Identifier
Created
Classification
Origin
09MOSCOW604
2009-03-12 14:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Moscow
Cable title:  

RUSSIA PROPOSES TO START DISCUSSIONS ON ACCESS TO GENETIC

Tags:  EAGR SENV TBIO KIPR PREL PGOV KRVC EFIS RS 
pdf how-to read a cable
VZCZCXRO7718
PP RUEHAST RUEHHM RUEHLN RUEHMA RUEHPB RUEHPOD RUEHTM RUEHTRO
DE RUEHMO #0604/01 0711459
ZNR UUUUU ZZH
P 121459Z MAR 09
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC PRIORITY 2333
INFO RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/DEPT OF ENERGY WASHINGTON DC
RUEAEPA/HQ EPA WASHDC
RUEHRC/USDA FAS WASHDC 5454
UNCLAS SECTION 01 OF 02 MOSCOW 000604 

STATE FOR OES/ENRC
COMMERCE PLEASE PASS TO USPTO
USDA FOR ARS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EAGR SENV TBIO KIPR PREL PGOV KRVC EFIS RS
SUBJECT: RUSSIA PROPOSES TO START DISCUSSIONS ON ACCESS TO GENETIC
RESOURCES WITH U.S.

REF: A. STATE 9667

B. LOBSTEIN-SEYMOUR E-MAIL 03/02/2009

SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET DISTRIBUTION

UNCLAS SECTION 01 OF 02 MOSCOW 000604

STATE FOR OES/ENRC
COMMERCE PLEASE PASS TO USPTO
USDA FOR ARS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EAGR SENV TBIO KIPR PREL PGOV KRVC EFIS RS
SUBJECT: RUSSIA PROPOSES TO START DISCUSSIONS ON ACCESS TO GENETIC
RESOURCES WITH U.S.

REF: A. STATE 9667

B. LOBSTEIN-SEYMOUR E-MAIL 03/02/2009

SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET DISTRIBUTION


1. (SBU) SUMMARY: On March 2, officials of the Ministry of Natural
Resources and Ecology (MNRE) and the Federal Agency for Natural
Resources Management Supervision (Rosprirodnadzor) told EST that
Russia's policies and procedures on access to genetic resources and
sharing of benefits are fragmented and complex, with significant
gaps. The Duma is considering new legislation to address challenges
that are arising, such as the safety of genetically modified
organisms (GMOs). There is no body of law or regulation to address
certain other areas, most significantly the commercial applications
of genetic resources. The MNRE officials urged that the USG and GOR
begin a serious expert-level discussion to define common principles
in this area. Post believes this offer would be useful for OES to
explore in light of wide-ranging U.S.-Russia scientific cooperation
and GOR concerns about retaining the benefits of potential
commercial applications of Russia's genetic resources. END
SUMMARY.


2. (U) On March 2, EST Officer and Environment Specialist met at
MNRE with Amirkhan Amirkhanov, Deputy Director of the Ministry's
Department of Policy and Regulation in Environmental Protection and
Ecological Safety; Valeriy Orlov, the Head of the Ministry's
Division of Flora and Fauna Biodiversity Conservation; and Tatyana
Skripnik, the Head of the Division for Permits and Fauna Species
Control at the Federal Agency for Natural Resources Management
Supervision (Rosprirodnadzor).

Legislation and regulation of research
--------------


3. (SBU) The MNRE officials explained that Russia's policies and
procedures on access and benefit sharing (ABS) with regard to
genetic resources are fragmented and contain significant gaps. In
its general policies, Russia is guided by its Constitution, which

obligates citizens in general terms to protect the environment; the
U.N. Convention on Biodiversity; the U.N. Convention to Combat
Desertification; and related documents. However, procedure and
authority in specific cases depend upon the type of genetic resource
at issue, the location, and the purpose for which the access is
intended.


4. (SBU) In practice, Russian law regards Russian genetic resources
as national property, and foreign access to those resources is
subject to federal government approval; regional and local
authorities, private actors, and indigenous groups have little or no
influence in this area. For example, the Federal Fisheries Service
must approve access to marine fauna specimens; the Federal Forestry
Service must approve access to forest resources; access to human
biological samples lies within the purview of the Ministry of Health
and Social Development; etc.


5. (SBU) There is an established procedure for registering new
(e.g., genetically modified) organisms for production in Russia;
however, no GMOs have yet been registered. Our MNRE counterparts
attributed this to the onerous bureaucratic procedure involved,
which includes review by an interagency commission on biotechnology.
(Note: On March 5, a senior Russian scientist told EST that the
delay in approving any GMOs was due to the refusal of Monsanto to
provide proprietary genetically modified seed corn for study by his
institute, which is working to develop a methodology for biotech
safety assessment. Until the institute can complete this study, the
scientist said, no GMOs will be approved for domestic production.
End note.) A new draft law on genetic engineering safety is before
the parliament for consideration, but it is unknown when lawmakers
will examine it. In some cases relating to ABS, such as commercial
exploitation of genetic resources, Russia has no laws in place at
all.


6. (U) One area where there is a clear procedure is in issuing
permits to research vessels for expeditions in Russian waters. The
Embassy frequently processes requests to MFA for research vessel
clearance, which span the gamut from drilling seabed core samples to
taking samples of fish for scientific study. The GOR requires six
months' advance notice in the form of a research prospectus
delivered to MFA under cover of diplomatic note. MFA circulates the
request to the relevant specialized agency for approval. If there
is any question or need for clarification, the application is
returned, the applicant institution must apply again, triggering a
new six-month timeline.

MOSCOW 00000604 002 OF 002



Permits for collection of biological specimens
-------------- -


7. (U) As noted above in the case of access to specimens, approval
procedures for collection of specimens varies according to the type
of specimens, the location, and the purpose. Research vessels
obtaining sea fauna samples or core drilling samples would apply via
the standard procedure for research vessels. Researchers seeking
human tissue samples generally apply through the Ministry of Health;
those seeking forest flora samples go through the Forestry Service;
etc.

Transport of biological specimens
--------------


8. (U) Permits to export biological specimens are governed by
Government Decree 854, issued in 1992. This decree includes lists
of items whose export and import are subject to licensing, and whose
export must be approved by the Ministry of Industry and Trade, with
the concurrence of Rosprirodnadzor. Export and import of items not
subject to licensing are subject only to Rosprirodnadzor approval.
The designation of types of specimens subject to licensing
requirements is not guided explicitly by CITES provisions. There
are no established rules on transport of specimens within the
country. The Federal Veterinary and Phytosanitary Service enforces
additional requirements and gives approval for export and import of
certain types of flora and fauna.

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


9. (U) According to our contacts, Russia has no established
regulations or procedures that address the concepts of prior
informed consent (PIC) or mutually agreed terms (MAT) for research
permission and the sharing of benefits.

Easiest to work with Academies of Science
--------------


10. (U) Amirkhanov and Orlov noted that scientific researchers
generally find it more convenient to collaborate under a written
cooperation agreement with institutes affiliated with one of the
major scientific academies: primarily the Russian Academy of
Sciences, the Russian Academy of Medical Sciences, and the Russian
Academy of Agricultural Sciences. Member institutes are plugged
into a federally coordinated bureaucracy that can help facilitate
the necessary permissions and clearances to gain access, obtain
samples, and transport them in the course of legitimate scientific
research.

"Serious discussion" needed on commercialization
-------------- ---


11. (SBU) Amirkhanov emphasized that the major gap in Russian
regulation is in the area of commercial exploitation of genetic
resources. This has been a sore point with the Russian government
because of the issue of intellectual property rights, which has
arisen as a result of the wide range of international scientific
cooperation on development of technologies and materials -- often
with Russian know-how and Russian resources, but often without
sufficient (from the Russian point of view) guarantees that Russia
will realize returns to that capital. Amirkhanov said that our
visit was fortuitous, because the U.S. and Russia need to begin a
serious expert-level discussion to define principles governing
access and benefit sharing in commercial exploitation.

BEYRLE