US embassy cable - 05QUITO2577

UNCLAS SECTION 01 OF 02 QUITO 002577 
 
SIPDIS 
 
DEPT PASS TO EB/TPP/ABT AND EB/TPP/IPE 
DEPT PASS TO USTR 
 
E.O. 12958: N/A 
TAGS: SENV, ECON, ETRD, KIPR, PGOV, PREL, EC 
SUBJECT:  GOE REQUESTS GENETIC RESOURCES CONTRACT FROM 
RESEARCHER 
 
 
1. Summary.  The GOE has denied an American research company 
the right to publish data drawn from research on the 
biodiversity of microbial communities in the Galapagos 
Islands.  The Ministry of Environment (MOE) determined that 
Venter Institute, which had obtained official permission to 
enter Ecuadorian territorial waters to conduct the research, 
must comply with a number of requirements prior to 
publishing.  Foremost among these is the signing of a 
genetic resource access contract that conforms to an Andean 
Community (CAN) resolution governing the transfer of genetic 
material.  Of the over 30 American vessels conducting 
research in the Galapagos in the past 5 years, this is the 
first one that has faced such demands from the GOE prior to 
publishing.  End Summary. 
 
REQUEST AND DENIAL 
------------------ 
 
2.  The GOE has required Venter Institute to enter into a 
genetic resource access contract prior to publishing data 
collected in the Galapagos Islands in 2004.  Venter 
requested the permission to publish in an August 30, 2005 
letter to the MOE.  The research project, the purpose of 
which was to evaluate the biodiversity of microbial 
communities, had received GOE permission to enter Ecuadorian 
territorial waters and conduct research.  The MOE's October 
25 response, signed by Minister Alban, indicated that Venter 
must complete a number of requirements prior to the granting 
of permission. 
 
3.  This is essentially the third set of rules within which 
Venter has had to work.  Prior to their arrival in February 
2004, Venter obtained through the MFA all appropriate 
approvals necessary to conduct their research.  Then, once 
in the Galapagos, their research vessel was not allowed to 
leave with their samples until Venter signed a Memorandum of 
Understanding with the MOE.  This MOU was signed in March 
2004 and stipulated that the parties would neither pursue 
nor exercise intellectual property rights over the genomic 
data.  It also stipulated that Venter would have to request 
permission from the MOE prior to publishing.  The current 
letter from the MOE establishes yet another set of 
requirements by which Venter must abide. 
 
MOE REQUIREMENTS EXACTING AND TERRITORIAL 
----------------------------------------- 
 
4.  The main requirement is that Venter enter into a genetic 
resource access contract.  With respect to this contract, 
the MOE references Decision 391 and Resolution 415 of the 
Andean Community (CAN), signed on July 2, 1996 and July 22, 
1996, respectively.  The MOE's letter also indicates that 
the MOU was not the appropriate avenue through which to 
conduct their 2004 research (despite the fact that the MOU 
was imposed upon Venter by the MOE itself).  The MOE states 
that no further use of the research results can be made 
until Venter has signed the required contract.  Venter is 
unaware as yet what the content of the contract might be. 
 
5.  Beyond the genetic resource access contract, the MOE is 
requires that the entire trip report -- laboratory analyses, 
preliminary interpretations, and the genetic sequences of 
the collected samples -- be translated into Spanish.  In 
addition, they are requires that Venter present the findings 
to a technical group from the Galapagos National Park (GNP) 
and the MOE. 
 
6.  In the letter, the MOE also advised that Venter collect 
any copies of the trip report it might have distributed to 
other GOE institutions, specifically naming the MFA and the 
Navy's Oceanographic Institute.  This, despite the 
requirement by the GOE in authorizing the research to 
provide a copy of the report to the MFA.  Claming that these 
other institutions do not have the competency to handle 
genetic resource matters, the MOE noted that in the future 
the normal channel for disseminating genetic information 
within the GOE should be the MOE. 
 
UNCOMMON DEMANDS 
---------------- 
 
7.  We believe this is the first American research vessel 
that has confronted such demands from the GOE.  Normally, 
American research vessels have formally petitioned the GOE - 
- and in particular, the MFA -- for permission to enter 
Ecuadorian waters and conduct research.  As was the case 
with Venter's project, such access has been routinely 
approved by the MFA provided a final trip report is shared 
with the MFA.  Research institutes have never failed to 
provide the trip reports. 
 
8.  According to Venter, these sort of demands also are new 
to them.  Venter conducted research in 15 countries during 
their 2004 research trip.  Venter has received the right to 
publish from all of them.  Venter is reviewing the letter 
and deciding how to respond. 
 
COMMENT 
------- 
9.  This is the first practical application we have seen in 
Ecuador of the Andean Community legislation on biological 
diversity.  We intend to inform U.S. researchers requesting 
clearances via the Embassy of these requirements in the 
future in order to help them avoid unpleasant surprises.  It 
seems reasonable to expect that such requirements will have 
a chilling effect on potentially valuable research in mega- 
diverse Ecuador. 
 
JEWELL