Protected Areas

58authority; issue authorizations to accessassociated traditional knowledge; andserve as depository for Contracts for theUse of Genetic Resources and BenefitSharing following approval by the CGEN.In addition to its responsibilitiesdirectly related to its role as the CGENSecretariat, the DPG implements theSystem for Managing Access and BenefitSharing through capacity building andtraining projects; supports monitoringand inspection activities; participatesin the development of related publicpolicies such as those on biotechnology,medicinal and phytotherapeutic plants,and socio-biodiversity production chains.Benefit Sharing, Prior InformedConsent and Mutually AgreedTermsBrazil’s commitments to theimplementation of Articles 15 (Access toGenetic Resources) and 8j (TraditionalKnowledge) are being progressively metby means of the following initiatives: a)implementation of national legislation; b)strengthening of a national authority; andc) capacity building on access and benefitsharing.A) National LegislationProvisional decree 2186-16 of 23 August2001 instituted a national system toregulate access to genetic resourcesand associated traditional knowledge,as well as the sharing of benefitsresulting from their use. The legislationis complemented by Decrees 3945/01,4946/03, 5459/05 and 6159/07, andalso by specific technical guidelines,resolutions and decisions.• Rules of the National System forAccess and Benefit SharingThe system establishes which activitiesaiming at some sort of application orwhich have a commercial potential aredependent upon authorization:Scientific Research• Research using genetic resources andwith economic purpose benefits froma system of facilitated access. In themajority of cases special authorization isgranted to national academic institutions,valid for groups of projects.• Research using associated traditionalknowledge is authorized on a case-bycasebasis, and requirements include theprior informed consent of the traditionalcommunities.Bioprospecting and/or TechnologicalDevelopment• In addition to the prior informedconsent of the providers, a BenefitSharing Contract is also required priorto access being granted. In cases ofbioprospecting, the contract can bewaived or postponed by the competentauthority in the providers so agree.Share Benefits with Whom?Benefits, monetary or not, are directlynegotiated between the institution thatwill undertake the access and the owners(public or private) of areas where thegenetic resources are located and/or withthe communities that hold the associatedtraditional knowledge.ShipmentThe shipment of genetic resources to aforeign country requires authorization.The institution receiving the sample isrequired to first sign a material transferagreement form (MTA).Administrative PenaltiesPenalties exists for cases of non-