Guidelines on bioprospecting regulation

Prospecting in ancestral lands/domains requires prior informed consent of Indigenous Cultural Communities (ICCs), obtained according to their customary laws.
Local communities must also provide prior informed consent for prospecting within their areas.

Research Agreement required for all prospecting activities by foreign or domestic entities, on recommendation of the Inter-Agency Committee.
Traditional use by indigenous and local communities exempted from requiring a Research Agreement.
Commercial purposes require a Commercial Research Agreement.
Academic research requires an Academic Research Agreement, limited to recognized Philippine academic institutions and government or intergovernmental entities.
Agreements involving agents or principals must be reviewed to ensure compliance.

Applications submitted to the Inter-Agency Committee via the Protected Areas and Wildlife Bureau (PAWB).
Must include research proposal detailing purpose, funding, duration, biological/genetic materials, and quantities.
Proposal copies given to local or indigenous communities affected, with a 60-day waiting period before action.

Sample limits strictly followed; specimens must be deposited with the National Museum or designated government entities.
Filipino citizens and government entities granted access to specimens and data.
Discoveries and commercial products derived must be disclosed to the government and communities.
Royalties or other compensations must be provided for commercial use.
Agreements can be terminated unilaterally for violations or public interest.
Regular status and ecological reports required.
Foreign collectors must involve Filipino scientists at their expense.
Encouraged to collaborate with Philippine academic institutions and transfer appropriate technology or equipment.
Fixed fees imposed; Commercial agreements maximum term three years (renewable), Academic agreements five years (renewable).
Special provisions for endemic species and academic research scope.

Committee attached to DENR, chaired by DENR Undersecretary, co-chaired by DOST Undersecretary.
Includes representatives from Agriculture, Science community, Health, Foreign Affairs, National Museum, NGOs, and Indigenous Peoples organizations.
Members serve three-year renewable terms.
Supported by Technical Secretariat led by PAWB.

Process and recommend approval of Research Agreements.
Enforce compliance with agreement conditions and specimen limits.
Monitor export and deposition of materials.
Protect rights of indigenous and local communities, including ensuring prior informed consent.
Formulate guidelines for consent and recommend legislative measures.
Facilitate local scientific involvement.
Develop biodiversity knowledge frameworks and coordinate with biosafety bodies.
Issue implementing rules and regulations.

PAWB leads monitoring; DENR regional offices assist.
Decisions of Secretaries appealable to the President, with judicial recourse after exhausting administrative remedies.

Violations subject to criminal penalties under existing laws such as the National Integrated Protected Areas System Act and Revised Forestry Code.
Breach of Research Agreements can result in immediate termination and perpetual ban on prospecting activities.

Existing research projects may continue pending new agreements.
Existing valid contracts remain effective but require conformity with this Executive Order.

Committee activities funded per law, including departmental savings and fees from Research Agreements.

Executive Order effective upon publication and filing of certified copies.
Rules and regulations to be issued within three months by the Committee and DENR Secretary.