTWG therefore encourages public

comments and inputs in developing this legality definition.

TITLE: Draft Legality Definition for EU - Guyana Voluntary Partnership Agreement

Date of Document: 03-06-2015

Version of document: 3

Status of Document: Draft


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BACKGROUND

The total land area of Guyana is 21.1 million hectares, of which 18.4 million hectares are

forested. Therefore, 87.2 % of the country’s land resource is covered by forests. Of the forested

area, approximately 12.6 million hectares is State Forest administered by the Guyana Forestry

Commission.1 These forests are classified as swamp forest on the coast and rain forest, seasonal

and dry evergreen forest in the interior.

The forests of Guyana are valuable reservoirs of biodiversity and provide home to approximately

8,000 plant species and in excess of 1,000 species of terrestrial vertebrates. A high proportion of

the forests of Guyana is pristine (the forests of the Guiana Shield have been recognised as one of

the last remaining “frontier forests” of the world), they contain many animal and plant endemics

(it is estimated that 5% of all flora species in Guyana are endemic); these forests provide

numerous habitats for wildlife, and freshwater ecosystems further enhance the value of these

forests.2 In addition, the forests provide other ecological services: the regulation of water regimes

by regulating its flow through the hydrological system; the maintenance of soil quality and the

limiting of erosion and protection of the soil from the direct impact of rainfall; and modulating

climate.

In addition to the range of ecological services that the forests provide, the timber which the

forests yield for housing and industry, and the non-timber forest products assist in the country’s

social and economic growth and development. The average number of persons directly employed

in the forest sector over the past 5 years is 20,000 persons. Forestry contributes to employment

mainly in the rural and hinterland areas.3

The forest industries sub-sector consists of mainly logging and sawmilling operations with wide

ranging characteristics. For example, the capital requirements of the sector range from very low

to very high; its technological requirements range from very simple to very sophisticated; and

forest industries may be either labour or capital intensive. The forests are also used for

agriculture, research, ecotourism, Amerindian reservations, conservation and protected areas and

biodiversity reserves. Forests also provide socio-cultural services. They are an integral part of

Amerindian and local community culture, with forest resources being used as a source of food,

building materials, fibres for textiles and weaving, medicine, tannins and dyes by many

communities. In addition, several communities are involved in commercial harvesting and

utilisation of forest resources.4

In November 2009, Guyana and Norway signed a Memorandum of Understanding (MOU) for

funding of up to USD 250 million over a five year period. The MOU provides performance-

related finance to implement Guyana’s Low Carbon Development Strategy (LCDS), a national

1 Guyana Forestry Commission; Guyana REDD+ MRVS Year 4 Interim Report, 2015 2 Environmental Protection Agency; National Biodiversity Action Plan II, 2007 3 Guyana Forestry Commission; National Forest Policy Statement, 2011 4 Guyana Forestry Commission; National Forest Policy Statement, 2011


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plan to reorient Guyana’s economy on to a low–carbon path. In accordance with this strategy, a

Joint Concept Note (JCN) between the Government of Guyana and the Government of the

Kingdom of Norway launched one of the first national-scale REDD+ initiatives in the world

which identifies the stepwise and progressive development of the Guyana Monitoring Reporting

and Verification System (MRVS) as an “Indicator of Enabling Activity” outlined in the JCN,

Section 2. The aim of the MRVS is to establish a comprehensive, national system to monitor,

report and verify forest carbon emissions resulting from deforestation and forest degradation in

Guyana through successive carbon-stock assessments. Based on the results of the MRVS,

Guyana is able to harness REDD+ finance (payments based on results of deforestation and forest

degradation measured against an agreed level) to make strategic investments to reduce GHG

emissions in the energy and transportation sector, along with fostering the development of

alternative low-carbon industries to move the economy away from extractive industries.

To date, four national annual assessments have been conducted; the first assessment period

covered 01 October 2009 to 30 September 2010 (Year 1), the second (Year 2) covered the period

01 October 2010 to 31 December 2011, the third assessment covered the calendar year of 2012

and the fourth assessment covers the calendar year of 2013.5 Based on Year Four Interim

Measures Report (fourth assessment), the forest cover estimated as at 1990 (18.47 million ha)

was determined using manual interpretation of historical aerial photography and satellite images.

This area was determined during the first national assessment (GFC 2010) and verified

independently by the University of Durham. By 2011 (year 2), the forest cover had reduced to

18.38 million ha due to deforestation. In 2012 (year 3), the forest cover was re-assessed using

high resolution imagery and the baseline figure increased to 18.48 million ha. Finally, in 2013

(year 4), the total forested area was estimated as 18.47 million ha.5 More specifically, for Year 4,

the total area of deforestation over the 12 month period was calculated at 12 733 ha which is a

decrease of about 1 922 ha when compared to Year 3. As a result, in Year 3 the deforestation rate

increased relative to previous years to 0.079%, but however decreased to 0.068% in year 4.5 It

should be noted that the driver of Mining accounted for 90% (11 518 ha ) of the deforestation

reported for the most recent assessment (year 4)

Based on the results, Guyana is recognized as having a low deforestation rate compared to the

rest of South America, which according to the FAO 2010 forest resource assessment is tracking

at an annual deforestation rate of -0.41%/yr.

5 Guyana Forestry Commission; Guyana REDD+ MRVS Year 4 Interim Report, 2015


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TABLE of CONTENTS

CONTENTS PAGE

1. Acronyms.................................................................................................................................4

2. Introduction..........................................................................................................................5-6

3. Scope........................................................................................................................................7

4. Standard Effective Date..........................................................................................................7

5. Standard and Requirement – Legality Definition

A. Large Concessions (TSAs, WCLs)................................................................................8-10

B. Small Concessions (SFAs)...........................................................................................10-12

C. Amerindian Villages....................................................................................................13-15

D. Private Properties.........................................................................................................15-17

E. Agricultural and Mining Property Owners..................................................................17-18

F. Transportation of Forest Produce................................................................................18-19

G. Processing and Sale of Forest Produce........................................................................19-21

H. Export of Forest Produce............................................................................................21-22

6. Glossary of Terms.............................................................................................................23-27

7. List of Annexes

Annex 1: Regulatory Framework....................................................................................27-28

Annex 2: EU – Guyana VPA Product List..........................................................................29

Annex 3: Restricted, Protected and Keystone Species...................................................30-31

Annex 4: List of applicable environmental agreements Guyana has ratified.......................31

LIST OF ACRONYMS

CITES: The Convention on International Trade in Endangered Species of Wild Fauna and

Flora

CoC Chain-of-Custody

EU European Union

FLEGT Forest Law Enforcement Governance and Trade

FMO Forest Management Organization

GFC Guyana Forestry Commission

ILO International Labour Organization

NTWG National Technical Working Group

SFA Sate Forest Authorization

TSA Timber Sales Agreement

VPA Voluntary Partnership Agreement

WCL Wood Cutting Lease


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INTRODUCTION

Guyana and the European Union (EU) have commenced formal dialogue on an EU Forest Law

Enforcement Governance and Trade, Voluntary Partnership Agreement (VPA) (referred to

hereafter as EU – Guyana VPA). This Legality Definition for EU – Guyana VPA was

formulated to allow for the verification of legality of timber (as agreed in Annex 2 - Products

covered under the VPA) originating from forest operations and are in compliance with the

applicable sections of relevant laws and regulations related to the forest sector in Guyana. The

definition is tailored specifically for the EU – Guyana VPA programme and can also provide a

good platform for discussions with other trading parties. This document outlines the various

parameters to which the Forest Management Organisations (FMO) in Guyana shall comply with

for timber which are covered under the EU – Guyana VPA Licenses:

i. Granting of and compliance with rights to harvest timber for commercial purpose within

legally authorized boundaries;

ii. Compliance with relevant Laws and guidelines (see Legality Framework);

iii. Compliance with requirements concerning taxes, and export duties, royalties and fees

directly related to timber harvesting and timber trade;

iv. Respect for tenure or use rights to land and resources that may be affected by timber

harvest rights, where such rights exist;

v. Compliance with Guyana's Chain of Custody requirements.

In an effort to establish whether timber (see Annex 2) originating from Guyana are compliant

with this Legality Definition, several principles, criteria, indicators and verifiers were developed

and are outlined in tables A to H.

Taking into account Guyana’s land allocation system, land tenure and use rights, the multiple

ranges of Forest Management Organisations (FMO) and laws governing same, legality indicators

varies; hence, the development of specific matrices for each type of FMO. Forest Management

Organisations recognised herein are: (a) State Forest Operators (includes Timber Sales

Agreements (TSAs), Wood Cutting leases (WCLs), Sate Forest Authorization (SFAs),

Agricultural Leases, Mining Leases (b) Amerindian Villages with titled lands and (C) Private

Land Owners.

Public Consultation on Legality Definition

The “DRAFT” Legality Definition was formulated mainly on our existing systems and

processes. The draft definition was developed and consulted on by the members of the National

Technical Working Group (NTWG) and the relevant Sub Committees. During the period

between the 2nd version and this 3rd version of the Legality Definition, consultations were

scheduled and held across Guyana targeting all stakeholder groups through public forums.


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Consultations were carried out in cluster sessions which sought to bring persons from

neighbouring communities to discuss the VPA in greater detail. It should be noted that

consultations will be undertaken for every aspect of the VPA. Approximately 670 Amerindians

were consulted across Guyana, with representation from over 90% of the indigenous

communties. Representatives at these meetings were selected by Village Councils on the basis of

them not only understanding the prevailing issues, but also being able to return to their villages

and present information gathered to other village members and leaders. Noteworthy is the fact

that there were consultations held with indigenous groups who are currently not involved in

commercial forestry operations. Stakeholders provided their initial feedback during these

consultation sessions and were encouraged to provide further feedback to the EU FLEGT

Secretariat if so desired.

In addition, the 2nd version of the Legality Definition was circulated to key stakeholder groups in

the forest sector and civil society; both within Guyana and internationally, seeking feedback.

These included; loggers, logging associations, Amerindian communities, sawmillers, timber

exporters, Government Agencies and other stakeholders. They were all given the opportunity to

provide feedback through comments and recommendations. Prior to receiving the second version

via email, there were formal sessions which were organised in Essequibo, Demerara and Berbice

to present the LD to these stakeholders and get initial feedback. Feedbacks received were

reviewed by the NTWG and the relevant Sub Committee on a continuous basis for inclusiveness

and adjustment with the view of improving the definition and to make it as practical as possible.

Organizations and individuals are encouraged to submit their concerns, comments and

recommendations regarding this draft (version 3) of the legality definition to the EU FLEGT

Secretariat located within the Guyana Forestry Commission, Head Office in Kingston

Georgetown.


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SCOPE

The Definition outlined is applicable to all relevant commercial forestry operations within

Guyana’s State Forest, titled Amerindian Villages and other Private Property Owners. All such

operations shall be evaluated against the Principles of this Definition in order to obtain an EU

FLEGT License under the EU- Guyana VPA.

STANDARD EFFECTIVE DATE

This Legality Definition shall be effective from the date that the EU – Guyana VPA comes into

force.


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LEGALITY DEFINITION

The matrices below define the Legality Definition under the EU – Guyana VPA. Legality is

defined by compliance of the Forest Management Organization (FMO) with the Principles,

Criteria and Indicators outlined in matrices A to H below. It should be noted that the Principles,

Criteria and Indicators outlined in this document only apply to the products outlined in Annex 2

of this document: Applicable EU – Guyana VPA Product List. Additionally, only exports of

listed forest products to the EU are covered as part of this definition.

A. Indicators for Monitoring of Timber Sales Agreement and Wood Cutting Leases

Preamble:

Timber Sales Agreements (TSAs) and Wood Cutting Leases (WCLs) are state forests within

prescribed boundaries that are leased through concession approval by the Guyana Forestry

Commission to registered companies (referred to hereafter as the Forest Management

Organization –FMO) who display the necessary competence to sustainably manage the area.

TSA concessions are granted for duration of 20 years minimum and have a total area of at least

24,281ha, while WCL concessions have duration of 3-10 years and a total area size of 8,093-

24,281 ha. SFEP concessions have a duration of 1-3 years and has an area size from 8,093 ha and

over. An SFEP is allowed to harvest a percentage of its calculated annual allowable cut during its

exploratory stage subject to the GFC approval. The lease or agreement gives the concessionaire

(referred to hereafter as FMO) the legal right to occupy the land for the cutting and obtaining

timber.

Legality Matrix for Timber Sales Agreements (TSAs) and Wood Cutting Leases (WCLs)

PRINCIPLE 1

THE FMO6HASLEGAL RIGHTS TO HARVEST

AND OTHER PARTIES’ LEGAL TENURE RIGHTS

ARE RESPECTED

VERIFIERS

Criterion 1.1 The FMO Holds Legal Logging Rights To The Forest Source Documents and Information Sources

Indicator 1.1.1

The FMO is in possession of a legally valid concession

agreement/approval for the area from which all timber is

sourced.

Valid Concession Agreement/approval between GFC

and concessionaires.

Indicator 1.1.2

If the FMO has contracted a third party (includes concession

activities relating to harvesting and extraction of forest

produce within the forest concession), such arrangement

must be formally done and approved by the GFC using the

defined terms and conditions as outlined in the GFCs'

proposed contractual agreement format.

Written contractual agreement between the two parties

approved by the GFC following the GFCs' Contractual

agreement outline.(GFC Contractual Agreement outline

Version 1 of 2015)

6 Forest Management Organization can be at the level of a company, individual, Amerindian village, or other similar entity.


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Criterion 1.2

There Is Compliance By Both The FMO And Any

Contractors With National Laws Relevant To Other

Parties’ Tenure And Use Rights

Source Documents and Information Sources

Indicator 1.2.1

There are no legally titled Amerindian lands on GFC

approved forest concessions.

Land Title documents, boundary descriptions and

maps/plan at Guyana Lands and Surveys Commission

(GL&SC), Ministry of Amerindian Affairs (MOAA) and

GFC for Maps of forest concession area and

Neighbouring titled Amerindian Communities.

Indicator 1.2.2

Traditional uses and customary rights of Amerindian

peoples are not prevented by the FMO.

Review of evidence based reports from; the Ministry of

Amerindian Affairs, Village Councils, Indigenous

Peoples Commission, Amerindian NGOs and the

Guyana Forestry commission (GFC).

Indicator 1.2.3 Legal rights of other individuals or user groups are not

prevented by the FMO.

MOAA, Guyana Lands and Surveys Commission

(GL&SC), Guyana Geology and Mine commission

(GGMC, Guyana Forestry commission (GFC).

PRINCIPLE 2

THE FMO COMPLIES WITH THE FOREST LEGISLATION

AS IT PERTAINS TO FOREST MANAGEMENT AND THE

ENVIRONMENT AND ANY SPECIAL CONDITION AS THE

GFC INSTITUTES IN KEEPING WITH ITS MANDATE

VERIFIERS

Criterion 2.1

There Is Compliance By The FMO With Applicable

National Laws, Regulations, Guidelines And Code Of

Practice Relevant To Forest Management And To The

Environment.


Indicator 2.1.1

Approved 3-5 years Forest management plan exist or

special conditions prevailing as instituted by the GFC in

keeping with the GFC mandate.

Approved Forest Management plan, or special

requirements as instituted by the GFC (GFC Records).

Indicator 2.1.2 Approved Annual Operational Plan exists or special

conditions prevailing as instituted by the GFC in keeping

with the GFC mandate.

Approved Annual Operational Plan, or special

requirements as instituted by the GFC (GFC Records).

Indicator 2.1.3

The Annual Allowable Cut is calculated as recommended by

the GFC Code of Practice for Timber Harvesting (COP),

2014 Edition and approved by the GFC.

GFC’s approval of AAC as stated in the Approved

Forest Management plan (FMP), or Annual Operational

Plan (AOP) or interim approval by the GFC (GFC

records-Approved FMP,AOP and COP).

Indicator 2.1.4

There is a mechanism to monitor the issuance and usage of

GFC Log Tracking Tags.

Log tag management database and Production Record

database at the GFC.

Indicator 2.1.5

There is a mechanism to monitor that Logs and stumps are

tagged according to the national log-tracking system.

Removal Permit, Production Register from the FMO and

field visit or Stump Inspection reports by the GFC.

Indicator 2.1.6 Restricted, protected, and key stone species, should only be harvested and exported in accordance with the GFCs' COP for Timber Harvesting 3rd Edition.

GFC Approval letter/Document. Production Records/Register/Export documents as it relate to species identified in GFC COP for Timber Harvesting 3rd Edition (TSA), Page 49-51.


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PRINCIPLE 3

THE FMO HAS PAID REQUIRED FEES AND ROYALTIES VERIFIERS

Criterion 3.1

The Payment Of Fees And Royalties Applicable To The FMO Is Done To The Satisfaction Of The Relevant

Authorities. Source Documents and Information Sources.

Indicator 3.1.1

There is a mechanism to monitor the payments of royalties and any outstanding royalties are accounted for in accordance with the GFC’s accounting system.

GFC Payment Schedules and Receipts to determine financial standing

Indicator 3.1.2 There is a mechanism to monitor the payments of acreage fees and any outstanding fees are accounted for in accordance with the GFCs' accounting system.

GFC Payment Schedules and Receipts to determine

financial standing

PRINCIPLE 4

THE FMO COMPLIES WITH RELEVANT NATIONAL LEGISLATION AS IT PERTAINS TO LABOUR AND

LABOUR WELFARE.

VERIFIERS

Criterion 4.1

There Is Compliance By The FMO With National Laws, Regulations And Guidelines Relevant To Labour And

Labour Welfare. Source Documents and Information Sources.

Indicator 4.1.1 Workers are free to organise and/or join a trade union of their choice as outlined in the GFCs' COP for Timber Harvesting, 3rd Edition, Page 176

Interviews with employees and discussions with company so as to ascertain a balanced report

Indicator 4.1.2 The FMO does not employ anyone below the age of 16 years old. Company human resources record.

Indicator 4.1.3 No workers are engaged in forced labour as outlined in GFCs' COP for Timber Harvesting, 3rd Edition, Page 175 Interviews with employees and discussions with

company so as to ascertain a balanced report.

Indicator 4.1.4 Adequate first-aid facilities are provided Company records

Indicator 4.1.5 An Occupational Health and Safety (OHS) policy exists and is implemented. Company OHS Policy and company records as it

relates to safety gear issued to workers.

Indicator 4.1.6 Records of workplace accidents and injuries are kept. Company record (accident register).

Indicator 4.1.7 Workers are provided with personal protective equipment (PPE) as needed as outlined in GFCs' COP for Timber Harvesting, 3rd Edition (TSA/WCL), Page 137. Company PPE issuance record to workers.

(B) Indicators for Monitoring of State Forest Authorizations (SFAs)7

Preamble:

Sate Forest Authorizations (SFAs) refer to state forest concessions or leases granted by the

Guyana Forestry Commission allowing owners to remove a predetermined quota (quantity) of

timber from within it’s the forest concession boundaries. Such permits are valid for a period of 1-

2 years and are for area sizes less than 8,093 ha. It should be noted that in this type of operation

the concessionaires are not mandated to conduct pre-harvest inventory or the preparation of a

7 SFAs are areas issued for up to 2 years of size less than 8,000 ha.


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forest management plan or an annual operational plan before commencement of harvesting

operations.

Legality Matrix for State Forest Authorizations (SFAs)8

PRINCIPLE 1

THE FMO9 HAS LEGAL RIGHTS TO HARVEST


ARE RESPECTED

VERIFIERS

Criterion 1.1 The FMO Holds Legal Logging Rights To The Forest


Indicator 1.1.1 The FMO is in possession of a legally valid

concession agreement/approval for the area from

which all timber is sourced.

Valid Concession Agreement/approval between GFC and

concessionaires.

Indicator 1.1.2 If the FMO has contracted a third party (includes

concession activities relating to harvesting and

extraction of forest produce within the forest

concession), such arrangement must be formally

done and approved by the GFC using the defined

terms and conditions as outlined in the GFCs'

proposed contractual agreement format.

Written contractual agreement between the two parties

approved by the GFC following the GFCs' Contractual

agreement outline.(GFC Contractual Agreement outline

Version 1 of 2015)

Criterion 1.2 There Is Compliance By Both The FMO And Any

Contractors With National Laws Relevant To

Other Parties’ Tenure And Use Rights


Indicator 1.2.1

There are no legally titled Amerindian lands on GFC

approved forest concessions.

Land Title documents, boundary descriptions and

maps/plan at Guyana Lands and Surveys Commission

(GL&SC), Ministry of Amerindian Affairs (MOAA) and

GFC for Maps of forest concession area and

Neighbouring titled Amerindian Communities.

Indicator 1.2.2 Traditional uses and customary rights of Amerindian

peoples are not prevented by the FMO.

Review of evidence based reports from; the Ministry of

Amerindian Affairs, Village Councils, Indigenous Peoples

Commission, Amerindian NGOs and the Guyana Forestry

commission (GFC).

Indicator 1.2.3 Legal rights of other individuals or user groups are

not prevented by the FMO.

MOAA, Guyana Lands and Surveys Commission

(GL&SC), Guyana Geology and Mine commission

(GGMC, Guyana Forestry commission (GFC).

PRINCIPLE 2 THE FMO COMPLIES WITH THE FOREST

LEGISLATION AS IT PERTAINS TO FOREST

MANAGEMENT AND THE ENVIRONMENT AND

ANY SPECIAL CONDITION AS THE GFC

INSTITUTES IN KEEPING WITH ITS MANDATE

VERIFIERS

Criterion 2.1 There Is Compliance By The FMO With

Applicable National Laws, Regulations,


8 In accordance with the implementation of the Forest Act 2009, State Forest Permissions (SFPs) are now regarded as State Forest Authorizations

(SFAs)

9 Forest Management Organization which can be at the level of a company, individual, village/community, or other similar entity.


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Guidelines And Code Of Practice Relevant To

Forest Management And To The Environment.

Indicator 2.1.1

The Annual Allowable Cut is calculated as

recommended by the GFC Code of Practice for

Timber Harvesting (COP-SFA), 2014 Edition and

approved by the GFC.

GFC’s approval of AAC as stated in the Approved Forest

Management plan (FMP), or Annual Operational Plan

(AOP) or interim approval by the GFC (GFC records-

Approved FMP,AOP and COP).

Indicator 2.1.2

There is a mechanism to monitor the issuance and

usage of GFC Log Tracking Tags.


database at the GFC.

Indicator 2.1.3

There is a mechanism to monitor that Logs and

stumps are tagged according to the national log-

tracking system.

Removal Permit, Production Register from the FMO and

field visit or Stump Inspection reports by the GFC.

Indicator 2.1.4

Restricted, protected, and key stone species, should only be harvested and exported in accordance with the GFCs' COP for Timber Harvesting 3rd Edition (SFA).

GFC Approval letter/Document. Production Records/Register/Export documents as it relate to species identified in GFC COP for Timber Harvesting 3rd Edition (SFA), Page 41-42.

PRINCIPLE 3 THE FMO HAS PAID REQUIRED FEES AND ROYALTIES

VERIFIERS

Criterion 3.1 The Payment Of Fees And Royalties Applicable To The FMO Is Done To The Satisfaction Of The

Relevant Authorities.

Source Documents and Information Sources.

Indicator 3.1.1 There is a mechanism to monitor the payments of royalties and any outstanding royalties are accounted for in accordance with the GFC’s accounting system.


Indicator 3.1.2 There is a mechanism to monitor the payments of acreage fees and any outstanding fees are accounted for in accordance with the GFCs' accounting system.

GFC Payment Schedules and Receipts to determine

financial standing

PRINCIPLE 4 THE FMO COMPLIES WITH RELEVANT NATIONAL LEGISLATION AS IT PERTAINS TO

LABOUR AND LABOUR WELFARE.

VERIFIERS

Criterion 4.1 There Is Compliance By The FMO With National Laws, Regulations And Guidelines Relevant To

Labour And Labour Welfare.

Source Documents And Information Sources.


Indicator 4.1.3

No workers are engaged in forced labour as outlined in GFCs' COP for Timber Harvesting, 3rd Edition(SFA), 8

Interviews with employees and discussions with company so as to ascertain a balanced report.

Indicator 4.1.4 Adequate first-aid facilities are provided Company records

Indicator 4.1.5 An Occupational Health and Safety (OHS) policy exists and is implemented as outlined in the COP for Timber Harvesting, 3rd Edition (SFA), Page 93-95

Company OHS Policy and company records as it relates to safety gear issued to workers.


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(C) Indicators for Monitoring of Amerindian Villages.

Preamble:

Amerindian Village simply refers to legally titled lands held by Indigenous communities within

Guyana. These lands are granted and demarcated by the government through the Guyana Lands

and Surveys Commission (GL&SC). Generally, these lands are said to be communities’

traditional lands. Hence, the affairs of each Village are managed by an elected body called the

Village Council (VC). Likewise, each Village Council is responsible for the management of the

village’s forest resources; hence there is limited control or interference by the state. However,

once timber is utilised for commercial usage there must be compliance with GFC’s Log Tracking

and permitting system, hence by at large; the Wood Tracking System of Guyana.

Legality Matrix for Amerindian Villages

PRINCIPLE 1 THE AMERINDIAN VILLAGE HAS LEGAL RIGHTS

TO HARVEST AND OTHER PARTIES’ LEGAL TENURE RIGHTS ARE RESPECTED

VERIFIERS

Criterion 1.1 The Amerindian Village Holds Legal Logging

Rights To The Forest Source Documents and Information Sources

Indicator 1.1.1 The Amerindian village that is undertaking commercial forestry operation has legal title (as approved by the Government of Guyana or the courts of Guyana) for the forest land of which such commercial activities are taking place.

Amerindian Village Title Document and approved village plan (records held by the village Council, Ministry of Amerindian Affairs, Guyana Lands and Survey Commission and the Guyana Forestry Commission)

Indicator 1.1.2 In relation to harvesting timber for commercial purposes on non-land (salvaging timber in rivers, creeks and lakes) the Amerindian village must first obtain written permission from the Guyana Forestry Commission and a Mechanism for the Tracking of Timber acquired must be agreed between the Guyana Forestry Commission and the interested Amerindian Village so as to satisfy the requirements of the Guyana Wood Tracking System.

GFC Records and the Village Council records showing the written agreement between both parties.

Indicator 1.1.3 If the Amerindian Village has contracted a third party to carry out commercial timber harvesting operation on titled village land (activities related to harvesting and extraction of forest produce), such arrangement must be formally done (written contract outlining terms and conditions, signed by the Village Council on behalf of the Amerindian Village and the Contracting Party)

Signed Contract document held by the village Council and the third party.

Indicator 1.1.4 If the forest land is untitled and is recognised to be customary land by the Amerindian Village, the village cannot contract a third party to engage in timber harvesting and extraction.

Field Inspection report by the Village Council and the GFC.

Criterion 1.2 There Is Compliance By Both The Amerindian Village And Any Contractors With National Laws.


Indicator 1.2.1 The titled Amerindian Village does not harvest more than the amount allowed for external trade under traditional use (as approved by the Village Council

Village Council/CDC annual assessment confirming compliance..


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from time to time)

Indicator 1.2.2 Commercial Harvesting within the log source area is done in accordance with the National Wood Tracking System.

User Rights Permission from the Village Council. Field Visit and Monitoring Reports (Village Council and GFC)

PRINCIPLE 2 THE AMERINDIAN VILLAGE COMPLIES WITH RELEVANT NATIONAL LEGISLATION AS IT PERTAINS TO FORESTRY OPERATIONS.

VERIFIERS

Criterion 2.1

There Is Compliance By The Amerindian Village With Applicable National Laws, Regulations And Guidelines Relevant To Forest Management And

The Environment


Indicator 2.1.1 The Annual Allowable Cut (AAC) is determined by the Village Council.

Village Council document that outlines AAC quota.

Indicator 2.1.2 There is a mechanism to monitor the issuance and



database at the GFC and Village Council Level

Indicator 2.1.3 There is a mechanism to monitor that Logs and


tracking system.

GFC Approved Removal Declaration, Production Register

from the Amerindian Village and field visit or Stump

Inspection reports by the GFC.

Criterion 2.2

There Is Compliance By The Amerindian Village

With Applicable National Laws, Regulations,

Guidelines And The National Wood Tracking

System Relevant To Transportation Of Timber

And Timber Products.


Indicator 2.2.1 Transportation of logs outside of the legally titled

areas and is accompanied by relevant GFC

approved documents.

GFC Approved removal documents; Private Property

Declaration,Transshipment, Bill of Sale, Custody Form

and Clearance Pass or approved Export document.

Indicator 2.2.2 Transportation of lumber outside of the legally titled


approved documents.

GFC Approved removal documents; Private Property



PRINCIPLE 3 THE AMERINDIAN VILLAGEHAS PAID

REQUIRED FEES VERIFIERS

Criterion 3.1 The Payment Of Fees And Penalties Applicable

To The Amerindian Village Is Done To The Satisfaction Of The Relevant Authorities.


Indicator 3.1.1 There is a mechanism to monitor the payments of fees and penalties and any outstanding fees and penalties are accounted for in accordance with the GFC’s accounting system.


PRINCIPLE 4 THE AMERINDIAN VILLAGE COMPLIES WITH RELEVANT NATIONAL LEGISLATION AS IT

PERTAINS TO LABOUR AND LABOUR WELFARE.

VERIFIERS

Criterion 4.1 There Is Compliance By The Amerindian Village With National Laws, Regulations And Guidelines

Relevant To Labour And Labour Welfare. Source Documents And Information Sources

Indicator 4.1.1 No workers are engaged in forced labour Join interview with Village Council and employees.


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Indicator 4.1.2 The Amerindian Village does not employ persons below the age of 16 to work in commercial timber operations.

Join interview with Village Council and employees

Indicator 4.1.3 Adequate first-aid facilities are provided Village Council records.

Indicator 4.1.4 Records of workplace accidents and injuries are kept. Village Council record.

Indicator 4.1.5 Workers are provided with adequate personal protective equipment (PPE) as required by the Village Council.

Village Council record.

(D) Indicators for Monitoring of Private Properties.

Preamble:

Private Properties refer to land legally held by an individual, families or group either by title,

transport or legal order by the courts of Guyana. They are therefore responsible for the

management and utilisation of such land and forest resources. However, once timber is utilised

for commercial purposes there must be compliance with GFC’s Log Tracking System and

permitting system, hence by at large, the Wood Tracking System of Guyana.

Legality Matrix for Private Properties

PRINCIPLE 1 THE PRIVATE PROPERTY HOLDERHASLEGAL RIGHTS TO HARVEST AND OTHER PARTIES’ LEGAL TENURE RIGHTS ARE RESPECTED

VERIFIERS

Criterion 1.1 The Private Property Owner holds Legal Logging Rights To The Forest


Indicator 1.1.1 The Private property owner that is undertaking commercial forestry operation has legal title (as approved by the Government of Guyana or the courts)for the forest land of which such commercial activities are taking place.

Private Property title, transport, or court order documents.

Indicator 1.1.2 If the Private Property Owners has contracted a third party to carry out commercial timber harvesting operation on the privately owned land (activities related to harvesting and extraction of forest produce), such arrangement must be formally done (written contract outlining terms and conditions, signed by the Private Property Holder and the Contracting Party)

Signed Contract document held by the Private Property Owner and the third party.

Criterion 1.2 There Is Compliance By Both The Private Property Owner And Any Contractors With

National Laws.


Indicator 1.2.2 Commercial Harvesting within the log source area is done in accordance with the National Wood Tracking System.

Field Visit and Monitoring Reports by the GFC

PRINCIPLE 2 THE PRIVATE PROPERTY HOLDER COMPLIES WITH RELEVANT NATIONAL LEGISLATION AS IT

PERTAINS TO FORESTRY OPERATIONS.

VERIFIERS


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Criterion 2.1 There Is Compliance By The Private Property Holder With Applicable National Laws,

Regulations And Guidelines Relevant To Forest Management And The Environment


Indicator 2.1.1 The Annual Allowable Cut (AAC) is determined by the Private Property Holder.

Private Property document that outlines AAC quota.

Indicator 2.1.2 There is a mechanism to monitor the issuance and



database at the GFC and Private Property Level

Indicator 2.1.3 There is a mechanism to monitor that Logs and


tracking system.

Removal Declaration, Production Register from the

Private Property Holder and field visit or Stump Inspection

reports by the GFC.

Criterion 2.2

There Is Compliance By The Amerindian Village

With Applicable National Laws, Regulations,

Guidelines And The National Wood Tracking

System Relevant To Transportation Of Timber

And Timber Products.


Indicator 2.2.1 Transportation of logs outside of the legally titled

areas is accompanied by relevant GFC approved

documents.

GFC approved removal documents; Private Property



Indicator 2.2.2 Transportation of lumber outside of the legally titled


approved documents.

GFC approved removal documents; Private Property



PRINCIPLE 3 THE PRIVATE PROPERTY HOLDER HAS PAID REQUIRED FEES

VERIFIERS

Criterion 3.1 The Payment Of Fees And Penalties Applicable To The Private Property Holder is Done To The

Satisfaction Of The Relevant Authorities


Indicator 3.1.1 There is a mechanism to monitor the payments of fees and penalties and any outstanding fees and penalties are accounted for in accordance with the GFC’s accounting system.


PRINCIPLE 4 THE PRIVATE PROPERTY HOLDER COMPLIES WITH RELEVANT NATIONAL LEGISLATION AS IT

PERTAINS TO LABOUR AND LABOUR WELFARE.

VERIFIERS

Criterion 4.1 There is compliance by the Private Property Holder with national laws, regulations and

guidelines relevant to labour and labour welfare.


Indicator 4.1.1 No workers are engaged in forced labour Join interview with Private Property Holder and employees.

Indicator 4.1.2 The Private Property Holder does not employ persons below the age of 16 to work in commercial timber operations.

Join interview with Private Property Holder and employees.

Indicator 4.1.3 Adequate first-aid facilities are provided Private Property records.

Indicator 4.1.4 Records of workplace accidents and injuries are Private Property records.


Page | 17

kept.

Indicator 4.1.5 Workers are provided with adequate personal protective equipment (PPE) as required by the Private Property Holder.

Private Property records.

(E) Indicators for Monitoring of Agricultural and Mining Property Owners

Preamble:

Agricultural Leases are state lands granted and demarcated by the Guyana lands and Surveys

Commission (GL&SC) to individuals, groups or company for the purpose of agriculture. These

are areas merely allotted for conversion purposes, however if there are forest stands present, the

Lease holder is given the opportunity to utilise the produce for commercial or domestic purposes.

The holder then applies to the Guyana Forestry Commission for a State Forest Authorization in

conversion. In return the Lease holder or person or agent authorized by the lease holder is issued

with an agreement stipulating terms for compliance with the National Wood Tracking System

(log tracking, tagging, removal permit etc) and GFC’s permitting system among other

conditions. In the event that the Agricultural Lease falls within state forest allocated to

concession holders, the area is then excluded from such allocated concession. The Agricultural

Leases being areas in conversion are not required to comply with environmental standards set out

by GFC.

Mining Properties are areas granted by the Guyana Geology and Mines Commission (GGMC)

for the purpose of mining (gold, diamond, bauxite, etc). The permit holder or third party is given

the opportunity to salvage timber present within the boundaries of such permit. Upon request to

the Guyana Forestry Commission an agreement stipulating the terms for compliance with the

National Wood Tracking System (log tracking, tagging, removal permit etc) System and GFC’s

permit system, etc. Environmental conditions set out by GFC are also not a requirement.

Legality Matrix for Agricultural and Mining Leases

PRINCIPLE 1

THE FMO HAS LEGAL RIGHTS TO HARVEST


ARE RESPECTED

VERIFIERS

Criterion 1.1 The FMO Holds Legal Logging Rights To The

Forest


Indicator 1.1.1 The FMO is in possession of a legally valid mining

permit , Agriculture lease and/or an active State

Forest Agreement (from the GFC) for the area from

which all timber is sourced

Valid mining permit, Agriculture leases or Sate Forest

Authorization agreement, in effect.

PRINCIPLE 2 THE FMO COMPLIES WITH RELAVANT

NATIONAL LEGISLATION AS IT PERTAINS TO

FORESTRY OPERATIONS

VERIFIERS


Page | 18

Criterion 2.1 There Is Compliance By The FMO With

Applicable National Laws, Regulations And

Guidelines Relevant To Forestry Operations.

Source Documents And Information Sources

Indicator 2.1.1 Transportation of logs is accompanied by relevant

GFC approved documents.

Removal Permits and other valid documents can be

cross-referenced to the produce transported to determine

accuracy of the information inputted.

Indicator 2.1.2 Transportation of consignments of lumber is

accompanied by relevant GFC approved documents

to the point of royalty assessment or declaration.

Removal Permits and other valid documents can be

cross-referenced to the produce transported to determine

accuracy of the information inputted.

Criterion 3.1 The Payment Of Fees, Royalties, And Penalties

Applicable To The FMO Is Done To The

Satisfaction Of The Relevant Authorities


Indicator 3.1.1 There is a mechanism in place to monitor that

royalties, fees and penalties are collected and any

outstanding royalties, fees and penalties are

accounted for in accordance with the GFC’s

accounting system

GFC Payment records/Receipts

PRINCIPLE 4 THE FMO COMPLIES WITH RELEVANT

NATIONAL LEGISLATION AS IT PERTAINS TO

LABOUR AND LABOUR WELFARE.

VERIFIERS

Criterion 4.1 There Is Compliance By The FMO With National

Laws, Regulations And Guidelines Relevant To

Labour And Labour Welfare.



Indicator 4.1.3

No workers are engaged in forced labour as outlined in GFCs' COP for Timber Harvesting, 3rd Edition(SFA), Page 128

Interviews with employees and discussions with company so as to ascertain a balanced report.

Indicator 4.1.4 Adequate first-aid facilities are provided. Company records

Indicator 4.1.5 An Occupational Health and Safety (OHS) policy exists and is implemented as outlined in the COP for Timber Harvesting, 3rd Edition (SFA), Page 93-95

Company OHS Policy and company records as it relates to safety gear issued to workers.

(F) Indicators for monitoring the transportation of Forest Produce

Preamble:

All transportation of logs and lumber outside of the TSA/WCL or SFA forest concession must be

accompanied by a GFC approved removal document (trip sheets, removal permits, transhipment

permit, custody form, Timber Marketing Certificate, Clearance Pass and Bill of Sale). In

addition, the removal document must declare the species, and volume of timber being

transported with reference to GFCs’ tag numbers, permit number or license number (in case of a

sawmill) which provides evidence as it relates to the sourcing of the timber.


Page | 19

In certain cases, for example; for the removal of logs or lumber to a central log yard/log market

within or outside the forest concession, a Trip sheet or a Transhipment Permit can be used to

accompany logs in transit but these documents must be linked to a Removal Permit.

Furthermore, for the removal of logs and lumber from the forest concession to a primary

processing mill or to the point of export the relevant documents listed above can also be used.

For large concessions Removal Permits can be submitted on a monthly basis though all transport

of logs must be accompanied by rip Sheets or Transhipment Permits in such cases. Inspections of

removal documents are routinely done at forest stations located along main transport arteries. In

addition, spot checks are carried out unannounced by the GFC forest rangers on patrol.

Legality Matrix for Transportation of Forest Produce

PRINCIPLE 1 THE FMOCOMPLIES WITH THE NATIONAL

WOOD TRACKING SYSTEM AS IT PERTAINS TO

TRANSPORTATION OF FOREST PRODUCE

VERIFIERS

Criterion 1.1

There Is Compliance By The FMO With

Applicable Requirements Of The National Wood

Tracking System As It Relates To The Transport

Of Forest Produce.


Indicator 1.1.1 Transportation of logs by the FMO is accompanied

by GFC approved removal documents.

GFC approved removal documents; Removal Permits,

Trip sheets, Transshipment, Bill of Sale, Custody Form,

Clearance Pass, and timber market certificate

Indicator 1.1.2

Transportation of consignments of lumber by the

FMO is accompanied by the GFC approved

documents to the point of royalty assessment or

declaration.

GFC approved removal documents; Removal Permits,

Trip sheets, Transshipment, Bill of Sale, Custody Form,

Clearance Pass, and timber market certificate

Indicator 1.1.3

Transportation of Plywood by the FMO is

accompanied by the GFC approved documents.

Bill of Sale, Custody Form, Clearance Pass, and timber

marketing certificate.

Indicator 1.1.4

Transportation of Veneer by the FMO is

accompanied by the GFC approved documents.

Bill of Sale, Custody Form, Clearance Pass, and timber

marketing certificate.

(G) Indicators for monitoring the Processing and Sale of Forest Produce

Preamble:

In the Guyana Wood Tracking System the formal declaration of legality of timber is confirmed

at the first point of primary processing. This point may be in-forest for conversion by chainsaw

(sawpit licence), portable mill (sawmill licence) or at a static sawmill (sawmill licence).


Page | 20

In the case where logs are converted in-forest (using a chainsaw or mobile mill for example) the

removal and transport of lumber must be accompanied by a Removal Permit.

Logs entering a sawmill must be entered onto the Sawmill register of Produce Received which

records Removal Permit number, source, species, type of produce and volumes. Sales of sawn

lumber must be recorded on the Sawmill Sales Form and a monthly declaration made to the

Guyana Forestry Commission. Volumes of inputs and outputs must also be recorded on the

monthly Returns of Lumber Sawn and Lumber Produced.

It is important to monitor in detail the primary processing plant to determine the source before

logs are processed. By doing this, a high level of confidence can be established that material

received and used at other downstream processing facilities are legal. Additionally, downstream

processing facilities are required to keep a record of the volume of material utilised or sold and

present same to the GFC upon request. Thus from this information obtained, it is possible to

estimate conversion factors and make reconciliations of input and output volumes.

Lumber transported from a sawmill must be covered by a removal document in most cases; a bill

of sale is used or a GFC removal permit. All lumber entering a lumberyard must be recorded on

the lumberyard register which records input, output and origin of timber and this information

must be submitted monthly to the GFC.

Legality Matrix for Processing and Sale of Forest Produce

PRINCIPLE 1 THE FMO HAS IN PLACE A VALID LICENCE TO

PROCESS AND SALE OF TIMBER. VERIFIERS

Criterion 1.1

There Is Compliance By The FMO With

Applicable National Laws, Regulations,

Guidelines And Code Of Practice Relevant To

Processing And Trade Of Timber.

Source documents and information sources

Indicator 1.1.1

Sawmill and processing licences are held and up-to-date.

Actual licences and GFC’s licence database.

Indicator 1.1.2 Timber dealers licences are held and up-to-date. Actual licences and the GFC’s licence database.

Indicator 1.1.3

Sawpit license licences are held and up-to-date Actual licences and the GFC’s licence database.

PRINCIPLE 2 THE FMO HAS IN PLACE AN EFFECTIVE SYSTEM FOR MATERIALS RECEIPTS AND

STORAGE THAT ALLOWS FOR ASSESSMENT OF LEGALITY

VERIFIERS

Criterion 2.1 The FMO Can Verify Legality Of Origin Of All Timber Entering Facility



Page | 21

Indicator 2.1.1 Logs at the sawmill facility can be reconciled to supplier input and output for the identification of legal source.

Sawmill register, GFC Sawmill Database. Log tracking tags and removal permit.

Indicator 2.1.2 Consignments of lumber at the sawmill and lumberyard facilities can be reconciled to supplier input and output for the identification of legal source.

Sawmill and timber dealer register and GFCs; Sawmill Database. Log tracking tags and removal permit.

Indicator 2.1.3 Logs and lumber at a sawpit facility can be traced back to the source area.

Log tracking tags and removal permit.

Indicator 2.1.3 Logs, and consignments of lumber (if it is the first point of declaration) at a GFC Forest Station can be reconciled to the supplier input information (by a removal permit or bill of sale, custody or clearance pass) and allow for the identification of a legal source.

Removal permit or bill of sale, custody or clearance pass)

(H) Indicators for monitoring the Processing and Sale of Forest Produce

Preamble:

Exporters of wood products from Guyana must complete an Application for Export of Forest

Produce form 20. On this form the exporter must declare the wood source of the export product

indicating removal permit and/or receipt numbers. This form will be used by the GFC officers as

the basis for conducting reconciliation to verify that the produce intended for export was legally

obtained and declared to the GFC on a removal permit or a removal declaration.

The exporter must also apply for a Timber Marketing Certificate and all produce to be exported

must be graded by a GFC-licenced independent grader in accordance with the Guyana Grading

Rules for Hardwood. The grader will brand the produce and complete the relevant sections of the

TMC. Once the GFC is in receipt of the TMC application within 48 hours a GFC Grading

Inspector will do a 100 % verification of the grades assigned by the independent grader. If the

GFC Grading Inspector is satisfied that the forest produce meets the necessary quality standards,

the GFC Grading Inspector then affixes their brand and completes the relevant sections of the

TMC.

The TMC is issued to the exporter who will use the information stated to complete the other

relevant documentation. The exporter then applies for an Export Certificate. This EC is prepared

by the exporter and is for products already inspected and certified by the GFC. The exporter

subsequently completes the customs declaration (C72) and other forms that may be required by

Customs and Trade Administration and attaches the TMC, Commercial Invoice and the

application for the Timber Export Certificate. The GFC will stamp the C72 form (4 copies) and

the EC with approval for shipment and two GFC officers will sign authorizing the export of that

particular batch. The complete sets of authorized documents are then forwarded to CTA who will

examine and seal the container.


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Legality Matrix for Export of Forest Produce

PRINCIPLE 1 THE FMO HAS IN PLACE, A LICENCE AND APPROVED DOCUMENTS THAT ALLOW FOR

EXPORT OF TIMBER.

VERIFIER

Criterion 1.1 There Is Compliance With Declaration Of Export Sales And Shipping Information As Required By

The Relevant Authority


Indicator 1.1.1 Export licenses are held and are up-to-date Valid Export License

Indicator 1.1.2 Information is declared for timber to be exported as required by the GFC export documentation. (which allows for; name and address of buyer, date of export, description of produce, quantity, sales invoice/receipt/permit number)

Export invoice, timber marketing certificate, application for export, export certificate and Customs C72 Form.

PRINCIPLE2 THE FMO IS IN COMPLIANCE WITH RELEVANT LAWS, REGULATIONS AND GUIDELINES AS IT

RELATES TO THE EXPORTING OF FOREST PRODUCE.

VERIFIERS

Criterion 2.1 There Is Compliance With Relevant Laws, Regulations And Procedures For The Export Of

Forest Produces.


Indicator 1.1.3 All export taxes, royalties or penalties are paid or accounted for prior to the export of forest produce.

GFC Payment schedules and receipts.


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Glossary of Terms

Amerindian Means any citizen of Guyana who belongs to any of the

native aboriginal peoples of Guyana or is a descendant of

any such person

Amerindian Village Council Means a village established under the Authority of the

Amerindian Act, Annai District Council, Kanashen District

Council, Baramita Village Council and any other Village

Council established by order of the Minister under this Act.

Annual Allowable Cut The quantity of timber that can be removed per hectare of

forest in response to productive capacity of the resource

Annual Operational Plan A short document that sets out the main and detailed

activities to be undertaken by the licence holder in the

forthcoming calendar year (January to December) It

contains a review of the previous year’s operations and

plans that are put in place for the current year’s operation.

Chain-of-Custody The CoC in the forest products industry refers to the path

taken by raw materials from the forest to the consumer,

including all successive stages of processing,

transformation, and distribution.

CITES: The Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES) (ratified by

Guyana in 1973) is a convention established in 1973 that

regulates or prohibits the international trade of plant and

animal species that are believed to be harmed by or that

maybe harmed by international trade.

Clearance Pass This document is used for the release/removal of seized

forest produce/items. It could also be used for transporting

forest produce from privately owned lands; but only if the

produce is verified by officers of the Guyana Forestry

Commission (GFC) and branded. However, it is not

possible for the Officers to issue the Private Property

Removal declaration. This document is completed in

duplicate

Custody Form This document is used to facilitate the removal of forest

produce when legality is questionable to a known


Page | 24

destination. Only in this respect is it considered a removal

document. It is completed in triplicate.

Customary Rights Customary rights a re de f ined as rights which result

from a long series of habitual or customary actions,

constantly repeated, which have, by such repetition and by

uninterrupted acquiescence, acquired the force of a law

within a geographical or sociological unit. Interpretation in

Guyana’s’ context should also be in keeping with the

Constitution and other relevant laws of Guyana. They are

local usages belonging to all the inhabitants of a particular

place. In Guyana only the indigenous people have these

rights.

Forest Management Organization This refers to any individual, business or company

responsible for the management and operations of any

concession type inclusive of mining leases, private property

and agriculture leases.

Forest Management Plan May be defined as the practical application of business

methods and technical forestry principles to the operation

of a forest resource. It is based upon a detailed social,

economical and environmental appraisal, setting out the

order and extent of all activities to be carried out in a

concession

ILO: The International Labour Organization (ILO) is devoted

to advancing opportunities for women and men to obtain

decent and productive working conditions of freedom,

equity, security and human dignity. Its main aims are to

promote rights at work, encourage decent employment

opportunities, enhance social protection, and strengthen

dialogue in handling work-related issues.

Keystone Species A “keystone” or “cornerstone” species is a species that has

a disproportionately large effect on its environment

relative to its abundance. Such species play a critical role

in maintaining the structure of an ecological community,

affecting many other organisms in an ecosystem. Certain

plant species are considered a keystone species because

they are important to the animals in the forest; e.g. because

the species bears fruit several times a year or during

periods when few other species are fruiting.

Legal Verification: Verification of the source of raw material for compliance


Page | 25

with legal issues, which could be Verification of Legally

Harvested, Legally Traded, or Legal Right to Harvest. Legally Harvested: Raw material harvested:

Pursuant to a legal right to harvest timber in the

fores t management unit in which the wood was grown; and,

In compliance with national and sub-national laws governing the management and harvesting of forest resources.

Legally Traded: The wood, or products made from the wood, was:

Exported incompliance with exporting country

laws governing the export of wood and wood

products, including payment of any export taxes,

duties, or levies;

Imported incompliance with importing country

laws governing the import of wood and wood

products, including payment of any import taxes,

duties or levies or not in contravention of exporting

country laws governing the export of wood and

wood products, including payment of any export

taxes, duties, or levies;

Traded in compliance with legislation related to the

Convention on International Trade in Endangered

Species (CITES), where applicable. Legal Right to Harvest: Authorization to harvest in the forest management unit has

been granted: From the resource owner(s);

Under a valid permit, license or similar instrument issued pursuant to the laws and regulations governing the management and harvesting of forest resources.

National Log Tracking System A system used verify the origin of forest produce and to

control the levels of harvesting within State Forest areas

National Tech. Working Group (NTWG), the democratically elected body of persons to

steer the FLEGT process in Guyana. It comprises members

from the Civil Society, Private Sector and the Government

Removal Declaration This document is to be used to remove forest produce from

privately owned lands e.g. Amerindian reservations and

titled lands. This document is completed in duplicate.

Resource owner: The holder(s) of property and user rights over the land


Page | 26

and/or trees within a forest management unit, including

legally recognized rights held according to customary law.

Removal Permit A permit issued by the GFC to remove and/or transport

forest produce within Guyana

Sawmill License An Annual license issued by the GFC for a mill used to

break down and convert logs and cants into boards, planks,

scantlings or wood products suitable for further processing

State Forest Estate Any area declared to be a State Forest Estate by the

Minister, save and except Amerindian Village lands,

Iwokrama Rainforest and Kaiteur National Park

Timber Dealer’s License An Annual License issued by the GFC to persons who buy

and sell timber

Timber Timber includes;

a) A tree, or any ligneous part of a tree, whether

standing, fallen or felled and

b) Any wood, whether or not sawn, split, hewn or

otherwise cut up or fashioned, except firewood (Forest Act

2009).

Traditional Rights Any Subsistence right or privilege, in existence at the date

of the commencement of the Amerindian Act 2006, which

is owned legally or by custom by an Amerindian Village or

Amerindian Community and which is exercised sustainably

in accordance with the spiritual relationship which the

Amerindian Village or Amerindian Community has with

the land, but it does not include a traditional mining

privilege.

Transfer Note/ Bills Are travel documents which have been approved by the

GFC for the purpose of transporting forest produce in

addition to the other approved transport documents. These

are issued on a case by case basis depending on the

particular situation.

Transshipment Permit This document is used to facilitate the transporting of forest

produce that has been assessed for royalty and the Removal

Permit is surrendered to the Forest Station. The TSA/WCL


Page | 27

Transshipment Permits have one colour code (cream),

while the SFA has its own colour code (yellow).

Valid Concession Agreement Agreement signed by and between the GFC and the

Concession holder or representative

ANNEX 1: Regulatory Framework

Acts, Regulations &

Guidelines

Description

Forestry

Forests Act [2009]

An Act to consolidate and amend the law

relating to forest.

Forest Regulations [1953]

Guyana Forestry Commission

Act [2007]

An Act to repeal and replace the Guyana

Forestry Commission Act 1979, re-establish

the Guyana Forestry Commission, and

provide for incidental matters

GFC Code of Practice for

Timber Harvesting [2nd Ed.;

2002]

Safeguard the environment within Guyana’s

State Forest area and neighbouring &

downstream Resources, maintain a healthy

productive forest, protect soil and water

&provide effective control of timber

harvesting operation

Guidelines for Annual

Operation Plan

The Annual Plan of Operations sets out the main

and detailed activities to be undertaken by the

licence holder in the forthcoming calendar year

(January to December). It contains a review of

the previous year’s operations and plans that are

put in place for the current year’s operation

Guyana Log Tracking System

A system used to verify the origin of forest

produce and to control the levels of

harvesting within State Forest areas.

Environment/

Land-use

Environmental Protection Act

[1996]

An Act to provide for the management,

conservation, protection and improvement of

the environment, the prevention or control of

pollution, the assessment of the impact of

economic development on the resources and

matters incidental thereto connected

therewith.

Mining Act [1989]

An Act to make provision with respect to

protecting for and mining of metals, minerals

and precious stones, for regulating their

conveyance and for matters connected

therewith.

An Act to regulate international trade of

Guyana’s wildlife and to enable Guyana to fulfil


Page | 28

Wildlife regulations [1987]

its obligations under the Convention on

International Trade in Endangered Species of

Wild Fauna and Flora, Washington, 1973.)

Guyana Lands & Surveys

Commission Act [1999]

An Act to provide for the establishment of

the Guyana Lands & Surveys Commission,

to provide for its functions and for other

purposes connected therewith.

CITES [1975; ratified by

Guyana 1977; appendices

regularly updated]

Labour

Accidental Deaths and

Workmen's Injuries

(Compensation) Act [1916]

An Act that was incorporated into the

Occupation Health and Safety Act

Employment of Young Persons

& Children Act [1938]

An Act to amend the employment of young

persons and children

Holidays with Pay Act [1952;

repealed and re-enacted in

1995]

An Act to repeal and re-enact the Holidays

with Pay Act, to provide for the grant &

regulation of annual holidays with pay for all

categories and workers, & for matters

connected therewith & incidental thereto.

Guyana Constitution [1970;

1980]

An Act to enact a new constitution of the Co-

operative Republic of Guyana, to repeal the

Guyana Independence Act 1996, the Guyana

Independence Order 1966, and the existing

Constitution, and to provide for matters

incidental thereto or connected therewith.

Termination of Employment &

Severance Pay Act [1997]

An Act to provide for the conditions

governing termination of employment and

grant of redundancy or severance payment to

employees and for matters connected

therewith

Occupational

Safety &

Health Occupational Safety & Health

Act [1997]

An Act to provide for the registration and

regulation of industrial establishment for

occupational safety &health of persons at

work, & for purposes connected therewith or

material thereto.

Finance and

Trade

Customs (Amendment) Act

[1994]

An Act to amend the Customs Act

Indigenous

peoples

Amerindian Act [2006]

An Act to provide for the recognition &

protection of the collective rights of

Amerindian Villages & Communities, the

granting of land to Amerindian Villages &

Communities & the promotion of good

governance within Amerindian Villages and

Communities.


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ANNEX 2: EU – Guyana VPA Product List

10 Commission Implementing Regulation (EU) NO 927/2012, pg. 314 11 Commission Implementing Regulation (EU) NO 927/2012, pg. 315 12 Commission Implementing Regulation (EU) NO 927/2012, pg. 315 13 Commission Implementing Regulation (EU) NO 927/2012, pg. 318 14 Commission Implementing Regulation (EU) NO 927/2012, pg. 319

HS Codes DESCRIPTION Examples of Products

4403 Wood in rough whether or not stripped of

bark or sapwood or roughly squared10

Logs

Poles

Piles

Roughly squared

wood(roughly squared

with axe or mill)

4406

Railway or Tramway Sleepers, (cross-

ties) of wood11

Railway sleepers

Crane mats

4407

Wood sawn or chipped lengthwise, sliced

or peeled, whether or not planed, sanded

or end-jointed, of a thickness exceeding

6mm12

-Rough sawn timber

-Non profiled timber

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:

Veneer sheets

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-jointed13

- Dressed timber

- Profiled timber

4412

Plywood, veneered panels and similar

laminated wood14

Plywood

Veneered Panels


Page | 30

ANNEX 3: Restricted, Protected and Keystone Species

With regards to Tables A & B – Indicators for Monitoring Timber Sales Agreement & Wood

Cutting Leases and Indicators for Monitoring State Forest Authorization, the FMO shall not fell,

injure, or kill any protected species without permission.15,16 Trees that should be protected during

harvesting belong to roughly four main groups:

Trees belonging to keystone species.

- Hog Plum Spondias mombin

- Ubudi Anacardium giganteum

- Kokoritiballi Pouteria egregia

- Duru Apeiba spp.

- Pasture tree Trymatococcus paraensis

- Sawari (Butternut) Caryocar nuciferum

- Akuyuru Astrocaryum aculeatum

Trees belonging to the following two species may be felled, but at least three trees of these

species with a diameter at breast height greater than 40 cm shall remain in the block (100 ha)

following logging15,16:

- Aromata Clathrotropis brachypetala

- Maho Sterculia pruriens and S. rugosa

Potential crop trees:

- These trees will reconstitute the harvestable volume after one cutting cycle. They should

be protected so that the harvested volume can be reconstituted.15,16

Heritage trees:

- Social studies conducted during the development of the management plan will identify

any heritage trees. These trees are of great social importance and should therefore be

protected.15

15 Code of Practice for Timber Harvesting 3rd Edition, 2013, page 50-51 16 Code of Practice for Timber Harvesting 3rd Edition (SFA), 2013, page 42


Page | 31

ANNEX 4: List of applicable environmental international, regional and sub-regional

agreements Guyana has ratified.

1) UN ConventiononBiological Diversity(UNCBD)-August29,1994

2) UN FrameworkConventiononClimateChange(UNFCCC)-August29,1994

3) UN Convention to CombatDesertification (UNCCD)- June26, 1997

4) InternationalTropicalTimber Agreement (ITTA) –1994

5) Conventionon International Tradein EndangeredSpecies (CITES)–1973

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