VZCZCXYZ0000
RR RUEHWEB

DE RUEHBO #0720/01 0621754
ZNR UUUUU ZZH
R 031754Z MAR 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 7488
INFO RUEHBR/AMEMBASSY BRASILIA 8695
RUEHCV/AMEMBASSY CARACAS 1749
RUEHPE/AMEMBASSY LIMA 7067
RUEHLP/AMEMBASSY LA PAZ MAR PANAMA 3128
RUEHQT/AMEMBASSY QUITO 7794

UNCLAS BOGOTA 000720 
 
SIPDIS 
SENSITIVE 
 
FOR OES/ENRC SSEYMOR 
 
E.O. 12958: N/A 
TAGS: ECON EAGR SENV TBIO CO
SUBJECT: COLOMBIA: INFORMATION REGARDING ACCESS TO GENETIC 
RESOURCES 
 
REF: STATE 9667 
 
¶1. (SBU) SUMMARY.  Decree 309 of 2000 establishes the GOC's 
regulatory framework for research collection and access to 
genetic resources.  Every researcher must have a permit to 
collect, as well as an additional permit or "contract" to 
access genetic or biological material.  National, regional 
and local authorities are authorized to issue permits, with 
the Ministry of Environment (MOE) as the lead policy entity. 
While the process for collection permits functions, albeit 
slowly, it is nearly impossible for researchers to acquire 
the additional permit required to actually access the 
specimen's biological or genetic material due to bureaucratic 
inefficiencies and MOE fears about relinquishing rights to 
researchers who could commercially exploit Colombian 
patrimonial resources.  Our contacts told us that therefore 
most researchers carry out that component of their research 
illegally, without official permission.  The process becomes 
even more complicated if one wants to collect or research 
near indigenous or Afro-Colombian lands, due to unique legal 
protections pertaining to those areas.  FAS is still 
gathering information regarding the agricultural research, 
and will provide its findings via a subsequent email to 
OES/ENRC.  END SUMMARY. 
 
Legislation and Regulation 
-------------------------- 
 
¶2. (U) Permits for Collection:  All researchers (both foreign 
and domestic) must have a permit to collect biological or 
genetic specimens in Colombia.  The collection permit issuing 
process is multi-level.  The MOE's Direction of Permits and 
Licensing, regional development corporations (CARs), and the 
municipal authorities in cities with populations exceeding 1 
million inhabitants, are authorized to issue permits.  (NOTE: 
 CARs are administratively and financially independent 
regional institutions in charge of implementing national 
policies and regulations within their boundaries.  END NOTE.) 
 The MOE issues permits for research occurring in two or more 
departments, a CAR issues permits when research occurs solely 
in its department, and municipal authorities are responsible 
for licenses pertaining to small-scale research in specific 
city domains. 
 
¶3. (SBU) The MOE is the lead policy agency on genetic 
resources, but it cannot overcome permit decisions made at 
the regional or local levels.  The employees of Government of 
Colombia (GOC) research institutions -- Humboldt Institute, 
Sinchi, Invermar -- do not need permits, which often creates 
an imbalance in the system.  After receiving all the required 
documents, it normally takes the MOE approximately four 
months to issue a collection permit, and most permits are 
issued on a researcher basis, rather than by projects.  Three 
well-known academic institutions -- Los Andes, Nacional and 
Javeriana -- are presently collaborating with the MOE to 
receive blanket collection permits for both faculty and 
students for specific sites or projects. 
 
¶4. (SBU) Permits for Research or Access to Genetic Resources: 
 An additional permit, which the MOE calls a "contract," is 
required to research or access genetic resources (DNA) of 
specimen collected in Colombia.  The Director of the MOE's 
Licensing and Permit Department Jhon Marmol told us that the 
MOE, which is the only entity authorized to issue contracts, 
has issued 23 contracts since 1997.  Marmol suggested that 
Andean countries are more regulated in this area than other 
countries due to the Cartagena Protocol on Biosafety, with 
Colombia being the only Andean signatory country thus far to 
issue genetic material access contracts.  Gonzalo Andrade, a 
Life Science professor at Universidad Nacional and one of the 
Convention on Biological Diversity (CBD) National Contacts 
for Colombia, added that 90 percent of researchers illegally 
access genetic resources, due to the additional time and 
financial resources needed to obtain a contract. 
 
¶5. (SBU) Marmol told us the MOE simply did not have the 
personnel to issue high numbers of contracts, especially 
since they are hesitant to approve paperwork that might 
enable researchers to legally "rob" and exploit Colombia of 
its national resources.  The MOE technically has sanction 
ability against researchers without contracts, but the MOE 
has yet to impose such a fine.  Marmol admitted that 
Colombia's geography makes it impossible for the MOE to 
 
 
control the activities of all the researchers.  The Ministry 
of Commerce (MOC) is responsible for issuing contracts for 
research with commercial ends, which Marmol told us has 
occurred a handful of times but he did not have specific 
numbers.  Without a genetic contract, neither researchers nor 
organizations can patent derivative products, which makes the 
number of local genetic-based patents nearly non-existent. 
Andrade added that most other Central and Latin American 
countries do not have such stringent regulations, which often 
leads to researchers illegally taking specimens out of 
Colombia, or prevents them from carrying out research in the 
country. 
 
¶6. (SBU) Indigenous and Afro-Colombian Lands:  Andrade told 
us that further complications arise if a researcher needs to 
collect specimens near indigenous or Afro-Colombian lands. 
(NOTE: Per Law 70, indigenous and Afro-Colombian communities 
have special rights, including land ownership.  The 
communities must be consulted in any activity that affects 
their land.  END NOTE.)  While researchers must normally 
submit an authorizing letter from the Ministry of Interior 
stating that the research will not occur near indigenous or 
Afro-Colombian land to receive a collection permit or genetic 
contract, those researchers who do propose to collect 
specimens near indigenous or Afro-Colombian lands must obtain 
written consent from the local elders or tribal leaders to 
undergo the research.  Andrade said that this is the most 
time-consuming and financially constraining component of the 
permit process, regardless of the type of permit being 
solicited.  He said that this alone can prolong the 
collection permit process to over a year, which unfortunately 
results in a lack of research near those areas.  Marmol 
agreed that due to the additional legal requirements, little 
research occurs near indigenous or Afro-Colombian areas. 
 
Movement of Biological Specimens 
-------------------------------- 
 
¶7. (SBU) The MOE is also responsible for issuing all export 
and import permits for specimens with scientific ends.  As 
there are no rules for the internal shipment of specimens, 
they can be shipped throughout departments -- provided that 
the initial collection permit is valid -- without additional 
paperwork.  However, each collection permit states the 
location of the collection.  If that location changes, then 
the researcher must obtain a new permit before proceeding. 
The main step in receiving an MOE export permit for specimens 
intended for scientific use is a registration paper provided 
by the GOC's biodiversity research center known as the 
Humboldt Institute.  The Humboldt Institute registers and 
documents the specimen before it can be shipped abroad.  Per 
Colombian law, every specimen sent abroad for scientific 
purposes must return to Colombia.  Colombian researchers and 
institutions can loan specimen, but they can never donate 
them permanently to a foreign country or institute.  The 
Ministry of Commerce (MOC), however, has the authority to 
issue commercial export and import licenses for specimens not 
listed in the Convention on International Trade in Endangered 
Species (CITES) once a researchers is in possession of all 
other required permits or contracts.  However, according to 
Andrade, there is no record of the MOC ever issuing such a 
commercial export or import license. 
 
Status of MAT and PIC 
--------------------- 
 
¶8. (SBU) The MOE is responsible for Mutually Agreed Terms 
(MAT) and Prior Informed Consent (PIC), and has an informal 
committee for developing MAT and PIC processes.  There are no 
specific laws regulating the processes, and the MOE has no 
plans to develop such legislation.  However, prior to issuing 
each contract the MOE holds a negotiating meeting with the 
involved researchers or institutions.  The MOE intends to 
seek monetary benefits from researchers within the next few 
years, but presently it only negotiates for non-monetary 
benefits from researchers such as follow-up workshops and 
publication of research findings.  Most of the GOC CBD reps, 
except for Professor Andrade, hold senior policy positions 
and it remains unclear to what extent they follow technical 
CBD issues.  At the technical level, however, experts such as 
Director Marmol, are readily accessible and knowledgeable of 
CBD developments.  Post will fax to OES/ENRC the general 
information that the MOE gives to foreign researchers seeking 
 
to obtain permits.  More information can be found on the 
MOE's website at www.minambiente.gov.co, under the tab for 
the Direccion de Licencias, Permisos y Tramites, and on the 
MOC's website at www.vuce.gov.co. 
 
BROWNFIELD