We have a principal in English law "the spirit of the act". I expect distribution of endangerd plants, by botanic gardens, could be interpreted as a conservation measure in the interests of conservation, and therefore an extension of their remit given to them by the countries donating genetic material. The actions of responsable conservators not 'keeping all their eggs in one basket' Peter (UK) > The role of botanic gardens and arboreta as biological arks > > can not be overstated. *Ex situ* collections are the 'last best hope' > when > > all else fails. > > if we want to collect in these countries we have to obey their laws. > Their > > laws, in most cases, are based on one or more interpretations of the CBD. > > So the voluntary aspect (USA hasn't signed) is not really voluntary once > we > > start to work beyond the USA. > > The Nagoya Protocol, open for signature since 2 February this year, > reaffirms the CBD and seeks to bolster the legal basis for placing as many > obstacles as possible in the way of free access to wild genetic resources. > As the CBD website informs us: > > By helping to ensure benefit-sharing, the Nagoya Protocol creates > incentives to conserve and sustainably use genetic resources, and therefore > enhances the contribution of biodiversity to development and human > well-being.' > > (though it could deny you access to its plants). > > >