BBNJ: Understand onward disclosure to the BBNJ Clearing-House Mechanism
Find out what happens to information provided under the Biodiversity Beyond National Jurisdiction Act 2026 and what to do if you think information may be protected from disclosure.
Understand how information is disclosed
The UK BBNJ Focal Point is responsible for transmitting:
- pre-collection information forms
- post-collection information forms
- utilisation information forms
to the BBNJ Clearing-House Mechanism.
The UK BBNJ Focal Point will not send information to the BBNJ Clearing-House Mechanism if that information is:
- protected from disclosure under the National Security Act 2023
- protected from disclosure under UK law, in the opinion of the Secretary of State
The decision about whether information is protected from onward disclosure rests with the UK BBNJ Focal Point within the Foreign, Commonwealth and Development Office on behalf of the Secretary of State.
Check whether information may be protected from disclosure
Information protected from disclosure under the National Security Act 2023, and information which is protected from disclosure under UK law in the opinion of the Secretary of State, will not be submitted to the BBNJ Clearing-House Mechanism. This includes information protected from disclosure under the Official Secrets Act 1989.
Understand how pre- and post-collection information is handled
The information required during the pre-collection and post-collection stages broadly reflects the information required under the UK’s marine scientific research consent process.
The main differences relate to information on capacity-building opportunities associated with collection projects.
Contact the UK BBNJ Focal Point if you have concerns about disclosure
If a relevant person in respect of a collection project believes information required on a pre-collection or post-collection information form may be protected from disclosure, they should contact the UK BBNJ Focal Point as early as possible and before submitting any information.
Following such contact, when it comes to submitting information, the relevant person in respect of the collection project should highlight any material that they believe may be protected from disclosure, mark it as confidential and provide their reasons for doing so.
The UK BBNJ Focal Point will engage with the relevant person and consider the information and the reasons indicated before any onward disclosure takes place. The information will be treated as confidential by the UK BBNJ Focal Point during this process.
If a decision is made by the UK BBNJ Focal Point that no onward disclosure to the Clearing-House Mechanism is required, the information will continue to be treated as confidential by the UK BBNJ Focal Point.
If a decision is made by the UK BBNJ Focal Point that onward disclosure to the Clearing-House Mechanism is required, advance notice will be given to the relevant person before any such transfer is made. As much advanced notice as possible will be provided, and notice will be given no less than 2 weeks before onward disclosure.
For information on collection requirements, read:
Understand how utilisation information is handled
You only need to provide utilisation information when:
- a result is achieved, that is a publication, patent or product
- where there is commercialisation, that is a relevant product is made available in the course of commercial activity other than for the purpose of trialling the effectiveness of the product
Information about the utilisation of marine genetic resources (MGR) or digital sequence information (DSI) on MGR is only required for MGR collected from areas beyond national jurisdiction after 9 August 2026.
For information on utilisation requirements, read:
- Understand whether your activity counts as utilisation
- Report information for a marine genetic resource utilisation project
- Report information for a digital sequence information utilisation project
Understand how patent information is handled
The utilisation information form includes a general link to the UK Patent Office website.
You do not need to provide additional information about specific patents registered in the United Kingdom.
The link is included as a standard element of utilisation information submitted to the BBNJ Clearing-House Mechanism, regardless of whether a patent has been granted in relation to the utilisation project.
Contact the UK BBNJ Focal Point if you have concerns about disclosure
If a relevant person in respect of a utilisation project believes information required on a utilisation information form may be protected from disclosure, they should contact the UK BBNJ Focal Point as early as possible and before submitting any information.
Following such contact, when it comes to submitting information, the relevant person in respect of the utilisation project should highlight any material that they believe may be protected from disclosure, mark it as confidential and provide their reasons for doing so.
The UK BBNJ Focal Point will engage with the relevant person and consider the information and the reasons indicated before any onward disclosure takes place. The information will be treated as confidential by the UK BBNJ Focal Point during this process.
If a decision is made by the UK BBNJ Focal Point that no onward disclosure to the Clearing-House Mechanism is required, the information will continue to be treated as confidential by the UK BBNJ Focal Point.
If a decision is made by the UK BBNJ Focal Point that onward disclosure to the Clearing-House Mechanism is required, advance notice will be given to the relevant person before any such transfer is made. As much advanced notice as possible will be provided, and notice will be given no less than 2 weeks before onward disclosure.
Email: bbnjfocalpoint@fcdo.gov.uk