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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
h. Whether the concerned ICCs/IPs shall require another FPIC to be conducted in case of merger,
reorganization, transfer of rights, acquisition by another entity, or joint venture;
i. List of responsibilities of the company and the affected community j. Inclusive dates/duration of agreement;
k. Other than what has already been granted by law, the benefits to be derived by the host ICC/IPs
indicating the type of benefits, specific target beneficiaries as to sector and number, the period covered, and
other pertinent information;
l. Detailed use of all funds to be received by the host ICC/IP communities,
ensuring that a portion of such funds shall be allocated for development projects, social services and/or
infrastructures in accordance with their development framework and the Guidelines on the Management of
Royalty Share and Other Benefits promulgated by the Commission En Banc;
m. Transparency mechanism on transfer and disbursement of funds;
n. Detailed measures to protect IP rights and value systems;
o. Detailed measures to conserve/protect any affected portion of the ancestral domain critical for
watersheds, mangroves, wildlife sanctuaries, forest cover, and the like;
p. Responsibilities of the applicant as well as the host IP community;
q. The monitoring and evaluation system of the MOA, to include submission of reports and creation of
monitoring teams;
r. Remedies and/or penalties for non-compliance or violation of the terms and
conditions which includes applicability of customary laws and imposition of sanction/s;
s. Deposit of cash or surety bond mentioned pursuant to Section 23 hereof;
t. Provision to render assistance in the event of calamities/disasters in the community;
u. Provision to undertake a new FPIC Process in case of mining activities, after the exploration stage;
v. Provision on the effects of dormant Certification Precondition;
w. Membership of proponent in organizations requiring ethical standards in a particular line of activity; and
x. Other requirements provided in this Guidelines.
Corporate Social Responsibility (CSR) or Social Development and Management Projects (SDMP) required
under existing laws shall not be considered as part of benefits enumerated above.
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Section 33. Signatories to the MOA. The signatories of the
MOA shall be:
a. Elders/leaders or their alternates who have been identified during the validation and authorized by the
community to sign;
b. For corporations, partnerships or single proprietorship entities, the authorized officers, representatives, or
partners per Board Resolution; and
c. The Chairperson shall sign the MOA in behalf of the NCIP as Third Party. For projects where the Regional
Director is authorized by this Guidelines to issue the corresponding certification precondition, the MOA shall
be signed by him/her in behalf of the NCIP as Third Party.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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