Refer to what Nagoya Protocol has defined the requirements of prior informed consent before accessing to genetic resources, national registration and ABS permit are currently applied temporarily based on existing system and regulations for implementing the protocol as a party (see also answer question 7 above). Or the users can follow existing permission which is highlighted in the following paragraphs. The country is in the process of making a specific ABS regulation for having a single window in the aspect of access to genetic resources. It might call entering permission or informing letter which is commonly used nationwide by concerned sectors such as government agencies, research institutes, and universities as the prior inform consent system. In terms of scientific research projects, the government agencies have used official permission to facilitate and refer to when having exchange of genetic materials such as agricultural crops. Transfer material agreement has applied within several sectors such as research institutes and academic projects depending on the agreements, needs and obligations. In relation to medicinal resources, there is a list of Medical Natural Resources controlled by Research Institute of Traditional Medicinal, Ministry of Health that the requirements of permission need to be done before access to the pharmaceutical resources under Pharmaceutical Natural Resource No. 155/PM, dated 30th September 2003 and the Instruction on the Implementation of Decree on Medical Natural Resources No. 252/MoH, 2007. For genetic resources are under agriculture sector, there is the Minister Declaration on Management and Agricultural Plant Utilization, ref 3919/DA, dated 12 December 2012 which is indicated the exchange crops for R&D, production and commercialization need to ask permission from Ministry of Agriculture and Forestry. For example: for exchange crops activities should apply for (1) Phyto Sanitary Certificate; (2) Material Transfer Agreement (MTA); and (3) Import or Export Permission. In addition, Lao PDR is a party of IGPRFA, so STMA is applied for the resource exchanges. In Wildlife and Aquatic Law (2007), Article 35: Permission to operate Business from Wildlife and Aquatic. Individuals and organizations intend to operate businesses from wildlife and aquatic are required an approval from the agriculture and forestry sector and are required to register such enterprise as prescribed in the enterprise law and other related laws and are required to practice as following: (1) Use of wildlife and aquatic in the prohibition category list require the permission from the government; (2) Use of wildlife and aquatic in the management category list require the permission from MAF; (3) Use of wildlife and aquatic from the common or general category list requires the permission from provincial and capital city agriculture and forestry divisions.

Government policy and administrative system are determined in the National Framework on the Access to Genetic Resources and the Fair and Equitable Sharing Benefit Arising from their Utilization. Benefit sharing mechanism is highlighted with monetary and non-monetary benefits are also included as examples in the framework. The country now is in the process of drafting the ABS Decree which are extended from Article 22 and Article 24 on Traditional Knowledge and Access to and Benefit sharing of GR respectively under Biotechnology Safety Law (2014). In the Article 22 provision is highlighted the use of resources consistent with environmental conditions, conservation, and the sustainable use of genetic resource, and shall share benefits equally and legitimately, as well as being able to access the transfer of relevant biotechnology appropriately.

The National ABS Framework (2013) provides comprehensive guidelines on traditional knowledge associated with genetic resources held by indigenous and local communities is accessed with the prior and informed consent or approval and involvement of them.

Generally, there is an existing procedure of permitting system that are concerned with traditional knowledge or traditional medicine. Local communities are included and invited to participate in related activities; e.g. medicinal process that we include them in the survey; head of village usually tasked to call other members of communities to join the activities. Moreover, licensing/permitting system for the use of natural resources at the level of provinces/prefectures are also existing. In addition, Drug and Medical Product Law (2011) covers traditional medicine that registrations for both imported products and local traditional medicine are requested for applying the permission from Department of Food and Drug, Ministry of Health. Under the National ABS Framework (2013) the benefits sharing from the utilization of traditional knowledge associated with genetic resources are also shared in a fair and equitable way with indigenous and local communities holding such knowledge and that such sharing should be upon mutually agreed terms. Specific provision on Traditional Knowledge is highlighted in Chapter I of Government ABS policy under 1.2.6.

Laos is in the process of developing the ABS Decree which will cover the provisions.

Laos is in the process of developing the ABS Decree which will cover the provisions. See the answer of question 22 above for how local indigenous and local communities are included in the genetic resource activities.

The ABS Decree will include the national designated checkpoints for receiving relevant information for prior inform agreement before or during the mutually agreed terms with domestic partners under the Nagoya Protocol. Relevant information is requested by providers from users of genetic resources prior to the Nagoya Protocol. While we are waiting for the official procedure based on the specific ABS regulation, the National Contact Point plays therefore this role today to request related information from users to facilitate as a domestic registration of access to genetic resources. See also answer in question 7 for more detail on the national access registration and ABS permit. Transfer Material Agreement is applied for research and development in the area of biological resource in case of exchange materials are agreed among the parties together with certificates of the origin. There’s an existing checkpoints of Ministry of Agriculture and Forestry for physical checkpoints under Law on Plan Protection and Quarantine (Amended) No 15/NA, dated 15 November 2017.

Although the specific ABS regulation is not yet officially adopted in the country, users and providers are already covered in existing MOA; e.g. when we have cooperation agreement; we have steering committee; there is a reporting system in place, usually at six-month intervals.

Dispute resolution is a mandatory clause which must be indicated in all access agreements (e.g. MOU/MOA/project agreements). Mutual consultation and negotiations are encourage between the parties as primary approach.

If disputes cannot be resolved by negotiations between the parties, then Contract Law (2008) will be applied through reconciliation, mediation, arbitration to judicial legal action. The ABSCH should be used also to seek resource in case of disputes arising.