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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
c. Verify and validate the community resolution, the declaration, and other pertinent data/information;
d. Get a copy and validate the Community EPR plan.
e. Verify and validate the capability of the community to undertake the activity which is the object of their
EPR or their capacity to engage a qualified partner.
Section 52. Engaging a partner. Should the community,
during the process of validation, inform the Validating
Team that it does not have the financial or technical
capability or capacity to undertake the activity relative to
which they declared EPR and desires to engage a specific
kind of partner, the Validating Team shall advise and assist
the community make a declaration to that effect, through
the elders duly authorized in the community resolution and
who filed the previous declaration. After such declaration
is made, following the principles of FPIC, a community
assembly must be held, at no expense to NCIP except for
personnel services, at which time the following matters
shall be taken up and acted upon:
1. Personality of the proposed partner who shall be a non-member of the community or a juridical person
whose incorporators are non-members or a mixture of members and non-members, validly organized and
existing under Philippine laws;
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2. Financial and technical capability, as well as track record of the proposed partner;
3. Proposed terms and conditions of the proposed partnership which must include, among others: (a) the
duties and obligations of the parties; (b) the determination, sharing, and release of benefits; the period of
partnership; prohibited acts; and Conflict/Dispute resolution;
4. Sharing of expert opinions by persons invited by the community;
5. Open Forum;
6. Consensus-building period which must include a reasonable time frame of activities for such, the manner
by which it will be done ,and the date when the decision of the community will be made known to the
Validating Team, by the authorized elders; and
7. Other matters that the community may deem necessary.
The community may decide to accept or reject the proposed partner. If rejected, other persons may be
considered, if any. If accepted, the appropriate MOA shall be drafted.
Section 53. Memorandum of Agreement (MOA) on Partnership. The MOA between the community and the
chosen partner shall be drafted and validated with the community in a validation assembly facilitated by the
Validating Team, at the expense of the proposed partner, to determine compliance with this Guidelines and
other pertinent laws, rules and regulations, and the terms and conditions agreed upon during the community
assembly.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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