VZCZCXRO7718
PP RUEHAST RUEHHM RUEHLN RUEHMA RUEHPB RUEHPOD RUEHTM RUEHTRO
DE RUEHMO #0604/01 0711459
ZNR UUUUU ZZH
P 121459Z MAR 09
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC PRIORITY 2333
INFO RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/DEPT OF ENERGY WASHINGTON DC
RUEAEPA/HQ EPA WASHDC
RUEHRC/USDA FAS WASHDC 5454

UNCLAS SECTION 01 OF 02 MOSCOW 000604 
 
STATE FOR OES/ENRC 
COMMERCE PLEASE PASS TO USPTO 
USDA FOR ARS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAGR SENV TBIO KIPR PREL PGOV KRVC EFIS RS
SUBJECT: RUSSIA PROPOSES TO START DISCUSSIONS ON ACCESS TO GENETIC 
RESOURCES WITH U.S. 
 
REF: A. STATE 9667 
 ¶B. LOBSTEIN-SEYMOUR E-MAIL 03/02/2009 
 
SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET DISTRIBUTION 
 
¶1. (SBU) SUMMARY: On March 2, officials of the Ministry of Natural 
Resources and Ecology (MNRE) and the Federal Agency for Natural 
Resources Management Supervision (Rosprirodnadzor) told EST that 
Russia's policies and procedures on access to genetic resources and 
sharing of benefits are fragmented and complex, with significant 
gaps.  The Duma is considering new legislation to address challenges 
that are arising, such as the safety of genetically modified 
organisms (GMOs).  There is no body of law or regulation to address 
certain other areas, most significantly the commercial applications 
of genetic resources.  The MNRE officials urged that the USG and GOR 
begin a serious expert-level discussion to define common principles 
in this area.  Post believes this offer would be useful for OES to 
explore in light of wide-ranging U.S.-Russia scientific cooperation 
and GOR concerns about retaining the benefits of potential 
commercial applications of Russia's genetic resources.  END 
SUMMARY. 
 
¶2. (U) On March 2, EST Officer and Environment Specialist met at 
MNRE with Amirkhan Amirkhanov, Deputy Director of the Ministry's 
Department of Policy and Regulation in Environmental Protection and 
Ecological Safety; Valeriy Orlov, the Head of the Ministry's 
Division of Flora and Fauna Biodiversity Conservation; and Tatyana 
Skripnik, the Head of the Division for Permits and Fauna Species 
Control at the Federal Agency for Natural Resources Management 
Supervision (Rosprirodnadzor). 
 
Legislation and regulation of research 
-------------------------------------- 
 
¶3. (SBU) The MNRE officials explained that Russia's policies and 
procedures on access and benefit sharing (ABS) with regard to 
genetic resources are fragmented and contain significant gaps.  In 
its general policies, Russia is guided by its Constitution, which 
obligates citizens in general terms to protect the environment; the 
U.N. Convention on Biodiversity; the U.N. Convention to Combat 
Desertification; and related documents.  However, procedure and 
authority in specific cases depend upon the type of genetic resource 
at issue, the location, and the purpose for which the access is 
intended. 
 
¶4. (SBU) In practice, Russian law regards Russian genetic resources 
as national property, and foreign access to those resources is 
subject to federal government approval; regional and local 
authorities, private actors, and indigenous groups have little or no 
influence in this area.  For example, the Federal Fisheries Service 
must approve access to marine fauna specimens; the Federal Forestry 
Service must approve access to forest resources; access to human 
biological samples lies within the purview of the Ministry of Health 
and Social Development; etc. 
 
¶5. (SBU) There is an established procedure for registering new 
(e.g., genetically modified) organisms for production in Russia; 
however, no GMOs have yet been registered.  Our MNRE counterparts 
attributed this to the onerous bureaucratic procedure involved, 
which includes review by an interagency commission on biotechnology. 
 (Note: On March 5, a senior Russian scientist told EST that the 
delay in approving any GMOs was due to the refusal of Monsanto to 
provide proprietary genetically modified seed corn for study by his 
institute, which is working to develop a methodology for biotech 
safety assessment.  Until the institute can complete this study, the 
scientist said, no GMOs will be approved for domestic production. 
End note.)  A new draft law on genetic engineering safety is before 
the parliament for consideration, but it is unknown when lawmakers 
will examine it.  In some cases relating to ABS, such as commercial 
exploitation of genetic resources, Russia has no laws in place at 
all. 
 
¶6. (U) One area where there is a clear procedure is in issuing 
permits to research vessels for expeditions in Russian waters.  The 
Embassy frequently processes requests to MFA for research vessel 
clearance, which span the gamut from drilling seabed core samples to 
taking samples of fish for scientific study.  The GOR requires six 
months' advance notice in the form of a research prospectus 
delivered to MFA under cover of diplomatic note.  MFA circulates the 
request to the relevant specialized agency for approval.  If there 
is any question or need for clarification, the application is 
returned, the applicant institution must apply again, triggering a 
new six-month timeline. 
 
MOSCOW 00000604  002 OF 002 
 
 
 
Permits for collection of biological specimens 
--------------------------------------------- - 
 
¶7. (U) As noted above in the case of access to specimens, approval 
procedures for collection of specimens varies according to the type 
of specimens, the location, and the purpose.  Research vessels 
obtaining sea fauna samples or core drilling samples would apply via 
the standard procedure for research vessels.  Researchers seeking 
human tissue samples generally apply through the Ministry of Health; 
those seeking forest flora samples go through the Forestry Service; 
etc. 
 
Transport of biological specimens 
--------------------------------- 
 
¶8. (U) Permits to export biological specimens are governed by 
Government Decree 854, issued in 1992.  This decree includes lists 
of items whose export and import are subject to licensing, and whose 
export must be approved by the Ministry of Industry and Trade, with 
the concurrence of Rosprirodnadzor.  Export and import of items not 
subject to licensing are subject only to Rosprirodnadzor approval. 
The designation of types of specimens subject to licensing 
requirements is not guided explicitly by CITES provisions.  There 
are no established rules on transport of specimens within the 
country.  The Federal Veterinary and Phytosanitary Service enforces 
additional requirements and gives approval for export and import of 
certain types of flora and fauna. 
 
Status of MAT and PIC 
--------------------- 
 
¶9. (U) According to our contacts, Russia has no established 
regulations or procedures that address the concepts of prior 
informed consent (PIC) or mutually agreed terms (MAT) for research 
permission and the sharing of benefits. 
 
Easiest to work with Academies of Science 
----------------------------------------- 
 
¶10. (U) Amirkhanov and Orlov noted that scientific researchers 
generally find it more convenient to collaborate under a written 
cooperation agreement with institutes affiliated with one of the 
major scientific academies: primarily the Russian Academy of 
Sciences, the Russian Academy of Medical Sciences, and the Russian 
Academy of Agricultural Sciences.  Member institutes are plugged 
into a federally coordinated bureaucracy that can help facilitate 
the necessary permissions and clearances to gain access, obtain 
samples, and transport them in the course of legitimate scientific 
research. 
 
"Serious discussion" needed on commercialization 
--------------------------------------------- --- 
 
¶11. (SBU) Amirkhanov emphasized that the major gap in Russian 
regulation is in the area of commercial exploitation of genetic 
resources.  This has been a sore point with the Russian government 
because of the issue of intellectual property rights, which has 
arisen as a result of the wide range of international scientific 
cooperation on development of technologies and materials -- often 
with Russian know-how and Russian resources, but often without 
sufficient (from the Russian point of view) guarantees that Russia 
will realize returns to that capital.  Amirkhanov said that our 
visit was fortuitous, because the U.S. and Russia need to begin a 
serious expert-level discussion to define principles governing 
access and benefit sharing in commercial exploitation. 
 
BEYRLE