Scope of the Guidelines
- Applies to all bioprospecting activities by any resource user, including government agencies.
- Covers all biological resources in the Philippines, including wildlife, microorganisms, domesticated and exotic species.
- Applies to ex-situ collections sourced from the Philippines, except those under existing international agreements.
- Includes all areas such as protected areas, private lands, ancestral domains/lands consistent with IPRA.
- Additional regulations for species listed under CITES and IUCN Red List.
Exemptions from the Guidelines
- Traditional use, subsistence consumption, conventional commercial activities like fishing/logging.
- Scientific research on wildlife and agrobiodiversity under specific laws.
- Existing procedures for wildlife collection for commercial or conservation breeding.
- Exempt scientific studies with no commercial interests for academic or taxonomic purposes.
- Development of medicinal plants for traditional/alternative medicine governed by TAMA.
- Requirement that collectors in exempt activities undertake compliance if resources later used for bioprospecting.
Objectives of the Guidelines
- Streamline access procedures and facilitate compliance for legitimate resource users.
- Provide clear guidelines for obtaining PIC and benefit-sharing negotiations.
- Establish a transparent, efficient, and standardized monitoring system covering PIC, collection quota, benefit-sharing, and material transfer.
Key Definitions and Terms
- Bioprospecting: Commercial research, collection, and utilization of biological/genetic resources.
- PIC and FPIC defined emphasizing consensus, disclosure, and customary law.
- Resource User and Resource Provider roles defined.
- Coverage of species, areas, permits, and related governmental agencies.
- Explanation of Collection site, Bioprospecting Undertaking (BU), Biotechnology, Genetic resources and materials, Indigenous knowledge systems, and related terms.
Institutional Arrangements and Authority
- BU executed between resource user and DA and/or DENR Secretaries, co-signed by PCSD if in Palawan.
- Technical Committees assist in application evaluation, including representatives from NCIP, PCSD, and PITAHC as appropriate.
- IACBGR is dissolved; joint evaluations for species under overlapping DA and DENR jurisdiction result in a single BU.
Implementing Agencies Roles
- PAWB, BFAR, PCSD conduct initial and final evaluations; regional offices may handle evaluations.
- Agencies provide assistance to resource users and resource providers for compliance and negotiations.
- NCIP leads in assisting indigenous peoples regarding FPIC and benefit negotiations.
- PCSD leads in Palawan-specific activities.
- Agencies maintain a common information depository accessible within confidentiality limits.
Application and Issuance Procedures for BU
- Resource users inquire and apply through implementing agencies; pay application fees.
- PIC/FPIC must be secured from resource providers before bioprospecting.
- Negotiation of benefit-sharing follows PIC acquisition.
- Submission of PIC certificate, benefit summary, and compliance proof required.
- Technical Committees evaluate within 15 working days; decision given within one month.
- Upon approval, BU signed and performance bond posted prior to sample collection.
Standard Terms and Conditions in BU
- Include negotiated benefit-sharing terms.
- Compliance with complementary regulations.
- Basic contractual provisions specified in Annex I.
Collection Quotas and Fees
- Sample amounts limited according to an established quota unless justified for conservation reasons.
- Access to biological resources does not grant automatic access to associated traditional knowledge.
- Bioprospecting application fees set at Php 500 per implementing agency.
- Performance/rehabilitation bond posted at 25% of project cost before collection.
Procedures for Prior Informed Consent (PIC)
- PIC required from all resource providers (IPs, LGUs, PAMB, private landowners etc.).
- Notification through letter of intent and full research disclosure.
- Community consultations held with proper notices; summaries in understandable language.
- Issuance of PIC Certificate after community resolutions.
- FPIC follows IPRA rules; standard certification forms used.
- Government and NGOs encouraged to participate as witnesses.
- SEP clearance required for bioprospecting in Palawan.
Guidelines on Benefit-Sharing Agreements
- Negotiations conducted with duly designated representatives.
- Agreements binding unless ratification process reserved.
- Single BU incorporates terms agreed with all provider groups.
- Monetary benefits include bioprospecting fees, up-front payments, and royalties shared between government and resource providers.
- Local governments entitled to shares consistent with the Local Government Code.
Specific Benefit Provisions
- Minimum bioprospecting fee of US$3,000, adjustable up to three times based on conservation and commercial criteria.
- Reduced fees for Filipino resource users without foreign collaborators and for students conducting academic research.
- Royalties amounting to at least 2% of global gross sales shared 25% to government and 75% to resource providers.
- Up-front payments of US$1,000 annually per collection site credited against royalties.
Non-Monetary Benefits
- May include biodiversity inventory equipment, conservation supplies, technology transfer, training, infrastructure, health care, and capacity building.
Non-Reimbursement and Local Collaboration
- Payments made to providers are non-reimbursable irrespective of profit outcomes.
- Foreign resource users required to engage qualified Filipino collaborators.
Equitable Sharing Principles
- Benefits equitably shared among all groups with jurisdiction over collection sites.
- Funds for local communities and indigenous peoples must be used for conservation, environmental protection, alternative livelihoods, or as per ADSDPP under IPRA.
Access Rights and Monitoring
- Providers must allow access during BU term, while encouraged to monitor activities.
Compliance, Reporting and Monitoring
- Annual progress reports and certifications of PIC procurement, benefit acceptance, and collection quota compliance required.
- Technical Committees use checklists to monitor fairness and equity.
- Agencies monitor BU status individually or jointly.
- DFA and DOST assist in overseas monitoring and enforcement through diplomatic channels.
- Civil society participation encouraged for monitoring implementation and compliance.
Administrative Provisions and Funding
- Fees collected accrue to Protected Areas or Wildlife Management Funds per law.
- Implementation expenses borne by agency budgets and relevant special funds.
- Information reported to international bodies via Philippine CBD Focal Point.
Sanctions and Remedies
- Violation of BU leads to automatic revocation, material confiscation, bond forfeiture, and perpetual ban on resource access.
- Considered Wildlife Act violation, with administrative and criminal sanctions.
- Violations publicized nationally and internationally.
- Complaints investigated promptly; disputes encouraged to be resolved amicably.
Final Provisions
- Mandatory periodic review every three years to update provisions, especially benefit valuations.
- Severability clause maintains validity if any section is declared unconstitutional.
- Repeals inconsistent older orders and provisions.
- Effective immediately upon publication and filing with ONAR.