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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 30. Dormant Certification Precondition. If no
activity is undertaken by the proponent within a year from
the approval/issuance of permit, the CP is considered
dormant and thus, upon the report of the Regional Director,
the Chairperson shall issue a show cause order directing
applicant/proponent why the CP should not be cancelled.
Failure of applicant to comply within a non-extendible
period of fifteen (15) working days from receipt of the
order, or to show justifiable reason, the CP shall be
cancelled by Resolution of the Commission, with notice to
the concerned regulatory agency, proponent, and the
ICCs/IPs.
PART V MEMORANDUM OF AGREEMENT
Section 31. Preparation of the Memorandum of Agreement
(MOA). When the consent of the concerned community is
obtained, the terms and conditions agreed upon shall be
embodied in a MOA to be executed between and among
the ICC/IPs, the applicant/proponent, the NCIP, and any
other party that may be necessarily involved.
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The MOA shall be prepared by the FPIC Team strictly in accordance with what has been agreed upon by the
parties, written in the language or dialect of the ICCs/IPs concerned, and thereafter translated into English
and/or Pilipino. The drafting shall be the primary obligation of the Legal Officer of the concerned provincial
office. In his/her absence the Regional Director shall designate the Legal Officer from another province to
assist the FPIC Team.
Section 32. Contents of MOA. The MOA shall include, but
shall not be limited to, the following:
a. Detailed benefit-sharing provisions in accordance with rules and regulations
[i.e. not less than 1% royalty under mining act];
b. Development projects based on the development priorities of the community;
c. Monitoring of the implementation MOA to be implemented by NCIP in partnership with LGUs and CSOs.
This undertaking shall be paid for by the company;
d. Mitigation and resettlement plans for potential risks ;
e. Redress mechanisms;
f. Clause on the non-transferability of the MOA;
g. Clause for renegotiation of the economic provisions;
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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