US embassy cable - 05COLOMBO1157

UNCLAS SECTION 01 OF 02 COLOMBO 001157 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAGR, EAID, SENV, TBIO, CE, ECONOMICS 
SUBJECT: NEGOTIATIONS ON ACCESS TO GENETIC RESOURCES AND BENEFIT 
SHARING 
 
REF: SECSTATE 269625 
 
Following are Sri Lanka's regulations governing access to 
genetic resources and benefit sharing as per reftel request. 
 
1. Legislation and regulation of research and collection of 
biological resources: 
 
Sri Lanka does not have a unified set of laws that cover all 
aspects of research and specimen collection on biological and 
genetic resources.  Several articles and provisions of 
legislation address research aspects including specimen 
collection of biological and genetic resources.  These include 
the following:  Fauna and Flora Protection Ordinance, Forest 
Ordinance, Fisheries and Aquatic Resources Act, National 
Heritage & Wilderness Act, National Aquatic Research Agency Act 
and Acts of all research institutes such as the Coconut Research 
Institute (CRI), the Tea Research Institute (TRI), the Rice 
Research & Development Institute (RRDI), and the Rubber Research 
Institute (RRI). 
 
Relevant institutions issue permits for all aspects related to 
research including collection of biological specimens.  This is 
carried out at national and state levels.  Research proposals 
must be submitted to the relevant institution, at which time the 
research committee of that institute will evaluate the proposal. 
In Sri Lanka, the Department of Forest and Department of 
Wildlife manage protected areas.  To conduct research activities 
and collect specimens in designated protected forests and 
wildlife parks, researchers (local or foreign) must obtain 
permits from these institutes. Research in fisheries and aquatic 
resources require prior approval from the Fisheries & Aquatic 
Resources Agency prior to collection of specimens. 
 
The following government agencies are responsible for issuing 
research/collection permits for their respective 
biological/genetic resources: 
- Wild Fauna and Flora:  Department of Wildlife 
Conservation(DWLC) 
- Domesticated Animals:  Department of Animal Production & 
Health (DAPH) 
- Forest products & biological resources of forest reserves: 
Department of Forest Conservation 
- Aquatic Resources:  Department of Fisheries & Aquatic 
Resources (with concurrent permission from DWLC) 
- Agricultural Crops:  Relevant Research Institute (CRI,TRI, 
RRDI, RRI) 
 
Terms and conditions addressing the concept of Mutually Agreed 
Terms (MAT) are formulated by respective research committees and 
agencies under the respective laws and included in research 
application guidelines. 
 
2. Movement of Biological Specimens 
 
In general, all exports of biological resources especially for 
research are regulated under the Customs Ordinance which provide 
provision to apply above mentioned Acts for such exports. 
Permits can be obtained from the above relevant authorities, 
unless specimens are not prohibited according to respective 
Acts.  The Plant Protection Act and Animal Disease Act have 
provisions on phyto- or zoo-sanitary requirements needed for 
movement of species and products. 
 
3. Laws and Procedures for Negotiating Mutually Agreed Terms for 
access to/use of Genetic Resources 
 
Collection and export of samples for research requires a 
memorandum of understanding with the custodial institute of the 
biological/genetic resource and local counterpart of the 
research institute.  Under present legislation MAT are done with 
the approval given by the relevant research institution. 
However, all these aspects have been incorporated into an Act, 
which is in draft form, on access to genetic resources and fair 
and equitable sharing of benefits.  Use of resources (commercial 
or non-commercial) will be evaluated prior to granting 
permission.  Terms & Conditions for in-country and non- 
commercial use is basic and uncomplicated, according to the 
Director of Biodiversity in the Ministry of Environment. 
 
4. Status of Material Transfer Agreements (MAT) and Prior 
Informed Consent (PIC) in Sri Lanka 
 
Presently, coordinating of relevant institutes for the 
development of MTA and PIC issues are handled by the 
biodiversity secretariat of the Ministry of Environment and 
Natural Resources on a case by case basis as requested by the 
national partner of the collaborative research.  Under the 
proposed Act on access to genetic resources and fair and 
equitable sharing of benefits, the biodiversity secretariat has 
been nominated as the coordinating institute. 
 
The respective local counterpart researcher negotiates specific 
contracts for providing access to genetic resources with the 
approving committee of the relevant government institute.  The 
biodiversity secretariat makes arrangements to sign MTA's 
between local research counterpart and respective government 
institute as PIC. 
 
National authorities responsible for receiving financial 
benefits arising from biological/genetic resources are 
identified in MTA according to the provisions of Acts on 
intellectual property rights in Sri Lanka. 
 
A code of ethics for research on biological diversity involving 
access to genetic resources has been published by the 
biodiversity secretariat of the Ministry of Environment and 
provides procedure to negotiate on MAT. 
LUNSTEAD