VZCZCXYZ0017
RR RUEHWEB

DE RUEHSN #0940 1001801
ZNR UUUUU ZZH
R 101801Z APR 06
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC 1874
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHQT/AMEMBASSY QUITO 0831

UNCLAS SAN SALVADOR 000940 
 
SIPDIS 
 
SIPDIS 
 
QUITO FOR ECON/DTITUS 
 
E.O. 12958: N/A 
TAGS: SENV ETRD EAGR TBIO ES CAFTA
SUBJECT: EL SALVADOR'S PROGRESS TOWARDS COMPLIANCE WITH THE 
CARTAGENA PROTOCOL ON BIOSAFETY 
 
REF: A) STATE 34706; B) 2005 SAN SALVADOR 000295 
 
¶1.   Summary.  The GOES is slowly moving to comply with the 
Cartagena Protocol on Biosafety and improve the environment 
for the use of biotechnology.  A new law governing the safe 
management of genetically modified organisms has been under 
review for four months by the Technical Secretary of the 
Presidency of the Republic.  In keeping with commitments 
under the Central American Free Trade Agreement (CAFTA-DR) 
to ratify international agreements related to biotechnology, 
on March 1st El Salvador ratified the Patent Cooperation 
Treaty (1970) and the Budapest Treaty for the International 
Recognition of the Deposit of Microorganisms for the 
Purposes of Patent Procedure (1980).  The private 
organization most interested in developing biotechnology in 
El Salvador is FIAGRO. End Summary. 
 
¶2.    In December 2004, the Ministry of the Environment and 
Natural Resources (MARN) sent a draft law "Special 
Regulation of Measures to Ensure the Safe Management of 
Genetically Modified Organisms in El Salvador" to the Office 
of President Saca for its approval.  This law establishes 
mechanisms to implement Articles 11, 12, 13, 19 and 20 of 
the Cartagena Protocol related to incentives for 
conservation and sustainable use of biodiversity; research, 
training and public awareness; and the safe transfer and 
handling of biological resources.  The regulation also 
establishes MARN as the competent authority and focal point 
for management of genetic resources in coordination with the 
Ministry of Agriculture (MAG) and the Ministry of Health 
(MSPAS)(ref b).  The Technical Secretary to the President is 
reviewing the draft law and will send it to the Legislative 
Assembly for approval.  According to Ernesto Lopez Zepeda, 
Director General of Natural Heritage at MARN, it is unclear 
when the Technical Secretary will complete its review. 
Implementation of the law will improve biotechnology 
security levels in El Salvador through the safer management 
of genetically modified organisms. 
 
¶3.   The Central American Free Trade Agreement (CAFTA-DR) 
entered into force between El Salvador and the United States 
on March 1, 2006 and contains several obligations related to 
biotechnology.  To comply with CAFTA-DR, on March 1, 2006 
the Legislative Assembly of El Salvador ratified the Patent 
Cooperation Treaty (1970) and the Budapest Treaty on the 
International Recognition of the Deposit of Microorganism 
for the Purposes of Patent Procedure (1980).  These two 
treaties will become law when published in the official 
gazette, within several weeks according to a contact at the 
Ministry of Economy.  After publication, the instruments of 
ratification will be sent to the official depository agency, 
the World Intellectual Property Organization (WIPO).  To 
comply with CAFTA-DR, El Salvador should also make all 
reasonable efforts to ratify or accede to the Patent Law 
Treaty (2000). 
 
¶4.   Another player involved with biotechnology in El 
Salvador is the Foundation for Agricultural Technological 
Innovation (FIAGRO).  FIAGRO is a non-profit, private 
foundation, whose main objective is to make access to 
advanced technologies easier.   FIAGRO has shown a strong 
interest in promoting new legislation and the use of 
biotechnology in El Salvador, and has already contacted the 
Ministry of Agriculture about developing a Biotechnology 
Institutional Policy, performing a study of national 
biotechnology use, improving current regulations and 
providing training.  FIAGRO approached the Embassy in search 
of financing for this project; Post is interested in 
FIAGRO's ideas and may encourage FIAGRO to present a more 
formal proposal later this year for possible USG funding. 
 
 
¶5. Comment:  MARN has taken the lead in the creation and 
implementation of new biotechnology legislation.  However, 
the review process with the Technical Secretary and the 
ratification by the Legislative Assembly can take some time, 
particularly if there are no pressures to do so, such as 
CAFTA-DR compliance.  El Salvador has complied with CAFTA-DR 
by ratifying some legislation, but biotechnology laws that 
are not integral to high profile agreements like CAFTA-DR 
such as the Special Regulation of Measures to Ensure the 
Safe Management of Genetically Modified Organisms in El 
Salvador appear to be low priority.  End Comment. 
 
Please visit San Salvador's Classified Web Site at 
http://www.state.sgov.gov/p/wha/sansalvador/i ndex.cfm" 
 
Barclay