The contraction of animal genetic resources on a global scale has motivated countries to establish gene banks as a mechanism to conserve national resources. Gene banks should establish a set of policies that ensure they are complying with national laws. The two primary areas of consideration are how gene banks interact with the owners of the livestock from which they are collecting samples and the relevant national or international health standards. With respect to dealing with livestock breeders for the purpose of germplasm acquisition, private property rights are the most common legal issue that will come into consideration while building collections and distributing stored material. National animal health standards may determine which animals may or may not be collected and to what extent the germplasm can be used. Internationally, the country's overall health status will determine the type of testing necessary before, during and after collection to ensure the movement of germplasm across international boundaries and through the normal protocols of animal germplasm transfer. Policy-makers will need to evaluate if the current structure of the World Organization for Animal Health (OIE) regulations will allow the development of bilateral backup collections or if waivers should be given to facilitate the genetic security afforded through gene banking.