[ DENR ADMINISTRATIVE ORDER NO. 97-27, July 31, 1997 ]
AMENDMENT OF SECTION 15. TRANSITORY PROVISIONS, OF DEPARTMENT ADMINISTRATIVE ORDER NO. 96-20 ALSO KNOWN AS THE IMPLEMENTING RULES AND REGULATIONS ON THE PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES
This Order is promulgated in the interest of setting a define time-frame for the negotiation and entry into force of Research Agreements for all bioprospecting research projects, contracts or agreements, pursuant to Section 11 of Executive Order No. 247, dated 18 May 1995.
SECTION 15. Transitory Provisions of DAO 96-20, also known as the Implementing Rules and Regulations on the prospecting of Biological and Genetic Resources, is amended to read as follows:
SEC. 15. TRANSITORY PROVISIONS
15.1 All existing contracts or agreements involving bioprospecting entered into by and between the DENR, DA, DOH, DOST, or any other government agency and any person/institution, local or foreign, shall remain valid and effective until 31 August 1997 only. Provided that bioprospecting activities conducted within the month of August 1997 shall require the clearances/endorsements from local community concerned and the necessary permits issued by appropriate agencies incorporating the appropriate provisions of E.O. 247. Provided, further, that no bioprospecting activity shall be allowed without the required Academic or Commercial Research Agreement after 31 August 1997. Provided finally, that existing agreements which took effect after the approval of E.O. 247 and already incorporating applicable and appropriate provisions of the E.O shall remain valid throughout the duration of the agreements, subject to annual review by the IACBGR and revision, if necessary;
15.2 "The DENR, DA or other government agencies authorized by law to grant permits to collect biological and generic materials shall immediately conduct a review of all existing collection permits issued prior to approval of DAO 96-20. Provided, that all permits involving bioprospecting researches/activities shall expire on 31 August 1997. Thereafter, the proponent shall apply for an Academic or commercial Research Agreement, as the case may be. Provided further, that permits issued by the DENR, DA or any authorized government agency as part of existing agreements mentioned in Sentence 4 Section 15.1 of this Order shall remain valid and effective for the period stated therein but not beyond 31 August 1998 and may be renewed upon recommendation by the IACBGR".
This Order shall take effect fifteen (15) days after its complete publication in two (2) newspapers of general circulation.
Adopted: 31 July 1997
SECTION 15. Transitory Provisions of DAO 96-20, also known as the Implementing Rules and Regulations on the prospecting of Biological and Genetic Resources, is amended to read as follows:
SEC. 15. TRANSITORY PROVISIONS
15.1 All existing contracts or agreements involving bioprospecting entered into by and between the DENR, DA, DOH, DOST, or any other government agency and any person/institution, local or foreign, shall remain valid and effective until 31 August 1997 only. Provided that bioprospecting activities conducted within the month of August 1997 shall require the clearances/endorsements from local community concerned and the necessary permits issued by appropriate agencies incorporating the appropriate provisions of E.O. 247. Provided, further, that no bioprospecting activity shall be allowed without the required Academic or Commercial Research Agreement after 31 August 1997. Provided finally, that existing agreements which took effect after the approval of E.O. 247 and already incorporating applicable and appropriate provisions of the E.O shall remain valid throughout the duration of the agreements, subject to annual review by the IACBGR and revision, if necessary;
15.2 "The DENR, DA or other government agencies authorized by law to grant permits to collect biological and generic materials shall immediately conduct a review of all existing collection permits issued prior to approval of DAO 96-20. Provided, that all permits involving bioprospecting researches/activities shall expire on 31 August 1997. Thereafter, the proponent shall apply for an Academic or commercial Research Agreement, as the case may be. Provided further, that permits issued by the DENR, DA or any authorized government agency as part of existing agreements mentioned in Sentence 4 Section 15.1 of this Order shall remain valid and effective for the period stated therein but not beyond 31 August 1998 and may be renewed upon recommendation by the IACBGR".
This Order shall take effect fifteen (15) days after its complete publication in two (2) newspapers of general circulation.
Adopted: 31 July 1997
(SGD.) VICTOR O. RAMOS
Secretary
Secretary