9/22/2018 Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) … Failure on the part of the applicant to pay the FBI/FPIC fee or comply with the requirements as agreed upon during the Pre-FBI/Pre-FPIC conference/s shall likewise result in suspension or cancellation as provided in the preceding paragraph. Section 12. Work and Financial Plan (WFP) for FBI/FPIC. The WFP shall be agreed upon by the applicant, the concerned ICCs/IP representatives, and NCIP during the Pre-FBI/Pre-FPIC Conference. It shall include, among others, the estimated cost of: (a) Food and snacks, lodging and transportation expenses of those who will be actually involved in the FBI process; (b) Documenting the FBI activities i.e. photo and/or video, cassette recording and development, reproduction of documents; and (c) Others as may be agreed by all the parties during the Pre-FBI/PreFPIC conference. The computation of expenses or costs must be based on rates applicable in the particular area where the FBI/FPIC is to be undertaken. No subsequent cash advance by the person authorized to do so in behalf of the Team shall be allowed unless the previous one is fully liquidated The FBI/FPIC Fee remitted or paid by the proponent or applicant shall be deposited in a Trust Account to be established for the purpose by the Regional Office. Cash advances and withdrawals therefrom, and the utilization and liquidation of such advances and withdrawals shall be in accordance with the appropriate memorandum circular to be issued by the Director of the Finance and Administration Office. Section 13. Commencement and Conduct of the FBI. The Team shall commence the FBI within ten (10) days from date of deposit/payment of the FBI fee and must be completed within ten (10) working days from actual commencement except when delayed by reason of fortuitous event or force majeure. The FBI Team shall submit its report in accordance with Section 9 of this Guidelines. Should it be apparent from the report that an AD shall be affected by the proposed project, the RD shall immediately mobilize the FPIC team, otherwise, a CNO shall be issued pursuant to Section 15 of this Guidelines. Section 14. Contents of the Field-Based Investigation Report. The FBI report must contain a narrative of what transpired during the ground or field investigation; findings and recommendations; and the pertinent attachments, in a standard pro forma form to be devised by ADO after consultation with field offices. The report shall be signed, under oath, by the team leader and members. http://www.wipo.int/wipolex/en/text.jsp?file_id=414691 7/37

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