Republic of Korea | ABSCH-MSR-KR-247114 | Legislative, Administrative or Policy Measure | Access and Benefit-Sharing Clearing-House

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Legislative, Administrative or Policy Measure (MSR)

last updated: 25 Jul 2019
General information
Enforcement Rule of the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing
This Enforcement Rule is Ordinance of the Ministry of Environment in order to prescribe matters delegated by the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing and its Enforcement Decree and matters necessary for the enforcement thereof.
National / Federal
Legally binding
18 Aug 2018
Law
Amendments
EN
Regulatory contact information
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Amendments
Relationships
  • ABSCH-MSR-KR-247008-2 Legislative, Administrative or Policy Measure 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 the benefits arising from accessing and using genetic resources and traditional knowledge associated with genetic resources, thereby contributing to the conservation and sustainable use of biological diversity, improving the lives of the people, and promoting international cooperation.
  • ABSCH-MSR-KR-247112-2 Legislative, Administrative or Policy Measure 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.
This Enforcement Rule prescribes matters delegated by the Act on Access to and Utilization of Genetic Resources and Benefit-Sharing and its Enforcement Decree 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)
  Provisions on temporal scope ( ADDENDUM )
  ACCESS
  Access to genetic resources
  For commercial use ( Article 2 to 4 )
  For non-commercial use ( Article 2 to 4 )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Article 3 and 4 )
  Established rules and procedures for mutually agreed terms ( Article 3 and 4 )
  BENEFIT-SHARING
  Monetary benefits ( Article 3 and 4 )
  Non-monetary benefits ( Article 3 and 4 )
  For commercial use ( Article 3 and 4 )
  For non-commercial use ( Article 3 and 4 )
  COMPLIANCE
  Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 5 )
  Compliance with mutually agreed terms (Article 18) ( Article 5 )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
  Reference to any other relevant articles and sections
-  Fees (Article 6)
-  Form of Report on Access to Domestic Genetic Resources (Attached Form 1-1(Korean) / 1-2(English))
-  Form of Declaration Certificate for Access to Domestic Genetic Resources (Attached Form 2-1(Korean) / 2-2(English))
-  Application Form for Verifying the Conclusion of Mutually Agreed Terms (Attached Form 3-1(Korean) / 3-2(English))
-  Form of Verification Certificate for the Conclusion of Mutually Agreed Terms (Attached Form 4-1(Korean) / 4-2(English))
-  Form of Change Report on Access to Domestic Genetic Resources (Attached Form 5-1(Korean) / 5-2(English))
-  Form of Procedural Compliance Report on Foreign Genetic Resources (Attached Form 6-1(Korean) / 6-2(English))
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