1. The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users 27 and 28 November 2006, Costa Rica Seizo Sumida

2. Japan Bioindustry Association A nonprofit organization dedicated to the promotion of bioscience, biotechnology and bioindustry in both Japan and the rest of the world. Created by the support of industry, academia and government in 1942. Only organization of its kind in Japan. Members : 240 major companies from many industrial sectors, 90 public institutes and 1,230 individuals from academia, industry and public sectors.

3. 1. Japan ratified the CBD in 1993. 2. Ministry of Economy, Trade and Industry (METI) is a National Competent Authority for ABS. 3. Japan Bioindutry Association (JBA) has been implementing CBD-related projects on behalf of METI, since 1993. Background

4. 4. Implementation of the Bonn Guidelines: JBA organized public seminars throughout Japan for industry users in 2002-2003. 5. Users Suggestions: the Bonn Guidelines are too general for users, & could be made more useful for practical purposes. 6. Need for Practicality: METI and JBA decided to develop ‘user-specific guidelines’ based on CBD and the Bonn Guidelines. Background, continued

5. Pragmatism: Providing ‘Practical Tools’ is as important as providing Principles. Lessons learned

6. METI-JBA’s Being disseminated since 1 April 2005 by public Seminars in Major Cities in Japan ‘Guidelines on ABS for Users in Japan’

7. Industry&Academia Target of the Guidelines

8. METI & JBA’s Additional Services for Users 1. 1. Information Service: CBD-related Laws & Regulation in Overseas Countries (http://mabs.jp/) 2. 2. Help Desk: To help users resolve their problems

9. Additional Services for Users, continued 3. Bilateral Workshops and Visits with Other Governments Information exchange: on the national policy, laws and regulatory system with potential partner countries Mutual understanding of respective national situations

10. The Principles of CBD and the Bonn Guidelines Dispute Resolution Country Providing GR Japan National Laws, Measures, etc Laws, Practices, etc Governmen t GR Providers & Relevant Parties Users of GR PIC Contract Conclusion PIC MAT Contract Execution Support by JBA & METI Structure of the Guidelines on ABS for Users in Japan

11. Gray Areas and Solutions

12. Gray Areas 1. General What is Genetic Resource?What is Genetic Resource? What is Traditional Knowledge?What is Traditional Knowledge? Who are Indigenous People?Who are Indigenous People? How to prove Country of Origin?How to prove Country of Origin? 2. Specific Unconventional use of CommoditiesUnconventional use of Commodities Microorganisms that grow on importedMicroorganisms that grow on importedmaterials OthersOthers

13. Solution The Japan’s Guidelines say: Follow the national laws and measures of the providing country under consideration.Follow the national laws and measures of the providing country under consideration. If ABS law is not in place in that country, develop agreement in light of CBD and the Bonn Guidelines, and have it authorized by its government.If ABS law is not in place in that country, develop agreement in light of CBD and the Bonn Guidelines, and have it authorized by its government.

14. Solution, continued Create a streamlined procedure by bilateral arrangement: For example, Use of ‘Commodity’ for unconventional purposesUse of ‘Commodity’ for unconventional purposes

15. Supply Chain of Commodities Source Country Companies (Food, Cosmetics, Perfume, etc) Export TradersSuppliers Government Intermediate Manufactures Specialized Wholesalers Import Traders Intermediate Traders

16. What would you suggest? Examples: Microorganisms that grow on importedMicroorganisms that grow on imported materials (e.g. sweet potato) Microorganisms in traditional fermented foodsMicroorganisms in traditional fermented foods Genetic samples that are brought in by an overseas client for custom analysisGenetic samples that are brought in by an overseas client for custom analysis

17. Future Direction Users of genetic resources tend to look for prompt clarification. However, consensus building on ‘definitions’ in a multi-lateral forum is a slow process. A practical approach may be to keep accumulating successfully arranged cases.