26 • Technologies To Maintain Biological Diversity 



One possible action is for Congress to request 

 that an independent organization, such as the 

 National Academy of Sciences, study this is- 

 sue. In fact, NAS has already indicated inter- 

 est in investigating this as a part of its current 

 3-year study of global genetic resources . Such 

 a study could draw on other agencies and in- 

 dividuals with interest and expertise in this area 

 to define several general actions the United 

 States might take in regard to international ex- 

 change of genetic resources and the conse- 

 quences associated with it. 



Another option is to favor the status quo, ig- 

 noring the criticisms and avoiding the risk that 

 new political actions might disrupt effective sci- 

 entific working arrangements. A practical in- 

 ternational flow of germplasm is likely to con- 

 tinue in the future, with or without the formal 

 international arrangements envisioned by the 

 FAO undertaking. In time, the political issues 

 may be resolved equitably without pushing na- 

 tions into conflicts over breeders' rights or ac- 

 cess to genetic materials. 



Another possibility would be for the United 

 States to associate with the FAO Commission 

 on Plant Genetic Resources. U.S. influence 

 might strengthen the international commitment 

 to free flow of germplasm and reduce the risk 

 that germplasm will increasingly be withheld 

 for political or economic reasons. 



Unless Congress chooses to restrict plant 

 breeders' rights in the United States, the U.S. 

 Government will be unable to join the under- 

 taking without major reservations. Such a 

 change in domestic law seems politically un- 

 likely, given domestic benefits provided by 

 plant breeders' rights and the effective lobby- 

 ing efforts of the seed industry. However, the 

 United States could consider renegotiating the 

 FAO undertaking to require a commitment to 

 grant global access to genetic resources — with 

 appropriate exceptions for certain privately 

 held materials— within the context of an inter- 

 nationally supported commitment to help coun- 

 tries conserve and develop their genetic re- 

 sources. Parallel agreements also might be 

 developed for domestic animal, marine, and 



microbial resources. Such agreements could 

 also define national and international obliga- 

 tions to collect and conserve the germplasm that 

 is being displaced by new varieties or by chang- 

 ing patterns of agricultural developments. 



Finally, U.S. representatives could consider 

 promoting a discussion of genetic resource ex- 

 changes outside formal channels in an effort 

 to separate the technical issues from emotional 

 ones. The Keystone Center, an environmental 

 mediation organization, is exploring the pos- 

 sibility of conducting a policy dialog on this 

 topic in the near future. 



Option 7.2: Affirm the U.S. commitment to the 

 free flow of germplasm through an amend- 

 ment to the Export Administration Act. 



Specific allegations have been made that the 

 United States has restricted the access to germ- 

 plasm in national collections (at the National 

 Plant Germplasm System) for political reasons. 

 The government, however, maintains that it ad- 

 heres to the principles of free exchange. 



To reinforce recent executive affirmations of 

 the free flow of germplasm, Congress could ex- 

 empt the export of germplasm contained in na- 

 tional collections from Export Administration 

 Act restrictions or political embargoes imposed 

 for other reasons. Comparable provisions are 

 already included in this act with respect to 

 medicine and medical supplies (50 U.S.C. app. 

 sec. 2405 (g), as amended by Public Law 99-64, 

 July 12, 1985). Because this germplasm is al- 

 ready accessible through existing mechanisms, 

 such a provision would only reaffirm the U.S. 

 position and remove from the current debate 

 the allegations of U.S. restrictions of access to 

 germplasm. 



On the other hand, the process of amending 

 the act may generate support for restricting 

 germplasm — by excluding certain countries 

 from such an exemption. Restricting access in 

 such a manner would likely lead to an interna- 

 tional situation counter to U.S. interests. In 

 such a case, no action would be preferable to 

 an amendment. 



