Type of document: Scope: Status of document: Date of this version: June 6, 2013

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1 Type of document: Scope: Status of document: RA Standard Guyana DRAFT Date of this version: June 6, 2013 Title: RA document code: Consultation period: OPEN Approval body: Rainforest Alliance Contact person: Adolfo Lemus Contact Rainforest Alliance Standard for Verification of Legal Compliance for Forest Management Enterprises in Guyana VER-04-GUYANA 2011 Published by Rainforest Alliance. No part of this work covered by the publisher s copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, recording taping or information or retrieval systems) without the written permission of the publisher. Introduction The Rainforest Alliance (RA) 1 Standard for Verification of Legal Compliance (VLC) was developed to assess and verify that Forest Management Enterprises (FMEs) conform to the standard requirements related to forest harvesting laws and regulations applicable in the country and jurisdiction of operations. The standard also includes requirements for chain of custody (CoC) to ensure that all points along the defined supply chain maintain systems to document and control the flow of verified wood. Public Comment The Rainforest Alliance encourages public comments and inputs to standards and procedures, during and outside of the official consultation period. Organizations and individuals are encouraged to submit their concerns and/or comments regarding this standard to Rainforest Alliance, using the address above. This version of the standard becomes the basis for Guyana s specific Verification of Legal Compliance services offered by Rainforest Alliance. Prior to finalization, Rainforest Alliance may implement field tests of the standard (subject to prior written approval from the GFC and/or any other relevant agency/community). Note on the use of this standard All aspects of this standard are considered to be normative, including the scope, standard effective date, references, terms and definitions, tables and annexes, unless otherwise stated. 1 Rainforest Alliance auditing services are managed and implemented within its RA-Cert Division. All related personnel responsible for audit design, evaluation, and verification decisions are under the purview of the RA-Cert Division, hereafter referred to as Rainforest Alliance or RA. Rainforest Alliance Standard (VER-04-GUYANA) Page 1 of 21

2 Contents A B C D E Scope Standard Effective Date References Acronyms Standards and Requirements: Part I: Principles and Criteria for Verification of Legal Conformance Part II: Principles and Criteria for Chain of Custody Part III: Multi-Site Management Requirements Annexes Annex 1: Glossary of Terms Annex 2: Nominally legal sources and tenure in Guyana Annex 3: List of national forest and related laws and administrative requirements for Guyana Annex 4: List of the multilateral environmental agreements and ILO Conventions that Guyana has ratified Annex 5: List of endangered species in Guyana A Scope This standard shall be applicable to Forest Management Enterprises (FMEs) which shall be evaluated to all principles of the standard. The standard is applied to verify specifically defined forest areas, and does not verify individual batches of material. In order to verify the existence of credible Chain-of-Custody (CoC) system within the forest, FMEs shall also be evaluated against the CoC criteria for FMEs included in this standard (Part II). Part III of the standard is only applicable to FMEs that have two or more Forest Management Units (FMUs) included in the scope of verification. B Standard Effective Date This standard shall be effective from the date of the approved final version. The standard may be updated annually, replacing outdated versions as revised. All verified operations shall be required to comply with a national or regional adaptation of this standard within 6 months of the new version date. C References VER-03 RA Generic Standard for Verification of Legal Origin (VLO), 18JAN10. VER-04 RA Generic Standard for Verification of Legal Compliance (VLC), 18JAN10. FSC-STD V2-0 EN Controlled Wood Standard for Forest Management Enterprises. Rainforest Alliance Standard (VER-04-GUYANA) Page 2 of 21

3 D Acronyms CITES: CoC: CW: FME: FMU: GFC: ILO: NC: RA: The Convention on International Trade in Endangered Species of Wild Fauna and Flora. Chain of Custody. Controlled Wood. Forest Management Enterprise. Forest Management Unit. Guyana Forestry Commission. International Labor Organization. Non Conformance. Rainforest Alliance. RA-Cert: Auditing and certification division of the Rainforest Alliance. SFP: TSA: VLC: WCL: State Forest Permission. Timber Sales Agreement. Verification of Legal Compliance. Wood Cutting Lease. E Standards and Requirements In the standard each principle and its associated criteria are stated along with relevant indicators. All the criteria and indicators shall be audited in every verification audit, unless certain criteria or indicators are not applicable for the jurisdiction of the operation under evaluation. Part I: Criteria for Verification of Legal Compliance PRINCIPLE 1: LEGAL RIGHT TO HARVEST The legal status of the forest management enterprise (FME) shall be clearly defined and its boundaries delineated. The FME shall prove that it has validly obtained the legal right to operate and to harvest timber from within the defined forest management unit (FMU). 1.1 Clear and documented legal registration of FME with authorization to carry out forest management activities shall exist FME shall have valid Tax Identification Number and business/company registration to operate within the jurisdiction The registration of the FME shall have been granted according to the legally prescribed process The FME shall not be subject to a court or other legally established order to cease operations. Rainforest Alliance Standard (VER-04-GUYANA) Page 3 of 21

4 1.1.4 If the legal status and rights are being challenged, the FME shall be engaged in a legal process to resolve the challenges. 1.2 FME shall have legal authorization to harvest in the Forest Management Unit FME shall have documented permission from the Guyana Forestry Commission, Amerindian Village Council, Private Landowner The FME shall hold a valid license (TSA, WCL or SFP), or similar instrument governing the harvesting of forest resources Legal license or similar instrument shall have been issued according to the relevant laws and regulations by the Guyana Forestry Commission under authority of the responsible Ministry. 1.3 Evidence shall exist that the forest management area has been legally classified for the type of land-use or commercial activities conducted The forest harvesting activities shall correspond to the legal land use classification for the FMU Forest harvesting area shall be indicated on a map at a scale to permit identification of boundaries The harvesting areas shall not conflict with land-use classifications for areas where timber harvesting is prohibited The designation of the FMU for timber harvesting of the type being carried out shall have followed the legally prescribed procedures. PRINCIPLE 2: APPROVED PLANNING AUTHORIZATIONS AND OPERATIONS The FME shall have received the necessary approval for the basic and fundamental planning requirements legislated as necessary to enable forest management and shall adhere to the planning and operational requirements. 2.1 If legally required, a current Forest Management Plan approved by the relevant authorities shall be in place prior to commencement of corresponding forest management activities A forest management plan shall be in place prior to commencement of utilization of the forest and approved by the Guyana Forestry Commission The forest management plan shall have been approved according to the legally prescribed process Clear evidence (e.g. maps) shall confirm that the management plan area is located within the licensed FMU. Rainforest Alliance Standard (VER-04-GUYANA) Page 4 of 21

5 2.2 If legally required, annual operating or harvesting plans shall be in place and approved by legally qualified authorities If legally required, a current, approved operating or harvesting plan shall exist The contents of the operating and harvesting plans shall be consistent with approved forest management plans and adhered to in the field. 2.3 Legally prescribed dimension restrictions and annual allowable cut or production quotas shall clearly be included in applicable planning and operational documents and adhered to in practice. 2.4 Harvesting and felling shall be strictly confined to areas and species approved for harvesting by national, regional or local regulations; these shall be adhered to in practice and, if legally required, identified in the operating or harvesting plans Harvesting shall only be conducted within the authorized boundaries of FMU and shall not take place in areas where harvesting is legally prohibited or subject to restrictions Only species and/or trees allowed for harvest by the Forests Act and associated regulations shall be harvested For Timber Sales Agreements (TSAs), areas where harvesting is prohibited or subject to legal restrictions (e.g. riparian buffers, slopes exceeding a set gradient, etc.) shall be identified in maps and in the operating and management plans Wood confiscated or seized from illegal operations shall not be allowed as legally verified, unless being subject to recourse (e.g. fines, court decision, compensation) wood subsequently becomes legal following the relevant requirements of the law. 2.5 If legally required, approved Environmental and Social Impact Assessments shall be in place If required by the Guyana Forestry Commission or the Guyana Environmental Protection Agency, Environmental and Social Impact Assessments shall have been approved by the legally qualified authority, the Guyana Environmental Protection Agency. 2.6 FME shall keep approvals and related documents for a minimum of five years and until any renewal. PRINCIPLE 3: PAYMENT OF RELEVANT FEES AND TAXES The forest management enterprise shall fulfill all obligatory taxes, fees and/or royalty payments associated with maintaining the legal right to harvest and permitted harvesting volumes. 3.1 All applicable and legally prescribed fees, royalties, taxes and other charges shall be paid in keeping with the requirements of the GFC or relevant agency. Rainforest Alliance Standard (VER-04-GUYANA) Page 5 of 21

6 3.1.1 FME shall be current with required payments or have and abide by an agreed payment plan with the Guyana Forestry Commission and shall maintain documentation for payment of royalties and acreage fees Royalties shall be paid according to the actual harvested volume, species and qualities following legal requirements Income tax shall be declared according to the legislation and applicable tax shall be paid within required timelines. PRINCIPLE 4: TRANSPORT AND TRADE The FME shall adhere to applicable transport, trade, import or export regulations, procedures and restrictions. 4.1 FME shall be legally registered and licensed as a business and approved for conducting the defined business activities with the relevant authorities (e.g. GFC), as required by law. 4.2 Income from wood and wood product sales shall be declared according to the legislation, and income tax shall be paid in full within the required timelines. 4.3 FME shall adhere to applicable wood and wood products trade and transport regulations and/or restrictions The export price of forest products shall be approved by GFC as reflecting true market value (i.e., in line with the GFC benchmark prices for different species) prior to export. 4.4 Permission to trade CITES-listed species shall be documented, and compliance with the applicable provisions and requirements of CITES shall be demonstrated. 4.5 FME shall document clear evidence of possession of applicable authentic official documents (e.g., custom documents) of wood and wood products for import and export, in accordance with relevant laws and regulations All export of wood products must be accompanied by the appropriate documentation as required by the GFC, Customs and Trade Authority and Plant Health Services Unit. NOTE: All material shall be classified correctly according to species, quality and quantity. PRINCIPLE 5: FULFILLMENT OF HARVESTING REGULATIONS The FME shall be operating in conformance with legal requirements relating to the harvesting of forest products. Management plans and annual operating plans as required by law shall exist, shall contain accurate information, and be adequately implemented. 5.1 Conformance with relevant local and national laws, and legally binding codes of practice relating to forest management and harvesting operations shall be documented. Rainforest Alliance Standard (VER-04-GUYANA) Page 6 of 21

7 5.1.1 FME shall document and adhere to all legally prescribed specifications for harvesting, covering aspects such as timing, harvesting procedures, equipment, and/or layout of harvest. 5.2 FME shall be in conformance with the forest management plan requirements Forest management plans shall contain all the legally required information and procedures in accordance with the GFC Forest Management Plan Guidelines FME shall implement the management plan according to all applicable legal requirements. 5.3 FME shall be in compliance with requirements in annual operating or harvesting plans Annual operating or harvesting plans shall contain accurate information and procedures, according to all legal requirements as set out in the GFC Annual Plan of Operations Guidelines FME shall implement the annual operating or harvesting plans according to all legal requirements. 5.4 Reports on harvesting shall be compiled according to legal requirements. 5.5 FME shall document legality of all contractors, including the registration and compliance to legal requirements, to undertake harvesting activities. PRINCIPLE 6: FULFILLMENT OF ENVIRONMENTAL REGULATIONS The FME shall demonstrate conformance with local and national laws relating to the environmental obligations of a forest management operation, including but not limited to conservation of protected areas, wildlife, rare, threatened and endangered species, water and soil. 6.1 FME shall implement legally required environmental precautions and impact mitigation measures required, such as those related to soil damage, buffer zones, retention of trees, seasonal restrictions, etc. 6.2 FME shall implement nature protection regulations as applicable, for protected areas, set-asides, protected species, etc. 6.3 All legally required procedures for surveying, managing and protecting endangered or threatened species within the management unit shall be followed. 6.4 Employees of the FME shall be prohibited from hunting and trade in wildlife, unless it is legally permitted, and documented permission from the resource owner exists. 6.5 FME shall be in conformance with legal requirements of environmental monitoring, if applicable. Rainforest Alliance Standard (VER-04-GUYANA) Page 7 of 21

8 PRINCIPLE 7: WORKERS RIGHTS The FME shall demonstrate compliance with local and national laws relating to social issues, such as health and safety, labor laws, and third parties use rights. 7.1 FME and contractors shall meet all applicable laws and/or regulations covering health and safety of employees and their families Legal requirements on Occupational Health and Safety shall be adhered to National or regional minimum age established for persons involved in hazardous work shall be adhered to. 7.2 All employees of FME and contractors shall be employed under formal contract if legally required. 7.3 All employees shall be covered by applicable legally required insurance National Insurance Scheme payments should be made by the FME and contractors as required for its direct employees 7.4 All employees shall hold applicable legally required certificates of competence for the function they carry out. 7.5 All employees of FME shall be paid and treated in conformance with national laws and regulations, as well as applicable international conventions FME shall adhere to the International Labor Organization s Fundamental Principles: Freedom of association and the effective recognition of the right to collective bargaining; Elimination of all forms of forced or compulsory labor; Effective abolition of child labor; Elimination of discrimination in respect of employment and occupation Minimum wage laws shall be followed, if applicable. PRINCIPLE 8: THIRD PARTIES RIGHTS 8.1 Legally recognized customary rights shall be taken into account in management of forest resources Documented agreements with those who hold customary use rights shall be in place prior to harvesting Appropriate mechanisms and procedures shall be implemented to mitigate and resolve conflicts and grievances related to land rights and users rights. Rainforest Alliance Standard (VER-04-GUYANA) Page 8 of 21

9 PRINCIPLE 9: CONTROL OF UNAUTHORIZED ACTIVITIES The FME shall work to control unauthorized or illegal activities. The FME shall identify, monitor, and implement activities to control illegal or unauthorized activities that may occur within the FMU. 9.1 Illegal or unauthorized activities (e.g., illegal mining, illegal logging, poaching or illegal settlement) that may occur within or through the forest shall be identified and documented The FME should demonstrate awareness of non-forestry legal rights occurring on its concession (e.g. map of mining claims) As far as practicable the FME should identify and document non-forestry activities occurring in active areas of its concession. 9.2 Illegal or unauthorized activities shall be controlled in collaboration with the resource owner, regulatory agencies, and other relevant parties as appropriate Where illegal or unauthorized activities are identified within the concession, the FME shall inform the appropriate authorities and collaborate as feasible with control efforts. Part II: Principles and Criteria for Chain of Custody Documented control of the Chain of Custody (CoC) of forest products is fundamental to the traceability of verified forest products from the forest source through manufacturing and distribution, to ensure the authenticity of a verified product claim. This principle applies from the point of harvest up to the forest gate for FMEs. Note: in the CoC criteria, verified refers to materials qualifying as Rainforest Alliance VLC or equivalent. 10: QUALITY SYSTEM CRITERIA 10.1 FME shall define CoC system responsibilities and appoint staff positions One overall responsible person shall be designated for the CoC control system Individual responsible persons shall be designated for each critical control point in the CoC control system FME shall develop and maintain an up-to-date documented control system, procedures and/or work instructions to ensure implementation of all applicable CoC standard requirements FME shall develop and implement procedures for internal auditing of its systems as related to the requirements in this standard FME shall develop and implement procedures for addressing non conformances (corrective action requests, observations) identified by auditors. Rainforest Alliance Standard (VER-04-GUYANA) Page 9 of 21

10 10.5 FME shall develop training requirements and implement training as follows: All applicable staff and workers shall be trained on the CoC procedures to a degree relevant to the scale and complexity of the system and position Records shall be kept to demonstrate training has taken place FME shall define and document Verified Claim Categories (i.e., VLC) FME shall define the sales system(s) or Forest Gate for each verified product covered by the Chain of Custody system (e.g., standing stock; sale from log yard in the forest; sale at the buyer s gate; sale from a log concentration yard, etc.) 10.8 FME shall develop and maintain records to document quantities of verified materials for the following: Production of materials, and Outputs sold with and without a claim. 11: MATERIAL HANDLING AND SEGREGATION 11.1 FME shall develop and implement effective timber tracking system to demonstrate traceability from standing timber until ownership is transferred at the forest gate FME procedures and practices shall control the risk of mixing verified forest products with non-verified products which originate outside the scope of the verification A system shall exist to identify FME products as verified (e.g. through documentation or marking system) at the forest gate FME shall keep verified material physically separated as secure units at all stages of harvesting, storing, and transporting All material that cannot be identified as verified shall be kept physically separated from verified material. Note: material that is pending evidence of its legal status shall be kept separate until such time that adequate documentation is obtained FME shall use a distinguishing mark (e.g. the verification code) to identify products as verified at all stages of handling FME shall develop and implement procedures to ensure that marking to identify Rainforest Alliance verified materials are distinguishable from other verification/certification markings and claims. 12: SHIPPING AND SALES CRITERIA 12.1 FME shall include claim information on sales invoices and shipping documents, including the following: A description of the product as verified by Rainforest Alliance (i.e., RA VLC ). Rainforest Alliance Standard (VER-04-GUYANA) Page 10 of 21

11 The quantity/volume and species for each product The Rainforest Alliance verification code (i.e., RA-VLC-XXXXXX). 13: CLAIMS AND PUBLIC INFORMATION 13.1 FME shall not use the VLC claim until it is in possession of a valid Rainforest Alliance Verification Statement FME shall ensure that all VLC verification claims and marks follow the applicable Rainforest Alliance policies: On-product labeling shall not be permitted Use of the Rainforest Alliance Verified TM Mark off-product shall only be allowed in combination with a qualifying and approved verification claim Use of the verification code (RA-VLC-XXXXXX) on products shall only be used for traceability of products Use of the Rainforest Alliance Verified TM Mark in promotion of the FME s verification shall not imply that any aspects are included which are outside the scope of the verification FME shall have procedures in place to ensure and demonstrate submission of all Rainforest Alliance claims to Rainforest Alliance for review and approval prior to use FME shall have procedures in place and demonstrate that all review and approval correspondence with Rainforest Alliance for verification claims is kept on file for a minimum of five (5) years. Part III: Multi-Site Management Requirements The multi-site management criteria have been developed to facilitate evaluation of organizations that have two or more sites included in the scope of their supply chain and wish to manage those under one Verification Statement. The multi-site management requirements, plus communication with Rainforest Alliance, are coordinated by the Verification Statement Holder. Multi-site criteria allow Rainforest Alliance to evaluate the participating sites based on audit sampling in recognition of control and reporting systems monitored by the Verification Statement Holder. In addition to these criteria, Rainforest Alliance shall ensure that all sites included in the verification scope of a multi-site supply chain comply with all relevant legality and CoC requirements in the VLC verification standards as applicable. Rainforest Alliance Standard (VER-04-GUYANA) Page 11 of 21

12 14: DOCUMENTED PROCEDURES AND RESPONSIBILITY 14.1 The Verification Statement Holder shall appoint one person (or position) with overall responsibility for the multi-site management and conformance with Rainforest Alliance s multi-site management requirements The Verification Statement Holder shall have documented procedures in place, covering all multi-site requirements of this standard. 15: RECORDS 15.1 The Verification Statement Holder shall have access to, and collate data from all sites for Rainforest Alliance s annual audits as well as upon request The Verification Statement Holder shall maintain up-to-date, centralized records for all sites for a minimum of five (5) years, including: List of sites in the verification scope, including name, address, site manager, date of entry, and date of removal when applicable Signed consent forms for all sites Records showing the scope of verification for each site Volume summary data for each product group, including purchases, production and conversion, inventory, and sales for each site. 16: SITE MANAGEMENT AND AUDITING 16.1 All sites in the scope of the verification shall have signed a consent form that includes the following: Agreement to conform to the obligations and responsibilities of participation in the multisite verification for the period as described in the Verification Statement Holder procedures and the Rainforest Alliance VLC Verification Agreement Agreement to conform to the relevant Rainforest Alliance Standard(s) and correct any non-conformances identified by Rainforest Alliance and/or the Verification Statement Holder Prior to admitting a new site into the scope of the verification, the Verification Statement Holder designated auditor shall carry out an initial audit of each site to ensure that it complies with all the requirements of the applicable Rainforest Alliance verification standard The Verification Statement Holder designated auditor shall carry out an audit of each site at least once a year to confirm continual conformance with all the requirements of the applicable Rainforest Alliance verification standard. Rainforest Alliance Standard (VER-04-GUYANA) Page 12 of 21

13 16.4 When non-conformances are found during internal audits, the Verification Statement Holder shall issue corrective actions for the non-conformances to applicable sites and verify implementation The Verification Statement Holder shall provide reports with the results of all internal audits. Rainforest Alliance Standard (VER-04-GUYANA) Page 13 of 21

14 Annex 1: Glossary of Terms Chain-of-Custody (CoC): The path taken by raw materials, processed materials, finished products, and co-products from the forest to the consumer or (in the case of reclaimed/recycled materials or products containing them) from the reclamation site to the consumer, including each stage of processing, transformation, manufacturing, storage and transport where progress to the next stage of the supply chain involves a change of ownership (independent custodianship) of the materials or the products. CITES: The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 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 may be harmed by international trade. Ratified by Guyana in Claim Category: The type of certification or verification scheme that applies to the material/product that is being tracked within the CoC control system. Controlled Wood (CW): Wood or wood fiber that has been determined not to originate from one of the 5 excluded categories within the Forest Stewardship Council s (FSC) Controlled Wood standards. These categories are: forest areas where traditional or civil rights are violated; non FSC-certified forest areas having high conservation values which are threatened; genetically modified trees; illegally harvested wood; and natural forest areas converted to plantations or for non-forest use. FSC CoC certification requires that non-certified wood materials used in products with FSC claims must be controlled. Corrective Action Request (CAR): Required action or improvement that addresses a nonconformance identified in assessments, audits, or evidence presented at other points in time. CARs include defined timetables or deadlines for completion. Note: failure to successfully complete/close out CARs in a timely manner will mean suspension or termination of the Verification Statement. Customary Use Right: The FSC defines customary rights 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 context should also be in keeping with the Constitution and other relevant laws of Guyana. Documented Control System (DCS): Site-specific procedures for handling and tracking VLC verified material. Environmental and Social Impact Assessment: A voluntary assessment conducted to identify, evaluate and develop management measures for environmental and social impacts associated with the construction and operation of a project. Forest Gate: Defined as the point at which the timber harvested in the FME changes physical or legal ownership from the FME to a second legal entity. This may be at the point of felling (the standing tree or stump, the log landing, log yard, off-site mill or log yard, or at another defined point. Rainforest Alliance Standard (VER-04-GUYANA) Page 14 of 21

15 Forest Management Enterprise (FME): An organization or other single legal entity engaged in forest management. The forest management enterprise may be responsible for forest management over one or more forest management units. Forest Management Unit (FMU): A clearly defined forest area with mapped boundaries, managed by a single managerial body to a set of explicit objectives which are expressed in a self-contained multiyear management plan ILO: The International Labor Organization (ILO) is devoted to advancing opportunities for women and men to obtain decent and productive work in 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. ILO Fundamental Conventions: Adopted in 1998, the Declaration commits Member States to respect and promote principles and rights in four categories, whether or not they have ratified the relevant Conventions. These categories are: freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labor, the abolition of child labor, and the elimination of discrimination in respect of employment and occupation. Legality verification: Verification of the source of raw material for compliance 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 forest 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 in compliance with exporting country laws governing the export of wood and wood products, including payment of any export taxes, duties, or levies; Imported in compliance 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. Organization: May be a company or a FME or may refer to a specific client of Rainforest Alliance, or the Verification Statement Holder. Outsourcing: Subcontracted manufacturing or other handling services of materials by an offsite operation. Rainforest Alliance Standard (VER-04-GUYANA) Page 15 of 21

16 Product group: A product or group of products specified by the organization, which share basic input and output characteristics and thus can be combined for the purpose of Chain of Custody control and labeling. Resource owner: The holder(s) of property and usufruct rights over the land and/or trees within a forest management unit, including legally recognized rights held according to customary law. Set of sites: Describes sites that are producing or handling the same kinds of products, and producing or handling them according to fundamentally the same methods or procedures. Example: A multi-site verification applicant receives material from 10 participating sites: 2 FMEs, 4 saw mills, and 4 molding and carpentry plants. The verification scope would include 3 sets of sites. SmartWood shall check that the products originating from or handled at all sites within a potential set are substantially of the same kind, and are produced or handled according to fundamentally the same methods and procedures. This will enable SmartWood to determine if and how the sites may be divided into sets. Site: Refers to a company/facility/business that is included in the scope of the verification; a participating site may or may not be directly owned by the Verification Statement Holder. Participating sites do not hold individual certificates, but as long as they comply with all the requirements of their agreement with the Verification Statement Holder, and with the SmartWood verification standard(s), they can be included in the multi-site verification scope. Participating sites may include FMEs, processing, and storage facilities. Participating sites within multi-site supply chain verification can be divided into set of sites. SmartLogging: The SmartWood certification program for loggers that includes evaluation for best practice logging standards, quality of harvesting activities, protection of high conservation values, and Controlled Wood requirements, as well as optional evaluation according to FSC CoC requirements and Sustainable Forestry Initiative (SFI) procurement requirements. The SmartLogging service is not accredited or recognized by either FSC or SFI (or PEFC) at this time, but steps are being taken to achieve this. Visit the Rainforest Alliance website for information. SmartStep: The SmartWood stepwise approach to FSC certification, designed to provide forest management operations with a clear path to achieving FSC certification, while gaining access to potential market benefits before achieving certification. The SmartStep service, which is provided by the SmartWood Program, is not accredited or recognized by the FSC, but FSC is currently developing a system for accrediting stepwise approaches such as SmartStep. Visit the Rainforest Alliance website for information. Subset of sites: See Set of Sites. Verification Claim: A statement clarifying the scope of the Verification required to be accompanying any use of Rainforest Alliance or SmartWood Verification Mark. Verification Scope: A definition of all participating sites and species included under the Verification Statement s coverage. Verification Statement: The document that Rainforest Alliance issues upon confirming that the candidate operation has met all the requirements for VLC as outlined in the standards and policies. Rainforest Alliance Standard (VER-04-GUYANA) Page 16 of 21

17 Verification Statement Holder: Refers to the legal entity that the verification statement is issued to. In relation to multi-site verifications (verification of a whole or part of a supply chain), it is the verification statement holder that is responsible for the maintenance of conformance to the applicable standards. Rainforest Alliance Standard (VER-04-GUYANA) Page 17 of 21

18 Annex 2: Nominally legal sources and tenure in Guyana Elaboration of Nominally Legal Sources Legal Sources of Timber Clarification 1 Forest Management These cover the three (3) types of State Forest concessions Concessions issued by the Guyana Forestry Commission: TSA, WCL and SFP. 2 Industrial Tree Not applicable in Guyana Plantations (ITP) 3 Community Forests Two types of community forests are applicable: forests in titled indigenous lands (roughly equivalent to private land) and Logging Association forests which are State Forest concessions allocated to formally registered community associations. 4 Alienated Land Not applicable in Guyana 5 Private Land There are some forest products that originate from privately held lands, especially agricultural land. 6 Legitimate imports Not applicable in Guyana 7 Legitimate auctions Not applicable in Guyana Rainforest Alliance Standard (VER-04-GUYANA) Page 18 of 21

19 Annex 3. List of national forest and related laws and administrative requirements for Guyana Companies Act [1995] Forest (Exploratory Permit)(Amendment) Act [1997] Forests Act [1953] Forests Act [2009] Forest Regulations [1953] Amerindian Act [2006] Mining Act [1989] Wildlife regulations [1987] Guyana Lands & Surveys Commission Act [1999] GFC Code of Practice for Timber Harvesting [2nd Ed.; 2002] Environmental Protection Act [1996] Income Tax Act [1966; amended 1968, 1969, 1970, 1973, 1974, 1976, 1978, 1980, 1985, 1986, 1988, 1990, 1991, 2000] Corporation Tax Act [1970] Timber Marketing Act [1973] Log Export Policy [2009] Customs (Amendment) Act [1994] Timber Marketing Act [1973] Timber Export Act [1973] Timber Export Board (Transfer of Functions) Act [1981] Occupational Safety & Health Act (1997) Labour Act (1942) Constitution of Guyana (reference to workers rights) ILO Code of Practice for Safety and Health in Forestry Work (1998) Rainforest Alliance Standard (VER-04-GUYANA) Page 19 of 21

20 Annex 4. List of the multilateral environmental agreements and ILO Conventions that Guyana has ratified MLEAs UN Convention on Biological Diversity (UNCBD) - August 29, 1994 UN Framework Convention on Climate Change (UNFCCC) - August 29, 1994 UN Convention to Combat Desertification (UNCCD) - June 26, 1997 International Tropical Timber Agreement (ITTA) 1994 Convention on International Trade in Endangered Species (CITES) 1977 ILO Conventions Rainforest Alliance Standard (VER-04-GUYANA) Page 20 of 21

21 Annex 5. List of restricted tree species in Guyana Internationally restricted: CITES - None Nationally restricted: The following keystone tree species should not be felled by concessionaires without special permission from the Commissioner of Forests: Bulletwood (Manilkara bidentata) Hog Plum (Spondias mombin) Hubudi (Anacardium giganteum) Kokoritiballi (Pouteria egregia) Duru (Apeiba petoumo) Pasture tree (Trymatococcus paraensis) Sawari nut ( Caryocar nuciferum) Akuyuru (Astrocaryum aculeatum) Rainforest Alliance Standard (VER-04-GUYANA) Page 21 of 21