Question & AnswerQ&A (EXECUTIVE ORDER NO. 247)
The State's policy is to regulate the prospecting of biological and genetic resources to ensure their protection, conservation, sustainable use, and benefit to the national interest, while promoting the development of local science and technology capabilities.
Prospecting of biological and genetic resources within the ancestral lands and domains of indigenous cultural communities requires the prior informed consent of those communities, obtained in accordance with their customary laws.
Two types of Research Agreements are recognized: Commercial Research Agreements for prospecting intended directly or indirectly for commercial purposes, and Academic Research Agreements for prospecting primarily for academic purposes by recognized Philippine universities, academic institutions, government entities, or intergovernmental entities.
The Committee is composed of representatives from DENR (Chairperson), DOST (Co-Chairperson), DA, Philippine science community experts, DOH, DFA, National Museum, an NGO active in biodiversity protection, and a People's Organization representing indigenous cultural communities.
The maximum term for a Commercial Research Agreement is three years, renewable upon review, while the term for an Academic Research Agreement is five years, also renewable upon review.
Key terms include limits on sample quantities, depositing specimens in the National Museum or designated entity, access for Filipinos and government entities to specimens, royalty payments for commercial use, involvement of Filipino scientists, status reports, and provisions for unilateral termination by the Philippine government.
Violations may result in criminal penalties under existing laws, immediate termination of the Research Agreement, and a perpetual ban on undertaking prospecting of biological and genetic resources in the Philippines.
PAWB serves as the Technical Secretariat of the Inter-Agency Committee and is the lead agency in monitoring the implementation of Research Agreements, including regional DENR offices.
Decisions may be appealed to the Office of the President, and recourse to courts is allowed only after all administrative remedies have been exhausted.
Foreign Commercial Collectors or their Principals must ensure active involvement of Filipino scientists in research, collection, and technological development related to the biological and genetic resources, at the expense of the Commercial Collector.