Question & AnswerQ&A (EXECUTIVE ORDER NO. 247)
The State shall regulate the prospecting of biological and genetic resources to ensure their protection, conservation, sustainable use, and benefit for the national interest, while promoting the development of local science and technology capabilities for technological self-reliance.
Prior informed consent must be obtained, in accordance with customary laws, before prospecting biological and genetic resources within the ancestral lands and domains of indigenous cultural communities.
A Research Agreement is a contract between the Philippine government and the person, entity, or corporation prospecting biological and genetic resources, required as a precondition for allowing research and collection, either for academic or commercial purposes.
Two types are recognized: Commercial Research Agreement for research with commercial intent, and Academic Research Agreement for research primarily for academic purposes by recognized Philippine academic or governmental entities.
The Committee is composed of representatives from DENR, DOST, DA, DOH, DFA, the National Museum, members of the Philippine science community, an NGO representative, and a Peoples' Organization representative from indigenous cultural communities.
Minimum terms include limits on sample collection, specimen deposition with the National Museum, sharing discoveries with affected communities and government, payment of royalties, involvement of Filipino scientists, fixed fees, and agreement termination clauses.
The maximum term is three years, with the possibility of renewal upon review by the Inter-Agency Committee.
Violations may result in criminal penalties under existing laws such as the National Integrated Protected Areas System Act and the Revised Forestry Code, immediate termination of the Research Agreement, and a perpetual ban on undertaking prospecting in the Philippines.
The Protected Areas and Wildlife Bureau (PAWB) of the DENR, with participation from DENR regional offices, is the lead agency for monitoring implementation.
Decisions may be appealed to the Office of the President. After exhausting all administrative remedies, recourse to the courts is allowed.