Republic of Korea | ABSCH-MSR-KR-247112 | Legislative, Administrative or Policy Measure | Access and Benefit-Sharing Clearing-House

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Legislative, administrative or policy measures on access and benefit-sharing (MSR)

  published:24 Jul 2019
General information
Republic of Korea Party to the Nagoya ProtocolSignatory Entry into force: 17 Aug 2017
Enforcement Decree of the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing
This Enforcement Decree is Presidential Decree in order to prescribe matters delegated by the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing and matters necessary for the enforcement thereof.
National / Federal
    Legally binding
    05 Aug 2020
    18 Aug 2018
    05 Aug 2020
    05 Aug 2020
    Law
    Document details
    Amendments
      Regulatory contact information
      - Organization: Ministry of Environment (ME)
      Organization
      Ministry of Environment (ME)
      Government agency
      Government Complex-Sejong, 11, Doum 6-ro Sejong-si,
      30103,
      Republic of Korea
      Phone: +82 44.201.7251,
      Fax: +82 44.201.7235,
      Website:
      Amendments
        Relationships
        • Legislative, Administrative or Policy Measure
          The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing
        This Enforcement Decree prescribes matters delegated by the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing and matters necessary for the enforcement thereof.
        Elements of the measure Collapse All Expand All
          SCOPE OF THE MEASURE
          Genetic Resources
        -   All types of genetic resources -   Animals ,-   Plants ,-   Fungi ,-   Microorganism ,-   Domesticated species and/or cultivated species ,-   Wild species - found in - All areas of access of the genetic resource In-situ Agricultural areas ,Dry and sub-humid areas ,Forest ,Inland waters ,Islands ,Marine and coastal areas ,Mountains ,Protected areas ,Ex-situ ,Soil and/or water samples (Article 1)
          Traditional knowledge associated with genetic resources ( Article 1 )
          Provisions on temporal scope ( ADDENDUM )
          ACCESS
          Access to genetic resources
          For commercial use ( Article 3 through 5 )
          For non-commercial use ( Article 3 through 5 )
          Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
          For commercial use ( Article 3 through 5 )
          For non-commercial use ( Article 3 through 5 )
          Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Article 4 )
          Established rules and procedures for mutually agreed terms ( Article 4 )
          Any other element relevant to access
        -   Exemptions from Reporting Access to Domestic Genetic Resources (Article 5)
          BENEFIT-SHARING
          Monetary benefits ( Article 4 )
          Non-monetary benefits ( Article 4 )
          For commercial use ( Article 4 )
          For non-commercial use ( Article 4 )
          COMPLIANCE
          Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 6 and 8 )
          Issues related to monitoring the utilization of genetic resources (Article 17) ( Article 6 and 8 )
          Compliance with mutually agreed terms (Article 18) ( Article 6 and 8 )
          RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
        No provisions for this element
          OTHER
          Competent national authority/ies ( Article 3, 13 and 14 )
          Reference to any other relevant articles and sections
        -   Integrated Reporting System (Article 7)
        -   Genetic Resources Information Center (Article 9)
        -   Composition and Operation of the Council (Article 10 and 11)
        -   Protection of Information (Article 12)
        -   Delegation of Authority (Article 13)
        -   Entrustment of Duties (Article 14)
        -   Administrative Fines (Article 16 and Table)
        Additional Information