On January 16, 2026, the Genetic Heritage Department of the Ministry of the Environment (DPG/MMA) published, on its official page, a report regarding the sending of official letters to verify compliance with Terms of Commitment (TCs) signed under Article 38 of Law No. 13.123/2015.
The agency also made available a Frequently Asked Questions document, with the aim of guiding users on the main points to be observed and the procedures to be adopted in case of receiving official letters sent by the
DPG/MMA.
According to the agency’s statement, the official letters aim to request clarifications and/or documentation related, among other aspects, to compliance with the deadlines and obligations assumed in the Terms of Commitment. However, it is observed that such communications have also been used to alert the user regarding the verification of the proper classification of the activities declared in the National System for the Management of Genetic Heritage and Associated Traditional Knowledge (SisGen), as well as the possible characterization of access to Associated Traditional Knowledge (ATK), including when available in secondary sources.
The DPG/MMA initiative is part of the context of the recent CGEN Resolution No. 50/2025, which came into force on the first business day of January 2026, and which deals with the criteria for signing Non-Monetary Benefit Sharing Agreements (NMBAs) and for the proper classification of access to ATK.
Among other aspects, said Resolution: i) regulates the procedures applicable by the DPG/MMA when potential access to ATK available in secondary sources involving species of Brazilian biodiversity is identified, when the user declares to have accessed only genetic heritage; and ii) establishes the requirements and minimum content of the declaration that the user must issue in cases where they choose to maintain the classification as exclusive access to genetic resources.
Therefore, from this new regulatory framework, there is a reinforcement of the agency’s administrative actions, aimed at verifying the consistency of the information provided by the user and the correct classification of activities in the official genetic resource management system and the CTA.
In this scenario, it is recommended that users with current Terms of Commitment and/or active registrations pay attention to official communications, including those sent by mail, and ensure the proper registration and organization of information and documents related to their activities.
We clarify that the Environmental and Regulatory team of the Nascimento e Mourão Sociedade de Advogados law firm, which works with a strong focus on the area of biodiversity, closely monitors the normative and administrative evolution related to access to genetic resources and associated traditional knowledge, and is available to provide further clarification on the subject.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Coordinator and Partner of the Environmental, Regulatory and Biodiversity Law area.
Bianca Oliveira Begossi | bianca.begossi@nascimentomourao.adv.br
Partner of the Environmental, Regulatory and Biodiversity Law area.
