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Interim National Reports on the Implementation of the Nagoya Protocol (NR)
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last updated: 24 Aug 2018


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Republic of Korea’s Interim National Report on the Implementation of the Nagoya Protocol (NR)
CHM-NFP-KR-209949-9 ABS National Focal Point Ms. Yerim Jang This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
To view the current National Focal Point information, click here.
    Yes
    Yes
     
    Republic of Korea has made continuous efforts to establish domestic follow-up measures to implement the Nagoya Protocol after the adoption in 2010. As of July 2018, “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing (Act No. 14533, January 17, 2017 / Amended by Act No. 14839, July 26, 2017)”, “Enforcement Decree of the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing (Presidential Decree No. 28246)” are effective and “Implementing Rules on the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing (Ordinance of the Ministry of Environment No. 720, Nov. 27, 2017)” becomes effective in August 2018.
    Yes
    No particular difficulties occurred.  
    Article 7 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates two National Focal Points as follow: 1. Ministry of Foreign Affairs: Liaising with the secretariat of the Convention on Biodiversity; and 2. Ministry of Environment: Dissemination of information on access to genetic resources and benefit-sharing.
    Yes
     
    Article 8 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing ” stipulates five Competent National Authorities as follow: 1. 1. Ministry of Science and ICT: Biological research resources in accordance with the Act on the Acquisition, Management, and Utilization of Biological Research Resources; 2. Ministry of Agriculture, Food and Rural Affairs: Agricultural bio-resources in accordance with the Act on the Conservation, Management, and Use of Agricultural Bio-Resources; 3. Ministry of Health and Welfare: Pathogen resources in accordance with the Act on the Promotion of Collection, Management, and Utilization of Pathogen Resources; 4. Ministry of Environment: Biological resources in the field of wildlife in accordance with the Wildlife Protection and Management Act and biological resources in accordance with the Act on the Conservation and Use of Biological Diversity; and 5. Ministry of Oceans and Fisheries: Marine and fisheries bio-resources in accordance with the Act on Securing, Management, Use, etc. of Marine and Fisheries Bio-Resources.
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    No
     
    PIC requirements prescribed in provisions of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” will enter into force on 18 August 2018.
    Not applicable, since no access requirements are in place
    No
    PIC requirements prescribed in provisions of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” will enter into force on 18 August 2018.
    Yes
    Article 13 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates six Competent National Authorities as follow: 1. Ministry of Science and ICT: Biological research resources in accordance with the Act on the Acquisition, Management, and Utilization of Biological Research Resources; 2. Ministry of Agriculture, Food and Rural Affairs: Agricultural bio-resources in accordance with the Act on the Conservation, Management, and Use of Agricultural Bio-Resources; 3. Ministry of Trade, Industry and Energy: Biological research resources in accordance with the Act on the Acquisition, Management, and Utilization of Biological Research Resources; 4. Ministry of Health and Welfare: Pathogen resources in accordance with the Act on the Promotion of Collection, Management, and Utilization of Pathogen Resources; 5. Ministry of Environment: Biological resources in the field of wildlife in accordance with the Wildlife Protection and Management Act and biological resources in accordance with the Act on the Conservation and Use of Biological Diversity; and 6. Ministry of Oceans and Fisheries: Marine and fisheries bio-resources in accordance with the Act on Securing, Management, Use, etc. of Marine and Fisheries Bio-Resources.
    No additional information provided
    Yes
    As PIC measures, Article 9 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” requires to report access to Korean genetic resources to the head of the Competent National Authority.
    Yes
    Please refer to Question 11 of this report.
    Yes
    Article 17 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates establishment and operation of “the Genetic Resources Information Center”. Genetic Resources Information Center’s website (www.abs.go.kr) provides information on ABS process for users who want to access Korean genetic resources.
    Yes
    Article 4 of “Enforcement Decree of the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates issuance of declaration certificate for access to genetic resources.
    Yes
    Article 4 of “Enforcement Decree of the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates issuance of verification certificate of mutually agreed terms from the head of the Competent National Authority.
    0
    PIC requirements prescribed in provisions of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” will enter into force on 18 August 2018.
    Yes
    Article 11 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates sharing the benefits of genetic resources.
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    Yes
    Article 11 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” stipulates sharing the benefits of genetic resources.
    Yes
    According to Article 1 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing”, the purpose of this Act is to provide for necessary matters for implementing the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity; and for those for promoting the fair and equitable sharing of benefits arising from accessing and using genetic resources and related traditional knowledge, thereby contributing to conserving and sustainable use of biodiversity, improving the lives of the people, and promoting international cooperation.
    Yes
    Article 14 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” deals with procedural compliance.
    No additional information provided
    Yes
      Yes
      According to Article 1 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing”, the purpose of this Act is to provide for necessary matters for implementing the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity; and for those for promoting the fair and equitable sharing of benefits arising from accessing and using genetic resources and related traditional knowledge, thereby contributing to conserving and sustainable use of biodiversity, improving the lives of the people, and promoting international cooperation.
      No
    Yes
      Yes
      No
    Yes
      Yes
        Article 15 of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” provides for Procedural Compliance Reporting. In accordance with Article 15, a person who intends to access foreign genetic resources to use in the Republic of Korea, shall report to the head of the National Checkpoint that the person has complied with the procedures prescribed in Article 14, within 90 days after obtaining approval to access to genetic resources and associated traditional knowledge from the foreign country providing relevant genetic resources and associated traditional knowledge.
    No
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    Access reporting requirements prescribed in provisions of “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” will enter into force on 18 August 2018; therefore, no such cases are received as of July 2018.
    0
    Yes
    “The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing” provides for procedural compliance reporting by submitting relevant information to the national checkpoints.
    Yes
    Korean government is establishing web-based system (www.abs.go.kr) to receive reports on access to Korean genetic resources.
    No additional information provided
    Not applicable, since no access requirements are in place
    Yes
    We have Report Form on Procedural Compliance for Foreign Genetic Resources annexed in “Implementing Rules on the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing”. The reporting form consists of several check boxes to indicate whether ‘Applicable Jurisdiction, Governing Law of Dispute Settlement Procedure, and Alternative Dispute Resolution’ had been concluded as part of MATs. In addition, the Korean government provides awareness raising and capacity building programs for Korean companies to guide arbitration process and other alternative measures for dispute settlements.
    Yes
    "The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing" itself does not specify recourse in case of disputes arising from MAT. However, Korean judicial system and arbitration system are applicable in such cases.
    Yes
    The Republic of Korea guarantees sufficient access to justice in case that stakeholders agree to recognize the jurisdiction of the Republic of Korea.
    Yes
    With regard to recognition and enforcement of foreign judgements and arbitral awards, Article 217 (Recognition of Foreign Country Judgments) of Civil Procedure Act (2016) and Article 39 (Arbitral Awards in Foreign Country) of Arbitration Act (2016) are applicable.
    No additional information provided
    Yes
    According to "The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing", Competent National Authority may seek to simplify access reporting procedures or waive the reporting requirement for genetic resources where it is access to genetic resources for non-commercial purposes.
    Yes
    Article 10 of "The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing" stipulates exemptions for present or imminent emergencies.
    Yes
    Competent National Authority may seek to simplify access reporting procedures or waive the reporting requirement for genetic resources. However, the expedited procedures do not affect obligation to establish MATs on benefit sharing.
    Yes
    In accordance with Article 10 of "The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing", where it is deemed that expedited access to or use of the genetic resources is required for the development of therapeutic drugs and food security in the event there are threats to the life and health of humans, animals, and plants, Competent National Authority may seek to simplify access reporting procedures or waive the reporting requirement for genetic resources.
    No additional information provided
    No
    So far, indigenous and local communities is not defined or specified in the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing. However, we have used our biological resources to make traditional food and medicine throughout the history.
    Not applicable
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    Not applicable
    Not applicable
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    Not applicable
    Not applicable
    No additional information provided.
    Yes
    The purpose of the "The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing" is to provide for necessary matters for implementing the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity; and for those for promoting the fair and equitable sharing of benefits arising from accessing and using genetic resources and related traditional knowledge, thereby contributing to conserving and sustainable use of biodiversity, improving the lives of the people, and promoting international cooperation.
    No answer provided
    It is too early to evaluate contribution to biodiversity from domestic implementation of ABS as "The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing" was enacted in 2017. However, as part of our efforts to implement the Nagoya Protocol, we have made continued efforts to raise awareness and build capacity of Korean companies that use foreign biological resources and establish policy measures to facilitate research and use of Korean indigenous species.
    No additional information provided.
    No
    The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing does not cover transboundary matters as we don’t have indigenous and local communities in the context of CBD and the Nagoya Protocol. If a situation described in Article 11.1 of the Nagoya Protocol happens, the Republic of Korea will actively cooperate with relevant stakeholders in accordance with Article 11.1.
    Tripartite Environment Ministers Meeting among Korea, China and Japan is held annually to cooperate on common environmental issues. Strengthening biodiversity conservation and works toward goals of Convention on Biological Diversity are one of the issues.
    Not applicable, since there are no indigenous and local communities in my country
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    Yes
    Article 19 of the Nagoya Protocol encourages development, update and use of model contractual clauses for MAT. To this end, Ministry of Environment developed and published a model agreement template at the end of 2015 to support Korean pharmaceutical companies in negotiating ABS agreements.
    Yes
    Ministry of Environment is developing administrative guidelines for the Reporting of Access to Genetic Resources.
    No additional information provided
    Yes
    Yes
    Environment provides ABS information, newsletters, publications, ABS forums and consultation services to support Korean bio industry and stakeholders.
    Yes
    Yes
    Genetic Resources Information Center under Ministry of Environment provides ABS seminars, forums, consultation services for Korean companies that use biological resources. The center also operates fellowship programs that raise professionals in the field of biodiversity by selecting graduate students with master's degrees or doctoral degrees to conduct research projects on biodiversity and implementation of the Nagoya Protocol.
    No
    No
    No additional information provided
    Yes
    We have joint research programs with other countries. Through the programs, we jointly publish pictorial books and donate specimens and herbariums as well as provide education programs to raise capacity of staff from the partner countries.
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    Yes

      10 or more
    The Republic of Korea has designated 5 competent authorities, which are Ministry of Science and ICT, Ministry of Agriculture, Food and Rural Affairs, Ministry of Health and Welfare, Ministry of Environment, and Ministry of Oceans and Fisheries. The 5 aforementioned ministries and Ministry of Trade, Industry and Energy are also designated as national checkpoints Among the aforementioned ministries in charge of ABS affairs, Ministry of Environment is establishing an integrated single window system to receive reports on access to Korean genetic resources. Currently, Genetic Resources Information Center under Ministry of Environment has 11 staff members to perform the related tasks.
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