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ABS in Korea Korean ABS laws

Rationale

  • Article 9 of Act on Access to and Utilization of Genetic Resources and Benefit-SharingVIEW
  • Article 4 and Article 7 of Enforcement Decree of the Act on Access to and Utilization of Genetic Resources and Benefit-SharingVIEW
  • Article 2 and Article 3 of Enforcement Rules of the Act on Access to and Utilization of Genetic Resources and Benefit-SharingVIEW

Contents

  • Where foreigners seek access to Korean genetic resource(s), they shall report such access to the head of the Competent National Authority
    • (Foreigners) ① foreigners, ② overseas Koreans, ③ foreign institutions, ④ international organizations, ⑤Corporations established pursuant to foreign laws, ⑥Corporations established in accordance with the laws of the Republic of Korea which has its headquarters or main offices in foreign countries
    • Integrated Reporting Service (www.abs.go.kr) is now available to users of Korean genetic resources
    • Koreans who seek access to Korean genetic resource(s) may report such access to the head of the Competent National Authority where it is necessary to verify that domestic genetic resource(s) has been legally accessed and the Republic of Korea is the country providing such resource(s)

The reporting process

  • 1

    Preparation : User identifies type, quantity, purpose, and provider of genetic resources

  • 2

    MATs Concluded : User concludes a written contract with the provider for fair benefit sharing of the resources

  • 3

    Report submitted : User submits the access report via online Integrated Reporting Service (with a copy of MATs, a copy of passport and fee receipt)

  • 4

    Report reviewed : the Competent National Authority reviews the submitted report, send modification request (if needed), and issue a declaration certificate (within 30 days from receipt of the report)

  • 5

    Declaration Certificate received : User receives the declaration certificate issued by the CNA

  • 6

    Access and use of the resource : User accesses and uses the genetic resources pursuant to the certificate and MATs

  • 7

    Application for verifying the establishment of MATs : If MATs are established after the declaration certificate was issued, user submits the application form via online Integrated Reporting Service

  • 8

    Application confirmed : the Competent National Authority receives the submitted application and issues the verification certificate

  • 9

    Verification Certificate received : User receives the verification certificate issued by the CNA

  • 10

    Benefit sharing : User shares benefits with the provider pursuant to the MATs