PROVISIONAL MEASURE NO. 2.186-16, OF August 23, 2001

Regulates the inciso II of § 1º and § 4º of the art. 225 of the Constitution, the arts. 1º, 8º, paragraph "j", 10, paragraph "c", 15 and 16, points 3 and 4 of the Convention on Biological Diversity, provides on access to genetic heritage, protection and access to associated traditional knowledge, distribution of benefits and access to technology and technology transfer for its conservation and use, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

CHAPTER I

OF THE GENERAL PROVISIONS

Art. 1º This Interim Measles has on the goods, rights and relative obligations:

I-to access the component of the existing genetic heritage in the national territory, on the continental shelf and in the exclusive economic zone for the purposes of scientific research, technological development or bioprospecting;

II-to access to the traditional knowledge associated with genetic heritage, relevant to the conservation of biological diversity, to the integrity of the country's genetic heritage and to the use of its components;

III-to the fair and eequitative allocation of the benefits derived from the component exploration of the genetic heritage and associated traditional knowledge; and

IV-to access to technology and technology transfer for the conservation and utilization of biological diversity.

§ 1º Access to the component of genetic heritage for scientific research purposes, technological development or bioprospection will be in the form of this Provisional Measure, without prejudice to the material or immaterial property rights that focus on the component of the accessed genetic heritage or on the site of its occurrence.

§ 2º Access to the component of the existing genetic heritage on the continental shelf will observe the provisions of Law No. 8,617 of January 4, 1993.

Art. 2º The access to the existing genetic heritage in the Country will only be done upon authorization by the Union and shall have its use, marketing and exploitation for any purposes subjected to the supervision, restrictions and distribution of benefits under the terms and conditions set out in this Provisional Measure and in its Regulation.

Art. 3º This Provisional Measure does not apply to human genetic heritage.

Art. 4º It is preserved the exchange and the component diffusion of the genetic heritage and associated traditional knowledge practiced with each other by Indigenous communities and local communities for their own benefit and based on customary practice.

Art. 5º It is vetoed the access to genetic heritage for harmful practices to the environment and human health and to the development of biological and chemical weapons.

Art. 6º At any time, existing consistent scientific evidence of danger of serious and irreversible harm to biological diversity, stemming from activities practiced in the form of this Interim Measentate, the Public Power, through the Board of Management of Genetic Heritage, provided for in art. 10, on the basis of criteria and technical advice, shall determine measures designed to prevent the damage, and may, including, sustain the activity, respected the competence of the organ responsible for the biosafeing of genetically modified organisms.

CHAPTER II

DAS DEFINITIONS

Art. 7º In addition to the concepts and the definitions set out in the Convention on Biological Diversity, it considers itself for the purposes of this Measure Provisional:

I-genetic heritage: information of genetic origin, contained in samples of the whole or part of plant, fungal, microbial or animal specimens in the form of molecules and substances from the metabolism of these living beings and from extracts obtained from these living or dead organisms, found under in situconditions, including domesticated, or kept in ex situcollections, provided that they collected under conditions in situ in the national territory, on the continental shelf or in the exclusive economic zone;

II-associated traditional knowledge: information or individual practice or collective of Indigenous community or local community, with real or potential value, associated with genetic heritage;

III-local community: human group, including remnants of quilombos communities, distinct by their cultural conditions, which organizes, traditionally, by successive generations and customs of its own, and which retains its social and economic institutions;

IV-access to genetic heritage: obtaining sample of component of genetic heritage for purposes of scientific research, technological development or bioprospecting, aiming at their industrial or other nature application;

V-access to the associated traditional knowledge: obtaining knowledge about knowledge or individual or collective practice, associated with the genetic heritage, Indigenous community or local community, for the purposes of scientific research, technological development or bioprospecting, targeting their industrial or other application nature;

VI-access to technology and technology transfer: action aimed at the access, development and transfer of technology for the conservation and utilization of biological diversity or technology developed from component sample of genetic heritage or associated traditional knowledge;

VII-bioprospecting: exploratory activity that aims to identify component of the genetic heritage and information on associated traditional knowledge, with commercial use potential;

VIII-threatened species of extinction: species with high risk of disappearance in the near future, thus recognized by the competent authority;

IX-domesticated species: the one in whose evolution process has influenced the human being to meet their needs;

X-Access and Shipping Authorization: document that allows, under specific conditions, the access to component sample of the genetic heritage and its shipment to the recipient institution and access to associated traditional knowledge;

XI-Special Authorization of Access and Shipping: document that allows, under specific conditions, the access to component sample of the genetic heritage and its shipment to the recipient institution and access to associated traditional knowledge, with a duration of up to Two years, renewable for equal periods;

XII-Material Transfer Term: instrument of accession to be firmed by the recipient institution prior to shipment of any component sample of the estate genetic, indicating, when it is the case, whether there was access to associated traditional knowledge;

XIII-Contract of Use of Genetic Heritage and of the Repartition of Benefits: multilateral legal instrument, which qualifies the parties, the object and the access and shipping conditions of component of the genetic heritage and associated traditional knowledge, as well as the conditions for apportionment apportionment;

XIV-condition ex Situ: component maintenance of component of genetic heritage outside of their natural habitat, in living or dead collections.

CHAPTER III

OF PROTECTION TO TRADITIONAL KNOWLEDGE ASSOCIATED

Art. 8º It is protected by this Provisional Measure the traditional knowledge of Indigenous communities and local communities, associated with genetic heritage, against the illicit use and exploitation and other actions aggrieved or unauthorised by the Management Board of which it treats art. 10, or by accredited institution.

§ 1º The State recognizes the right of Indigenous communities and local communities to decide on the use of their traditional knowledge associated with the genetic heritage of the Country, pursuant to this Provisional Measure and its Regulation.

§ 2º The traditional knowledge associated with the genetic heritage of which it treats this Provisional Measure integrates the Brazilian cultural heritage and may be object of enrollment, as it disposes the specific Management or Legislation Council.

§ 3º The protection heard by this Provisional Measure cannot be interpreted in such a way as to prevent preservation, use and development of traditional knowledge of Indigenous community or local community.

§ 4º The protection ora instituted will not affect, harm or limit rights regarding intellectual property.

Art. 9º To the Indigenous community and to the local community that create, develop, detain or retain traditional knowledge associated with genetic heritage, the right to:

I-ter indicated the origin of access to traditional knowledge in all publications, uses, holdings and disclosures;

II-prevent unauthorized third parties from:

a) use, carry out tests, research or exploitation, related to the associated traditional knowledge;

b) disclose, transmit or relay data or information that integrates or constitutes associated traditional knowledge;

III-perceive benefits by economic exploitation by third parties, directly or indirectly, of associated traditional knowledge, whose rights are of their entitlement, pursuant to this Interim Measure.

Single paragraph. For the purpose of this Provisional Measure, any traditional knowledge associated with genetic heritage may be of entitlement to the community, yet only an individual, member of that community, detains that knowledge.

CHAPTER IV

OF THE COMPETENCIES AND INSTITUTIONAL ASSIGNMENTS

Art. 10. It is created, within the framework of the Ministry of the Environment, the Board of Management of Genetic Heritage, of deliberative and normative character, composed of representatives of organs and entities of the Federal Public Administration who hold competence over the various actions of which it treats this Provisional Measure.

§ 1º The Management Board will be chaired by the representative of the Ministry of the Environment.

§ 2º The Management Board will have its composition and its functioning laid down in the regulation.

Art. 11. It is incumbent on the Board of Management:

I-coordinate the implementation of policies for the management of genetic heritage;

II-establish:

a) technical standards;

b) criteria for access and remittance authorizations;

c) guidelines for drafting the Genetic Heritage Utilization Contract and the Repartition of Benefits;

d) criteria for the creation of database for the record of information on associated traditional knowledge;

III-accompany, in articulation with federal bodies, or upon convenium with other institutions, the access and sample remittance activities of component of the genetic heritage and access to associated traditional knowledge;

IV-deliberation on:

a) access authorization and de component shipment of component of the genetic heritage, upon prior annuence of its holder;

b) authorization of access to associated traditional knowledge, upon prior annuence of its holder;

c) Special access and sample remittance of component of the genetic heritage component to the national, public or private institution, which exerts research and development activity in the biological and related areas, and to the national, public or private university, with a term of up to two years, renewable for equal periods, pursuant to the regulation;

d) special access permit for traditional knowledge associated with national, public or private institution, which carries out research and development activity in the biological and related areas, and to the national, public or private university, with a term of up to two years, renewable for equal periods, in the terms of the regulation;

e) accreditation of national public institution of research and development or of the federal public institution of management to authorize another national, public or private institution, which exercises research and development activity in the biological and related areas:

1. accessing sample of component of the genetic heritage and associated traditional knowledge;

2. to refer sample of component of genetic heritage to national, public or private institution, or to institution based abroad;

f) accreditation of national public institution to be faithful depositary of a component sample of the genetic heritage;

V-give annuence to the Genetic Heritage Utilization Contracts and the Repartition of Benefits as to the fulfillment of the requirements set out in this Interim Measuration and in its regulation;

VI-promoting debates and public consultations on the topics of which it treats this Provisional Measure;

VII-function as an upper instance of appeal in relation to the decision of accredited institution and the acts arising from the application of this Provisional Measure;

VIII-approve your internal regiment.

§ 1º Of the decisions of the Management Board will be appealed to the plenary, in the form of the regulation.

§ 2º The Board of Management will be able to organise itself in thematic chambers, to subsidize plenary decisions.

Art. 12. The component collection activity of the genetic heritage and access to associated traditional knowledge, which contributes to the advancement of knowledge and that is not associated with bioprospecting, when it involves the participation of legal person foreign, will be authorized by the body responsible for national scientific and technological research policy, observed the determinations of this Provisional Measure and the prevailing legislation.

Single paragraph. The authorization provided for in the caput of this article will observe the technical standards set by the Management Board, which will exercise supervision of these activities.

Art. 13. It is incumbent upon the President of the Management Board to, on behalf of the Union, Contract of Use of Genetic Heritage and Benefit Partition.

§ 1º Held the competence of which treats the caput of this article, the Chairman of the Board of Management will subdelegate to the holder of federal public institution of research and development or federal public institution of management the competency provided for in the caput of this article, as per its respective area of acting.

§ 2º When the institution provided for in § 1º above is a stakeholder in the contract, this will be signed by the President of the Management Board.

Art. 14. It will be up to the accredited institution that they treat the numbers 1 and 2 of the paragraph ' e of the inciso IV of the art. 11 of this Provisional Measure one or more of the following assignments, observed the guidelines of the Board of Management:

I-analyze application and issue, to third parties, authorization:

a) of access to component sample of the existing genetic heritage under in situ conditions in the national territory, on the continental shelf and in the exclusive economic zone, upon prior annuence of their holders;

b) of access the associated traditional knowledge, upon prior annuence of the area's holders;

c) of sample shipment of component of the genetic heritage to national, public or private institution, or to institution hosted abroad;

II-accompany, in articulation with federal bodies, or upon convenium with other institutions, the access and remittance activities of component of the genetic and access heritage component of associate traditional knowledge;

III-create and maintain:

a) enrollment of ex situcollections, as predicted in art. 18 of this Provisional Measure;

b) database for record of information obtained during the component sample collection of the genetic heritage;

c) database relative to the Authorizations of Access and Shipping, the Material Transfer Terms and the Genetic Heritage Utilization Contracts and the Repartition of Benefits, in the form of the regulation;

IV-release, periodically, list of the Access and Shipment Permits, of the Material Transfer Terms and of the Genetic Heritage Utilization Contracts and of the Benefits Breakdown;

V-follow up the implementation of the Transfer Terms of Material and of the Genetic Heritage Utilization Contracts and the Benefits of Benefits concerning the processes by it authorized.

§ 1º The accredited institution should, annually, by reporting, give full knowledge to the Board of Management on the activity carried out and re-pass copy of the databases to the executor unit provided for in the art. 15.

§ 2º The accredited institution, in the form of the art. 11, shall observe compliance with the provisions of this Provisional Measure, its Regulation and the decisions of the Management Board, under penalty of its describing, staying, still, subject to the application, in what couber, of the penalties provided for in the art. 30 and in the current legislation.

Art. 15. It is authorized to set up, within the framework of the Ministry of the Environment, of the executor unit that will exercise the function of executive secretary of the Management Board, of which it treats art. 10 of this Provisional Measure, with the following assignments, among others:

I-implement the deliberations of the Board of Management;

II-support the accredited institutions;

III-issue, according to deliberation of the Board of Management and in its name:

a) Access and Shipping Authorization;

b) Special Access and Shipping Authorization;

IV-follow-up, in conjunction with the remaining federal bodies, the access and remittance activities of component of the genetic heritage component and access to associated traditional knowledge;

V-accreditation, according to deliberation by the Board of Management and on its behalf, national public institution for research and development or federal public institution of management to authorize national, public or private institution:

a) to access component sample of the genetic heritage and associated traditional knowledge;

b) to send sample of component of the genetic heritage to national, public or private institution, or for institution based abroad, respected the requirements of the art. 19 of this Provisional Measure;

VI-accreditation, according to deliberation by the Board of Management and on its behalf, national public institution to be faithful depository of component sample of the genetic heritage;

VII-register the Genetic Heritage Utilization Contracts and the Benefits Breakdown, after the Management Board's annuence;

VIII-release list of facilitated exchange species constants of international agreements, including on food security, of which the Country is a signatory, in accordance with § 2º of the art. 19 of this Provisional Measure;

IX-create and maintain:

a) enrollment of ex situcollections, as predicted in art. 18;

b) database for record of information obtained during the component sample collection of the genetic heritage;

c) database relative to Access and Permit Authorizations Shipment, the Terms of Material Transfer and the Genetic Heritage Utilization and Benefits Utilization Contracts;

X-disclose, periodically, list of Access and Shipping Authorizations, of the Terms of Material Transfer and Utilization Contracts of Genetic Heritage and Benefits partition.

CHAPTER V

OF THE ACCESS AND THE SHIPMENT

Art. 16. Access to the existing genetic heritage component under in situ conditions on the national territory, on the continental shelf and in the exclusive economic zone, and to the associated traditional knowledge will be done by collecting sample and from information, respectively, and will only be authorized to the national, public or private institution, which carries out research and development activities in the biological and related areas, upon prior authorization, in the form of this Interim Measiness.

§ 1º The responsible for the collection expedition shall, at the end of its activities in each area accessed, sign with its holder or representative declaration containing listing of the material accessed, in the form of the regulation.

§ 2º Exceptionally, in cases where the area holder or his representative is not identified or located on the occasion of the collection expedition, the declaration containing listing of the accessable material should be signed by the dispatch officer and forwarded to the Management Board.

§ 3º representative Sub-sample of each population component of the accessory genetic heritage shall be deposited in condition ex situ in accredited institution as faithful trustee, of which it treats the "f" of the inciso IV of the art. 11 of this Provisional Measure, in the form of the regulation.

§ 4º When there is a commercial use perspective, access to the component sample of the genetic heritage, under in situconditions, and to the associated traditional knowledge can only occur after signing of Contract of Use of Genetic Heritage and Benefits of Benefits.

§ 5º Case be identified potential of economic use, of product or process, liable or non-intellectual protection, originated from sample of component of genetic and information heritage arising from associated traditional knowledge, accessed on the basis of authorisation that has not established this hypothesis, the beneficiary institution obliges to communicate to the Management Board or the institution where the access and remittance process originated, for the formalization of Contract of Use of Genetic Heritage and of Repartition of Benefits.

§ 6º The participation of foreign legal person in dispatch for sample collection of genetic heritage component in situ and for associated traditional knowledge access will only be authorized when in conjunction with national public institution, staying the coordination of the activities obligatorily to the office of the latter and provided that all the institutions involved exercise research and development activities in the biological and related areas.

§ 7º The research on components of genetic heritage should be carried out preferentially on the national territory.

§ 8º Access and Shipment Authorization of component sample of the genetic heritage of species of strict endemism or threatened with extinction will depend of the prior annuence of the competent body.

§ 9º Access and Remittance Authorization will give after prior annuence:

I-of the Indigenous community involved, heard the official indigenistic organ, when access occurs on Indigenous land;

II-of the competent organ, when access occurs in protected area;

III-of the private area holder, when access to it occurs;

IV-of the National Defense Council, when the access gives itself in indispensable area to national security;

V-of the maritime authority, when access gives itself in Brazilian jurisdictional waters, in the continental shelf and in the exclusive economic zone.

§ 10. The Access and Shipment Authorization holder of which they treat incisors I to V of § 9º of this article shall be liable to ressarate the holder of the area for possible damage or damage, provided that it is duly proven.

§ 11. The institution holder of Special Access and Shipment Authorization will refer to the Management Board the annuences of which they treat § § 8º and 9º of this article before or on the occasion of the collection expeditions to be effected during the period of duration of the Authorization, the discompliance of which will entail its cancellation.

Art. 17. In the event of relevant public interest, thus characterized by the Board of Management, the ticket in public or private area for access to the component sample of the genetic heritage will waived prior annuence of its holders, guaranteed to these the willing in the arts. 24 and 25 of this Provisional Measure.

§ 1º In the case provided for in the caput of this article, the indigenous community, the local community or the owner should be informed beforehand.

§ 2º In the treatment of indigenous land, the provisions of § 6º of the art shall be observed. 231 of the Federal Constitution.

Art. 18. The conservation ex situ of component sample of the genetic heritage is to be carried out on the national territory, and may, in addition, at the discretion of the Board of Management, be carried out abroad.

§ 1º As collections ex situ of component sample of the genetic heritage should be enrolled with the managing unit of the Management Board as it disposes the regulation.

§ 2º The Management Board may delegate the enrollment of which it treats § 1º of this article to one or more accredited institutions in the form of the "d" and "e" and the inciso IV of the art. 11 of this Provisional Measure.

Art. 19. Sample shipment of component of the genetic heritage of national, public or private institution, to another national, public or private institution, will be carried out from material under conditions ex situ, upon information of use intended, observed the cumulative fulfillment of the following conditions, in addition to others that the Management Board comes to establish:

I-deposit of representative sub-sample of the genetic heritage component in collection held by accredited institution, if it has not yet been complied with the provisions of § 3º of the art. 16 of this Interim Measurement;

II-in the component cases of component of the genetic heritage accessed under conditions in situ, prior to the edition of this Interim Measurement, the deposit of which treats the previous inciso will be done in the accessed form, if still available, pursuant to the regulation;

III-provision of information obtained during the collection of component sample of the genetic heritage for registration in the mentioned database in the point "b" of the inciso III of the art. 14 and point "b" of the inciso IX of the art. 15 of this Provisional Measure;

IV-prior signature of Material Transfer Term.

§ 1º Whenever there is prospect of commercial use of product or process resulting from the use of component of the genetic heritage will be required the prior signing of Genetic Heritage Utilization Contract and Benefits Breakdown.

§ 2º The component shipment of the heritage component genetic of species deemed to be exchanged facilitated in international agreements, including on food safety, of which the Country is a signatory, should be effected in accordance with the conditions laid down in them, maintained the requirements of them constants.

§ 3º The remittance of any component sample of the genetic heritage of national, public or private institution, to institution based abroad, will be effected from material in conditions ex situ, upon information of the intended use and prior authorization of the Management Board or accredited institution, observed the cumulative fulfillment of the conditions set forth in the incisies I to IV and § § 1º and 2º of this article.

Art. 20. The Material Transfer Term will have its model approved by the Board of Management.

CHAPTER VI

FROM ACCESS TO TECHNOLOGY AND TECHNOLOGY TRANSFER

Art. 21. The institution receiving a component sample of the genetic heritage or associated traditional knowledge will facilitate access to technology and technology transfer for the conservation and utilization of this heritage or that knowledge to the national institution responsible for the access and remittance of the sample and the information about the knowledge, or institution by it indicated.

Art. 22. The access to technology and technology transfer between national research and development institution, public or private, and institution based abroad, will be able to take place, among other activities, by:

I-scientific research and technological development;

II-formation and capacity-building of human resources;

III-exchange of information;

IV-exchange between national research institution and research institution based abroad;

V-consolidation of scientific research and technological development infrastructure;

VI- economic exploration, in partnership, process, and product derived from the use of component of genetic heritage; and

VII-establishment of joint technological base venture.

Art. 23. The company that, in the process of ensuring access to technology and technology transfer to the national, public or private institution, responsible for the access and shipment of component sample of the genetic heritage and for access to information on associate traditional knowledge, invest in research and development activity in the Country, will jus the tax incentive for the technological empowerment of industry and agri-farming, and other stimulus instruments, in the form of the legislation pertinent.

CHAPTER VII

OF THE BENEFITS APPORTIONMENT

Art. 24. The benefits resulting from the economic exploitation of product or process developed from component of component of the genetic heritage and associated traditional knowledge, obtained by national institution or institution based in the exterior, will be reparties, fairly and ethly, between the contracting parties, as the regulation and the relevant legislation.

Single paragraph. To the Union, when it is not a party to the Genetic Heritage Utilization Contract and the Repartition of Benefits, it shall be ensured, in what couber, the participation in the benefits referred to in the caput of this article, in the form of the regulation.

Art. 25. The benefits arising from the economic exploitation of product or process, developed from a sample of the genetic heritage or associated traditional knowledge, will be able to constitute, among others, of:

I- splitting of profits;

II-payment of royalties;

III-access and transfer of technologies;

IV-licensing, free of burden, of products and processes; and

V-empowerment of human resources.

Art. 26. The economic exploitation of product or process developed from component sample of the genetic heritage or associated traditional knowledge, accessed at odds with the provisions of this Provisional Measure, will subject the offender to the payment of severance corresponding to, at a minimum, twenty percent of the gross billing obtained in the marketing of product or royalties obtained from third parties by the offender, due to licensing of product or process or use of the technology, protected or not by intellectual property, without prejudice to the administrative and criminal penalties cableable.

Art. 27. The contract for the Use of Genetic Heritage and Benefits of Benefits should indicate and qualify with clarity the contracting parties, being on one side the owner of the public or private area, or the representative of the Indigenous community and the official indigenist organ, or the representative of the local community and, of another, the national institution authorized to effectuate and the addressable institution.

Art. 28. They are essential clauses of the Genetic Heritage Utilization Contract and the Repartition of Benefits, in the form of the regulation, without prejudice to others, the ones they have about:

I-object, its elements, quantification of the sample and intended use;

II-term of duration;

III-form of fair and eequitative allocation of benefits and, where the case is, access to technology and transfer of technology;

IV-rights and responsibilities of the parties;

V-right of intellectual property;

VI-termination;

VII- penalties;

VIII-foro in Brazil.

Single paragraph. When the Union is a party, the contract referred to in the caput of this article shall be governed by the legal regime of public law.

Art. 29. The Genetic Heritage Utilization and Benefits Partition Contracts will be submitted for registration in the Management Board and will only be effective after your annuence.

Single paragraph. They will be void, not generating any legal effect, the Genetic Heritage Utilization Contracts and the Repartition of Benefits firmed up at odds with the devices of this Interim Measulate and its regulation.

CHAPTER VIII

OF THE ADMINISTRATIVE SANCTIONS

Art. 30. Administrative infringement is considered against the genetic heritage or the associated traditional knowledge all action or omission that violates the norms of this Interim Measulate and too much relevant legal provisions.

§ 1º Administrative infractions will be punished in the form set out in the regulation of this Interim Measurements, with the following sanctions:

I-warning;

II-fine;

III-seizure of the samples of components of the genetic heritage and the instruments used in the collection or processing or of the products obtained from information about traditional knowledge associated;

IV-seizure of the component-derived products of genetic heritage or associated traditional knowledge;

V-suspension of the sale of the component derivative of component of genetic heritage or of the associated traditional knowledge and its apprehension;

VI-embargo of the activity;

VII-partial or total interdiction of the establishment, activity, or undertaking;

VIII-suspension of registration, patent, license or authorization;

IX-cancellation of registration, patent, license or authorization;

X-loss or restriction of incentive and tax benefit granted by the government;

XI-loss or suspension of the online participation of funding in official credit establishment;

XII-intervention in the establishment;

XIII-prohibition of hiring with the Public Administration, for the period of up to five years.

§ 2º The samples, products and instruments of which treat incisos III, IV and V of § 1º of this article, will have their intended target set by the Management Board.

§ 3º The sanctions set out in this article shall be applied in the procedural form laid down in the regulation of this Interim Measlant, without prejudice to the civil or criminal penalties that are fit.

§ 4º The fine of which deals with the inciso II of § 1º of this article shall be arbitrated by the competent authority in accordance with the seriousness of the infraction and in the form of the regulation, and may vary from R$ 200.00 (two hundred reais) to R$ 100,000.00 (one hundred thousand reais), when to treat yourself to physical person.

§ 5º If the infraction is committed by legal person, or with its contest, the fine will be R$ 10,000.00 (ten thousand reais) to R$ 50,000,000.00 (fifty million reais), arbitrated by the competent authority, in accordance with the seriousness of the infraction, in the form of the regulation.

§ 6º In case of recidivism, the fine will be applied at double.

CHAPTER IX

OF THE FINAL PROVISIONS

Art. 31. The granting of industrial property law by the competent bodies, on process or product obtained from sample of component of the genetic heritage, shall be conditional on the observance of this Interim Measment, and the applicant shall inform the origin of the genetic material and associated traditional knowledge, when it is the case.

Art. 32. The competent federal bodies shall exercise the supervision, interception and seizure of component of the genetic or product component of the genetic or product obtained from information on associated traditional knowledge, accessed at odds with the provisions of this Provisional Measure, and may, still, such activities be decentralized, upon convennial, according to the regulation.

Art. 33. The share of the profits and the royalties due to the Union, resulting from the economic exploitation of process or product developed from sample of component of the genetic heritage, as well as the value of the fines and indemniations it treats this Provisional Measure shall be intended for the National Environment Fund, created by Law No. 7,797 of July 10, 1989, to the Naval Fund, created by Decree No. 20,923 of January 8, 1932 and to the National Fund for Scientific Development and Technological, created by the Decree-Law No. 719 of July 31, 1969, and reinstated by Law No. 8,172 of January 18, 1991 in the form of the regulation.

Single paragraph. The resources of which it treats this article will be used exclusively in the conservation of biological diversity, including the recovery, creation and maintenance of depository banks, in the fostering of scientific research, in technological development associated with the genetic heritage and empowerment of human resources associated with the development of the activities related to the use and conservation of genetic heritage.

Art. 34. The person who utilizes or economically exploits components of the genetic heritage and associated traditional knowledge should appropriate their activities to the norms of this Interim Meassor and its regulation.

Art. 35. The Executive Power shall regulate this Provisional Measure by December 30, 2001.

Art. 36. The provisions of this Provisional Measure do not apply to the matter governed by Law No. 8,974 of January 5, 1995.

Art. 37. They are convalidated the acts practiced on the basis of the Provisional Measure no 2.186-15, of July 26, 2001.

Art. 38. This Interim Measure takes effect on the date of its publication.

Brasilia, August 23, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

José Gregori

José Serra

Ronaldo Mota Sardenberg

Jose Sarney Filho