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Redrafting the Philippines Legislation on Access to Genetic Resources and Benefit Sharing (ABS)

Executive Order 247, which was adopted in 1995, prescribes guidelines and procedures for the prospecting of biological and genetic resources in the Philippines. The Order defines bioprospecting as the research, collection, and utilisation of biological and genetic resources for purposes of applying the knowledge derived therefrom for scientific and/or commercial purposes. A Research Agreement between the Philippine Government and a prospective bioprospecting applicant is necessary for the conduct of bioprospecting activites. This may either be an Academic Research Agreement (ARA) or a Commercial Research Agreement (CRA), both requiring the prospective applicant to satisfy certain requirements and undergo an application process managed and enforced by an Inter-agency Committee on Biological and Genetic Resources (IACBGR). The implementation of the Order had been questioned a number of times because of the tedious process involved before agreements are finally approved. Some local scientists and researchers found this regulation too demanding and a barrier to research and development. During the implementation of the Order, only one ARA and one CRA have been issued.

In 2001, the Philippines revised the procedures. Republic Act 9147 (the Wildlife Resources Conservation and Protection Act) of 2001 amended the definition of bioprospecting to research, collection, and utilisation of biological and genetic resources for the purpose of applying the knowledge derived therefrom solely for commercial purposes. The procedure for issuing a Commercial Research Agreement was streamlined and now includes a more reasonable period for approval. For scientific research activities, a separate procedure which was more simple and practical was adopted.

Implementing guidelines covering the access and benefit-sharing system, quota for the collection of specimens, determination of the amount of performance, ecological and rehabilitation bond, and the monitoring scheme had been drafted and presented to stakeholders for consultation.

For more information, contact Ms. Meriden Maranan at planning@pawb.gov.ph

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Guideline 40(b)
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Redrafting the Philippines Legislation on Access to Genetic Resources and Benefit Sharing (ABS)
Designing Administrative Feasibility and Enforceability into the Pollution-Control Laws of the United States
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