Consent of Indigenous Cultural and Local Communities
- Prospecting within ancestral lands and domains of indigenous cultural communities requires prior informed consent per their customary laws.
- Similar prior informed consent is required from concerned local communities whenever prospecting occurs.
Requirement for Research Agreements
- Prospecting activities must have a Research Agreement with the Philippine government, represented by DENR, DOH, DA, or DOST, depending on the nature of the activity.
- Traditional uses by indigenous and local communities do not require a Research Agreement.
- Research with commercial intent requires a Commercial Research Agreement, conforming to minimum standards.
- Academic purposes require an Academic Research Agreement, limited to recognized Philippine universities, academic institutions, domestic government, and intergovernmental entities.
- Agreements involving agents or principals must be reviewed to ensure compliance with substantive requirements.
Application Process for Research Agreements
- Applicants must submit proposals via the Inter-Agency Committee through the Protected Areas and Wildlife Bureau (PAWB).
- Proposals should include purpose, funding sources, duration, and details of biological/genetic materials and quantities.
- For Academic Agreements, proposals may be broader in scope.
- Proposals must be shared with local or indigenous community leaders with a 60-day waiting period before action.
Minimum Terms of Research Agreements
- Limits on sample quantities and strict compliance with approved lists.
- Deposit of collected specimens with the National Museum or designated government entity; holotypes must remain in National Museum.
- Filipino citizens and government must have access to specimens and data, even if deposited abroad.
- Obligation to inform government and affected communities of discoveries and commercial products derived from resources.
- Payment of royalties or other compensation to government, communities, or persons when commercial use occurs.
- Provision allowing government to unilaterally terminate agreements for violations or public interest.
- Regular status reports on research progress and ecological conditions must be submitted.
- Foreign involvement must include active participation of Filipino scientists at the Commercial Collector's expense.
- Encouragement or requirement to engage Philippine academic institutions, possibly including equipment transfer.
- Fixed fees payable to DENR as per established fee schedules.
- Maximum terms: three years for Commercial Agreements (renewable), five years for Academic Agreements (renewable).
- Special provision for endemic species requiring technology to be available locally, royalty-free.
- Academic agreements can cover multiple researchers under one umbrella with compliance ensured by the affiliated institution.
- Academic Collectors must apply for Commercial Agreements if research shows commercial potential.
Composition and Structure of the Inter-Agency Committee
- Chaired by an Undersecretary of DENR; Co-Chaired by an Undersecretary of DOST.
- Members include representatives from DA, science community, DOH, DFA, National Museum, an NGO active in biodiversity, and a People’s Organization representing indigenous communities.
- Members serve three-year terms, renewable once; replacements serve unexpired terms.
- Supported by a Technical Secretariat headed by PAWB, staffed by personnel from involved agencies.
Powers and Duties of the Inter-Agency Committee
- Processes and recommends approval of Research Agreement applications.
- Ensures adherence to agreement conditions and authorized collection limits.
- Deputizes and trains agencies to enforce regulations, preventing unauthorized collection/export.
- Protects rights of indigenous and local communities, including verifying consent.
- Formulates guidelines for prior informed consent and issues implementing rules.
- Recommends relevant legislative measures regarding biological and genetic resource utilization and intellectual property rights.
- Promotes local scientific involvement through advisory bodies.
- Establishes frameworks for knowledge enhancement and data dissemination on Philippine biodiversity.
- Coordinates with National Committee on Biosafety as needed.
- Decisions made by majority vote.
Monitoring of Research Agreements
- The Protected Areas and Wildlife Bureau (PAWB) leads monitoring enforcement.
- DENR regional offices assist in monitoring compliance.
Appeals and Remedies
- Appeals from Secretary decisions may be elevated to the Office of the President.
- Judicial remedies are available after exhausting administrative options.
Penalties and Sanctions
- Violations subject to criminal penalties under existing laws including the National Integrated Protected Areas System Act and Revised Forestry Code.
- Non-compliance with Research Agreement terms may lead to immediate termination and a permanent ban on prospecting activities.
Status of Existing Research and Agreements
- Existing research projects permitted under current laws may continue while conforming Research Agreements are negotiated.
- Valid contracts entered by government entities remain effective but must align with this Executive Order.
Official Document Depository
- All official documents such as agreements and minutes are deposited with the PAWB.
Funding for Implementation
- Funding for the Inter-Agency Committee activities shall conform to applicable law.
- May include departmental savings and fees collected from Research Agreements.
Effectivity
- The Executive Order and accompanying rules take effect upon publication in two newspapers of general circulation and filing certified copies with the U.P. Law Center.
Formulation of Implementing Rules and Regulations
- The Inter-Agency Committee shall draft the implementing rules and regulations.
- The DENR Secretary shall sign the implementing rules within three months of the Order's effectivity.