FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
The 1987 Philippine Constitution under Section 2 of Article I1 Declaration of 
Principles and State Policies provides that the Philippines renounces war as an 
instrument of national policy, adopts the .generally accepted principles of 
international law as part of the law of the land and adheres to the policy of peace, 
equality, justice, freedom, cooperation, and amity with all nations. 
Moreover, the Constitution under Section 8 of State Policies of Article II 
Declaration of Principles and State Policies explicitly provides that the country, 
consistent with its national interest, adopts and pursues a policy of freedom from 
nuclear weapons in its territory. 
The Philippines is likewise committed to the maintenance and enhancement 
of national security, promotion of foreign policy interests particularly the fulfillment of 
international commitments and agreements. As a member of the United Nations, the 
Philippines therefore recognizes and binds itself to the principles of international law. 
As such, having been Vice-chairman of the UN 1540 Committee which 
passed the UN Security Council Resolution 1540 last April 28, 2004 calling on all 
UN member-states to adhere to the Weapons of Mass Destruction Conventions, the 
Philippines thereby commits itself to prevent the proliferation of nuclear, radiological, 
biological, chemical, and other weapons of mass destruction for the promotion of 
global peace and security. 
The proliferation of weapons of mass destruction as well as the non- 
regulation of munitions, strategic or dual-use items/goods and related technologies 
largely contributes to the carrying out of acts of terrorism. The transfer, diversion, 
import, export, re-export, transit and transship of such items/goods, technology or 
even services dealing with nuclear, radiological, biological and chemical weapons, 
mostly in parts, which when assembled together could serve as a weapon of mass 
destruction that would cause great threat to lives and properties, if not immense 
devastation. Thus, the trade of such items/goods, which are being used both for 
military and non-military or restricted purposes, should be strictly monitored and 
controlled. 
Significantly, it could be noted that the recently enacted Republic Act No. 
9372 otherwise known as the Human Security Act of 2007 or the Anti-Terrorism Law 
of the Philippines, which I have principally authored and sponsored, does not 
particularly cover the aspect of non-proliferation of weapons of mass destruction 


and the non-regulation of munitions, strategic or dual-use itemdgoods and related 
technologies including their means of delivery. 
As it is at present, there is an absence of an integrated Philippine legislation 
that would prevent the unauthorized trade of strategic or dual-use items/goods and 
related technologies which would certainly contribute to the proliferation of weapons 
of mass destruction throughout the islands. With the apparent lax in security control 
and the lack of strong regulatory mechanism in the area of law enforcement, 
intelligence and inter-government agency cooperation, those people who would like 
to sow terror in the country would have their grand time carrying out their evil plans 
in just a snap. 
While our neighboring countries have already been able to put in place their 
own legislation against the proliferation of these weapons of mass destruction, the 
Philippines has yet to come up with a legislative measure that would address the 
grim scenario wherein our country would become a terrorist haven for the 
manufacture and assembly of such weapons. 
Hence, this bill seeks to prevent the proliferation of weapons of mass 
destruction in the country through the enforcement of a stringent strategic 
itemslgoods trade control system by regulating and monitoring the transfer of such 
items/goods. This bill therefore intends to establish an effective regulatory and 
organizational structure that would both address the Philippines’ obligation to its 
international commitments as well as pursue its economic end in the area of free 
trade with other countries without compromising the internal security of the nation 
and the safety of the Filipino people. 
The immediate passage of this bill is hereby earnestly sought 
MANNYVIL AR ! 
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FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
Senate Bill No. 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
TO PREVENT THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION 
BY REGULATING THE TRANSFER OF STRATEGIC ITEMSlGOODS WHICH ARE 
BEING USED TO CARRY OUT ACTS OF TERRORISM, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
TITLE I - GENERAL PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the "Weapons of Mass 
Destruction Non-Proliferation and Strategic ItemslGoods Regulation Act of 2009". 
SEC. 2. Declaration of Policy. - It is declared a policy of the state to be free 
from nuclear, chemical and biological weapons in its territory, to abide by its 
international commitments in the areas of non-proliferation and strategic trade 
regulation, and to promote international peace and stability, while also promoting 
economic growth through responsible trade and management of strategic items. 
Toward this end, the unregulated flow of goods, technologies, information, 
equipment and services that are capable of being used to acquire, develop, 
produce, operate, stockpile, maintain, detect, identify or deliver weapons of mass 
destruction and other strategic items shall be considered dangerous and inimical to 
the security of the country and to the Filipino people, and the global community. 
Foreign trade activity involving such items, including cross-border transfer, 
facilitation or investment shall be regulated by the Government. 
SEC. 3. Scope and Coverage. - This Act shall apply to any person, whether 
natural or juridical, engaged in trade of strategic items, technologies, equipment and 
services, and operating within the territorial and economic boundaries of the 
Philippines, including designated free trade zones, and to all Filipino citizens 
whether residing in the country or abroad. 
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Without impeding the normal course of trade activities, provisions of this Act 
shall involve the regulation, import, export, re-export, transit, transshipment and re- 
transfer of strategic goods and items, technologies, equipment and services which 
are herein defined as regulated items under the National Control List. 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms 
are hereby defined: 
a. Conveyance refers to any vessel, train, vehicle, aircraft or other modes of 
transportation. 
b. Device refers to any tangible medium wherein information, visual images, 
sound or other data is recorded, stored, or embodied in any form so as to 
be capable of being retrieved or produced with or without the aid of any 
equipment. 
c. Document refers to any records on paper; in electronic form, kept on any 
magnetic, optical, chemical or other medium; photograph map, plan, 
graph, picture or drawing or device. 
d. Dual-Use ItemslGoods refer to items or goods capable of being used for 
both non-military and military purposes or related activity which include 
software or technology relating to the production or use of such 
items/goods. 
e. Dual-Use 
Technology 
refers to 
technology 
necessary for 
the 
development, production or use of any dual-use itemslgoods. 
f. Export refers to the shipment or transmission by any means of any 
strategic itemslgoods from the territory of the Philippines. 
g. Exporter refers to any natural or juridical person who ships or transmits 
any strategic itemslgoods out of the territory of the Philippines. 
h. Intermediary activity refers to brokering, forwarding, servicing or 
financing export transactions involving any strategic itemslgoods. 
i. Import refers to commodities, which may either be itemslgoods or 
services that are bought from a foreign country. 
j. License or Permit refers to a written authorization issued by the 
Government for the import, export, transit or transshipment of any 
strategic item into, out of, or through the territory of the Philippines, which 
also includes the provision of services pertinent to the trade of strategic 
itemdgoods, technology and equipment. 
k. Military Goods or Munition ItemslGoods refers to any itemdgoods, 
solely or predominantly designed or modified for military purposes which 
includes the entire products as well as specifically-designed parts, 
accessories, components and related software and technology such as 
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firearms, warships, lasers designated for military application, biological 
agents and sophisticated night-vision equipment. 
I. National Control List refers to a list of strategic items subject to special 
controls pursuant to this Act. 
m. Premises refer to any land, place or building, whether open or enclosed, 
and whether built-in or not, and includes any free trade zones. 
n. Re-export or Re-transfer refers to any shipment, transmission or release 
by any means of any itemdgoods from one foreign country to another 
which may also include a transfer of an exported item to a new end-user 
within the recipient country. 
0. Registration refers to an application for registration to carry out an act 
such as to arrange, negotiate or do any act to facilitate the arrangement or 
negotiation of a contract for the acquisition or disposal of strategic 
itemslgoods, technology, equipment and services, to include transmission 
of any technology or document. 
p. Services refer to, without limiting the generality of the expression, any 
reference to doing anything, other than supplying or exporting of goods 
that confers a benefit on, grants a right or privilege to, provides a facility 
for, or otherwise assists someone, including work of a professional nature 
with or without the supply or export of goods, or a contract for and in 
relation to the lending of money or other provision of financial assistance. 
q. Software refers to a collection of one or more programs or microprograms 
recorded, stored or embodied in a device. 
r. Strategic ItemslGoods refer to any weapon of mass destruction, military 
or dual-use items/goods, service or technology. 
s. Strategic ItemslGoods Trade Control refers to a system of laws and 
regulations designed to regulate the trade and transfer of weapons of 
mass destruction and related materials, components and technologies as 
well as conventional weapons. 
t. Technology refers to information, including information in such 
documents or software as specification, blueprints, plans, manuals, 
models, diagrams, formulae, tables and design, that is necessary for the 
development, production or use of any items/goods. 
u. “Through bill of lading” or “Through air waybill” refers to a bill of 
lading, air waybill and manifest, respectively, for the consignment of 
items/goods from a place outside the Philippines to a destination which is 
also outside the Philippines without a consignee in the Philippines. 
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v. Transit refers to the import into, and subsequent export from, the territory 
of the Philippines of a strategic item that does not enter the commerce of 
the Philippines but is consigned on a "through bill lading" or a "through air 
waybill" from a location outside the territory of the Philippines to another 
location outside the territory of the Philippines, such that the item remains 
at all times in or on the vessel on which it is imported in the Philippines. 
w. Transshipment refers to the import into, and subsequent export from, the 
territory of the Philippines, of a strategic item that does not enter the 
commerce of the Philippines but is consigned on a "through bill lading", a 
"through air waybill", or "through manifest" from a location outside the 
territory of the Philippines to another location outside the territory of the 
Philippines, and such that the item is removed or is to be removed from 
the vessel in which it was imported and either returned to the same 
vessel, or transferred to another vessel before being exported, whether it 
is to be transferred directly between such vessels or whether it is to be 
landed in the Philippines after its importation, and stored, or otherwise 
handled, pending export. 
x. Vessel refers to any ship, aircraft, automobile, truck train or other means 
of transporting items/goods imported into or exported from the territpry of 
the Philippines. 
y. Weapons of Mass Destruction refer to weapons that are capable of a 
high order of destruction and/or being used in such a manner as to create 
large numbers of casualties during a single event or incident. 
z. Weapons of Mass Destruction Program refers to a plan or program for 
the development, production, acquisition, or stockpiling of nuclear, 
biological or chemical weapon or missiles capable of delivering such 
weapons. 
TITLE II - IMPLEMENTING AUTHORITIES 
SEC. 5. Creation of Strategic ItemdGoods Trade Control Council. - 
There is hereby created a Strategic Items/Goods Trade Control Council, hereinafter 
referred to as the "Council" to serve as the governing and policymaking body for the 
formulation, development, implementation, coordination, monitoring and evaluation 
of policies, programs, plans and activities relative to the establishment and 
institutionalization of the strategic itemslgoods trade control system. It shall be 
composed of the heads or permanently designated representatives of the following 
offices: 
a. Office of the Special Envoy on Transnational Crime (OSETC), Office of 
the President (OP); 
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b. Department of Trade and Industry (DTI); 
c. Department of Finance (DOF); 
d. Department of National Defense (DND); 
e. Department of the Interior and Local Government (DILG) 
f. Department of Transportation and Communication (DOTC) 
g. Department of Environment and Natural Resources (DENR); 
h. Department of Health (DOH); 
i. Department of Science and Technology (DOST); 
The OSETC, as an oversight body on transnational crime, shall chair the 
Council. It shall coordinate the overall programs and provide the daily operational, 
administrative and staff support to the Council. 
The Vice-chairman shall be elected by the members of the Council from 
among themselves. 
SEC. 6. Powers and Functions of the Strategic Items/Goods Trade 
Control Council. - The Council shall have the following powers and functions: 
a 
b 
C. 
d 
e 
f. 
g 
Formulate strategies and policies for the effective implementation of this 
Act; 
Coordinate, implement, monitor and evaluate policies and measures, 
programs, plans and activities that will establish the country's strategic 
items/goods trade control system; 
Create specific working groups by enlisting the assistance and support of 
government agencies, bureaus, boards, instrumentalities of government- 
owned andlor controlled corporations; the academe; as well as private 
institutions, corporations, firms, associations or persons to carry out its 
functions, including the use of its personnel, facilities and resources for 
research, developmental and promotional activities necessary in support 
of the provisions of this Act; 
Formulate policies and recommendations, regulate programs and advise 
government agencies and private organizations engaged or involved in 
activities allied to or affecting the country's importation, exportation and 
re-exporting, transiting and transshipping such as forwarding, brokering, 
shipping, insurance, warehousing, financing; and recommend measures 
that will enhance effective monitoring of strategic itemslgoods; 
Develop common 
end-users' 
certification 
standards 
in 
strategic 
items/goods control for purpose of transparency and accountability; 
Develop, maintain, update and publish the National Control List; 
Strengthen capability-building through technical assistance and training on 
various measures to detect, monitor, investigate and/or seize inadvertent 
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or illicit import, export, re-export, transit, transshipment of strategic 
items/goods; 
Identify stakeholders both from the public and private sector, particularly 
business and other civil entities, and define their roles and responsibilities 
in the strategic itemdgoods trade control system; 
Strengthen 
and 
enhance 
bilateral/multilateral 
cooperation 
and 
recommend amendments, as appropriate, to existing agreements where 
the State signatories are the point of origin, destinations or transit of 
strategic itemslgoods; 
Come up with policy recommendations to maintain the confidentiality of 
the disclosure of information, unless and until it meets the national 
security or foreign policy interests of the country; and 
Perform such other tasks and functions necessary to effectively carry out 
the provisions of the Act. 
TITLE 111 - RESPONSIBILITIES AND RESTRICTIONS OF PARTIES 
IN STRATEGIC ITEMSlGOODS TRADE TRANSACTIONS 
SEC. 7. Responsibilities of Traders. - Any person who intends to export, 
import, transit, transship or re-export any strategic itemdgoods herein defined shall 
be required to obtain a license from the duly designated government authority 
provided in this Act. No person shall be allowed to place any strategic itemdgoods 
in or on any vessel located within the territorial and economic jurisdiction of the 
Philippines without the consent of the owner or operator. 
SEC. 8. Responsibilities of Owners and Operators of Vessels. - Owners 
and operators of a vessel shall be prohibited from releasing any strategic 
itemslgoods within the territory of the Philippines unless the person to whom an 
import license has been issued presents a license to such owner or operator. The 
owner or operator of a vessel shall submit to the Bureau of Customs and other duly 
designated offices, a duly certified copy of the license and a copy of the extract of 
the manifest of the vessel in or on which the strategic items/goods arrived. 
All 
strategic 
items/goods which 
are 
imported, 
exported, 
transited, 
transshipped, or re-exported shall be recorded in a manifest that shall contain such 
particulars which the Implementing Rules and Regulations of this Act may 
prescribed. 
The owner or operator of a vessel, on entering or leaving the territory of the 
Philippines shall, upon request: 
a. Furnish the Bureau of Customs a manifest identifying any strategic 
items/goods being imported or exported in the vessel; 


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b. Allow any member of the Bureau of Customs to board a vessel, inspect 
the cargo for strategic items/goods and/or search the vessel for strategic 
items/goods; and 
c. Furnish a written list of every port or place at which such vessel has 
docked during the period of three (3) months immediately preceding the 
date of its arrival in Philippine territory. 
SEC. 9. Responsibilities of Persons Engaged in Any Intermediary 
Activity. - No person, subject to this Act, may engage in any intermediary activity 
without a license, including intermediary activities that involve strategic items/goods 
as herein defined, even if fhe same is not transited or transshipped through, or 
exported or re-exported from the territory of the Philippines. 
SEC. 10. Responsibilities of Parties. - It shall be the responsibility of any 
person, subject to this Act, to verify whether an item falls under the National Control 
List and subject to regulations. Where any unit or individual knows or should know 
that the goods and items, technologies, equipment and services to be exported will 
be used by the receiving party for the purpose of putting together a weapon of mass 
destruction or a weapon of mass destruction program, it shall not export such goods 
and items, technologies, equipment and services whether included in the National 
Control List or not, unless appropriate licenses are obtained. 
SEC. 11. Registration and Issuance of Permits and Licenses. - Anyone 
who intends to engage in the trade of strategic itemdgoods, technologies, 
equipment and services shall register directly with the DTI and file for a license 
application to be accomplished in such a prescribed manner and form and 
accompanied by such fees as may be prescribed under the IRR of this Act. 
The DTI may likewise grant permit or license to an applicant subject to 
conditions it may deem fit and may renew a license with or without conditions: 
Provided, That any person whose application for a license has been denied by the 
DTI may file an appeal to the Council as constituted under this Act, whose decision 
shall be final and executory. 
The Council and the DTI may, upon recommendation of involved regulatory 
branches of the government, temporarily decide to exercise export control on 
specific dual-use itemdgoods and related equipment and technologies other than 
those listed in the National Control List if deemed necessary. 
SEC. 12. Breach of Conditions of Registration, License or Permit. - Any 
person who holds a permit or is registered to engage in trade of strategic 
itemslgoods and who contravenes, without lawful excuse, a condition of the permit 
or license or registration prescribed under the IRR of this Act shall be held liable and 


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shall suffer the penalty of two (2) years imprisonment but not to exceed four (4) 
years imprisonment. 
Anyone who undertakes trade of strategic items/goods, technologies, 
equipment and services without being licensed, or trade beyond the scope of the 
license granted without authorization shall be investigated for criminal liability in 
accordance with the relevant provisions of existing laws on the crime of smuggling, 
illegal business operations, or such other crimes. If such crimes are not serious 
enough for criminal punishment by distinguishing different circumstances, such 
person shall be punished in accordance with applicable provisions of the Customs 
Law, or be given a warning, or have the items/goods confiscated, and/or be fined 
according to the relevant provisions of the Philippine Trade Laws. The DTI may 
concurrently revoke the license for such person's foreign trade operations. 
Where the receiving party contravenes the guarantees made according to the 
conditions, permit or license granted, or there is a risk of proliferation of dual-use 
restricted items/goods, technologies, equipment and services, the Council thru the 
DTI, shall suspend or revoke the license or permit initially granted and immediately 
notify the Bureau of Customs of such suspension or revocation of license or permit. 
SEC. 13. Other Restrictions. - A license holder who intends to change the 
original declaration of end-use of the strategic items/goods, technologies, equipment 
and services as previously declared shall surrender the original license and must file 
for a new license subject to the provisions of this Act. 
Any person who forge, buy or sell license for the conduct of trade 
transactions on strategic itemdgoods, technologies, equipment and services shall 
be held criminally liable in accordance with existing laws on the crime of illegal 
business operations, the crime of forging, altering, buying or selling of official 
documents, certificates or seal of State functionaries. If such act is not serious 
enough for criminal punishment, such person shall be punished in accordance with 
the relevant provisions of the Customs Law, and the DTI may concurrently revoke 
the license for foreign trade operations. 
When the license for the trade of strategic goods and items, technologies, 
equipment and services is obtained through fraud or other illegal means, the DTI 
shall impose the following penalties: 1) revocation of license; 2) confiscation of 
subject illegal itemslgoods; 3) imposition of fines; and 4) suspension or revocation of 
the license for their foreign trade operations. 
SEC. 14. Liability of State Functionaries. - State functionaries in charge of 
controlling and regulating the trade of strategic items/goods, technologies, 
equipment and services who abuse their powers, neglect their duties or extort or 
accept money or bribe by taking advantage of their positions, shall be investigated 
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for criminal and/or administrative liability in accordance with existing criminal and/or 
administrative laws. 
SEC. 15. Documents and Records-Keeping Requirements. - As provided 
in Section 1 I of this Act, the following documentary requirements shall be complied 
with when applying for a license or permit: 
a. Identification of the applicant's legal representatives, managerh, and the 
person/s handling the deal; 
b. Duplicates of contract agreement and other certification documents, 
c. Technical specification of the strategic goods, items, technologies, 
equipment and services; 
d. Certificate of end-user and declaration of end-use/s; 
e. Documents of guarantee from the receiving party that such strategic 
items/goods, technologies, equipment and services which are subject of 
such transaction will: 
1 )  Not be used for the development, production, acquisition or 
stockpiling of nuclear, biological, chemical weapons or missiles 
capable of delivering such weapons; 
2) Not be used for purposes other than the declared end-use without 
the consent of authorized Philippine agencies; and 
3) Not be transferred to any third party other than the declared end- 
user without the consent of authorized Philippine agencies. 
The Bureau of Customs shall be provided with copies of all documentations 
mentioned. 
SEC. 16. Obligations of Applicants. - Any person subject to the 
requirements of this Act shall keep a record of the transit, transshipment or re-export 
of strategic items/goods, technologies, equipment and services and all other 
information that may be required by the regulations for a period of five (5) years. 
Any person who, in connection with an application for permit or license or 
registration, or being required to give any information or document to an authorized 
officer, gives any information that is false or misleading in a material particular; or 
givers any documents which gives a statement or omits any matter which renders 
the document false or misleading in a particular material shall suffer the penalty of 
reclusion correcional in its medium and maximum period or imprisonment of not less 
than four (4) years and not more than six (6) years and a fine not to exceed one 
hundred thousand pesos (Php 100,000.00). 
SEC. 17. Confidentiality of Business Proprietary Information. - No 
information obtained as part of the license application may be disclosed to any non- 
government agency unless such disclosure is in the national security or foreign 


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policy interest of the Philippines or the same may facilitate progress of pending 
investigations. 
SEC. 18. Penalties for the Obsfruction in the Enforcemenf of this Act - It 
shall be unlawful for any person who, without lawful excuse, commits the following 
acts: 
a. Refuse any authorized officer/person. acting in his assistance, access to 
any conveyance or premises which the authorized officer/person is 
entitled under this Act; 
6. Obstructs or hinders any authorized officer/person in the execution of any 
powers conferred upon such authorized officerlperson; and 
c. Refuses to provide reasonable assistance to any authorized officer/person 
in the execution of any powers conferred upon such authorized 
officer/person in this Act. 
Any person who commits any of the acts herein mentioned shall suffer the 
penalty of imprisonment of six (6) months to one (1) year imprisonment, a fine not to 
exceed fifty thousand pesos (Php 50,000.00), or both. 
SEC. 19. Prosecution for the Violation of any Provision of this Act. - The 
following provides for the prosecution of cases for the violation of any provision of 
this Act: 
a. The Regional Trial Court (RTC) shall have jurisdiction to try and hear 
cases involving violations of this Act and its implementing regulations: 
b. The Department of Justice (DOJ) shall designate special prosecutors to 
exclusively handle cases in violation of this Act; 
c. The preliminary investigation of cases filed under this Act shall be 
terminated within a period of thirty (30) days from the date of filing; 
d. When the preliminary investigation is conducted by a public prosecutor 
and a probable cause is established, the corresponding information shall 
be filed in court within twenty-four (24) hours from the termination of the 
investigation. If the preliminary investigation is conducted by a judge and a 
probable cause is found to exist, the corresponding information shall be 
filed by the proper prosecutor within forty-eight (48) hours from the date of 
receipt of the record; and 
e. Trial of the case under this Act shall be finished by the court not later than 
ninety (90) days from the date of filing of the information. Decision on said 
cases shall be rendered within a period of fifteen (15) days from the date 
of submission of the resolution. 
TITLE IV - FINAL PROVISIONS 
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SEC. 20. lmplemenfing Rules and Regulations. - The constituted Strategic 
Items/Goods Trade Control Council shall, in consultation with all concerned 
agencies, promulgate within sixty (60) days the Implementing Rules and Regulations 
necessary to implement the provisions of this Act. 
SEC. 21. Appropriations. - The amount necessary to implement the 
provisions of this Act shall come from the General Appropriations Act. 
SEC. 22. Suppletory Application. - For purposes of this Act, the Revised 
Penal Code and other applicable laws shall have suppIetory application. 
SEC. 23. Separability Clause. - If any portion or provision of this Act is held 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions affected thereby. 
SEC. 24. Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations and other issuances or parts thereof which are inconsistent with this Act 
are hereby repealed, amended or modified accordingly. 
SEC. 25. Effectivity Clause. -This Act shall take effect fifteen (15) days after 
its complete publication in at least two (2) newspapers of general circulation. 
Approved,