Required Report - public distribution

**Date:** 7/15/2005

**GAIN Report Number:** VE5014

VE5014

**Venezuela**

**Biotechnology**

**Annual**

**2005**

**Approved by:**

![](media/image1.wmf)Bonnie Borris

U.S.Embassy Venezuela

**Prepared by:**

Mora Paiva

**Report Highlights:**

Venezuela\'s legal framework for agricultural biotechnology is based on
Andean Community regulations and other international treaties. Recently,
the President of Venezuela stated that no biotech plantings would be
allowed. This statement may lead to changes in the existing legal
framework.

The Venezuelan legislation does not clearly prohibit plantings of
biotech crops. In addition, the Seed Law emphasizes the need for
conducting analysis before introducing and marketing biotech products.
In reality, the regulatory system is imprecise.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Caracas \[VE1\]

\[VE\]

# Section I. Executive Summary

Venezuela's Ministry of Environment and Natural Resources is responsible
for biotechnology and biosafety issues. A fairly extensive list of
international treaties and domestic laws provide the basic legal
framework for agricultural biotechnology. In reality, the regulatory
system is imprecise.

Venezuela is a significant importer of basic agricultural commodities.
The main products imported are wheat, corn, soybean meal, animal fats
and vegetable oils. Imports of wheat and yellow corn mainly come from
the United States, and oilseed products are generally sourced from South
American countries like Argentina, Brazil, Paraguay, Uruguay, and
Bolivia. While not the major supplier, there are rather significant
soybean and soybean meal imports from the United States.

Consumer concerns related to the planting of biotech crops or
consumption of biotech food products are insignificant. Some
environmental groups are resistant to biotech and are slowly raising
their concerns to the government. The scientific community, mainly from
universities and research entities, has conducted limited studies and
favors development of science-based regulations within the government.

# Section II. Biotechnology Trade and Production

According to sources contacted by FAS/Caracas there are no biotechnology
crops under development. The GOV has not granted approval for planting
biotechnology crops from any source.

While the legislation does not prohibit imports of biotechnology crops
and/or products, it does not automatically authorize them. Guidelines
and procedures to oversee and regulate the introduction and marketing of
biotechnology products were established through the Venezuelan Seed Law
(Ley de Semillas) that was decreed on October 2002. The following
articles from the Venezuelan Seed Law (Ley de Semillas) provide guidance
regarding the use and imports of biotechnology materials (unofficial
translation from FAS/Caracas):

*Article Nº 14. Any material subject to agricultural production, either
seed, material for animal reproduction or biological inputs, should be
reviewed by the "National Institute for Seeds and Material for Animal
Reproduction", previous to its liberalization, production, marketing or
any other use, in order to determine if it is a transgenic organism or
genetically modified organism or that it comes from this kind of
organism.*

*Article Nº26. Any imported genetic material, previous to its
liberalization on the national territory, should be subject to
quarantine or official isolation, on the areas specially addressed for
it and according to the customs authority's indications.*

Penalties for non-compliance are unclear. The GOV is developing the
regulatory framework for its Biodiversity law. It can be found on the
following web site:
*http://www.gobiernoenlinea.gob.ve/docMgr/sharedfiles/reglamentoparcialleydiversidadbiologica.pdf*

Most recently, on March 20, 2005, President Chavez stated in his weekly
speech "Alo. Presidente" that the country would not allow the use of
biotechnology crops. This statement may lead to changes in the existing
legislation. (For a transcript of this speech, please refer to the
following web page:
*http://www.gobiernoenlinea.gob.ve/docMgr/sharedfiles/Alo_Presidente_216.pdf
)*

Venezuela is not a food aid recipient country and there is no indication
it will be in the near future.

# Section III. Biotechnology Policy

Venezuela's legal framework for agricultural biotechnology is based on
both international treaties and the national legislation. The National
Assembly must ratify international agreements signed by the GOV before
it becomes legal in Venezuela. The following international treaties are
legal in Venezuela:

-   United Nations Treaty for Biodiversity.

-   Cartagena Protocol for Biotechnology Safety (the GOV ratified it on
    January, 2002).

-   Andean Community regulations:

    -   Decision Nº 345-Common Provisions on the Protection of the
        Rights of Breeders of New Plants
        *(http://www.comunidadandina.org/ingles/treaties/dec/d345e.htm)*

    -   Decision Nº 523- Regional Biodiversity Strategy for the Tropical
        Andean Countries
        *(http://www.comunidadandina.org/ingles/treaties/dec/D523e.htm)*

    -   Decision Nº 486- Common Intellectual Property Regime
        *(http://www.comunidadandina.org/ingles/treaties/dec/D486e.htm)*

    -   Resolution Nº 414

    -   Resolution Nº 416

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-   International Treaty on Phytogenetic Resources (1983)

-   International Plant Protection Convention (IPPC)

-   The Rotterdam Convention (1998)

The Venezuelan constitution calls for the state to be the promoter of
new developments (articles 112, 236 and 289). It also mentions that the
state is the sole owner of natural resources, including genetics
(article 11). The constitution in article 326 talks about the concept of
"national security", and agricultural biotechnology would fall under it.
For information about these articles, please refer to:
*http://www.embavenez-us.org/constitution/intro.htm*

The following set of laws also deal with biotech issues:

-   Environmental Law (Ley Organica de Ambiente)

-   Biodiversity Law (ley de Diversidad Biologica)

-   Seed Law (Ley de Semillas, material para la reproducción animal e
    insumos biológicos)

Agricultural biotechnology is under the responsibility of Venezuela's
Ministry of Environment and Natural Resources (MARN). The MARN has an
office, called "Dirección de Bioseguridad y Biocomercio" that is in
charge of administering and regulating genetic resources, biotechnology
security and encouraging related activities that enhance the use of
biodiversity. Among the specific functions of this office are
*(http://www.vitalis.net/LDB.htm):*

-   Evaluate all issues related to biotechnology security as well as
    traditional knowledge associated to biological diversity.

-   Coordinate activities of the access committee of genetic resources.

-   Develop the project " Venezuela's National Framework on Biotech
    Security".

-   Propose a partial regulation to the Biodiversity Law.

-   Develop the National Bio-Commerce Program.

-   Negotiate "The National Business Project" based on Biodiversity on
    the Andean Region.

-   Issue genetic resource access contracts.

The Biodiversity Law created the "Oficina Nacional de Diversidad
Biologica (in English: National Office of Biodiversity or ONDB). The
ONDB has the oversight authority for any matter related to biotech
products.

In addition, a consultative body, the National Biotechnology Commission,
was created on September 9, 1996, through Decree No. 1475. Government
agencies involved in this commission are: Ministry of Development,
Ministry of Health and Social Development, Ministry of Agriculture and
Lands, Ministry of Environment, Ministry of Science and Technology and
the Secretariat of the Presidency. The National Biotechnology Commission
reports directly to the President's Cabinet. This commission has the
following functions:

-   Advise the National Assembly on studies and project laws necessary
    to develop and transfer biotechnology.

-   Cooperate with public and private institutions involved in the
    development of biotechnology and in the development of programs,
    policies and activities necessary to create, strengthen and use
    scientific skills and resources.

The "Centro de Investigaciones de Biotecnologia Agricola" (in English:
Agricultural Biotechnology Research Center, or CIBA") was founded in
1991 by the Agronomic Faculty of the Universidad Central de Venezuela
(in English: Venezuela's Central University or UCV). This center has the
following labs: Tissue Culture, Cytogenetic, Molecular Genetics and
microorganisms. The CIBA is in charge of research studies based on
agricultural biotechnology.

# Section IV. Marketing

Consumers have not voiced any concerns about biotechnology products or
products containing biotechnology raw materials as of this date.

On several occasions, an NGO organization called "Red de Accion en
Alternativas al Uso de Agrotoxicos de Venezuela" (in English: Venezuelan
Action Network of Alternative Uses of Agritoxics or RAPAL-VE)) has
publicly urged the President to halt the liberalization of transgenic
crops, based on the country\'s goal of becoming a \"natural country\"
and on the application of the precautionary principle.

In 2002, this organization conducted a study to determine the presence
of GMO's in food products sold in Venezuela. Lab analyses were done by
*Genetic-ID* lab (based on Germany) and with funds from *Global
Greengrant Funds* (GGF). There are no published results available.

# Section V. Capacity Building and Outreach

Currently there are no U.S. Government or USDA-funded capacity building
or outreach activities related to agricultural biotechnology carried out
in Venezuela. The GOV through the MARN receives funds from the United
Nations Environment Program (UNEP). The funds provided by UNEP are being
used to organize six seminars during 2005. Three seminars were organized
during the first half of 2005, and the remaining three seminars are
scheduled to take place before November 2005. The major objective of the
seminars is to increase public awareness of agricultural biotech and
have a consensus among the public and private sector regarding the
national biotechnology framework.