MINISTRY OF ENVIRONMENT AND FORESTRY REPUBLIC OF INDONESIA UNOFFICIAL TRANSLATION

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1 MINISTRY OF ENVIRONMENT AND FORESTRY REPUBLIC OF INDONESIA UNOFFICIAL TRANSLATION DECREE OF THE MINISTER OF ENVIRONMENT AND FORESTRY NUMBER P.2/MENLHK/SETJEN/KUM.1/1/2018 CONCERNING ACCESS TO GENETIC RESOURCES OF WILD SPECIES AND BENEFIT-SHARING ON THEIR UTILIZATION. WITH THE GRACE OF GOD ALMIGHTY MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC INDONESIA Considering: a. that based on Act Number 11 of 2013 has been ratified on the accession of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising From Their Utilization to the Convention on Biological Diversity ; b. that in order to support the implementation of the Nagoya Protocol as referred to in letter a, it is necessary to regulate fair and balanced access and benefit sharing from the utilization of genetic resources of wild species; c. that based on the considerations referred to in letter a and letter b, it it is necessary to established a Decree of the Minister of Environment and Forestry concerning Access to Wild Species Genetic Resources and Benefit Sharing on Their Utilization. Recognizing: 1. Act Number 5 of 1990 concerning Conservation of Living Resources and their Ecosystems (State Gazette of the Republic of Indonesia No. 49 of

2 1990, Supplement to the State Gazette of the Republic of Indonesia No. 3419); 2. Act Number 5 of 1994 concerning the Ratification of the United Nations Convention on Biological Diversity (State Gazette of the Republic of Indonesia No. 41 of 1994, Supplement to the State Gazette of the Republic of Indonesia No ) ; 3. Act Number 41 of 1999 concerning Forestry (State Gazette of the Republic of Indonesia No. 167 of 1999, Supplement to the State Gazette No. 3888); as amended by Act Number 19 of 2004 concerning the enactment of a Government Regulation in lieu of Act 1 of 2004 on the amendment of Act Number 41 of 1999 concerning Forestry into Act (State Gazette No. 86 of 2004, Supplement to the State Gazette of the Republic of Indonesia No. 4412); 4. Act Number 4 of 2006 concerning Ratification of the International Treaty On Plant Genetic Resources for Food and Agriculture (State Gazette of the Republic of Indonesia No. 23 of 2006, Supplement to the State Gazette of the Republic of Indonesia No. 4612); 5. Act Number 32 of 2009 concerning Protection and Management of the Environment (State Gazette of the Republic of Indonesia Number 140 of 2009, Supplement to State Gazette of the Republic of Indonesia No. 5059); 6. Act Number 11 of 2013 concerning Ratification of the Nagoya Protocol on Acess to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising From Their Utilization to the Convention on Biological Diversity (State Gazette of the Republic of Indonesia No 73 of 2013, Supplement to the State Gazette of the Republic of Indonesia No. 5412); 7. Government Regulation Number 7 of 1999 concerning Preservation of Plants and Animals Species (State Gazette of the Republic of Indonesia No. 14 of 1999, Supplement to the State Gazette of the Republic of Indonesia Number 3803); 8. Government Regulation Number 8 of 1999 concerning Utilization of Wild Plants and Animals Species (State Gazette of the Republic of Indonesia No. 15 of 1999) ;

3 9. Government Regulation No. 41 of 2006 concerning Permit to Conduct Research and Development Activities for Foreign Universities, Foreign Research and Development Institute, Foreign Enterprises and Foreigners ((State Gazette of the Republic of Indonesia No. 167 of 1999, Supplement to the State Gazette of the Republic of Indonesia No. 3888); 10. Government Regulation Number 28 of 2011 concerning the Management of Nature Reserves and Conservation Areas ((State Gazette of the Republic of Indonesia No 56 of 2011, Supplement to the State Gazette of the Republic of Indonesia No. 5217) as amended by Government Regulation no. 108 of 2015 concerning The Amendment to Government Regulation no. 28 of 2011 concerning the Management of Nature Reserves and Conservation Areas (State Gazette of the Republic of Indonesia No 330 of 2015, Supplement to the State Gazette of the Republic of Indonesia No No. 5798); 11. Decree of the President Number 7 of 2015 concerning Organization of State Ministries (State Gazette of the Republic of Indonesia No. 8 of 2015); 12. Decree of the President Number 16 of 2015 concerning Organization of the Ministry of Environment and Forestry (State Gazette of the Republic of Indonesia No. 17 of 2015); 13. Decree of the Minister of Environment and Forestry No. P.18 / MENLHK-II / 2015 concerning Organization and Working Procedures of the Ministry of Environment and Forests (State Gazette of the Republic of Indonesia Number 713 of 2015); Establishing : DECREE OF THE MINISTER OF ENVIRONMENT AND FORESTRY CONCERNING ACCESS TO GENETIC RESOURCES OF WILD SPECIES AND BENEFIT-SHARING ON THEIR UTILIZATION. CHAPTER I GENERAL PROVISION In this Decree the meaning of: Article 1

4 1. Genetic Resources hereinafter abbreviated as SDG are all genetic material and / or genetic information and / or chemical information of plants, animals, microorganisms, or other origin including its derivatives which contain functional units of heredity which has real and / or potential value; 2. Derivative is a natural biochemical compound resulting from genetic expression, or biological or genetic resource metabolism, although do not contain functional units of nature heredity (heredity); 3. Genetic material is material from plants, animals, or microorganisms which contain functional unit of heredity in the form of live or dead specimens, including parts and derivatives thereof; 4. Traditional Knowledge relating to Genetic Resources hereinafter referred to as PT-SDG is the knowledge, skill, innovation or individual or collective practice of customary and local community, related to genetic resources or derivatives of which have real and / or potential value; 5. Wild species are species of plants or animals or micro-organisms or other origin that still have purity, or still have wild nature both living in their natural habitat (in-situ), outside their natural habitat (ex-situ) as well as those kept by humans; 6. Access to Genetic Resources of Wild Species, hereinafter referred to as Access to SDG of wild species, is the activity of obtaining and / or carrying and / or utilizing genetic resources inside or outside their habitat within the territory of the Republic of Indonesia as a country of origin for scientific research activities, technological development, bioprospection, industrial applications or commercial exploitation; 7. Access to Traditional Knowledge relating to SDG of Wild Species hereinafter referred to as Access to PT-SDG of wildlife species is the activity of obtaining and / or utilizing information from traditional knowledge or practices within the territory of the Republic of Indonesia as a country of origin, for the purpose of,

5 among others, scientific research, technological development, bioprospecting, industrial applications or commercial exploitation; 8. Bioprospecting is an exploration, extraction and screening of biological nature resources for commercial use, either from genetic, species, and or biochemicals resources and their derivatives; 9. Prior Informed Consent, hereinafter referred to as PADIA (Prior Informed Consent / PIC) is the approval of SDG providers and / or PT-SDG Representative Authority upon the application of access to SDG and / or PT-SDG after considering all information on activities access of SDG and / or PT-SDG, which were previously notified by the access applicant; 10. Mutual Agreements or Mutually Agreed Terms is a written agreement containing terms and conditions that agreed between the SDG provider and the access applicant including the sharing of the profits; 11. Material Transfer Agreement is a transfer document of genetic material between providers and users of genetic resources before carrying or transporting genetic resources; 12. National Competent Authority shall be the institution authorized to grant access permits, determination of access procedure policies, and the requirements in the PADIA as well as mutual agreements; 13. National Focal Point is an official appointed as a liaison between the parties and the Secretariat of the Convention on Biological Diversity; 14. Minister is the Minister who conducts government affairs in the field of Environment and Forestry; 15. Director General is the Director General who is assigned tasks and responsible in the field of Natural Resources and Ecosystem Conservation; 16. Technical Implementation Unit is a technical implementation unit under the Directorate General of Natural Resources Conservation and Ecosystem;

6 Article 2 This Decree is arranged as a reference for: a. Applicant on utilization access to SDG and / or PT-SDG related to wild species; b. Wild species SDG and/or PT-SDG provider, in providing PADIA and arranging mutual agreements on fair and equitable of benefit sharing on the utilization of SDG and / or PT-SDG in related with wild species ; and c. Competent National Authority in granting permit to the access of the SDG of wild species. Article 3 The Scope of the Decree includes: a. access to SDG and / or PT-SDG of Wild Species; b. material transfer; c. Institutional ; d. supervision and monitoring; and e. sanction. CHAPTER II ACCESS TO SDG AND PT-SDG OF WILD SPECIES Part One General Article 4 (1) Access to SDG of wild species as referred to in Article 3 letter a is an activity of obtaining and / or carrying and / or utilizing the wild species genetic resources for non commercial or commercial activities.

7 (2) Access to PT-SDG of wild species as referred to in Article 3 letter a is an activity to obtain and / or utilize information from traditional knowledge or practices relating to wild species both individually and collectively from customary community and / or local community for non commercial or commercial activities. (3) Non-commercial activities as referred to in paragraph (1) and paragraph (2), shall include: a. research of taxonomy, identification and distribution of the species ; b. research for the conservation of wild species; and c. forensic research to prove crimes related to wildlife. (4) Commercial activities as referred to in paragraph (2) shall include: a. bioprospecting; b. technology development; and c. other activities to gain financial benefits. Article 5 (1) Access to SDG and / or PT-SDG of wild species as referred to in Article 4 shall be made by the applicant of access to obtain SDG and / or PT-SDG owned or represented by the provider. (2) Provider as referred to in paragraph (1) shall be an entity that providing PADIA and Mutual Agreement Article 6 (1) The applicant of access as referred to in Article 5 paragraph (1) shall consist of: a. government institution; b. university; c. institution or organization having legal entity; or d. an individual affiliated with institution having legal entity. (2) Applicant of access as referred to in paragraph (1), may come from domestic or foreign party

8 Article 7 (1) Foreign party as referred to in Article 6 paragraph (2), that applying for access to SDG and / or PT-SDG of wild species, shall cooperate with an institution/ organization that having Indonesian legal entity. (2) Foreign party as referred to in Article 6 paragraph (2), which performs the access activities of SDG and / or PT-SDG of wild species shall be accompanied by the local Technical Implementation Unit officer. Article 8 (1) Providers as referred to in Article 5 paragraph (2) shall consist of: a. owner of SDG of wild species; and b. representative of SDG and / or PT-SDG of wild species. (2) The owner of SDG of wild species as referred to in paragraph (1) letter a, consists of: a. country; b. research and development institutions; c. individual or legal entity; or d. community or university group; (3) Representative of SDG and / or PT-SDG of wild species as referred to in paragraph (1) letter b shall consist of: a. government institution or institution / organizations having legal entities that authorized to kept, utilize, transfer the SDG of wild species belonging to the state; b. University or research and development institution; or c. Government institution, legal entities or individuals designated by customary community or local community s to represent negotiations in access activity of the SDG and / or PT-SDG of wild species.

9 (4) In the absence of a legal entity or individual as referred to in paragraph (3) letter c, acting as a representative is a government institution appointed by the Director General. Part Two Procedure for Obtaining Access Permit on SDG and / or PT-SDG of Wild Species For Non-commercial Activity Article 9 (1) Procedure for obtaining access permits on SDG and / or PT- SDG of wild species for non-commercial activities as referred to in Article 4 paragraph (1) and paragraph (2), as follows: a. Application submitted to: 1. Director General as an Competent National Authority with copies to the National Focal Point, for protected wild species for domestic and foreign applicants; 2. Director General as an Competent National Authority with copies to the National Focal Point, for unprotected wild species for foreign applicants; 3. Head of Technical Implementation Unit, for unprotected wild species for domestic applicants. b. The application referred to in letter a shall be completed with: 1. proposal ; 2. Research Permit (SIP) from the Ministry of Research, Technology and Higher Education for foreign applicants; and 3. PADIA and Mutual Agreement for the foreign applicant; 4. Recommendation from Indonesia Science Institute: a) to domestic applicants who will access protected wild species; or

10 b) to foreign applicants who will access protected and unprotected wild species; 5. pay fee in accordance with applicable laws and regulations. c. Director General may approve or refuse to grant permission, no later than 14 (fourteen) working days after the application and complete supporting documents are received; d. Head of Technical Implementation Unit may approve or refuse to grant permission, no later than 7 (seven) working days after the application and complete supporting documents are received. (2) PADIA as referred to in paragraph (1) letter b, number 3 shall at least contain: a. identity of the applicant; b. identity of provider ; c. the purpose of the utilizing of SDG and / or PT-SDG of wild species to be accessed; d. information on SDG and / or PT-SDG of wild species to be accessed; e. time period of access activity; f. mediator in the provision of PADIA if any; and g. approval of the applicant and provider as evidenced by signatures. (3) Mutual Agreement as referred to in paragraph (1) letter b number 3 shall at least contain : a. aim of utilization; b. rights and obligations; c. time period; d. contract value; e. Intelectual property right (HAKI); f. non-financial and financial benefits sharing; g. provisions of material transfer; h. provisions on the use of third parties;

11 i. provisions of change of the aim; j. clause of dispute resolution; and k. Approval from applicant and provider as evidenced by signatures. Part Three Procedure for Obtaining Access Permit on SDG and / or PT-SDG of Wild Species For Commercial Activity Article 10 (1) Procedure for obtaining access permits on SDG and / or PT- SDG of wild species for commercial activities as referred to in Article 4 paragraph (1) and paragraph (2), as follows: a. Application shall be submitted to the Director General as a Competent National Authority with a copy to the National Focal Point, for protected and unprotected species, both for domestic and foreign applicants; b. The application referred to in letter a shall be completed with: 1) proposal; 2) Research Permit (SIP) from the Ministry of Research, Technology and Higher Education for foreign applicants; 3) PADIA and Mutual Agreement; 4) Recommendation from Indonesia Science Institute; and 5) pay fee in accordance with applicable laws and regulations; c. Director General may approve or refuse to grant permission, no later than 60 (sixty) working days after the application and complete supporting documents are received. (2) PADIA as referred to in paragraph (1) letter b, number 3 shall at least contains: a. identity of the applicant ; b. identity of provider ;

12 c. the aim of the utilizing of SDG and / or PT-SDG of wild species to be accessed; d. information on SDG and / or PT-SDG of wild species to be accessed; e. time period of access activity; f. mediator in the provision of PADIA if any; and g. approval of the applicant and provider as evidenced by signatures. (3) Mutual Agreement as referred to in paragraph (1) letter b number 3 shall at least contain : a. aim of utilization; b. rights and obligations; c. time period; d. contract value; e. Intelectual property right (HAKI); f. non-financial and financial benefits sharing; g. provisions of material transfer; h. provisions on the use of third parties; i. provisions of change of aim; j. clause of dispute resolution; and k. Approval from applicants and providers as evidenced by signatures. Article 11 (1) Format of PADIA for access of SDG and / or PT-SDG of wild species as referred to in Article 9 and Article 10, as listed in Annex I of the regulation which is an integral part of this Decree. (2) Format of Mutual Agreement as referred to in Article 9 and Article 10, as listed in Annex II of the regulation which is an integral part of this Decree.

13 Part Four Benefit Sharing Article 12 (1) Benefit sharing referred to in Article 9 paragraph (3) and Article 10 paragraph (3) shall be in the form of: a. non financial; and b. financial (2) Non-financial benefit sharing as referred to in paragraph (1) letter a, among others: a. improvement / provision of research facilities of SDG; b. infrastructure development; c. sharing of research and development results including ownership of data; d. joint research and publication; e. participation in product development; f. cooperation in education and training; g. permission to enter SDG ex-situ facility; h. Permission to access the database; i. facilitation of the improvement of customary and local communities to preserve and utilize sustainable SDG; j. transfer of knowledge and technology; k. access to scientific information; and / or l. access to technology that developed from the utilization of SDG. (3) Financial benefit sharing as referred to in paragraph (1) letter b, among others: a. advance payment b. payment at an important stage; c. royalty payment; d. licensing fees in commercialization activities;

14 e. special fee to be deposited on a trust fund in order to support the conservation and sustainable use of biodiversity; f. salary / wages agreed with both parties; g. funding for research; h. joint ventures; i. joint ownership of relevant intellectual property rights. CHAPTER III MATERIAL TRANSFER Article 13 (1) Material Transfer as referred to in Article 3 letter b shall be made for genetic material to be taken abroad as outlined in the form of material transfer agreement document. (2) Material transfer agreement referred to in paragraph (1) shall be executed by the provider with the accessor and the recipient of the material to be transferred, by the approval of the Director- General or appointed official. (3) Material transfer referred to in paragraph (1) shall only be made to the material from the result of un-pure isolation of the field sample. (4) Procedure for the material transfer as referred to in paragraph (1) shall be conducted in accordance with the provisions of laws and regulations. CHAPTER IV INSTITUTIONAL Article 14 (1) Minister shall appoint the Director General to represent the State as the National Activity Leader for the Nagoya Protocol. (2) Minister shall appoint the Director General as referred to in paragraph (1) as the Competent National Authority in the field of forestry.

15 (3) Director General as referred to in paragraph (2) shall be responsible for issuing access permit which includes a permit to obtain and / or carry and / or utilize of SDG and/or PT-SDG of wild species. CAHPTER V SUPERVISION AND MONITORING Part 1 Supervision Article 15 (1) Supervision on access activities on SDG and / or PT-SDG of wild species, as referred to in Article 3 letter d, shall be made to aspects: a. administration; and b. technical utilization. (2) Supervision as referred to in paragraph (1), in its implementation is carried out by: a. Director General ; b. Head of Technical Implementation Unit under the Directorate General of KSDAE. (3) Supervision as referred to in paragraph (1) shall be done at least 1 (once) a year. Part Two Monitoring Article 16 (1) Monitoring on access activities on SDG and / or PT-SDG of wild species, shall be implemented in the case of: a. SDG access activities; b. amendment; c. obligation; and d. development of infrastructure and fasilities.

16 (2) Monitoring as referred to in paragraph (1), in its implementation is carried out by: a. Director General; b. Head of Local Technical Implementation Unit under the Directorate General of KSDAE. (3) Monitoring as referred to in paragraph (1) shall be done at least 1 (once) a year. Article 17 Further provisions regarding supervision and monitoring as referred to in Article 16 and 17 shall be conducted in accordance with the provisions of the law and regulation. CHAPTER VI SANCTIONS Article 18 (1) Sanction as referred to in Article 3 letter e imposed to the violation of PADIA and / or Access Permit and / or Material Transfer Agreement. (2) Sanction as referred to in paragraph (2) can be in the form of: a. written warning; b. government coercion and/or; c. permit cancellation. (3) Written warning as referred to in paragraph (1) letter a is given by the Director General for 3 (three) consecutive times with a period of 30 (thirty) working days each. (4) If the written warning as referred to in paragraph (2) is not obeyed for the third time, then sanctions shall be continued by government coercion. (5) Government coercion sanction as referred to in paragraph (4), covering: a. temporary suspension of activities; and / or b. confiscation.

17 (6) Confiscation referred to in paragraph (5) letter b shall be made to the material of SDG and / or PT-SDG of wild species which is accessed, derivative products produced and equipment used. CHAPTER VII TRANSITIONAL PROVISIONS Article 19 By time of this Ministerial Decree enter into force, Permit for Foreign Transport of Wild Plants and Animals (SATS-LN), already issued prior to the enactment of this Ministerial Decree, shall remain valid until the expiration of the date of SATS-LN. CHAPTER VIII CLOSING PROVISIONS Article 20 By time of this Ministerial Decree enter into force, the provisions of Article 34 of Decree of the Minister of Forestry No. 447 / Kpts-II / 2003 Concerning Administration Directive Of Harvest Or Capture And Distribution Of The Specimens Of Wild Plant And Animal Species is repealed and declared as not valid. Article 21 This decree shall enter into force on the date of establishment. For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia. Established in : Jakarta On the date of: MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA

18 SIGNED SITI NURBAYA Legalized in Jakarta on January,31st, 2018 DIRECTOR GENERAL LEGISLATION MINISTRY OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, SIGNED WIDODO EKATJAHJANA STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 212 of 2018 Copied in accordance with the original decree HEAD OF LEGAL BUREAU KRISNA RYA

19 ANNEX I DECREE OF THE MINISTER ENVIRONMENT AND FORESTRY NUMBER. P2/MENLHK/SETJEN/KUM.1/1/2018 CONCERNING ACCESS TO WILD SPECIES GENETIC RESOURCES AND BENEFIT SHARING ON THEIR UTILIZATION. PERSETUJUAN ATAS DASAR INFORMASI AWAL [PADIA] PRIOR INFORMED CONSENT Untuk AKSES TERHADAP SUMBER DAYA GENETIK For ACCES TO GENETIC RESOURCES No. Formulir Form Number : A. INFORMASI PIHAK PEMOHON SUMBER DAYA GENETIK INFORMATION OF THE APPLICANT FOR GENETIC RESOURCES I. IDENTITAS PEMOHON IDENTITY OF THE APPLICANT 1. Nama Name : 2. Tempat, Tgl.lahir Place, Date of Birth 3. KTP/SIM/ Identification card number / Driving Lisence 4. Alamat Address a. Jalan Street b. Kecamatan/ Kabupaten/ Kota Districts/ Cities c. Kode Pos Post code d. Negara Country 5. No.Telpon/Faximili Telp /Fax 6. :, : : : / II. SUMBER DAYA GENETIK YANG AKAN DIAKSES GENETIC RESOURCES TO BE ACCESSED FORM 1.1

20 Tujuan Pemanfaatan SDG yang akan diakses : The purpose of the utilization of genetic resources to be accessed : Komersial Commercial Non Komersial Non Commercial Diskripsi Description: Ruang Lingkup : Scope : 1. Jenis SDG yang akan diakses Accessed part(s) : a Jumlah Amount : 3. Waktu Pengambilan Retrieval time : 4. Metode Pengambilan Collecting methods : 5. Lokasi pengambilan Location : Anggaran yang disediakan untuk kegiatan akses : The budget provided for the access activity : b.... c.... III. MEDIATOR DALAM PEMBERIAN PADIA MEDIATOR IN GRANTING PRIOR INFORMED CONSENT 1. Mediator yang ditunjuk Appointed Mediator : 2. Wakil pemilik SDG yang akan : di akses Co owner of genetic resources to be accessed 3. Persetujuan yang diberikan Approval given : 4. Dasar kesepakatan untuk persetujuan Basic agreement for approval IV. PEMBAGIAN KEUNTUNGAN :

21 BENEFIT SHARING *) Silakan memilih sesuai dengan hasil kesepakatan. Pilihan boleh lebih dari satu. Apabila setuju isi dengan tanda ( ) *) Please choose according to the agreement. Options may be more than one selection. If you agree please fill in the mark ( ) **) According to Government Regulation Number 12 /2014 concerning Non Tax Revenues in Forestry, apllicant should pay: - Permit fee for entering the conservation area (SIMAKSI) - Permit fee for taking and transporting plant and wildlife samples (DG decree / Head of BKSDA /National Park decree) - Fare for collection and transporting non protected plant and wildlife samples for research purpose (50 % of the reference price) Bentuk pembagian keuntungan The form of benefit sharing : Financial / Non-Financial Financial: Nilai ekonomi sumber daya genetik yang harus dibayarkan* Genetic resources economic value to be paid Keuntungan komersialisasi pengembangan sumber daya genetik* Profit commercialization of genetic resources development Kepemilikan bersama Hak Kekayaan Intelektual* Joint ownership of intellectual property rights Lainnya. (jelaskan dengan singkat) Others. (Describe briefly).. Non Financial: 1. Peningkatan kapasitas Increased capacity Peningkatan/pemberian fasilitas penelitian sumber daya genetik Improvement / provision of research facilities of genetic resources Pembangunan infrastruktur Infrastructure development Pembagian hasil penelitian dan pengembangan Sharing the results of research and development Publikasi bersama Joint publication Peran serta dalam pengembangan produk Participation in the development of products Kolaborasi, kerjasama dan sumbangan dalam pendidikan dan pelatihan Collaboration, cooperation and contribution in education and training Izin memasuki fasilitas ex-situ sumber-sumber daya genetik

22 Permit to enter ex situ facility of genetic resources Fasilitasi peningkatan kemampuan masyarakat hukum adat dan masyarakat lokal untuk melestarikan dan memanfaatkan sumber daya genetik secara berkelanjutan Facilitating community capacity building of customary and local communities to conserve and utilize genetic resources in a sustainable manner Hubungan kelembagaan dan profesional yang timbul dari perjanjian akses dan pembagian keuntungan yang adil dan seimbang dan kegiatan kolaboratif yang akan dikembangkan Institutional and professional relationships as the result of access and fair benefit sharing agreement, and also collaboration(s) to be developed later. Keuntungan keamanan pangan dan penghidupan Advantages of food security and livelihoods Pengakuan sosial social acknowledgment Lainnya. (jelaskan dengan singkat) Others. (Describe briefly). 2. Pemanfaatan teknologi hasil pengembangan Utilization of technology from the results of development Alih pengetahuan dan alih teknologi

23 Transfer of knowledge and technology Akses terhadap informasi ilmiah Access to scientific information Akses terhadap teknologi yang dikembangkan dari pemanfaatan sumber daya genetik Access to developed technology from the utilization of genetic resources Lainnya. (jelaskan dengan singkat) Others. (Describe briefly). B. INFORMASI DARI PIHAK PENYEDIA SUMBER DAYA GENETIK INFORMATION FROM THE PROVIDER OF GENETIC RESOURCES IDENTITAS ORANG/KELOMPOK UNTUK MENYETUJUI SUMBER DAYA GENETIK YANG DIAKSES IDENTITY OF THE PERSON / GROUP AGREE TO ACCESS GENETIC RESOURCES Data orang/kelompok data of people / groups 1. Nama Name 2. KTP/SIM Identification card number/driving License : 3. Alamat Address : 4. No.Telpon/Faximili Telp number / Fax. : /

24 5. Otoritas/kewenangan Authority 6. Pemberi kewenangan/otoritas Authority : 7. Tanggal Pengesahan Date of endorsement : 8. Batas waktu pengesahan The deadline for endorsement : 9. Pembatalan otoritas Cancellation of authority : Pemohon Akses Applicant Penyedia Provider Ttd signature Ttd Signature Nama Lengkap Full Name Nama Lengkap Full Name Copied in accordance with the original decree HEAD OF LEGAL BUREAU MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA SIGNED KRISNA RYA SITI NURBAYA

25 ANNEX II DECREE OF THE MINISTER ENVIRONMENT AND FORESTRY NUMBER. P2/MENLHK/SETJEN/KUM.1/1/2018 CONCERNING ACCESS TO WILD SPECIES GENETIC RESOURCES AND BENEFIT SHARING ON THEIR UTILIZATION. MUTUAL AGREEMENT BETWEEN [PROVIDER] and [APPLICANT] CONCERNING [AIM] [NUMBER] This mutual agreement is made on [Day] [date][year], [location at] by the undersigned parties: I. Name : Occupation/position : Address : NPWP : In this case acting for and behalf of [provider/person/company] [company description/certificate etc] referred to as [PROVIDER PARTY]. II. Name : Occupation/position : Address : NPWP : In this case acting for and on behalf of [the applicant], hereinafter is referred as [APPLICANT PARTY]. The PROVIDER PARTY and APPLICANT PARTY are referred to as PARTIES agreeing to sign and implement the Mutual Agreement on the utilization of genetic resources under the following conditions [subject to be discussed] Article 1 AIM

26 [subject to be discussed] Article 2 RIGHTS AND OBLIGATIONS 1. RIGHTS of Provider 2. RIGHTS of Applicant 3. OBLIGATION of Provider 4. OBLIGATION of Applicant [subject to be discuss] 1. Part(s) 2. Amount 3. Filial Article 3 USE OF GENETIC RESOURCES Article 4 PERIOD OF TIME [subject to be discussed] The APPLICANT is obliged to implement and submit to the PROVIDER of the utilization of SDG within the period of time [from] [date] since the signing of the mutual agreement up to [date-month-year] [subject to be discussed] [subject to be discussed] Article 5 VALUE OF THE CONTRACT Article 6 INTELECTUAL PROPERTY RIGHT [subject to be discussed] 1. Criminal Law 2. Civil Law Article 7 CHOICE OF LAW Article 8 BENEFIT SHARING [subject to be discussed] 1. Monetary/Non-monetary 2. Payment Method a. For the payment of operational costs borne by the parties [subject to be discussed] [subject to be discuss]ed Article 9 MATERIAL TRANSFER AGREEMENT Article 10 USE OF THIRD PARTY

27 Article 11 PROVISION ON THE CHANGE OF THE AIM [subject to be discussed] Other matters relating to this mutual agreement and not yet provided for in the articles of this mutual agreement,and resulted in a change of aims on the use of the objectives will be further determined by both parties in deliberation and consensus and set forth in mutual agreement / addendum, and an integral part of this mutual agreement. Article 12 OTHER PROVISIONS [subject to be discussed] Matters relating to technical implementation of this Mutual Agreement shall be further stipulated by the Parties in their own execution which regulates the details of the work, work mechanism, etc. that are deemed necessary and as an integral part of this Mutual Agreement. Article 13 CLOSING [subject tobe discussed] 1. This mutual agreement shall be declared valid and binding on both parties and shall come into force upon signature by both parties 2. This mutual agreement be made of 2 (two) copies each having sufficient stamp and have the same legal provision. PROVIDER APPLICANT Copied in accordance with the original decree HEAD OF LEGAL BUREAU MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA SIGNED KRISNA RYA SITI NURBAYA

28 ANNEX III DECREE OF THE MINISTER ENVIRONMENT AND FORESTRY NUMBER. P2/MENLHK/SETJEN/KUM.1/1/2018 CONCERNING ACCESS TO WILD SPECIES GENETIC RESOURCES AND BENEFIT SHARING ON THEIR UTILIZATION. BIOLOGICAL MATERIAL TRANSFER AGREEMENT Provider Scientist: (hereinafter referred to as the First Party) Provider Address:.. Recipient Scientist:. (hereinafter referred to as the Second Party) Recipient Organization :. Recipient Address: Regarding Biological Material identified as: Biological Material to be used for: In response to second PARTY s request for the above identified Biological Material from, the SECOND PARTY agrees to the following terms in consideration of receipt of the Biological Material: 1. The above Biological Material is a property of. as the state university on behalf the origin country of the research material and is made available as a service to the Second Party. Biological Material shall mean the above-referenced biological material plus progeny, unmodified derivatives, and any accompanying know-how or data. 2. The Biological Material and its modified derivatives, genetic parts or components will not be further distributed to others whether affiliated or not affiliated with the Second PARTY s laboratory without inform and permission of... reserves

29 the right to make the Biological Material available to others, if profit and scientific purposes are intended. 3. It is understood that no right to any license of the Biological Material is given or implied by this Agreement.. s name will be used for no endorsements. 4. The Biological material will be used for research only within the PARTIES s joint project on.. 5. Any transfer of materials to the first party should be conducted in an agreement that PhD Student (..) or counterpart of research assistant from.. shall be involved actively in analysis and drafting the publication. 6. The final report of the result will be sent to the library of the Faculty. And Biology Research Center of LIPI as the national reference collection on Biodiversity. 7. Any publication resulted from the analysis shall be as joint publication between both parties with the authorship is according to the appropriate share on the publication. The proposed party shall inform the other party for any publication to draft publication jointly. 8. If the SECOND PARTY or RECIPIENT ORGANIZATION wishes to patent or commercialize the Biological Material or modifications, they will contact.., should be agreed and arranged by both parties in separate agreement prior to such use. Ownership will be negotiated in good faith by the parties here depending upon : a) The ownership of the biological material will be recognizes contributor on patent process; b) Relative contribution to the creation of said modifications and derivatives, and c) Any applicable laws and regulations relating to invention. 9. The biological Material is experimental in nature and it is provided without any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. The first party and the authorized representative form the recipient organization will sign three copies to indicate acceptance of the above terms. Three original signed document should be returned to provider scientist for signature and routing to regulatory compliance.. PROVIDER SCIENTIST: Dr Date:, 20.. Signature: PROVIDER ORGANIZATION S AUTHORIZED OFFICIAL: Dr. Dean of Faculty Date :. RECIPIENT SCIENTIST REPRESENTATIVE: Dr. Date: Signature: Signature:

30 RECIPIENT ORGANIZATION s AUTHORIZED OFFICIAL: Dr. Director of.. Date:, 20,.. Signature: Copied in accordance with the original decree HEAD OF LEGAL BUREAU MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA SIGNED KRISNA RYA SITI NURBAYA