d) Underwrite all expenses attendant to securing the free and prior informed consent of ICCs/IPs.
The NCIP shall subsequently issue additional guidelines hereon whenever necessary.
Section 7. Development and Cultural Activities Subject to Free and Prior Informed
Consent (FPIC). Policies, programs, projects, plans and activities subject to free and prior
informed consent shall include but not limited to the following:
a) Exploration, development, exploitation and utilization of natural resources within ancestral
domains/lands;
b) Research in indigenous knowledge, systems and practices related to agriculture, forestry,
watershed and resource management systems and technologies, medical and scientific
concerns, bio-diversity, bio-prospecting and gathering of genetic resources;
c) Displacement and relocation;
d) Archeological explorations, diggings and excavations and access to religious and cultural
sites;
e) Policies affecting the general welfare and the rights of ICCs/IPs; and
f) Entry of the Military or paramilitary forces or establishment of temporary or permanent
military facilities within the domains.
The NCIP shall prescribe terms and conditions regarding public presentation, display,
performance and other forms of utilization of ICCs/IPs’ lifeways and material culture.
Section 8. Memorandum of Agreement. As a component part of the process of securing
the free and prior informed consent of the concerned ICCs/IPs a Memorandum of Agreement
(MOA) shall be executed by and between the proponent, host ICC/IP community, and the NCIP,
written in the dialect or language of the concerned ICCs/IPs, with corresponding English and
Pilipino translation. The MOA shall stipulate, among others:
(1) Benefits due the host ICCs/IP communities;
(2) Measures to protect IPs’ rights and value systems enumerated in the Section on Free Prior
and Informed Consent of these Rules and Regulations;
(3) Responsibilities of the proponent as well as those of the host ICC/IP community and the
NCIP;
(4) In case of change of proponent as a result of partnership, joint venture, reorganization,
merger, acquisition, sale, or transfer of rights, the terms and conditions of the MOA shall bind
the new proponent without necessarily executing another MOA; and
(5) Penalties for non-compliance and or violation of the terms and conditions.
For the purposes of validity of the Memorandum of Agreement referred to above, the
signatories thereto shall be; a) for corporations, partnerships or single proprietorship entities, the
authorized officers, representatives, or partners as per Board resolution; b) for the ICC/IP
community, all the authorized community elders or traditional leaders, who are registered with
the NCIP in accordance with Section 2, Part III, Rule IV; and c) the NCIP or authorized
representative. The NCIP shall keep a copy of the MOA for records and monitoring purposes.
Section 9. Non-Transferability of Consent The free and prior informed consent
granted by the ICCs/IPs for a particular proposed policy, program, project or plan, as a general
rule, shall not be transferable to any other party, except in case of merger, reorganization, transfer
of rights, acquisition by another entity, or joint venture: Provided; that there will be no changes in
the original plan, program, project or policy and: Provided further; that the same shall not
prejudice the interest, rights and welfare of the concerned ICCs/IPs.
Page 17
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