COLOMBIA: INFORMATION REGARDING ACCESS TO GENETIC

UNCLAS BOGOTA 000720

SIPDIS
SENSITIVE

FOR OES/ENRC SSEYMOR

E.O. 12958: N/A
TAGS: ECON EAGR SENV TBIO CO
SUBJECT: COLOMBIA: INFORMATION REGARDING ACCESS TO GENETIC
RESOURCES

REF: STATE 9667


1. (SBU) SUMMARY. Decree 309 of 2000 establishes the GOC's
regulatory framework for research collection and access to
genetic resources. Every researcher must have a permit to
collect, as well as an additional permit or "contract" to
access genetic or biological material. National, regional
and local authorities are authorized to issue permits, with
the Ministry of Environment (MOE) as the lead policy entity.
While the process for collection permits functions, albeit
slowly, it is nearly impossible for researchers to acquire
the additional permit required to actually access the
specimen's biological or genetic material due to bureaucratic
inefficiencies and MOE fears about relinquishing rights to
researchers who could commercially exploit Colombian
patrimonial resources. Our contacts told us that therefore
most researchers carry out that component of their research
illegally, without official permission. The process becomes
even more complicated if one wants to collect or research
near indigenous or Afro-Colombian lands, due to unique legal
protections pertaining to those areas. FAS is still
gathering information regarding the agricultural research,
and will provide its findings via a subsequent email to
OES/ENRC. END SUMMARY.

Legislation and Regulation
--------------


2. (U) Permits for Collection: All researchers (both foreign
and domestic) must have a permit to collect biological or
genetic specimens in Colombia. The collection permit issuing
process is multi-level. The MOE's Direction of Permits and
Licensing, regional development corporations (CARs),and the
municipal authorities in cities with populations exceeding 1
million inhabitants, are authorized to issue permits. (NOTE:
CARs are administratively and financially independent
regional institutions in charge of implementing national
policies and regulations within their boundaries. END NOTE.)
The MOE issues permits for research occurring in two or more
departments, a CAR issues permits when research occurs solely
in its department, and municipal authorities are responsible
for licenses pertaining to small-scale research in specific
city domains.


3. (SBU) The MOE is the lead policy agency on genetic
resources, but it cannot overcome permit decisions made at
the regional or local levels. The employees of Government of
Colombia (GOC) research institutions -- Humboldt Institute,
Sinchi, Invermar -- do not need permits, which often creates
an imbalance in the system. After receiving all the required
documents, it normally takes the MOE approximately four
months to issue a collection permit, and most permits are
issued on a researcher basis, rather than by projects. Three
well-known academic institutions -- Los Andes, Nacional and
Javeriana -- are presently collaborating with the MOE to
receive blanket collection permits for both faculty and
students for specific sites or projects.


4. (SBU) Permits for Research or Access to Genetic Resources:
An additional permit, which the MOE calls a "contract," is
required to research or access genetic resources (DNA) of
specimen collected in Colombia. The Director of the MOE's
Licensing and Permit Department Jhon Marmol told us that the
MOE, which is the only entity authorized to issue contracts,
has issued 23 contracts since 1997. Marmol suggested that
Andean countries are more regulated in this area than other
countries due to the Cartagena Protocol on Biosafety, with
Colombia being the only Andean signatory country thus far to
issue genetic material access contracts. Gonzalo Andrade, a
Life Science professor at Universidad Nacional and one of the
Convention on Biological Diversity (CBD) National Contacts
for Colombia, added that 90 percent of researchers illegally
access genetic resources, due to the additional time and
financial resources needed to obtain a contract.


5. (SBU) Marmol told us the MOE simply did not have the
personnel to issue high numbers of contracts, especially
since they are hesitant to approve paperwork that might
enable researchers to legally "rob" and exploit Colombia of
its national resources. The MOE technically has sanction
ability against researchers without contracts, but the MOE
has yet to impose such a fine. Marmol admitted that
Colombia's geography makes it impossible for the MOE to


control the activities of all the researchers. The Ministry
of Commerce (MOC) is responsible for issuing contracts for
research with commercial ends, which Marmol told us has
occurred a handful of times but he did not have specific
numbers. Without a genetic contract, neither researchers nor
organizations can patent derivative products, which makes the
number of local genetic-based patents nearly non-existent.
Andrade added that most other Central and Latin American
countries do not have such stringent regulations, which often
leads to researchers illegally taking specimens out of
Colombia, or prevents them from carrying out research in the
country.


6. (SBU) Indigenous and Afro-Colombian Lands: Andrade told
us that further complications arise if a researcher needs to
collect specimens near indigenous or Afro-Colombian lands.
(NOTE: Per Law 70, indigenous and Afro-Colombian communities
have special rights, including land ownership. The
communities must be consulted in any activity that affects
their land. END NOTE.) While researchers must normally
submit an authorizing letter from the Ministry of Interior
stating that the research will not occur near indigenous or
Afro-Colombian land to receive a collection permit or genetic
contract, those researchers who do propose to collect
specimens near indigenous or Afro-Colombian lands must obtain
written consent from the local elders or tribal leaders to
undergo the research. Andrade said that this is the most
time-consuming and financially constraining component of the
permit process, regardless of the type of permit being
solicited. He said that this alone can prolong the
collection permit process to over a year, which unfortunately
results in a lack of research near those areas. Marmol
agreed that due to the additional legal requirements, little
research occurs near indigenous or Afro-Colombian areas.

Movement of Biological Specimens
--------------


7. (SBU) The MOE is also responsible for issuing all export
and import permits for specimens with scientific ends. As
there are no rules for the internal shipment of specimens,
they can be shipped throughout departments -- provided that
the initial collection permit is valid -- without additional
paperwork. However, each collection permit states the
location of the collection. If that location changes, then
the researcher must obtain a new permit before proceeding.
The main step in receiving an MOE export permit for specimens
intended for scientific use is a registration paper provided
by the GOC's biodiversity research center known as the
Humboldt Institute. The Humboldt Institute registers and
documents the specimen before it can be shipped abroad. Per
Colombian law, every specimen sent abroad for scientific
purposes must return to Colombia. Colombian researchers and
institutions can loan specimen, but they can never donate
them permanently to a foreign country or institute. The
Ministry of Commerce (MOC),however, has the authority to
issue commercial export and import licenses for specimens not
listed in the Convention on International Trade in Endangered
Species (CITES) once a researchers is in possession of all
other required permits or contracts. However, according to
Andrade, there is no record of the MOC ever issuing such a
commercial export or import license.

Status of MAT and PIC
--------------


8. (SBU) The MOE is responsible for Mutually Agreed Terms
(MAT) and Prior Informed Consent (PIC),and has an informal
committee for developing MAT and PIC processes. There are no
specific laws regulating the processes, and the MOE has no
plans to develop such legislation. However, prior to issuing
each contract the MOE holds a negotiating meeting with the
involved researchers or institutions. The MOE intends to
seek monetary benefits from researchers within the next few
years, but presently it only negotiates for non-monetary
benefits from researchers such as follow-up workshops and
publication of research findings. Most of the GOC CBD reps,
except for Professor Andrade, hold senior policy positions
and it remains unclear to what extent they follow technical
CBD issues. At the technical level, however, experts such as
Director Marmol, are readily accessible and knowledgeable of
CBD developments. Post will fax to OES/ENRC the general
information that the MOE gives to foreign researchers seeking

to obtain permits. More information can be found on the
MOE's website at www.minambiente.gov.co, under the tab for
the Direccion de Licencias, Permisos y Tramites, and on the
MOC's website at www.vuce.gov.co.

BROWNFIELD