EL SALVADOR'S PROGRESS TOWARDS COMPLIANCE WITH THE

UNCLAS SAN SALVADOR 000940

SIPDIS

SIPDIS

QUITO FOR ECON/DTITUS

E.O. 12958: N/A
TAGS: SENV ETRD EAGR TBIO ES CAFTA
SUBJECT: EL SALVADOR'S PROGRESS TOWARDS COMPLIANCE WITH THE
CARTAGENA PROTOCOL ON BIOSAFETY

REF: A) STATE 34706; B) 2005 SAN SALVADOR 000295


1. Summary. The GOES is slowly moving to comply with the
Cartagena Protocol on Biosafety and improve the environment
for the use of biotechnology. A new law governing the safe
management of genetically modified organisms has been under
review for four months by the Technical Secretary of the
Presidency of the Republic. In keeping with commitments
under the Central American Free Trade Agreement (CAFTA-DR)
to ratify international agreements related to biotechnology,
on March 1st El Salvador ratified the Patent Cooperation
Treaty (1970) and the Budapest Treaty for the International
Recognition of the Deposit of Microorganisms for the
Purposes of Patent Procedure (1980). The private
organization most interested in developing biotechnology in
El Salvador is FIAGRO. End Summary.


2. In December 2004, the Ministry of the Environment and
Natural Resources (MARN) sent a draft law "Special
Regulation of Measures to Ensure the Safe Management of
Genetically Modified Organisms in El Salvador" to the Office
of President Saca for its approval. This law establishes
mechanisms to implement Articles 11, 12, 13, 19 and 20 of
the Cartagena Protocol related to incentives for
conservation and sustainable use of biodiversity; research,
training and public awareness; and the safe transfer and
handling of biological resources. The regulation also
establishes MARN as the competent authority and focal point
for management of genetic resources in coordination with the
Ministry of Agriculture (MAG) and the Ministry of Health
(MSPAS)(ref b). The Technical Secretary to the President is
reviewing the draft law and will send it to the Legislative
Assembly for approval. According to Ernesto Lopez Zepeda,
Director General of Natural Heritage at MARN, it is unclear
when the Technical Secretary will complete its review.
Implementation of the law will improve biotechnology
security levels in El Salvador through the safer management
of genetically modified organisms.


3. The Central American Free Trade Agreement (CAFTA-DR)
entered into force between El Salvador and the United States
on March 1, 2006 and contains several obligations related to
biotechnology. To comply with CAFTA-DR, on March 1, 2006
the Legislative Assembly of El Salvador ratified the Patent
Cooperation Treaty (1970) and the Budapest Treaty on the
International Recognition of the Deposit of Microorganism
for the Purposes of Patent Procedure (1980). These two
treaties will become law when published in the official
gazette, within several weeks according to a contact at the
Ministry of Economy. After publication, the instruments of
ratification will be sent to the official depository agency,
the World Intellectual Property Organization (WIPO). To
comply with CAFTA-DR, El Salvador should also make all
reasonable efforts to ratify or accede to the Patent Law
Treaty (2000).


4. Another player involved with biotechnology in El
Salvador is the Foundation for Agricultural Technological
Innovation (FIAGRO). FIAGRO is a non-profit, private
foundation, whose main objective is to make access to
advanced technologies easier. FIAGRO has shown a strong
interest in promoting new legislation and the use of
biotechnology in El Salvador, and has already contacted the
Ministry of Agriculture about developing a Biotechnology
Institutional Policy, performing a study of national
biotechnology use, improving current regulations and
providing training. FIAGRO approached the Embassy in search
of financing for this project; Post is interested in
FIAGRO's ideas and may encourage FIAGRO to present a more
formal proposal later this year for possible USG funding.



5. Comment: MARN has taken the lead in the creation and
implementation of new biotechnology legislation. However,
the review process with the Technical Secretary and the
ratification by the Legislative Assembly can take some time,
particularly if there are no pressures to do so, such as
CAFTA-DR compliance. El Salvador has complied with CAFTA-DR
by ratifying some legislation, but biotechnology laws that
are not integral to high profile agreements like CAFTA-DR
such as the Special Regulation of Measures to Ensure the
Safe Management of Genetically Modified Organisms in El
Salvador appear to be low priority. End Comment.

Please visit San Salvador's Classified Web Site at
http://www.state.sgov.gov/p/wha/sansalvador/i ndex.cfm"

Barclay