Bill 430.

Summary.

The bill establishes a framework for the sustainable collection, production, processing, and marketing of goods and services derived from native biodiversity in the Republic of Panama. It aligns this framework with Law 24 of 1995 on Wildlife, Law 41 of 1998 on the General Environment, Executive Decree No. 19 of 2019 on access to genetic resources, and Law 287 of 2022 on the Rights of Nature. Its principles cover conservation, equity, benefit sharing, respect for traditional knowledge, legality, traceability, and participation. It defines biotrade, butterfly breeding facilities, protected areas and their boundaries, traceability, and a certification seal. It covers direct use of natural resources, agroforestry and silvopastoral systems, ecosystem services, and cosmetic, pharmaceutical, and artisanal products.

Activities would be allowed along protected area boundaries and, subject to regulation, within protected areas, with prior authorization from the National Environmental Authority (Autoridad Nacional del Ambiente, MiAmbiente) and coordination with communities and competent authorities. Operators would need a management plan approved by MiAmbiente, environmental impact studies according to the activity, traceability measures, and arrangements for community participation and shared benefits. The listed activities include butterfly breeding facilities, sustainable collection, community ecotourism, and cultivation of native species.

The bill creates the National Biotrade Council (Consejo Nacional de Biocomercio), attached to MiAmbiente, with representatives of ARAP, MIDA, MICI, AMPYME, SENACYT, universities, the private sector, and communities. It would coordinate policies, programs, and certifications. MiAmbiente, with ARAP, MIDA, and other competent institutions, would audit and monitor authorized activities. Registration in the National Biotrade Register (Registro Nacional de Biocomercio) would be mandatory for those seeking the bill’s benefits. Registered ventures could access partial income tax exemptions for up to 5 years, preferential green loans, investment funds, grants, and technical assistance. The Sustainable Biotrade Fund would finance seed capital, certification, training, and applied research; the State would promote a national seal.

The bill provides for local and Indigenous community participation and recognizes collective rights concerning traditional knowledge and genetic resources. Use of traditional knowledge would require prior, free, and informed consent and equitable benefit sharing under the Nagoya Protocol and national legislation. It provides for training coordinated with INADEH and for research through partnerships with universities, innovation centers, and businesses.

Priority areas include the Province of Bocas del Toro, the Province of Darién, the Guna Yala Comarca, Chiriquí and Veraguas, the Canal Zone, and the Azuero Peninsula. Identified sites include La Amistad International Park, San San Pond Sak Wetlands, Bastimentos Island, Barú Volcano, Fortuna Forest Reserve, Palo Seco Protective Forest, Soberanía National Park, Metropolitan Park, and Camino de Cruces. The text also mentions Emberá and Wounaan communities and regional trade links with Costa Rica. MiAmbiente could designate further areas using biological, community, access, educational, tourism, and scientific criteria. The bill defines violations and provides for license suspension or revocation, administrative fines, and criminal or environmental liability where applicable. The Executive Branch would issue regulations within no more than 6 months of promulgation, and contrary provisions would be repealed. Its provisions would concern environmental, agricultural, and enterprise support bodies, communities, biotrade businesses, and the tourism, forestry, handicraft, and research sectors.