Article 37. Entry into force

735. This Article establishes the formal requirements for the entry into force of the Protocol– i.e. when the Protocol will become binding on States or regional economic integration organizations (REIOs). Procedures for ratification, accession, acceptance or approval of the Protocol will vary according to the domestic requirements of the State concerned. However, in each case, in order to become bound by the Protocol, a State or REIO will need to deposit an instrument of ratification, accession, acceptance or approval with the Depositary of the Protocol: the United Nations Secretary General.

736. Two separate issues are addressed in Article 37:

737. Article 37(1) determines the date of entry into force of the Protocol itself. This is 90 days after 50 Parties to the CBD have deposited their instrument of ratification or acceptance, approval or accession with the Depositary. In accordance with Article 41 CBD, the Secretary General of the United Nations (UN) is the Depositary of the Protocol. In practice, instruments of ratification, accession, acceptance or approval will be lodged with the Treaty Division of the UN Office of Legal Affairs at UN Headquarters in New York, USA.

738. For the first 50 States that have ratified, approved or acceded to the Protocol, the Protocol will enter into force in accordance with Article 37(1).

739. Under Article 37(2), the date of entry into force for States depositing their instruments of ratification, accession or approval after the Protocol itself has entered into force will vary, according to the specific situation of that State, as follows:

740. Once the Protocol has entered into force for a particular State or REIO, then that State or REIO is described as a Party to the Protocol.

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