Domestic Laws Relevant To the ITPGRFA:

1. Draft Executive Order No. ___s. 201_: Providing for the Collection, Characterization, Conservation , Protection and Sustainable Use of Plant Genetic Resources for Food and Agriculture, Appropriating Funds Therefor and For Other Purposes

2. Domestic Laws Relevant To the ITPGRFA: • 1987 Constitution (the right to food, full control and supervision of state over wildlife, flora and fauna and other natural resources ) • Convention on Biological Diversity (Oct. 8, 1993) • Executive Order 247 (May 18, 1995) • RA 9147 “Wildlife Resources Conservation and Protection Act” July 30, 2001 • DENR-DA-PCSD-NCIP AO No. 1 s 2004 • DENR-DA-PCSD-NCIP AO No. 1 2. 2005

3. Chapter 1: Policy of State Sec.1. “..Promote an integrated approach to the collection, characterization, protection and sustainable use of PGRFA to recognize the enormous contribution of local and indigenous communities and farmers in the conservation and development of such resources” • Survey, inventory and establish a database of PGRFA, taking into account the status and degrees of variation in existing populations, including those that are of potential use and, as feasible, assess any threats to them • Conserve, protect and encourage the sustainable use of PGRFA and their habitats • Promote the collection of PGRFA and relevant associated information on PGR that are under threat or are of potential use • Promote and support farmers’ and local and indigenous communities’ efforts to manage, and conserve on-farm their PGRFA so that they can continue to be stewards and innovators of agro-biodiversity • promote in situ conservation of all crops, including wild relatives and wild plants for food production, and those in protected areas, by supporting, among others, the efforts of local and indigenous communities • Promote ex situ conservation and development and transfer of appropriate technologies • Monitor maintenance of the variability, degree of variation and genetic integrity of collections of PGRFA; research and development program, including on-farm and farmer research

4. Sec. 2. Sustainable Use • Pursue fair agricultural policies that promote diverse farming systems that enhance the sustainable use of agro-biodiversity and other natural resources • Strengthen research, including participatory research, enhancing and conserving biological diversity of maximizing intra- and inter-specific variation for the benefit of farmers, especially those who generate and use their own varieties and apply ecological principles in maintaining soil fertility and combating diseases, weeds, and pests • Promoting plant breeding efforts, including participatory plant breeding,.. • Broadening the genetic base of crops and increasing the range of genetic diversity available to farmers for breeding and production purposes • Promoting the expanded use of locally adapted crops, varieties and underutilized species • Supporting the wider use of diversity of varieties and species in on farm management, conservation and sustainable use of crops.. • Reviewing and adjusting breeding strategies and regulations concerning variety release and distribution for the conservation and sustainable use of PGRFA and towards enhancing efforts to mainstream participatory plant breeding. Public research institutions shall release genetic materials to small farmers for purposes of participatory research.

5. Sec.3. Scope of Application • Applies to all plant genetic resources for food and agriculture found in the country, including protected areas and critical habitats • Also applies to traditional knowledge associated with PGRFA within the scope of the CBD and to the benefits arising from the utilization of such knowledge • Shall not apply to ex-situ collections of PGRFA which are held in trust by the International Agricultural Research Centers (IARCs) of the CGIAR and other international institutions, provided that such research centers have executed agreements with the ITPGRFA Governing Board with regard to their in situ collections in accordance with the terms and conditions provided in the Treaty

6. Chapter III. Institutional Framework For Conservation and Protection of PGRFA • Section 5. National Competent Authority and Focal Point-Department of Agriculture • Encourage, monitor compliance of government agencies, public research institutions, and GOCCS • Establish a registry of information • Serves as a clearing house for purposes of communicating with UN FAO on all matters relating to the Treaty, including but not limited to the notification of collections for inclusion into the MLS

7. Sec 6. Access to PGRFA • Except as provided for in Sec 11 of this Order, access to PGRFA for food and agriculture found anywhere in the Philippines, shall be allowed only upon compliance with relevant bioprospecting laws and regulations, which require, inter alia, prior informed consent (RA 8371, RA 7586) • Section 7 Cooperation with International Organizations

8. . Chapter IV. Farmers’ Rights • Section 8. Farmers Rights • protection of traditional knowledge and indigenous knowledge systems in relation to PGRFA against misappropriation or extinction; support local seed systems, including farmer bred or discovered and developed varieties and traditional varieties • the right to equitably participate in sharing benefits arising from the utilization of PGRFA • the right to be informed and participate in making decisions, at the national level, on matters related to the conservation and sustainable use of PGRFA • Right to save, use, exchange, improve and sell farm-saved seeds or propagating material • Section 9. Technology Transfer and Development • Section 10. Local Access to Genetic Material – community seed networks, community seed banks, government research and extension institutions

9. Chapter V – Multilateral System of Access and Benefit-sharing (MLS) • Crops in the MLS: • Included in annex 1 of the ITPGRFA • Found in the Country • Under the management and control of any government agency, whether national or local or any GOCC • In the public domain • Have been notified by the DA to the ITPGRFA for inclusions in Annex 1 of the Treaty

10. Section 12. Facilitated Access • Any person who is: (i) a national of the Philippines; or a (ii) a national of another country which is a Contracting Party of the Treaty and which grants the same privileges to a Filipino citizens, upon signing of a Standard Material Transfer Agreement or with the DA for PGRFA in in situ conditions and are in the public domain

11. ITPGR Annex 1

12. ITPGR Annex 1

13. ITPGR Annex 1

14. ITPGR Annex 1

15. ITPGR Annex 1 LEGUME FORAGES Astragalus chinensis, cicer, arenarius Canavalia ensiformis Coronilla varia Hedysarum coronarium Lathyrus cicera, ciliolatus, hirsutus, ochrus, odoratus, sativus Lespedeza cuneata, striata, stipulacea Lotus corniculatus, subbiflorus, uliginosus Lupinus albus, angustifolius, luteus

16. ITPGR Annex 1 LEGUME FORAGES Medicago arborea, falcata, sativa, scutellata, rigidula, truncatula Melilotus albus, officinalis Onobrychis viciifolia Ornithopus sativus Prosopis affinis, alba, chilensis, nigra, pallida Pueraria phaseoloides Trifolium alexandrinum, alpestre, ambiguum, angustifolium, arvense, agrocicerum,hybridum, incarnatum, pratense, repens, resupinatum, rueppellianum,semipilosum, subterraneum, vesiculosum

17. ITPGR Annex 1 GRASS FORAGES Andropogon gayanus Agropyron cristatum, desertorum Agrostis stolonifera, tenuis Alopecurus pratensis Arrhenatherum elatius Dactylis glomerata Festuca arundinacea, gigantea, heterophylla, ovina, pratensis, rubra Lolium hybridum, multiflorum, perenne, rigidum, temulentum

18. ITPGR Annex 1 GRASS FORAGES Phalaris aquatica, arundinacea Phleum pratense Poa alpina, annua, pratensis Tripsacum laxum OTHER FORAGES Atriplex halimus, nummularia Salsola vermiculata

19. Chapter VI: Non-facilitated Access, Disclosures and Benefits-Sharing • Section 13. Facilitated Access. The transfer of : (i) genetic materials of MLS crops to nationals of non-Parties to the Treaty; (ii) genetic materials of MLS crops to nationals of Parties which do not grant privileges to citizens of the Philippines; and (iii) genetic materials of MLS crops for the purpose other than utilization and conservation for research, breeding and training for food and agriculture or (iv) genetic materials of any crops what is not part of the MLS shall be allowed upon compliance with the requirements of RA 9147

20. Section 14. Disclosure of Country of Origin • Any applicant for PVP or for product development or marketing shall disclose in his application the country of origin of any PGRFA or its genetic parts or components, including isolated and purified deoxyribonucleic acid molecules for which a function has been defined, which is the subject of his application • Section 15. Prohibition Against Patenting • No patent shall be granted to any PGRFA, including its genetic parts or components • Section 16. Benefit-sharing Fund

21. Chapter VII. Violations and Penalties • Section 17. Unreasonable Refusal to Allow Facilitated access • Section 18. Unauthorized Collection and Transport of MLS Crops • Section 19. Unauthorized Collection and Transport of Non-MLS Crops