"Article 1. Objectives. The objectives of this norm are:
(.)
- e)To ensure and facilitate access, as well as the adequate transfer of technologies compatible with the conservation and sustainable use of the components of biodiversity, under fair, favorable and mutually agreed terms.
(.)" "Article 2. Scope of application.
The access norms shall apply to the genetic and biochemical elements and resources of the components of biodiversity and their utilization, whether wild or domesticated, terrestrial, marine, freshwater or aerial, in situ or ex situ, that are found in the national territory defined in Article 6 of the Political Constitution, whether public or private property. Likewise, they shall protect and regulate the protection of associated traditional knowledge and the fair and equitable distribution of the benefits derived from the use of said elements and resources." "Article 5. Competent National Authority and Focal Point.
(.)
The person who holds the position of Executive Directorate of the Technical Office (Oficina Técnica) of CONAGEBIO or the person whom they delegate, shall act as the Focal Point on the issue of access to elements and genetic and biochemical resources of biodiversity and distribution of benefits derived from access before the Secretariat of the Convention on Biological Diversity, with prior endorsement of the Minister of Environment and Energy.
The delegation shall be carried out in accordance with the provisions of articles 89 to 92 of the General Public Administration Law (Ley General de Administración Pública) N° 6227 of May 2, 1978.
(.)" "Article 6. Definitions.
In addition to the definitions included in article 7 of the Biodiversity Law (Ley de Biodiversidad), these general norms shall use the following as a reference:
- a)Material Transfer Agreements (Acuerdos de transferencia de material) Agreement entered into between the interested parties, whether natural or legal persons, public or private, for the exchange and transfer of genetic and biochemical elements and resources of biodiversity maintained under ex situ or in situ conditions, for basic research. These agreements must be authorized by the Technical Office (Oficina Técnica) as stipulated in article 74 of the Biodiversity Law (Ley de Biodiversidad). The material transfer agreement does not in any case substitute for the corresponding access permit (permiso de acceso).
- b)Agreement between the interested party and the provider of the elements or resources (Acuerdo entre la persona interesada y el proveedor de los elementos o recursos) Agreement signed between the interested party and the provider of the genetic and biochemical elements or resources of biodiversity in accordance with the provisions of subsection r) of this same article.
- c)Economic exploitation (Aprovechamiento económico) Use of the genetic or biochemical resources of biodiversity for purposes of exploitation or commercial utilization, which requires access to them to carry out processes typical of technological-industrial development.
- d)Certificate of origin or of legal provenance (Certificado de origen o de legal procedencia) Official document issued by the Technical Office (Oficina Técnica) of CONAGEBIO certifying the legality of access to genetic and biochemical elements or resources of biodiversity and compliance with the terms under which the corresponding access permit (permiso de acceso) was authorized to the interested party.
- e)Scientific Collaborator (Colaborador Científico) Natural or legal person, national or foreign, who, together with the interested party and the principal investigator, participates in the research and development of the project.
- f)Local Community (Comunidad local) Human population that coexists in a specific geographic area and shares a collective identity that includes knowledge, traditions, innovations and life practices related to the conservation and use of biological diversity. They may be rural, urban, coastal and riverside communities.
- g)Concession (Concesión) Access authorization for economic exploitation (aprovechamiento económico), carried out on a constant basis, to the same biochemical or genetic properties of the elements of biodiversity, which the hierarchical superior of the Ministry of Environment and Energy grants to the interested party, national or foreign, once their application has been reviewed and forwarded by the Technical Office (Oficina Técnica) of CONAGEBIO. For the purposes of the application of this definition, the term "constant utilization" shall be understood when the interested party requests access at least three times in a continuous period of five years to the same genetic or biochemical resource.
Furthermore, concessions are neither exclusive nor exclusionary, due to the power of the Public Administration over public domain assets.
- h)Knowledge Associated with the Elements of Biodiversity (Conocimiento asociado a los elementos de la biodiversidad) Result of intellectual activity on elements of biodiversity generated in a traditional manner or following the scientific method.
- i)Traditional Knowledge (Conocimiento tradicional) It is dynamic knowledge that improves with constant innovation and experimentation.
The traditional element refers to the way in which it is acquired, shared and used through a social learning process that is unique in each indigenous culture and local community.
- j)Community Intellectual Rights sui generis (Derechos intelectuales comunitarios sui generis) Knowledge, practices and innovations of indigenous peoples and local communities, related to the use of the elements of biodiversity and the associated knowledge.
- k)Destination of the materials (Destino de los materiales) Establishments, companies, laboratories, research centers and institutes, and universities, where the research is carried out or the deposit and conservation of the materials are undertaken. Those establishments contracted for the sale of services by the interested parties for the analysis of materials and their subsequent elimination shall not be considered destinations of the materials.
- l)Fair and equitable distribution of benefits (Distribución justa y equitativa de beneficios) Participation in the monetary and non-monetary benefits derived from basic research, bioprospecting, and the economic exploitation (aprovechamiento económico) of the genetic and biochemical elements and resources of biodiversity, among the actors involved in the access and in the conservation of the components of biodiversity, with special attention to local communities and indigenous peoples.
- m)Genetic element (Elemento genético) Any material from living organisms that contains functional units of heredity.
- n)Basic research on biodiversity (Investigación básica en biodiversidad) Activity to investigate, examine, classify or increase the existing knowledge about biological elements in general or their genetic or biochemical characteristics in particular, without an interest in the commercialization of its results.
Routine teaching and diagnostic activities that use molecular biology or biochemical techniques and from which publishable scientific information is not derived shall not be considered basic research on biodiversity.
- o)Non-target organism (Organismo no blanco).
Living organism that could be affected by an interaction with a living modified organism whose genetic modification was not designed for that purpose.
- p)Interested party or person (Parte o persona interesada) Natural or legal person, national or foreign, interested in obtaining an access permit (permiso de acceso) to the biochemical or genetic elements and resources of biodiversity present in the country. May act through a legal representative.
- q)Access permit (permiso de acceso) for economic exploitation (aprovechamiento económico) Personal and non-transferable authorization, non-exclusive nor exclusionary for the interested party to make use of the biochemical or genetic elements and resources of biodiversity for commercial purposes, without necessarily being preceded by a basic research or bioprospecting program as part of the application. The access permit (permiso de acceso) when occasional shall be granted by the Technical Office (Oficina Técnica) of CONAGEBIO and when it acquires constant characteristics, obtaining a concession shall be required in accordance with Article 11 of this Regulation.
- r)Provider of the genetic or biochemical elements or resources of biodiversity (Proveedor de los elementos o recursos genéticos o bioquímicos de la biodiversidad) Natural person, legal entity or indigenous community, that possesses, is the owner, or is legally responsible for the place where access to the genetic or biochemical elements or resources of biodiversity materializes, or possesses the traditional knowledge associated with them and can authorize their access, upon fulfillment of the legal procedures established in the Costa Rican legal system.
That natural or legal person whose normal business or activity is solely the distribution or point of sale of organisms or their products under ex situ conditions shall not be a provider.
- s)Organic resource (Recurso orgánico) Any material from living organisms, wild or domesticated, that is utilized as such, in its entirety or in its parts, that does not imply access to the genetic and biochemical elements and resources of biodiversity.
- t)Biochemical resource (Recurso bioquímico) Any compound or molecule that exists naturally produced by the genetic expression or metabolism of living organisms, sought or used for its actual or potential value in bioprospecting or for commercial use.
- u)Genetic resource (Recurso genético) Any material from living organisms that contains functional units of heredity, whose actual or potential value is known.
- v)Royalties (Regalías) Monetary benefit, payment or economic compensation, calculated based on accounting profits after the payment of taxes and legal deductions. The royalty is generated or arises from the use, distribution or commercialization of a product, by-product, derivative or other material of commercial value, coming from the genetic or biochemical resources of biodiversity, according to the access permit (permiso de acceso) granted in accordance with the national legal system.
- w)Legal Representative Resident in the country (Representante Legal Residente en el país) A legal representative resident in the country shall be considered that person domiciled in Costa Rica, who has been previously designated as such by the interested party, through an express document, in which their acceptance is recorded, and whose function shall be to handle administrative notifications on behalf of their principal.
- x)Contained Use (Uso Confinado) Any operation, carried out within a premises, installation or other physical structure, that involves the manipulation of living modified organisms controlled by specific measures that effectively limit their contact with the outside environment or their effects on said environment.
- y)Utilization of genetic and biochemical resources (Utilización de recursos genéticos y bioquímicos) Carrying out research and development activities on the genetic composition and/or biochemical composition of genetic resources, including the application of biotechnology." "Article 7. Access permits (permisos de acceso).
This chapter regulates the procedures and requirements for obtaining three types of access permits (permisos de acceso) to the genetic and biochemical elements and resources of biodiversity or to the associated traditional knowledge:
- 1)Basic research 2) Bioprospecting 3) Economic exploitation (aprovechamiento económico) At the moment when basic research moves to bioprospecting, the interested party must notify the Technical Office (Oficina Técnica) so that the corresponding requirements are met. Likewise, the requirements required for economic exploitation (aprovechamiento económico) must be met when the purpose of the access ceases to be basic research or bioprospecting.
The access permits (permisos de acceso) are personal and non-transferable, non-exclusive nor exclusionary." "Article 8. Registration of interested parties.
The interested party, whether a natural or legal person, or their representative, must register with the Technical Office (Oficina Técnica) before applying for any type of access permit (permiso de acceso), for which they must complete under oath the form called: "Formulario para el Registro de interesados en permisos de acceso a los elementos o recursos genéticos y bioquímicos de la biodiversidad o al conocimiento tradicional asociado" and specify the following information:
- a)Name and full identification of the interested party, including the place and means for notifications. If not the interested party themselves, the representative must provide the document accrediting them as such.
If the applicant or applicants are natural or legal persons domiciled abroad, they shall designate a legal representative (representante legal), resident in the country.
- b)Type of permit they plan to apply for in the first instance: basic research, bioprospecting or economic exploitation (aprovechamiento económico)." "Article 9. General requirements to apply for the access permit (permiso de acceso) for basic research, bioprospecting or economic exploitation (aprovechamiento económico).
The interested party or their representative must properly complete the form called: "Formulario de Solicitud y Guía Técnica del proyecto de investigación básica, bioprospección o aprovechamiento económico para el acceso a los elementos o recursos genéticos o bioquímicos de la biodiversidad o al conocimiento tradicional asociado", as well as attach the documents indicated in this article, which, if in a foreign language, must be submitted with a translation into the Spanish language.
1. Application Form and Technical Guide.
The following information and documentation must be provided:
- a)Name and full identification of the interested party, including the place and means for attending notifications. If not the interested party themselves, they must indicate the data of the legal representative and the power of attorney under which they are acting.
- b)If the applicant or applicants are natural or legal persons domiciled abroad, a legal representative (representante legal) resident in the country shall be designated.
- c)Name and full identification of the principal investigator or the project coordinator in the case of economic exploitation (aprovechamiento económico), when they do not coincide with the interested party.
- d)Name and full identification of the scientific collaborator, national or foreign in the basic research, bioprospecting or economic exploitation (aprovechamiento económico) activities, if applicable.
- e)Name and full identification of the researchers, assistants or authorized persons who will enter the place where the materials will be collected.
- f)Type of permit requested: basic research, bioprospecting or economic exploitation (aprovechamiento económico).
- g)Title of the basic research, bioprospecting or economic exploitation (aprovechamiento económico) project.
- h)General and specific objectives of the project, and description of the purpose of the basic research, bioprospecting or economic exploitation (aprovechamiento económico).
- i)The type of material of interest and the approximate quantity required. In the case of access to ex situ collections, also include the collection data of the materials.
- j)The material collection methodology, procedures, experimental techniques, laboratory techniques and data analysis to be used in the access permit (permiso de acceso).
- k)Location of the place where the basic research, bioprospecting or economic exploitation (aprovechamiento económico) will be carried out, indicating the possessor or owner of the property where the materials are found under in situ conditions, the person responsible for the materials maintained under ex situ conditions, including geographic coordinates and indicating whether it is a protected wilderness area, an indigenous territory, a marine or freshwater area.
- l)The estimated term for the development of the project (material collection, analysis and obtaining results) and the maximum number of times the site will be entered.
- m)Estimated budget of the basic research, bioprospecting or economic exploitation (aprovechamiento económico) project and source of financing.
- n)Indication of the destination of the materials or associated traditional knowledge.
- o)Indication of the utilization of local or indigenous traditional knowledge associated with the use of biodiversity resources, in case it involves access to this type of knowledge.
- p)Indication of the studies or research that support prior knowledge about the elements or resources or associated traditional knowledge intended to be accessed.
- q)Manner in which the basic research, bioprospecting or economic exploitation (aprovechamiento económico) activities will contribute to the conservation of species and ecosystems, with emphasis on the species indicated in articles 55 to 57 of the Biodiversity Law (Ley de Biodiversidad) Nº 7788.
- r)Possible risks of environmental or cultural impact that may occur due to the access, the extraction and processing of the material, because of the granting of the access permit (permiso de acceso) to the requested biodiversity resources, such as: genetic erosion, detriment to biodiversity, indirect damage to species in danger of extinction or with reduced populations or under a ban. Furthermore, indicate the measures that will be taken during the project either to reduce, mitigate or compensate the potential environmental or cultural risk.
- s)Schedule of activities and scope of the research.
- t)Statement that everything declared was made under oath.
- u)Attach the following documentation:
1. Copy of the project or preliminary project to be carried out.
2. Original certification of legal status (personería jurídica), issued no more than one month prior, unless it indicates a shorter validity period, in the event that the interested party or the provider is a legal person.
3. Photocopy of the identity card or passport of the interested party or their legal representative, of the principal investigator or the project coordinator in the case of economic exploitation (aprovechamiento económico), in cases where they do not appear in person at the Technical Office (Oficina Técnica).
4. Representation documents or powers of attorney, when applicable.
5. Present, if it exists, the agreement or contract, as established in article 22 of this regulation.
6. Proof of the deposit made to CONAGEBIO's bank account, corresponding to the payment of processing fees, administrative fees and other costs stipulated by the Technical Office (Oficina Técnica) in accordance with article 17 of this Regulation.
7. A sworn statement when the access to the genetic elements and resources of biodiversity is for research, development and production purposes of living modified organisms for contained use (uso confinado), indicating that said activities will not be carried out for the purpose of causing adverse effects on human health, species and ecosystems nor for military and terrorist purposes.
8. Document describing the biosafety measures in accordance with the standards established by recognized international organizations, when the access to the genetic elements and resources of biodiversity is carried out for research, development and production purposes of Living Modified Organisms for contained use (uso confinado) within Costa Rican territory.
2. Prior Informed Consent (Consentimiento Previamente Informado) The prior informed consent (consentimiento previamente informado) may be obtained and negotiated through the signing of agreements, contracts or accords between the parties.
Public institutions shall have a maximum period of three months to resolve the granting of the prior informed consent (consentimiento previamente informado).
2.1 Common clauses. In all instruments, it is recommended to include common clauses addressing the following aspects, depending on whether it concerns basic research, bioprospecting or economic exploitation (aprovechamiento económico) projects. The Technical Office (Oficina Técnica) shall ensure that these terms are fulfilled in accordance with the third objective of the Convention on Biological Diversity:
- a)The general and specific objectives of the basic research, bioprospecting or economic exploitation (aprovechamiento económico).
- b)The place or places where the basic research, bioprospecting or economic exploitation (aprovechamiento económico) will be carried out.
- c)Name and full identification of the researchers, assistants or authorized persons who will enter the place where the materials will be collected.
If the parties agree that guidance and accompaniment from persons from local communities or indigenous peoples is required, these must be duly contracted and remunerated for this purpose.
- d)The type of material of interest and the approximate quantity of material required. In the case of access to ex situ collections, also include the original collection information for the materials.
- e)The methodology for collecting the material, procedures, experimental techniques, laboratory techniques, and data analysis to be used under the access permit.
- f)The estimated timeframe for developing the project (collection of materials, analysis, and obtaining results).
- g)Mutually agreed terms on the exchange of knowledge associated with the characteristics, qualities, uses, procedures, and care regarding the genetic and biochemical elements and resources of biodiversity.
- h)Agreed terms on any other condition that the practice or the outcome of the participatory process set forth in Article 83 of the Biodiversity Law of the local communities and indigenous peoples indicate as necessary.
- i)Express statement by the interested party to respect the protection measures for the knowledge, practices, and associated innovations of the local communities and indigenous peoples, as established in the national legal system on sui generis community intellectual rights.
- j)Mutually agreed terms on a possible study of the cultural impact resulting from the access, if applicable.
- k)Mutually agreed terms on the type and forms of technology transfer or generation of information derived from basic research, bioprospecting, or economic exploitation to the scientific collaborators, the local communities and indigenous peoples, and the provider of the resource.
- l)Mutually agreed terms on the equitable sharing of monetary and non-monetary benefits, in the short, medium, and long term, including, depending on the type of access permit, possible commercial profits from any product or byproduct derived from the acquired material. The provider of the resources and the interested party shall set an amount of money, which may range from zero up to ten percent (10%) of the research budget and up to fifty percent (50%) of the royalties obtained.
The interested party shall agree to deposit in favor of the provider up to 10% of the budget for basic research or bioprospecting, which shall be established in accordance with the will of the parties, and may range from zero to ten percent.
It must be deposited into a bank account or wherever the direct provider of the genetic and biochemical elements and resources of biodiversity indicates for this purpose. In the event that the interested party does not immediately have the full amount of the agreed percentage, payment of this percentage may be made in installments, according to the number and percentage of the budget disbursements received by the interested party, providing written notice of the deposit to the Technical Office and the provider. In the resolution granting the access permit, the Technical Office shall establish the obligation contracted. To agree on this percentage, the number and price of the requested samples, among other criteria, may be considered.
For economic exploitation projects, the interested party shall have the obligation to deposit up to 50% of the royalties collected, in favor of the provider of the resources: the National System of Conservation Areas, INCOPESCA, the local communities or indigenous peoples, farm owners, owners or those responsible for materials kept in ex situ conditions, where the economic exploitation will materialize, as defined or established in the prior informed consent. Payment of the same may be made in installments, as negotiated in the prior informed consent, providing written notice of the deposit or deposits to the Technical Office and the provider.
When the interested party is the possessor, owner, or legal responsible party for the place where the access to the genetic or biochemical elements and resources of biodiversity materializes, they shall have the obligation to pay up to 50% of the royalties collected, in favor of the Comisión Nacional para la Gestión de la Biodiversidad (CONAGEBIO), for the purpose of being invested in the fulfillment of its legal competencies. The obligations shall be established by the Technical Office in the respective permit approval resolution, which shall indicate the bank account into which such deposit must be made.
- m)Formal commitment, by the interested party, to certify the origin of the genetic and biochemical elements and resources and the associated knowledge, in any publication, procedure, or subsequent use given to them, including their eventual commercialization and that of their derivatives.
- n)Signature or fingerprint of the provider and the applicant, thereby formalizing the agreement to the terms of access.
- o)Other clauses negotiated between the interested party and the provider of the genetic and biochemical elements and resources of biodiversity.
2.2. Specific clauses for bioprospecting and economic exploitation projects. In addition to the preceding clauses, for bioprospecting and economic exploitation projects, the following clause must be included:
- a)The destination of the materials. The provider may negotiate with the interested party the manner in which subsequent shipments of the materials to other destinations will be communicated to them, which must be reported by the interested party to the Technical Office of CONAGEBIO for the corresponding legal procedure.
2.3. Providers.
The interested party or their duly registered legal representative shall address the representatives of the place where the access to the genetic and biochemical elements and resources of biodiversity will materialize, whether: the Director of the corresponding Conservation Area—in the event the property is state-owned—the farm owners, the authorities of the local communities or indigenous peoples, and the possessors or those responsible for materials kept in ex situ conditions, to discuss in depth the meaning and scope of the access; the terms for the protection of traditional knowledge they require; and the practical, economic, and logistical aspects of the access, in accordance with the provisions of this article and Transitory Provision 2 of this Regulation.
If the access is to materialize in a coastal-marine area that is not included in the definition of wetland in Article 40 of the Ley Orgánica del Ambiente or is not within the limits of a protected area declared as such, the prior informed consent must be processed before the Executive Presidency of INCOPESCA, for which it will request the corresponding technical criterion.
If the access is to materialize on the edges of public roads and sidewalks, or in rivers, lagoons, and wetlands, the prior informed consent must be processed before the authorities of the corresponding Conservation Area.
In the case of indigenous territories, the information shall be governed by the provisions of International Labour Organization Convention 169 on Indigenous and Tribal Peoples in Independent Countries, Ley Nº 7316. The prior informed consent must also be presented in the corresponding indigenous language, if so required by those involved.
3. For basic research or bioprospecting In addition to what is indicated in points 1 and 2, the interested party must:
- a)Submit in writing a formal commitment stating that, should the purposes of the permit be modified, whether for bioprospecting or economic exploitation, the Technical Office will be notified and the respectively established requirements will be met.
- b)Include in the prior informed consent, in accordance with the will of the parties, the commitment of the interested party to deposit in favor of the provider up to 10% of the budget for basic research or bioprospecting. Said percentage may range from zero to ten percent.
4. For economic exploitation In addition to what is indicated in points 1 and 2, the interested party must:
- a)Provide the description of the commercial use of the genetic and biochemical elements or resources of biodiversity intended to be extracted or of the associated traditional knowledge.
- b)Provide the financial feasibility study of the product, under sworn statement and certified by a Certified Public Accountant (Contador Público Autorizado). In the event the interested party is a foreigner not residing in the country, the Public Accountant must be internationally certified. This study must provide the five-year future projection, at market prices, including the following data:
1. Estimated demand data for 5 years to determine income 2. Estimated supply data for 5 years to determine expenses-costs 3. Determine the estimated break-even point 4. Projected income statement 5. Projected general balance sheet 6. Internal rate of return, net present value, and market discount rate according to the cost of capital estimated by the Central Bank and/or stock exchange 7. Cost of the access process for the genetic resource and percentage of use in the final product.
- c)Include in the prior informed consent, in accordance with the will of the parties, the commitment of the interested party to deposit up to 50% of the royalties collected, in favor of the provider of the resource: the National System of Conservation Areas, INCOPESCA, the local communities or indigenous peoples, the farm owners, owners or those responsible for materials kept in ex situ conditions, where the economic exploitation will materialize.
"Article 11. Procedure for granting concessions.
In cases of granting an access permit for economic exploitation that acquires the characteristic of being constant—that is, when the interested party has requested access at least three times within a continuous 5-year period for the same genetic or biochemical resource for commercial purposes—it shall be required henceforth to obtain a concession. The Technical Office of CONAGEBIO shall process the application and forward the case file with the respective recommendation to the Office of the Minister for its eventual approval and signature. Said concession may be granted for up to five years, with the possibility of extension upon prior request by the interested party." "Article 13. Resolution of approval or rejection.
The resolution issued by the Technical Office must clearly indicate whether the application was approved or rejected and the technical, social, or environmental justifications on which this act is based.
The approval resolution shall establish, among other conditions, the following:
- a)The term of the permit b) The obligation of the interested party to:
1. Deposit up to 10% of the research budget and up to 50% of the royalties collected in favor of the provider of the resources, if applicable.
As well as any other benefit or technology transfer that forms part of the prior informed consent.
2. Submit reports and their frequency, as well as scientific articles and publications derived from the authorized permits, in which acknowledgment shall be made of the contribution of the country and of the knowledge associated with the respective resource or resources. Additionally, a copy of the documents shall be delivered to the Provider and to the corresponding Conservation Area when the access permit involves wildlife. If the document is in a language other than Spanish, an executive summary in Spanish must be attached.
- c)The pertinent biosafety measures in accordance with the standards established by recognized international bodies, when the access to the genetic elements and resources of biodiversity is carried out for the purposes of research, development, and production of Living Modified Organisms for confined use within Costa Rican territory.
- d)Any condition or restriction the Technical Office deems necessary." "Article 19. Certificate of origin or certificate of legal provenance.
For the purpose of certifying the legality of the access, the interested party may request from the Technical Office, by simple application, the issuance of a certificate of origin, also called a 'certificate of legal provenance' (certificado de legal procedencia), which includes: the place and date of access, provider of the genetic or biochemical elements or resources, the type and quantity of material obtained, and the person, community, or communities that have contributed or will contribute their associated knowledge, innovations, and traditional practices. In addition, it shall indicate whether the interested party complied with the established regulations for the prior informed consent for basic research, bioprospecting, or economic exploitation, as well as the date and number of the corresponding resolution. The Technical Office shall design the corresponding format and issue it within a period not exceeding fifteen calendar days from the application." "Article 20. Verification and control.
The Technical Office, in accordance with the terms of the granted permit, shall carry out verification and control tasks. For such work, when it deems necessary, it shall coordinate with the interested party or the provider of the resource.
Officials of the Technical Office may conduct inspections on the property or place where the access materializes, at any time while the respective permit is in effect or once the activities contemplated therein have concluded.
The Technical Office shall also handle complaints and investigate the possible violation of the terms of the prior informed consent or the terms of the access permit. Furthermore, officials of the Technical Office shall handle any class of complaints of unauthorized access, and may also carry out ex officio verification and control tasks in order to identify possible unauthorized access and initiate the corresponding administrative procedures. For every action, officials must draft minutes of their control, inspection, or verification visits.
Officials of the Technical Office exercising control functions, duly identified as such, have police authority, and are therefore empowered to inspect, detain, transit, enter, retain, requisition, take samples for analysis, supervise control investigations, or develop them in accordance with the scope of the Biodiversity Law." "Article 21. Framework agreements.
Public universities and other duly registered research centers may periodically enter into, at the discretion of the Technical Office, framework agreements with CONAGEBIO, to process permits for access to the genetic or biochemical elements or resources of biodiversity—whether in in situ or ex situ conditions—or to the associated traditional knowledge, innovation, and practice; for basic research, bioprospecting, or economic exploitation, and must submit the respective reports, according to the terms and conditions established in the resolution issued by the Technical Office.
Public universities and other national or international research centers shall register with the Technical Office, using the registration form stipulated in Article 8 of this Decreto Ejecutivo.
In these cases, the legal representatives of the universities or institutions availing themselves of this benefit shall be criminally and civilly liable for the use given to them.
The purpose of these framework agreements is to facilitate the procedures and management of access permits for entities dedicated to basic research, bioprospecting, and the economic exploitation of the genetic and biochemical elements and resources of biodiversity." "Article 23. Duration of permits.
Access permits, for basic research as well as for bioprospecting and economic exploitation, shall be established for a maximum term of three years, extendable at the discretion of the Technical Office for up to three more years. Any extension must be processed before the Technical Office." "Article 26. Criteria for requesting an Environmental Impact Assessment When any of the activities of access to the genetic and biochemical elements and resources of biodiversity may alter or destroy elements of the environment or generate waste, toxic or hazardous materials, according to the parameters established by SETENA in coordination with the Technical Office, said activity must be subjected to an environmental impact assessment (evaluación de impacto ambiental). In accordance with the results obtained, the Technical Office shall proceed to approve, deny, or cancel the access permit."