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ABS Procedure
(PRO)
last updated: 26 Sep 2024
Procedures for accessing Korean genetic resources and associated traditional knowledge
EN
National / Federal
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Competent National Authority:
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ABSCH-CNA-KR-248200-5
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Competent National Authority:Ministry of Environment ()Government Complex-Sejong, 11, Doum 6-roSejong-si,
30103,Phone: +82 44.201.7241,Fax: +82 44.201.7261,Email: daz14@korea.kr, gric@korea.kr,
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Competent National Authority:
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ABSCH-CNA-KR-248201-4
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Competent National Authority:Ministry of Science and ICT ()Government Complex-Sejong 4, 477 Galmae-roSejong-si,
30109,Phone: +82.44.202.6183,Fax:Email: jsk1stone@korea.kr,Website: https://www.msit.go.kr,
Competent National Authority:Ministry of Agriculture, Food and Rural Affairs ()Government Complex-Sejong, 94 Dasom 2-roSejong-si,
30110,Phone: +82 44.201.2140,Fax:Email: injun@korea.kr,Website: https://www.mafra.go.kr,
Competent National Authority:Ministry of Oceans and Fisheries ()Government Complex-Sejong, 94, Dasom 2-roSejong-si,
30110,Phone: +82 44.200.5676,Fax:Email: pnb502@korea.kr,Website: https://www.mof.go.kr,
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Competent National Authority:
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ABSCH-CNA-KR-248203-3
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Competent National Authority:Korea Disease Control and Prevention Agency ()Osong Health Technology Administration Complex, 187, Osongsaengmyeong 2-ro Osong-eup, Heungdeok-gu, Cheongju-siChungcheongbuk-do,
28159,Phone: +81 43.913.4277,Fax:Email: wgh007@korea.kr,Website: https://www.kdca.go.kr/,
1. Identifying who should report, material scope, temporal scope, Competent National Authority
1.a. Who should report : When foreigners, foreign institutions, international organizations, corporations established under foreign laws, corporations established in accordance with the law of the Republic of Korea which have their headquarters or principal offices in foreign countries (hereinafter referred to as “Foreigners”) and overseas Koreans seek access to Korean genetic resources and information regarding traditional knowledge associated with genetic resources, they shall report such access to the head of the Competent National Authority.
1.b. Material Scope : genetic resources and / or a traditional knowledge, derivatives
1.c. Exemptions from reporting access to domestic genetic resources
; Human genetic resources
; Genetic resources existing in an area beyond national jurisdiction, such as Antarctica
; Genetic resources accessed for any purpose other than utilization.
; Genetic resource(s) subject to other international treaties related to access to genetic resource(s) and benefit-sharing (ex. International Treaty on Plant Genetic Resources for Food and Agriculture, Pandemic Influenza Preparedness Framework)
; Genetic resources granted patent rights pursuant to Article 87 (1) of the Patent Act
1.d. Simplified procedures for reporting: Since September 19, 2018, institutions that collaborate with the World Organisation for Animal Health or other institutions designated and publicly announced by the Minister of Agriculture, Food and Rural Affairs or the Commissioner of the Animal and Plant Quarantine Agency, and intend to access domestic genetic resources for purposes such as urgent diagnosis and quarantine of animal diseases, may be exempt from reporting requirements.
1.e. Temporal Scope : Access to, research, and development of Korean genetic resources and associated traditional knowledge after September 18, 2018
1.f. Check Competent National Authorities their fields of jurisdiction
2. Conclusion of Mutually Agreed Terms
2.a. Providers and users of genetic resources shall agree to share the benefits of domestic genetic resources fairly and equitably. Conclusion of Mutually Agreed Terms.
2.b. If Mutually Agreed Terms are concluded ex post facto please submit an Application Form for Verifying the Conclusion of Mutually Agreed Terms and evidencing documents to the head of the Competent National Authority; and a verification certificate will be issued.
1.a. Who should report : When foreigners, foreign institutions, international organizations, corporations established under foreign laws, corporations established in accordance with the law of the Republic of Korea which have their headquarters or principal offices in foreign countries (hereinafter referred to as “Foreigners”) and overseas Koreans seek access to Korean genetic resources and information regarding traditional knowledge associated with genetic resources, they shall report such access to the head of the Competent National Authority.
1.b. Material Scope : genetic resources and / or a traditional knowledge, derivatives
1.c. Exemptions from reporting access to domestic genetic resources
; Human genetic resources
; Genetic resources existing in an area beyond national jurisdiction, such as Antarctica
; Genetic resources accessed for any purpose other than utilization.
; Genetic resource(s) subject to other international treaties related to access to genetic resource(s) and benefit-sharing (ex. International Treaty on Plant Genetic Resources for Food and Agriculture, Pandemic Influenza Preparedness Framework)
; Genetic resources granted patent rights pursuant to Article 87 (1) of the Patent Act
1.d. Simplified procedures for reporting: Since September 19, 2018, institutions that collaborate with the World Organisation for Animal Health or other institutions designated and publicly announced by the Minister of Agriculture, Food and Rural Affairs or the Commissioner of the Animal and Plant Quarantine Agency, and intend to access domestic genetic resources for purposes such as urgent diagnosis and quarantine of animal diseases, may be exempt from reporting requirements.
1.e. Temporal Scope : Access to, research, and development of Korean genetic resources and associated traditional knowledge after September 18, 2018
1.f. Check Competent National Authorities their fields of jurisdiction
2. Conclusion of Mutually Agreed Terms
2.a. Providers and users of genetic resources shall agree to share the benefits of domestic genetic resources fairly and equitably. Conclusion of Mutually Agreed Terms.
2.b. If Mutually Agreed Terms are concluded ex post facto please submit an Application Form for Verifying the Conclusion of Mutually Agreed Terms and evidencing documents to the head of the Competent National Authority; and a verification certificate will be issued.
1. Conclusion of Mutually Agreed Terms
: Providers and users of genetic resources shall agree to share the benefits of domestic genetic resources fairly and equitably. Conclusion of Mutually Agreed Terms. (if available)
2. Submission of Access Report
2.1. Foreigners and overseas Koreans shall submit access reports online at ABSCH KOREA [www.abs.go.kr, or submission via e-mail(gric@korea.kr) is possible]
2.2. Selection of the relevant Competent National Authority
2.3. Attach documents that can confirm your identity or affiliation, such as a passport
2.4. Only if Mutually Agreed Terms concluded, tick in column ‘Contents of MATs’ and attach a copy of the MATs. If users have not concluded Mutually Agreed Terms, please briefly state the reasons as to why no MATs were concluded.
2.5. Attach electronic revenue stamp (KRW 10,000)
3. Issuance of Declaration Certificate
: The declaration certificate for access to Korean genetic resources is issued
4. Access and use of genetic resources and associated traditional knowledge
5. Benefit Sharing
Benefit Sharing with the provider according to the Mutually Agreed Terms
§. If Mutually Agreed Terms are established after the access certificate is issued
1. Apply for confirmation of Mutually Agreed Terms conclusion and receive application and issue confirmation certificate
2. Documents to be submitted: A copy of the Mutually Agreed Terms
3. No fees
4. Processing period: Up to 15 days
5. Verification Certificate of the Conclusion of Mutually Agreed Terms issued
§§. Change Reporting
1. Those who wish to change the following items among those who have reported access to genetic resources. (Genetic Resources Act Article 9 (3), Enforcement Decree of the same Act Article 4 (6))
a. To change purpose for accessing the declared genetic resource(s);
b. To increase at least 10/100 of the declared genetic resource(s) content or concentration (excluding microorganisms);
c. To change the details of Mutually Agreed Terms concerning the relevant genetic resource(s) (only applicable where Mutually Agreed Terms are established).
2. Documents to be submitted: Original Declaration Certificate for Access to Korean Genetic Resources (mail submission), A copy of the changed Mutually Agreed Terms (if applicable)
3. Fee KRW 5,000 (attach electronic revenue stamp)
4. Processing period: Up to 30 days
: Providers and users of genetic resources shall agree to share the benefits of domestic genetic resources fairly and equitably. Conclusion of Mutually Agreed Terms. (if available)
2. Submission of Access Report
2.1. Foreigners and overseas Koreans shall submit access reports online at ABSCH KOREA [www.abs.go.kr, or submission via e-mail(gric@korea.kr) is possible]
2.2. Selection of the relevant Competent National Authority
2.3. Attach documents that can confirm your identity or affiliation, such as a passport
2.4. Only if Mutually Agreed Terms concluded, tick in column ‘Contents of MATs’ and attach a copy of the MATs. If users have not concluded Mutually Agreed Terms, please briefly state the reasons as to why no MATs were concluded.
2.5. Attach electronic revenue stamp (KRW 10,000)
3. Issuance of Declaration Certificate
: The declaration certificate for access to Korean genetic resources is issued
4. Access and use of genetic resources and associated traditional knowledge
5. Benefit Sharing
Benefit Sharing with the provider according to the Mutually Agreed Terms
§. If Mutually Agreed Terms are established after the access certificate is issued
1. Apply for confirmation of Mutually Agreed Terms conclusion and receive application and issue confirmation certificate
2. Documents to be submitted: A copy of the Mutually Agreed Terms
3. No fees
4. Processing period: Up to 15 days
5. Verification Certificate of the Conclusion of Mutually Agreed Terms issued
§§. Change Reporting
1. Those who wish to change the following items among those who have reported access to genetic resources. (Genetic Resources Act Article 9 (3), Enforcement Decree of the same Act Article 4 (6))
a. To change purpose for accessing the declared genetic resource(s);
b. To increase at least 10/100 of the declared genetic resource(s) content or concentration (excluding microorganisms);
c. To change the details of Mutually Agreed Terms concerning the relevant genetic resource(s) (only applicable where Mutually Agreed Terms are established).
2. Documents to be submitted: Original Declaration Certificate for Access to Korean Genetic Resources (mail submission), A copy of the changed Mutually Agreed Terms (if applicable)
3. Fee KRW 5,000 (attach electronic revenue stamp)
4. Processing period: Up to 30 days
- GuidelinesforForeignUsersofKoreanGR_202311.pdf [ English ]
Yes
○ Documents that can confirm your identity or affiliation, such as a passport
- For corporations, document equivalent to corporate registration certificate.
- Identity of a person with an alien registration card or a foreign corporation established under Korean law can be confirmed through sharing administrative information.
○ A copy of the Mutually Agreed Terms
- For corporations, document equivalent to corporate registration certificate.
- Identity of a person with an alien registration card or a foreign corporation established under Korean law can be confirmed through sharing administrative information.
○ A copy of the Mutually Agreed Terms
Yes
KRW 10,000 (attach electronic revenue stamp)
30
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.
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-247114-1
Legislative, Administrative or Policy Measure
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.
- ABS legislative, administrative or policy measures
- Commercial purpose
- Non-commercial purposes
- Agricultural sector
- Academic research
- Botanical and horticultural sector
- Identification and taxonomy
- Food and beverage
- Industrial biotechnology,
- Personal care and cosmetics
- Pharmaceutical sector
- All types of genetic resources
- Plants
- Animals
- Microorganism
- Fungi
- Wild species
- Domesticated species and/or cultivated species
- All areas of access of the genetic resource
- Agricultural areas
- Forest
- Inland waters
- Dry and sub-humid areas
- Marine and coastal areas
- Mountains
- Protected areas
- Islands
- Ex-situ
- Soil and/or water samples
- Users of genetic resources
Competent National Authorities and their fields of jurisdiction / Genetic Resources Type
1. Ministry of Environment / Biological resources1, Wildlife2
; 1genetic resources, organisms, parts of organisms, population, or components of organisms, which are valuable for humans or have practical or potential usage
2species of animals, plants, fungi, lichens, protists, and prokaryotes that inhabit or grow in nature, such as around mountains, plains, or rivers
2. Ministry of Science and ICT / Biological research resources
; raw materials that form the basis for biotechnology research, consisting of different types of living organisms, including genetic resources, with practical or potential value for research or industrial uses, such as animals, plants, microorganisms and human-derived research materials, and related information
3. Ministry of Agriculture, Food and Rural Affairs / agricultural bio-resource
; any real animals, plants, micro-organisms, and other living creatures with the real or potential value for agriculture)
4. Ministry of Oceans and Fisheries / marine fishery bio-resource
; (a) Real marine living creatures, such as marine fauna and flora and marine microorganisms, and information on the useful information, etc. identified by using such real creatures
; (b) Marine genetic resources; (c) Real living creatures, such as fishery resources
5. Korea Disease Control and Prevention Agency / Pathogen resources
; any of the following resources having actual or potential value for healthcare study or the healthcare industry
; (a) Pathogenic organisms, such as bacteria, fungi, viruses, and protozoa, that can cause infectious diseases in humans, and related information
; (b) Pathogen-derived materials, such as cytological materials, antigens, and antibodies, that derive from pathogens and exist naturally, and related information)
1. Ministry of Environment / Biological resources1, Wildlife2
; 1genetic resources, organisms, parts of organisms, population, or components of organisms, which are valuable for humans or have practical or potential usage
2species of animals, plants, fungi, lichens, protists, and prokaryotes that inhabit or grow in nature, such as around mountains, plains, or rivers
2. Ministry of Science and ICT / Biological research resources
; raw materials that form the basis for biotechnology research, consisting of different types of living organisms, including genetic resources, with practical or potential value for research or industrial uses, such as animals, plants, microorganisms and human-derived research materials, and related information
3. Ministry of Agriculture, Food and Rural Affairs / agricultural bio-resource
; any real animals, plants, micro-organisms, and other living creatures with the real or potential value for agriculture)
4. Ministry of Oceans and Fisheries / marine fishery bio-resource
; (a) Real marine living creatures, such as marine fauna and flora and marine microorganisms, and information on the useful information, etc. identified by using such real creatures
; (b) Marine genetic resources; (c) Real living creatures, such as fishery resources
5. Korea Disease Control and Prevention Agency / Pathogen resources
; any of the following resources having actual or potential value for healthcare study or the healthcare industry
; (a) Pathogenic organisms, such as bacteria, fungi, viruses, and protozoa, that can cause infectious diseases in humans, and related information
; (b) Pathogen-derived materials, such as cytological materials, antigens, and antibodies, that derive from pathogens and exist naturally, and related information)
- ABSCH KOREA [ English ]
