국립생물자원관 ABSCH 유전자원정보관리센터

Article 1 (Purpose)

The purpose of this Act is to provide for the implementation of 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 contribute to the conservation and sustainable use of biodiversity by promoting fair and equitable sharing of benefits arising from access and use of genetic resources with respect to traditional knowledge, and to improve the lives of the people and promote international cooperation

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

• 1. “Genetic resources” shall have the meaning ascribed to in Article 2, Section 4 of the Act on the Conservation and Utilization of Biodiversity.
• 2. “Traditional knowledge” means knowledge, technology and practice, etc. of individuals or local communities which have maintained a traditional life style appropriate for the conservation and sustainable use of genetic resources.
• 3. “Access” means the collection of information regarding the acquisition of a specimen or substance of a genetic resource, or of a genetic resource and its associated traditional knowledge (collectively, “genetic resource(s)”).
• 4. “Utilization”(or use) means to conduct, through the application of biotechnology, the research and development on the genetic and biochemical components of genetic resources.
• 5. “Benefit” means monetary benefits, including but not limited to royalties and income, etc from the use of genetic resources non-monetary benefits, including but not limited to, sharing of research results and transfer of technology ,etc.

Article 3 (Applicability) This Act shall not apply if it applies to any of the following

• 1. Human genetic resources, etc.
• 2. Genetic resources existing in area beyond national jurisdiction, such as Antarctica.
• 3. Utilization of genetic resources for any other purpose than described in Article 1(4) above.
• 4. Genetic resources that are subject to other international treaties related to the access of genetic resources and the sharing of benefits.
• 5. Genetic resources that have been granted patents rights pursuant to Article 87(1) of the Patent Act.

Article 4 (Responsibilities of State)

• (1) The State shall establish and implement policies necessary for systematic protection and management of genetic resources.
• (2) Providers and users of genetic resources should be cognizant of the importance of genetic resources and affirmatively support the State’s policy of protection and managing Genetic Resources.

Article 5 (Relationship with other Acts)

Except as otherwise provided for in any other Act, the access to and utilization of genetic resources and benefit sharing shall be governed by the provisions of this Act.

Article 6 (Establishment of Support Measures)

In order to support access and use of genetic resources, the State shall provide the following measures.

• 1. Providing current status on the research of access and utilization of genetic resources.
• 2. Providing domestic and foreign information regarding access to genetic resources and benefit sharing procedures.
• 3. Protecting the rights to those who utilize and access genetic resources.
• 4. Providing other supports to those who access or utilize genetic resources.

Article 7 (National Focal Point)

• (1) In accordance with Article 13 (1) of 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 (the “Protocol”), the national focal point (hereinafter, “National Focal Point”) and its services are as follows:
  • 1. Ministry of Foreign Affairs: Liaising with the secretariat of the Convention on Biodiversity.
  • 2. Ministry of Environment: Dissemination of information on access to genetic resources and sharing of benefits.
• (2) The scope of the information provided pursuant to Paragraph 1 above, and matters concerning the duties of the National Focal Point shall be prescribed by Presidential Decree.

Article 7 (National Focal Point)

• (1) In accordance with Article 13 (2) of the Protocol, the competent national authorities (hereafter the “Competent National Authorities”) and its field of jurisdiction are as follows:
  • 1. Ministry of Science, ICT and Future Planning: Bio-resources in accordance with the Act on the Acquisition, Management, and Utilization of Bio-resources for Research.
  • 2. Ministry of Agriculture, Food and Rural Affairs: Agricultural Bio-resources in accordance with the Act on the Preservation, Management, and Use of Agricultural Bio-resources.
  • 3. Ministry of Health and Welfare: Pathogenic organism resources in accordance with the Act on the Collection, Management, and Utilization of Pathogenic organism Resources.
  • 4. Ministry of Environment: Biological resources sector in accordance with the Act on the Wildlife Conservation and Management and in accordance with the Act on Biodiversity Convention and Utilization.
  • 5. Ministry of Oceans and Fisheries: Marine bio-resources in accordance with the Act on the Acquisition, Management, and Utilization of Marine Bio-resources.
• (2) In order to carry out the duties as prescribed in Paragraph1 above, the head of the Competent National Authority shall perform the following duties:
  • 1. Reporting in accordance with Article 9 below and processing any changes in the reporting.
  • 2. Prohibiting or restricting access and utilization of domestic genetic resources in accordance with Article 12(1) below.
  • 3. Supporting the fair and equitable sharing of benefits from domestic genetic resources.
  • 4. Other necessary matters relating to access and utilization of domestic genetic resources shall be prescribed by Presidential Decree.

Article 9 (Reporting of Access to Domestic Genetic Resources)

• (1) Where foreigners, overseas Koreans, foreign institutions, and international organizations and those individuals designated by an ordinance of the Ministry of Environment seek to access and utilize domestic genetic resources, shall report to the head of the Competent National Authority in accordance with a Presidential Decree.
• (2) Notwithstanding Paragraph 1 above, if the procedures under the following subparagraphs have been complied with, it will be deemed that that a reporting has been done in accordance with Paragraph 1 above.
  • 1. Cases where approval was granted in accordance with Article 11(2) of the Act on the Conservation and Utilization of Biological Diversity or if reporting was done in accordance with Article 13(1) of the same Act on the Conservation and Utilization of Biological Diversity.
  • 2. Cases where approval was granted in accordance with Article 18(1) of the Act on the Preservation, Management, and Use of Agricultural Bio-resources.
  • 3. Cases where permission was granted under Article 11(1) of the Act on the Acquisition, Management, and Utilization of Marine Bio-resources or if approval was received in accordance with Article 22(1) of the same Act on the Acquisition, Management, and Utilization of Marine Bio-resources.
  • 4. Cases where approval or permission was granted under Article 16(1) or Article 18(1) of the Act on the Collection, Management, and Utilization of Pathogen Resources or if reporting was done in accordance with Article 16(2) of the same Act on the Collection, Management, and Utilization of Pathogen Resources.
• (3) If a person who has reported in accordance with Paragraph 1 above seeks to change matters prescribed by Presidential Decree, then that person shall report the change to the head of the Competent National Authority.
• (4) For the purposes of utilization domestic genetic resources, if a Korean national is required to verify that the provider of the genetic resource is the Republic of Korea (as a country that provides the genetic resources as a country of origin or refers to a country that has legally acquired in accordance with the Convention on Biological Diversity. Hereinafter the same shall apply), the Korean national can, if proscribed by Presidential Decree, report to the head of the Competent National Authority pursuant to Paragraph 1 and Paragraph 3.
• [Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea.

Article 10 (Exceptions to Reporting of Access to Domestic Genetic Resources.)

• Notwithstanding Article 1(9), if any of the following are applicable, the head of the Competent National Authority, in accordance with the Presidential Decree, in consultation with the head of the relevant central administrative agency seek to simplify the genetic resources access reporting procedures or waive the reporting requirement.
  • 1. If it is recognized that expedited access 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.
  • 2. In the case where access to genetic resources for non-commercial purposes such as pure research; however, if the non-commercial purpose changed, it should be reported without delay in accordance with Article 9(1).
• [Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea.

Article 11 (Sharing the Benefits of Domestic Genetic Resources)

Providers and users of genetic resources should agree to share the benefits of domestic genetic resources fairly and equitably.

[Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea

Article 12 (Prohibition Against Certain Access and Utilization of Domestic Genetic Resources)

• (1) If any of the following are applicable, the head of the Competent National Authority, in consultation with the head of the relevant central administrative agency seek to prohibit or restrict the access and use of the domestic genetic resources.
  • 1. When it is recognized that there is a risk of causing harm or to cause harm to the preservation and continuous use of biodiversity (hereinafter, “Biodiversity”) in accordance with Article 2(1) of the Act on the Conversation and Use of Biodiversity.
  • 2. When it is recognized that there is a negative impact socio-economically or the possibility to have a negative impact socio-economically on the value of biodiversity
• (2) If pursuant to Paragraph 1, the head of the Competent National Authority seeks to prohibit or restrict the access and use of Genetic Resources, then the head of the Competent National Authority must notify the prohibited or restricted contents of the applicable Genetic Resource.

Article 13 (National Checkpoints)

• (1) Subject to Article 17 of the Protocol, the national checkpoint (hereinafter, “National Checkpoint”) and its field of jurisdiction are as follows:
  • 1. Ministry of Science, ICT and Future Planning: Ministry of Science, ICT and FuturePlanning: In accordance with the Act on the Acquisition, Management, and Utilization of Bio-resources for Research.
  • 2. Ministry of Agriculture, Food and Rural Affairs: Agricultural Bio-resources in accordance with the Act on the Preservation, Management, and Use of Agricultural Bio-resources.
  • 3. Ministry of Trade, Industry and Energy: In accordance with the Act on the Acquisition, Management, and Utilization of Bio-resources for Research.
  • 4. Ministry of Health and Welfare: Pathogenic organism resources in accordance with the Act on the Collection, Management, and Utilization of Pathogenic organism Resources.
  • 5. Ministry of Environment: Biological resources sector in accordance with the Act on the Wildlife Conservation and Management and in accordance with the Act on Biodiversity Convention and Utilization.
  • 6. Ministry of Oceans and Fisheries: Marine Bio-resources in accordance with the Act on the Acquisition, Management, and Utilization of Marine Bio-resources.
• (2) In accordance with Paragraph (1), the head of the National Checkpoint shall perform the following tasks will be undertaken.
  • 1. Procedural compliance regarding handling of report in accordance with Article 15.
  • 2. Procedural compliance regarding investigations and recommendations.
  • 3. Support to persons who uses foreign genetic resources domestically.
  • 4. Other necessary matters relating to access and use of foreign genetic resources as prescribed by Presidential Decree.

Article 14 (Compliance with Procedures regarding Access and Use of Foreign Genetic Resources)

• (1) Any person who wishes to access the overseas genetic resources for use in Korea shall observe the procedures established by the providing country.
• (2) Any person who wishes to access foreign genetic resources for use in Korea shall endeavor to fairly and equitably share the benefits of the overseas genetic resources with the providers of the applicable genetic resources.

Article 15 (Procedural Compliance Reporting)

• (1) A person who intends to access foreign genetic resources for use to use in Korea shall report to the head of the National Checkpoint as prescribed by the Presidential Decree that the person has complied with the procedures set forth in Article 14(1).
• (2) The report referred to in Paragraph 1 is limited to cases where it is used in Korea by accessing the genetic resources of the provider country which has established procedures for accessing and using genetic resources as a country that is a party to the Protocol.
• [Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea.

Article 16 (Procedural Compliance Investigation)

• (1) In any of the following cases, the head of the National Checkpoint may investigate whether a domestic user of foreign genetic resources has complied with the procedures set for in Article 14(1).
  • 1. In the case where there is an objection to the procedural violations under Article 14(1) from the providing country.
  • 2. In the case where a third party has provided information regarding procedural violations under Article 14(1).
  • 3. In the case where is considerable reasons to be suspicious that procedures were not observed under Article 14(1).
• (2) In the case where the results of the investigations are required under Paragraph 1, the head of the National Checkpoint may recommend that a person using foreign genetic resources domestically observe the procedures in accordance with Article 14(1).
• (3) A person using foreign genetic resources domestically shall cooperate with investigations under Paragraph 1.
• (4) The details and methods of investigation under Paragraph 1 shall be determined by Presidential Decree.
• [Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea.

Article 17 (Genetic Resources Information Management Center)

• (1) The Minister of Environment shall establish and operate an information management center (hereinafter, “Genetic Resources Information Management Center”) in order to expertly carryout the task related to access and use of genetic resources and benefit sharing.
• (2) The Genetic Resources Information Management Center shall perform following tasks:
  • 1. Collecting, managing, investigating, and providing information related to foreign and domestic access and use of genetic resources and benefit sharing.
  • 2. Providing information on access and benefit sharing clearing house in accordance with Article 14 of the Protocol for domestic genetic resources.
  • 3. Other necessary matters relating to the tasks of National Focal Point, Competent National Authorities, and National Checkpoints as prescribed by Presidential Decree.
• (3) The heads of Competent National Authorities and National Checkpoints shall provide the following information regarding access to genetic resources and benefit sharing to the Genetic Resources Information Management Center
  • 1. Matters concerning reporting or change reporting under Article 9.
  • 2. Matters concerning reporting under Article 15 and investigation and recommendations under Article 16.
  • 3. Other matters prescribed by Presidential Decree.
• (4) Matters necessary for the establishment and operation of the Genetic Resources Information Management Center shall be determined by Presidential Decree.

Article 18 (Composition and Operation of the Council)

• (1) The Minister of Environment may establish and operate the Council to consult with the head of the relevant central administrative agency regarding necessary matters for the access and use of genetic resources and for benefit sharing.
• (2) The composition and operations of the Council in accordance with Paragraph 1 and other matters shall be determined by Presidential Decree.

Article 19 (Information Protection)

• (1) The heads of the National Focal Point, Competent National Authorities, National Checkpoints and Genetic Resources Information Management Center shall take all measures necessary to protect genetic resources information in order to protect the rights of the providers and users of genetic resources.
• (2) The respective heads of agencies and the Center under Paragraph 1, shall not use information related to genetic resources for commercial purposes or provide them to other persons except as prescribed by Presidential Decree.

Article 20 (National Subsidy)

The State may subsidize all or part of the costs to an agency, corporation, or organization carrying out projects that promote access and use of genetic resources and benefit sharing.

Article 21 (Securing Financing)

The State should prepare measures to secure funding to promote access and use of genetic resources and benefit sharing.

Article 22 (Fees)

• (1) Pursuant to Article (1) (3) and (4), any person intending to report or change a report shall pay a fee.
• (2) The amount of the fee as referenced in Paragraph 1, payment method, and payment period shall be determined by an ordinance of the Ministry of Environment

[Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea.

Article 23 (Delegation and Entrustment of Authority)

• (1) Part of the authority of the Competent National Authority and National Checkpoint under this Act may be delegated to the heads of their respective agencies or entrusted to other administrative agency heads, as prescribed by Presidential Decree.
• (2) Part of the duties of the Competent National Authority and National Checkpoint under this Act may be entrusted to the heads of related specialized institutions, corporations or organization as prescribed by Presidential Decree

Article 24 (Deemed Public Officials for Purposes of Penalty Provisions)

Any executives or employees of related specialized agencies, corporations or organizations conducting business affairs entrusted pursuant to Article 23(2) shall be deemed a “public official” for the purposes of penal provisions under Articles 129 through 132 of the Criminal Act.

Article 25 (Review of Regulations)

Regarding the following matters, the Minister of Environment shall in every two years based on the reference date (refers to the same day as the reference day every two years), conduct a feasibility study and take measures for improvement.

• 1. Reporting of domestic access to genetic resources under Article 9(1): One year after the date on which the Protocol becomes effective in Korea.
• 2. Prohibition or restriction on access and use of domestic genetic resources under Article 12: The date on which the Protocol takes effect in Korea.
• 3. A report on the procedural compliance under Article 15 and investigation and recommendation on procedural compliance under Article 16: One year after the date on which the Protocol becomes effective in Korea.
• 4. Administrative fines under Article 28: One year after the date on which the Protocol becomes effective in Korea.

Article 26 (Penal Provisions)

Any person who accesses or uses genetic resources that are prohibited or restricted from access or use in violation of Article 12(1) shall be punished by imprisonment for not more than 3 years or a fine not to exceed 30 Million Won.

Article 27 (Confiscation and Collection)

In case of Article 26, the applicable genetic resource will be confiscated; however, if confiscation is not possible, then equivalent price thereof shall be collected.

Article 28 (Administrative Fines)

• (1) Any of the following persons shall be subject to administrative fines not to exceed 10 Million Won.
  • 1. Any person that has not filed a report under Article 9(1).
  • 2. Any person that has not filed a report under Article 15(1).
• (2) A fine not to exceed 5 Million Won shall be imposed on any person that has not filed a report of change under Article 9(3).
• (3) The administrative fines referenced in Paragraphs 1 and 2 shall be imposed and collected by the respective heads of the Competent National Authorities or the National Checkpoints as prescribed by Presidential Decree.
• [Enforcement TBD] One year after the date on which the Protocol becomes effective in Korea.

Article 1 (Enforcement Date)

This Act shall enter into force on the date which the Protocol becomes effective in Korea; however, Articles 9 through 11, Article 15, Article 16, Article 22, and Article 28 shall enter into force one year after the date on which the Protocol becomes effective in Korea.

Article 2 (Applicability)

• (1) Article 12 and Article 14 shall be applicable to any persons who approach for the purposes of using genetic with a resources after the enforcement of this Act.
• (2) Articles 9 through 11, Article 15 and Article 16 shall be applicable to any persons who approach for the purposes of using genetic resources after the effective date of the same provision.

Article 3 (Transitional Measures concerning the Preservation and Management of Agriculture Bioresources ACT and the Aquisition, Management and Utilization of Marine Fishery Bioresources ACT)

• ① “The Preservation and Management of Agriculture Bioresources ACT” referred to in subparagraph 2 of Article 8(1) and “Marine-Fisheries Resources pursuant to the Preservation, Management And Use Of Marine Fishery Bioresources ACT” referred to in subparagraph 5 of Article 8(1) shall be respectively deemed “Act On The Preservation, Management And Use of Agro-Fishery Bioresources” and “Marine Bioresources pursuant to Act on Securing, Management, Use, etc. of Marine and Fisheries Bioresources and Fisheries Bioresources pursuant to Act On The Preservation, Management And Use of Agro-Fishery Bioresources” until June 27, 2017.
• ② “The Preservation and Management of Agriculture Bioresources ACT” referred to in subparagraph 2 of Article 13(1) and “Marine-Fisheries Resources pursuant to the Preservation, Management And Use Of Marine Fishery Bioresources ACT” referred to in subparagraph 6 of Article 8(1) shall be respectively deemed “Act On The Preservation, Management And Use of Agro-Fishery Bioresources” and “Marine Bioresources pursuant to ACT on the Preservation, Management And use of Marine Bioresources and Fisheries Bioresources pursuant to Act On The Preservation, Management And Use of Agro-Fishery Bioresources” until June 27, 2017.