1 
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by 
REPRESENTATIVES MARK O. COJUANGCO,  GLORIA MACAPAGAL-ARROYO, 
KRISTINE SINGSON-MEEHAN, MARIO VITTORIO “MARVEY”A. MARINO, 
RUFUS RODRIGUEZ, MOHAMMAD KHALID Q. DIMAPORO, DIVINA GRACE C. 
YU, RON P. SALO, CARLITO S. MARQUEZ, DAN FERNANDEZ, CHEENO 
MIGUEL D. ALMARIO, EDWARD S. HAGEDORN, ARNAN C. PANALIGAN, 
VIRGILIO S. LACSON, PETER B. MIGUEL, ROBERT ACE S. BARBERS, MICHAEL 
JOHN R. DUAVIT, LORNA C. SILVERIO, SALVADOR A. PLEYTO,  SERGIO C. 
DAGOOC, ARNOLFO “ARNIE” A. TEVES, JEYZEL VICTORIA C. YU, FAUSTINO 
“INNO” DY, MUNIR N. ARBISON, JR., RACHEL MARGUERITE “CUTIE” DEL 
MAR, JULIET MARIE D. FERRER, ROBERT RAYMUND ESTRELLA, JUAN 
CARLOS “ARJO” C. ATAYDE, ARTHUR F. CELESTE, JEFFERSON F. 
KHONGHUN, LORETO B. ACHARON, RICHARD I. GOMEZ, YEVGENY 
VINCENTE B. “BAMBIE” B. EMANO, PRESLEY C. DE JESUS 
AN ACT 
ESTABLISHING 
THE 
PHILIPPINE 
ATOMIC 
ENERGY 
REGULATORY 
AUTHORITY 
AND 
PROVIDING 
FOR 
A 
COMPREHENSIVE 
LEGAL 
FRAMEWORK FOR THE UTILIZATION OF NUCLEAR ENERGY IN THE 
PHILIPPINES 
EXPLANATORY NOTE 
This bill seeks to establish the Philippine Atomic Energy Regulatory Authority to be called 
“PhilATOM” and provide for a comprehensive technical and legal safety framework for 
the utilization and application of Nuclear Energy in the Philippines. 
The primary purpose of this proposed bill is to reflect internationally acceptable practices 
and to ensure that the Philippine national legislative and regulatory safety framework is 
consistent with the nation’s obligations under relevant international instruments. Being a 
State member, it is imperative for the State to subscribe to the safety standards suggested 
by the International Atomic Energy Authority (IAEA) to ensure adequate safety and 
security for the protection of the people and the environment on the peaceful use and 
February 3, 2023
9:00 am
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application of nuclear energy, both now and in the future. And so that we are not frowned 
upon as an aspiring energy user. 
In accordance with the approach utilized by most newcomer nuclear countries today, the 
primary precedent used for a regulatory bill is the Implementing Legislation of the IAEA. 
However, the IAEA Implementing Legislation was published in 2010 and it is outdated in 
certain areas, including due to the entry into force of the Amendment to the Convention on 
the Physical Protection of Nuclear Material and revisions to important IAEA guides. 
It is with this belief that, despite the filing of House Bill Nos. 371, 481, 526, 542,  3301, 
1255, 2103, 3898, 4822, 6030, and 7003; the Author have sought the assistance of 
experienced international lawyers headed by Atty. Helen Cook, in cooperation with the 
experts in the Philippine Nuclear Research Institute (PNRI) and the author himself, to 
streamline this bill and ensure that the Philippine national legislative and regulatory 
framework is consistent with the nation’s obligations under relevant international 
instruments. 
Despite the approval of a bill on third reading in the 17th Congress, it is the Author’s opinion 
that the present bill is more precise and explicit than what he has seen locally, as it draws 
from experience and insight we as yet do not have. Important in satisfying the international 
community of nuclear vendor countries, end users, and their concerns about safety and 
weapons proliferation which we need to satisfy, we are safeguarding with this legislation. 
Taking the lessons of the past, it is the purpose of the bill to ensure the independence of the 
regulatory body free from political influences and pressure from interest that may conflict 
or compromise with safety and regulation. In addition, it is imperative that certain 
safeguards are put in place to ensure a reliable Authority accepted and trusted not only by 
the public but also by the licensees in the performance of their duties and functions. 
This bill also seeks to legislate provisions which preclude or limit self-defeating 
obstructionist attitudes in the Authority’s hierarchy as well as to establish by law the 
politically accepted limits of radiation dose before which “danger” or “evacuation” may be 
declared 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
REP. MARK O. COJUANGCO 
Distrito Dos, Pangasinan 


3 
REP. KRISTINE SINGSON-MEEHAN 
2nd District, Ilocos Sur 
REP. CARLITO S. MARQUEZ 
REP. MARIO V 
5TH District, Batangas 
REP. MOHAMMAD KHALID Q. DIMAPORO 
1st District, Lanao Del Norte 
REP. DIVINA GRACE C. YU 
1st District, Zamboanga Del 
REP. RON P. SALO 
KABAYAN Party List 
REP. RUFUS RODRIGUEZ 
2nd District, Cagayan 
REP. DAN FERNANDEZ 
Lone District, Santa Rosa City 
REP. CHEENO MIGUEL D. ALMARIO 
2nd District, Davao Oriental 
REP. EDWARD S. HAGEDORN 
3rd District, Palawan 
REP. ARNAN C. PANALIGAN 
1st District, Oriental Mindoro 
REP. VIRGILIO S. LACSON 
MANILA TEACHERS Party 
REP. ROBERT ACE S. 
2nd District, Surigao Del Norte 


4 
 
 
 
REP. SALVADOR A. PLEYTO 
6th District, Bulacan 
 
 
 
 
 
 
 
REP. SERGIO C. DAGOOC 
APEC Party List 
REP. ARNOLFO “ARNIE” A. TEVES 
3rd District, Negros Oriental 
 
 
 
 
 
REP. JEYZEL VICTORIA C. YU 
2nd District, Zamboanga Del Sur 
REP. FAUSTINO “INNO” DY 
6th District, Isabela 
 
 
 
 
 
REP. MUNIR N. ARBISON, JR 
2nd District, Sulu 
REP. RACHEL MARGUERITE “CUTIE” DEL MAR 
1st District, Cebu 
 
 
 
 
 
REP. JULIET MARIE D. FERRER 
4th District, Negros Occidental 
REP. ROBERT RAYMUND ESTRELLA 
ABONO Party List 
 
 
 
 
 
 
REP. ARTHUR F. CELESTE 
1st District, Pangasinan 
 
 
 
 
 
REP. JEFFERSON F. KHONGHUN 
1st District, Zambales 
 
REP. LORETO B. ACHARON 
Lone District, General Santos City 
 
 
 
 
REP. YEVGENY VINCENTE B. “BAMBIE” B. EMANO 
2nd District, Misamis Oriental 
 
 
 
 


1 
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by 
REPRESENTATIVES MARK O. COJUANGCO,  GLORIA MACAPAGAL-ARROYO, 
KRISTINE SINGSON-MEEHAN, MARIO VITTORIO “MARVEY”A. MARINO, 
RUFUS RODRIGUEZ, MOHAMMAD KHALID Q. DIMAPORO, DIVINA GRACE C. 
YU, RON P. SALO, CARLITO S. MARQUEZ, DAN FERNANDEZ, CHEENO 
MIGUEL D. ALMARIO, EDWARD S. HAGEDORN, ARNAN C. PANALIGAN, 
VIRGILIO S. LACSON, PETER B. MIGUEL, ROBERT ACE S. BARBERS, 
MICHAEL JOHN R. DUAVIT, LORNA C. SILVERIO, SALVADOR A. PLEYTO,  
SERGIO C. DAGOOC, ARNOLFO “ARNIE” A. TEVES, JEYZEL VICTORIA C. YU, 
FAUSTINO “INNO” DY, MUNIR N. ARBISON, JR., RACHEL MARGUERITE 
“CUTIE” DEL MAR, JULIET MARIE D. FERRER, ROBERT RAYMUND 
ESTRELLA, JUAN CARLOS “ARJO” C. ATAYDE, ARTHUR F. CELESTE, 
JEFFERSON F. KHONGHUN, LORETO B. ACHARON, RICHARD I. GOMEZ, 
YEVGENY VINCENTE B. “BAMBIE” B. EMANO, PRESLEY C. DE JESUS 
AN ACT 
ESTABLISHING 
THE 
PHILIPPINE 
ATOMIC 
ENERGY 
REGULATORY 
AUTHORITY 
AND 
PROVIDING 
FOR 
A 
COMPREHENSIVE 
LEGAL 
FRAMEWORK FOR THE UTILIZATION OF NUCLEAR ENERGY IN THE 
PHILIPPINES 
ARTICLE 1: 
OBJECTIVES AND INTERPRETATION 
Section 1. Short Title 
This Act shall be known as the “Philippine National Nuclear Energy Act”. 
Section 2. Declaration of Policy 
It is hereby declared to be the policy of the Philippines to: 
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a) Harness the peaceful, safe and secure use of nuclear energy to provide benefits to the
Philippines in the fields of energy production, health and medicine, scientific research,
agriculture, industry, education and others; and
b) Use nuclear energy only for peaceful purposes, such that all facilities and activities
related to the acquisition or development of nuclear explosives, radiological dispersal
devices and other non-peaceful uses of nuclear or other radioactive material or
technology, including assisting others, are strictly prohibited.
Section 3. Objectives 
The objectives of this Act are to: 
a) Establish a legal framework, to be implemented by the Authority, including through
the issuance of regulations, to govern and facilitate the peaceful, safe and secure uses
of nuclear energy;
b) Protect people and the environment, now and in the future, against the harmful effects
of ionizing radiation;
c) Establish the Philippine Atomic Energy Regulatory Authority with the functions and
responsibilities set forth in this Act; and
d) Enable the Philippines to meet its international obligations associated with the use of
nuclear energy.
Section 4. Scope 
1) This Act shall apply to all regulated facilities and activities in the territory, or under the
jurisdiction or control, of the Philippines.
2) This Act shall not apply to facilities or activities that have been excluded from regulatory
control through regulations issued by the Authority.
Section 5. Definitions 
1) For the purposes of this Act:
Authority means the Philippine Atomic Energy Regulatory Authority, otherwise known as
“PhilATOM”.


 
3 
 
Authorization means written permission (in the form of a license, certificate, registration 
or other approval) granted by the Authority to a person to conduct specified activities.  
Authorized Party means the holder of an authorization.  
Clearance means the removal of regulatory control by the Authority from radioactive 
material or radioactive objects within authorized facilities and activities. 
Controlled Items means nuclear related items specified in INFCIRC/254/Part 1 and are 
also known as ‘trigger list items’ in the Nuclear Suppliers Group’s guidelines and dual-
use items specified in INFCIRC/254/Part 2, in both cases including components thereof. 
Decommissioning means administrative and technical actions taken to allow the removal 
of some or all of the regulatory controls from a facility.  
Device means (a) any nuclear explosive device; or(b) any radioactive material dispersal 
or radiation-emitting device which may, owing to its radiological properties, cause 
death, serious bodily injury or substantial damage to property or to the environment. 
Disposal means the emplacement of waste in an appropriate facility without the intention 
of retrieval. 
Dose Limit means the value of the effective dose or the equivalent dose to individuals in  
planned exposure situations that is not to be exceeded. 
Effective Dose has the meaning given to it in the relevant IAEA Safety Standard.  
Equivalent Dose has the meaning given to it in the relevant IAEA Safety Standard.  
Exclusion or excluded means the deliberate exclusion of a particular type of exposure from 
the scope of an instrument of regulatory control on the grounds that it is not considered 
amenable to control through the regulatory instrument in question. 
Exemption or exempt means the determination by a regulatory body that a source or 
practice need not be subject to some or all aspects of regulatory control on the basis that 
the exposure and the potential exposure due to the source or practice are too small to 
warrant the application of those aspects or that this is the optimum option for protection 
irrespective of the actual level of the doses or risks. 
Export means the transfer of nuclear or other radioactive material out of the Philippines.  
IAEA means the International Atomic Energy Agency.  
IAEA Safety Standards means the publications produced by the IAEA in its Safety 
Standards Series. 


 
4 
 
Import means the transfer of nuclear or other radioactive material into the Philippines. 
Intervention means any action intended to reduce or avert exposure or the likelihood of 
exposure due to sources that are not part of a controlled practice or that are out of control 
as a consequence of an accident. 
Ionizing radiation, for the purposes of radiation protection, means radiation capable of 
producing ion pairs in biological materials. 
Nuclear energy, also called atomic energy, means any form of energy released in the 
course of nuclear fission, nuclear fusion or any other nuclear transmutation. 
Nuclear facility means a facility (including associated buildings and equipment) in 
which nuclear material is produced, processed, used, handled, stored or disposed of. 
Nuclear material means plutonium except that with isotopic concentration exceeding 80% 
in plutonium-238,uranium-233, uranium enriched in the isotope 235 or 233, uranium 
containing the mixture of isotopes as occurring in nature other than in the form of ore or 
ore residue, any material containing one or more of the foregoing or any other material the 
Authority determines should be classified as nuclear material. 
Nuclear or radiological emergency means an emergency in which there is, or is perceived 
to be, a hazard due to: (a) the energy resulting from a nuclear chain reaction or from the 
decay of the products of a chain reaction; or (b) radiation exposure. 
Orphan source means a radioactive source which is not under regulatory control, either 
because it has never been under regulatory control or because it has been abandoned, lost, 
misplaced, stolen or transferred without proper authorization. 
Person means natural or legal person. 
Practice means any human activity that introduces additional sources of exposure or 
additional exposure pathways, or that modifies the network of exposure pathways from 
existing sources, so as to increase the exposure or the likelihood of exposure of people or 
the number of people exposed.  
Radiation source means a radiation generator, or a radioactive source or other radioactive 
material outside the nuclear fuel cycles of research and power reactors. 
Radiation generator means a device capable of generating ionizing radiation, such as X 
rays, neutrons, electrons or other charged particles, that may be used for scientific, 
industrial or medical purposes. 


 
5 
 
Radioactive source means a source containing radioactive material that is used as a source 
of radiation. 
Radioactive material means (a) a radioactive source; (b) nuclear material; (c) a substance 
that is capable of releasing nuclear energy or is required for the production or use of 
nuclear energy; (d) a radioactive by-product of the development, production or use of 
nuclear energy; and (e) any other material that the Authority determines should be 
classified as radioactive material.  
Radioactive waste means material for which no further use is foreseen that contains, or is 
contaminated with, radionuclides at activity concentrations greater than clearance levels 
as established by the regulatory body.  
Safeguards Agreements means the Agreement between the Republic of the Philippines 
and the IAEA for the Application of Safeguards in connection with the Treaty on Non-
Proliferation of Nuclear Weapons and the Protocol Additional to the Agreement between 
the Republic of the Philippines and the IAEA for the Application of Safeguards in 
connection with the Treaty on the Non-Proliferation of Nuclear Weapons. 
Safety means the achievement of proper operating conditions, prevention of accidents and 
mitigation of accident consequences, resulting in protection of workers, the public and the 
environment from undue radiation risks.  
Security means the prevention and detection of, and response to, criminal or intentional 
unauthorized acts involving or directed at nuclear material, other radioactive material, 
associated facilities or associated activities. 
Source means anything that may cause radiation exposure — such as by emitting ionizing 
radiation or by releasing radioactive substances or radioactive material — and can be 
treated as a single entity for purposes of protection and safety.  
Spent fuel means nuclear fuel removed from a reactor following irradiation that is no 
longer usable in its present form.  
Transport means the deliberate physical movement of radioactive material (other than that 
forming part of the means of propulsion) from one place to another.  
2) Notwithstanding Section 5.1, where a term has a particular meaning in an international 
instrument to which the Philippines is a party, it shall have that meaning when used in the 
relevant context. 
 


 
6 
 
ARTICLE2: 
ESTABLISHMENT AND FUNCTIONS OF THE PHILIPPINE ATOMIC ENERGY 
REGULATORY AUTHORITY 
Section 6. Establishment of the Authority 
1) The Philippine Atomic Energy Regulatory Authority, otherwise known as “PhilATOM” 
or the “Authority”, is hereby established as an independent authority.  
2) The Authority shall have sole and exclusive jurisdiction to exercise regulatory control for 
the peaceful, safe and secure uses of nuclear energy and radiation sources in the 
Philippines. 
3) All regulatory functions of the Philippine Nuclear Research Institute are hereby 
transferred to the Authority. 
4) All regulatory functions regarding devices generating ionizing radiation of the Radiation 
Regulation Division of the Center for Device Regulation, Radiation, Health and Research 
of the Department of Health – Food and Drug Administration are hereby transferred to the 
Authority. 
5) The regulatory functions of all other Government authorities or agencies of the Philippines 
with jurisdiction, functions and authorities with respect to nuclear energy and radiation 
sources are hereby transferred to the Authority. 
6) To the extent other Philippine authorities have functions and responsibilities that intersect 
with the functions and responsibilities of the Authority, effective coordination of these 
functions and responsibilities shall be ensured to avoid omissions, undue duplication or 
conflicting requirements being placed on authorized parties, at all times respecting the sole 
and exclusive jurisdiction of the Authority as set forth in this Act. 
 
Section 7. Director General and Deputy Director Generals of the Authority  
1) The head of the Authority shall be the Director General who shall be appointed by the 
President of the Philippines for a term of five (5) years, renewable for subsequent terms 
of five (5) years.   
2) The Director General shall be assisted by four (4) Deputy Director Generals, who shall be 
appointed by the President of the Philippines for terms of five (5) years, four (4) years, 
three (3) years and two (2) years, respectively, renewable in all cases for subsequent terms 
of five (5) years.  


 
7 
 
3) The Director General and Deputy Director Generals must not have a conflict of interest 
with the functions of the Authority, must have sufficient scientific, technical or other 
relevant qualifications and must have a demonstrated history of maintaining positions of 
trust and confidence. It is advised that the Director General and Deputy Director Generals 
should not have a history of advocating against, or otherwise taking positions that are 
contrary to, the utilization of nuclear energy in the Philippines. 
4) The Director General and Deputy Director Generals may be removed by the President of 
the Philippines only in the case of non-compliance with this Act, malfeasance, abuse of 
office, physical or mental incapacity for more than 90 days, requirements of public interest 
or conviction of a criminal act.   
 
Section 8. Organization of the Authority, Human and Financial Resources 
1) The PhilATOM Council shall be the highest body of the Authority. The 
PhilATOMCouncil shall be comprised of the Director General and the Deputy Director 
Generals. The Director General shall be the Chairperson of the PhilATOM Council.  
2) The PhilATOM Council shall meet at the direction of the Chairperson, at least once every 
two (2) months. The PhilATOM Council shall be quorate if the majority of the members, 
including the Chairperson, are present. Decisions of the PhilATOM Council shall be taken 
by majority vote. 
3) The PhilATOM Council shall have the following functions and responsibilities: 
a) Establish the general policy of the Authority and its strategic plans; 
b) Adopt the annual budget and balance sheet of the Authority; 
c) Adopt the organizational structure of the Authority; 
d) Issue regulations, standards and guides of the Authority; 
e) Adopt the schedule of fees and charges for authorizations; 
f) Issue authorizations for nuclear facilities; and 
g) Any other functions designated by the President. 
4) The Director General shall be responsible for the overall management of the Authority 
and shall supervise the administrative, technical and financial affairs of the Authority.  
5) The Authority shall be provided with adequate financial resources, through the national 
budget, to fulfil its responsibilities under this Act and applicable regulations. 


 
8 
 
6) The Director General shall be responsible for determining the organization of the 
Authority and appointing human resources to the Authority.   
7) The Authority shall employ a sufficient number of qualified and competent human 
resources, commensurate with the nature and the number of facilities and activities to be 
regulated, to perform its functions and to discharge its responsibilities. 
8) Human resources appointed to the Authority shall not have any direct or indirect interest 
in facilities and activities or authorized parties beyond the interest necessary for regulatory 
purposes. 
9) The Authority shall be responsible for developing its own budget and for presenting it to 
the Department of Budget and Management for submission to Congress for approval. The 
initial budget of the Authority will be the then current budgets of (i) the regulatory 
functions of the Philippine Nuclear Research Institute, (ii) the Radiation Regulation 
Division of the Center for Device Regulation, Radiation, Health and Research of the 
Department of Health – Food and Drug Administration; and (iii)the regulatory functions 
of all other Government authorities or agencies of the Philippines that are transferred to 
the Authority pursuant to Section 6.5 of this Act. 
10) The Authority shall establish a schedule of fees and charges for authorizations in 
accordance with the financial rules and procedures of the Philippines, Provided that,  the 
totality of fees shall not exceed Php 0.02/kWh indexed to 2023 Peso value. 
11) The Authority shall establish and implement a management system that is aligned with its 
safety goals and contributes to their achievement.  The management system shall be 
continuously assessed and improved. 
 
Section 9. Regulatory Functions and Responsibilities 
1) The Authority shall exercise the following functions and responsibilities: 
a) Assist the Government of the Philippines in the development of national policies and 
measures for the control of regulated facilities and activities; 
b) Issue regulations, standards and guides necessary for the implementation of this Act; 
c) Review and assess applications for authorizations and other information submitted to 
it by prospective and existing authorized parties; 
d) Issue, suspend, modify, renew and revoke authorizations and set terms and conditions 
of such authorizations; 


 
9 
 
e) Define exclusions from regulatory control; 
f) Establish and maintain a national register of radiation sources; 
g) Inspect, monitor and assess facilities and activities for the purpose of verifying 
compliance with this Act, applicable regulations and the terms and conditions of 
authorizations; 
h) Take enforcement measures in the event of non-compliance with this Act, applicable 
regulations or the terms and conditions of authorizations; 
i) Inform and consult with the public and other stakeholders regarding regulatory 
processes through appropriate mechanisms and procedures that shall be established by 
it; 
j) Cooperate with the IAEA; 
k) Cooperate with and advise other governmental or non-governmental bodies in the 
Philippines having competence in health and safety, environmental protection, land 
use and planning, emergency planning, security, and transportation of dangerous 
goods; 
l) Exchange information and cooperate directly with regulatory bodies in other States 
and with relevant international organizations concerning matters arising from its 
functions and responsibilities; 
m) Establish a training center for the human resources of the Authority with respect to the 
mandate and areas of competency of the Authority; 
n) Install and maintain a radiation monitoring center; 
o) Establish and maintain an emergency response center and a security support center; 
p) Conduct research in areas related to its mandate; and 
q) Any other functions and responsibilities that are necessary in its judgement to fulfil its 
mandate as set forth in this Act. 
2) In extreme circumstances and as a measure of last resort, the Authority may take 
temporary custody of any nuclear or other radioactive material or regulated facility. 
3) The Authority shall ensure that regulatory control is stable and consistent.  
4) Further to Section 9.1b), the Authority shall issue regulations, standards and guides to 
specify the principles, requirements and associated criteria upon which its regulatory 
judgements, decisions and actions are based. Regulations, standards and guides shall be: 


 
10 
 
a) reviewed and revised by the Authority as necessary to keep them up to date, with due 
consideration of relevant international safety standards and technical standards and of 
relevant experience; and 
b) set forth principles, requirements and associated criteria commensurate with the 
radiation risks associated with the facilities and activities, in accordance with a graded 
approach. 
5) The Authority shall establish processes for issuing and amending regulations, standards 
and guides that includes consultation with interested parties.  
6) The Authority shall make public its regulations, standards and guides once issued. 
 
Section10. Transparency and Protection of Information 
The Authority shall promote transparency in the exercise of its functions and responsibilities, 
while at all times protecting information: 
a) That is classified, sensitive or proprietary; or 
b) The disclosure of which may prejudice nuclear security or nuclear safeguards. 
 
Section 11. Advisory Bodies and Consultants 
1) The Authority may obtain the advice of experts in the performance of its functions and 
responsibilities, including through hiring consultants and technical support organizations 
and establishing advisory bodies. 
2) The Authority shall ensure that advice received from outside experts or bodies is provided 
in a manner that avoids any conflicts of interest or improper influence on its regulatory 
decision-making. 
 
ARTICLE3: 
AUTHORIZATION, INSPECTION AND ENFORCEMENT 
Section12. Regulated Facilities and Activities 
It is prohibited to carry out the following without an authorization issued by the Authority: 
a) the siting, construction, commissioning, operation and decommissioning of a nuclear 
facility or a radiation generator; 


 
11 
 
b) the possession, manufacture, handling, transport, storage or disposal of radioactive 
material; 
c) all radioactive waste management activities; 
d) the import or export of controlled items to or from the Philippines; and 
e) any other activity or practice through which people or the environment may be subject 
to radiation risks as determined by the Authority and which is not exempt or excluded 
by the Authority. 
 
Section 13. Authorization Process 
1) The applicant shall be required to submit an adequate demonstration of safety in support of 
an application for the authorization of a regulated facility or an activity. 
2) The Authority shall make publicly available in regulations, standards and guides (as 
appropriate) information on the authorization process, including: 
a) Procedures and schedules for applications, including review and assessment of 
applications and issuance of authorizations; 
b) Criteria to be considered in authorization decisions made by the Authority including 
issuance, suspension, modification, renewal, revocation and relinquishment of 
authorizations; 
c) Conditions or qualifications that must be met by the applicant for an authorization; 
d) Procedures and requirements for public participation in the authorization process; and 
e) Procedures and requirements for the release of information concerning the 
authorization process, including measures for the protection of information identified 
in Section10. 
 
Section14. Authorizations for Nuclear Facilities 
1) The Authority shall issue regulations, standards and guides (as appropriate) for the siting, 
design, construction, commissioning, operation and decommissioning of nuclear facilities.  
2) In developing regulations, standards and guides with respect to authorizations for nuclear 
power plants, the Authority shall: 


 
12 
 
a) Facilitate harmonization with IAEA Safety Standards and give due consideration to 
compatibility with the relevant regulatory regime(s) of the country-of-origin of the 
standard design or reference plant; and 
b) Promote maximum utilization by the applicant of the safety case for a standard design 
or the reference plant. 
3)  
A. The Authority shall conduct an independent review and assessment of an application 
with respect to an authorization for a nuclear power plant which: 
a) Enables maximum utilization of the safety assessment conducted by an experienced 
foreign nuclear regulatory body of a standard design or the reference plant; and  
b) Applies a graded approach that prioritizes safety significant items, deviations from the 
standard design or reference plant design and site-specific and applicant-specific 
matters, or; 
B. The Authority shall conduct an independent review and assessment of an application 
with respect to an authorization for a nuclear power plant provided that: 
a) The Authority may accept the safety assessment of an experienced foreign nuclear 
regulatory body of a standard design or the reference plant; and 
b) Notwithstanding paragraph a) the Authority shall:  
(i) 
Ensure maximum utilization of the safety assessment conducted by an 
experienced foreign nuclear regulatory body of a standard design or the 
reference plant; and  
(ii) 
Apply a graded approach that prioritizes safety significant items, deviations 
from the standard design or reference plant design and site-specific and 
applicant-specific matters.  
B. With respect to an application for authorization to construct a nuclear power plant, the 
Authority shall accept the safety assessment of the standard design or the reference 
plant:  
a) For those parts of the design that are the same as the standard design or the reference 
plant design; and 
b) Where the safety assessment of the standard design or the reference plant design was 
conducted not more than ten (10) years ago by an experienced foreign nuclear 


 
13 
 
regulatory body from a country that is a member or strategic partner of the Nuclear 
Energy Agency of the Organization for Economic Cooperation and Development 
For those parts of the design that deviate from the standard design or the reference 
plant design, the Authority shall conduct an independent review and assessment of an 
application with respect to an authorization for a nuclear power plant which:  
a) Enables maximum utilization of the safety assessment conducted by an experienced 
foreign nuclear regulatory body of a standard design or the reference plant; and  
b) Applies a graded approach that prioritizes safety significant items and site-specific and 
applicant-specific matters 
 
4. The Authority and the applicant shall establish a proposed authorization timeline which 
shall facilitate predictable project deployment. Such timeline shall be for a period of 
Twelve (12) months in duration but in no case shall it exceed Eighteen (18) months. 
5. The Authority shall establish a system for the authorization of individuals to conduct 
activities or practices associated with the operation of nuclear facilities.  
6. As a condition of an authorization to operate a nuclear power plant, the amount of PhP 
0.06 per kilowatt hour of electricity generated from the use of nuclear energy for 
commercial power generation shall be set aside to establish a Radioactive Waste 
Management Fund.  
7. As a condition of an authorization to operate a nuclear power plant, the amount of PhP 
0.06 per kilowatt hour of electricity generated from the use of nuclear energy for 
commercial power generation shall be set aside to establish a Decommissioning Fund. 
Section 15. Rejection, Suspension, Modification, Renewal, Revocation or Relinquishment 
of Authorizations and Cessation of Authorized Activities 
1) A decision by the Authority to reject an application for an authorization or to suspend, 
modify or revoke an authorization shall be accompanied by written explanation of the 
reasons provided to the applicant or authorized party.  
2) Any authorization issued pursuant to this Act may be suspended, modified or revoked by 
the Authority: 


 
14 
 
a) In the event of a violation of its terms and conditions; 
b) When the conditions under which it was issued are no longer met; or  
c) In circumstances where the Authority determines that continued activity under the 
authorization would pose an unacceptable risk to people or the environment,  
provided that, in the cases of sub-Section 2a) and b), the authorized party is afforded the 
opportunity to demonstrate compliance with the terms and conditions of the relevant 
authorization. 
3) Upon the suspension, revocation, or expiration of an authorization which is not renewed, 
the authorized party shall be required to take such measures as may be necessary to protect 
people and the environment from the harmful effects of radiation, and ensure the security 
of nuclear and other radioactive material and associated facilities.  
4) An authorized party may not transfer an authorization.  
5) An authorization shall automatically cease to be valid when any time limit established by 
regulation or term or condition of the authorization has expired. 
6) An authorized party ceasing an authorized activity or practice, or relinquishing an 
authorization, shall inform the Authority prior to the cessation of that activity or practice 
or relinquishment of an authorization and shall be released from regulatory control only 
upon a determination by the Authority that all relevant terms and conditions of an 
authorization have been complied with and cessation or relinquishment shall not jeopardize 
the protection of people or the environment. 
 
Section 16. Prime Responsibility 
The person responsible fora facility or activity: 
a) Has the prime responsibility for the safe and secure conduct of that facility or activity; 
b) Shall ensure and demonstrate compliance with this Act, applicable regulatory 
requirements and terms and conditions of an authorization (as applicable); and 
c) Shall provide the Authority with all requested assistance in the performance of its 
regulatory functions. 
Section 17. Inspection 


 
15 
 
1) The Authority shall establish an inspection program to monitor compliance with the 
requirements of this Act, applicable regulations, and the terms and conditions of 
authorizations issued by it. 
2) The Authority shall formally appoint inspectors possessing required qualifications and 
training and shall issue them with appropriate credentials. 
3) The Authority has the power to conduct inspections, obtain information, question persons 
and to carry out any other examination as may be necessary to verify compliance with the 
provisions of this Act, applicable regulations and the terms and conditions of authorizations 
issued by it.   
4) Inspectors may have access at any time to all parts of the premises or facilities where 
activities or practices are carried out.  
5) Inspections shall include programmed inspections and reactive inspections, both 
announced and unannounced. 
6) The Authority has the power to station inspectors at premises or facilities where activities 
and practices are carried out where this is determined by the Authority to be necessary. 
7) Inspection results shall be documented and recorded and be made available to relevant 
officials, the authorized party and other entities as a basis for corrective or enforcement 
action or for development of the regulatory process.  
Section 18. Enforcement 
1) The Authority shall establish and implement an enforcement policy for responding to non-
compliance by authorized parties with his Act, applicable regulations or the terms and 
conditions of an authorization. 
2) Where an authorized party or other person or entity is found to be in non-compliance with 
this Act, applicable regulations or the terms and conditions of an authorization, the 
Authority shall take enforcement action commensurate with the seriousness of the non-
compliance. Any enforcement action shall be reviewed and approved by the Director 
General.  


 
16 
 
3) The authorized party or other person or entity subject to enforcement action shall take the 
necessary measures to remedy the non-compliance as soon as possible, as required by the 
Authority, and take the necessary measures to prevent a recurrence. 
4) A report shall be issued by the Authority containing relevant findings and identifying the 
evidentiary basis for the findings and enforcement action. This report shall be made 
available to the authorized party. The authorized party shall have the right to submit 
additional information or appeal a decision by the Authority within time periods to be 
defined in regulations or provided for administrative appeal or judicial review. 
5) Enforcement actions shall continue to be in force unless and until: 
a) Withdrawn by the relevant inspector; 
b) Reversed or modified by action of the Authority; or 
c) Altered through an administrative appeal or judicial review.   
 
ARTICLE4: 
RADIATION PROTECTION 
Section19. Existing Regulations 
All existing regulations, rules and orders relating to radiation protection shall remain in force 
until superseded by the regulations, standards and guides issued by the Authority. 
Section 20. Radiation Protection 
The Authority shall establish a system of control over radioactive sources and devices in which 
such sources are incorporated to ensure that they are safely managed and securely protected 
during their useful lives and at the end of their useful lives, in accordance with the 
recommendations and guidance of the International Commission on Radiological Protection 
and implementation of the relevant requirements of the IAEA. 
ARTICLE5: 
EMERGENCY PREPAREDNESS AND RESPONSE 
Section 21. Emergency Plans 


 
17 
 
1) No authorization to conduct a regulated activity or practice may be granted unless and 
until an appropriate emergency preparedness and response plan has been developed by the 
applicant and approved by the Authority.  
2) The Authority shall establish, by regulations or terms and conditions in an authorization, 
a requirement that on-site emergency preparedness and response plans be prepared and 
approved for any nuclear facility or activity, practice or source that could give rise to a 
need for emergency intervention. 
3) In the preparation of emergency preparedness and response plans the following shall be 
taken into account: 
a) An assessment of the nature, likelihood and potential magnitude of resulting damage, 
including the population and territory at risk from an accident, malicious act or 
incident; 
b) The results of any accident analyses and any lessons learned from experience and/or 
incidents and accidents that have occurred in connection with similar facilities or 
activities; and 
c) Coordination with off-site emergency preparedness and response plans. 
4) Preparation of emergency preparedness and response plans for facilities, activities, 
practices or sources that could involve significant nuclear or radiological damage shall be 
coordinated with all relevant emergency intervention or response organizations. 
5) Emergency plans shall be periodically reviewed, updated and tested. 
6) In the event of a nuclear or radiological emergency, the authorized party shall implement 
the emergency preparedness and response plan as approved by the Authority. 
 
Section22. National Plan for Nuclear or Radiological Emergencies 
1) A national emergency plan for responding to potential nuclear or radiological emergencies 
shall be developed and maintained by the National Disaster Risk Reduction and 
Management Council of the Department of National Defense and approved by the 
Secretary of the Department.   
2) The national emergency plan for responding to nuclear or radiological emergencies shall 
be developed and maintained based on recommendations of the Authority. 


 
18 
 
3) The national emergency plan for responding to nuclear or radiological emergencies shall 
include an allocation of responsibilities and actions among relevant governmental and 
non-governmental bodies, including arrangements for communications and public 
information. 
Section23. Transboundary Emergencies 
1) In the event of a nuclear or radiological emergency that poses a risk that radioactive 
contamination could spread beyond the boundaries of the Philippines, the Government of 
the Philippines shall immediately notify the IAEA and the relevant authorities of any State 
which is or may be physically affected by a release that could be of radiological 
significance for that State. 
2) The Authority shall serve as the point of contact for providing any information or 
assistance regarding nuclear or radiological emergencies under the terms of relevant 
international instruments to which the Philippines is a party.  
ARTICLE6: 
NUCLEAR SECURITY 
Section24. Regulation of Physical Protection 
1) The Authority shall establish requirements for the physical protection of nuclear material 
in use, storage and transport and of nuclear facilities based on a graded approach to: 
a) Protect against theft and other unlawful taking of nuclear material and other 
radioactive material; 
b) Implement rapid and comprehensive measures to locate and recover missing or stolen 
nuclear material or other radioactive material; 
c) Protect nuclear material and nuclear facilities against sabotage; and 
d) Mitigate or minimize the radiological consequences of sabotage. 
2) The requirements established by the Authority shall include: 
a) Authorization requirements and procedures that include conditions for physical 
protection; 
b) Inspection and monitoring measures to verify compliance with applicable physical 
protection requirements; and 
c) Enforcement measures in case of non-compliance with this Act, applicable regulations 
or terms and conditions of authorizations. 


 
19 
 
3) During international transport of nuclear material (including within the territory of the 
Philippines, and on board a ship or aircraft under its jurisdiction and engaged in transport 
to or from the Philippines), physical protection measures shall be applied to different 
categories of nuclear material in accordance the relevant international instruments to 
which the Philippines is a party. 
4) The export, import or transit of nuclear material from, to or within the Philippines shall 
not be authorized unless the Philippines has received assurances that such material shall 
be protected during international nuclear transport in accordance with the relevant 
international instruments to which the Philippines is a party. 
5) The Authority shall coordinate with other relevant Government security authorities in 
connection with the requirements for the physical protection of nuclear material.  
 
Section25. Physical Protection — Responsibilities of the Authorized Person 
1) The authorized party (or holder of the relevant authorizing documents in the case of 
international transportation) has the prime responsibility for the implementation of 
physical protection of nuclear material and nuclear facilities.  
2) Where there has been a theft, robbery or other unlawful taking, credible threat of unlawful 
taking, or loss of nuclear or other radioactive material, the authorized party shall: 
a) Notify the Authority without delay of the incident and circumstances thereof; 
b) Provide a written report, including particulars, to the Authority as soon as practicable 
after providing notice; and 
c) Provide the Authority with any additional information requested. 
 
Section26. International Cooperation and Assistance 
1) The Authority shall serve as the point of contact for matters related to physical protection 
under the terms of relevant international instruments to which the Philippines is a party, 
including with respect to cooperation and assistance arrangements with other States and 
international organizations.  
2) In the event of theft, robbery or other unlawful taking, credible threat of unlawful taking 
or loss of nuclear or other radioactive material, the Authority shall take appropriate steps 
as soon as possible to inform other States or international organizations that may be 


 
20 
 
affected of the circumstances of the incident in accordance with the relevant international 
instruments to which the Philippines is a party. 
3) The Authority shall be the central authority in the Philippines responsible for coordinating 
recovery and response in the event of any theft, robbery or other unlawful taking or loss 
of nuclear material or radioactive material.  
 
Section27. Protection of Confidential Information 
1) No person shall disclose confidential information relating to the physical protection of 
nuclear material or nuclear facilities. 
2) A person who discloses confidential information relating to the physical protection of 
nuclear material or nuclear facilities shall be guilty of an offence. 
 
Section 28. Handling of Radioactive/Nuclear Material and Devices 
1) Whoever, without lawful authority, receives, possesses, transfers, alters, or disposes of 
radioactive/nuclear material or possesses a device: 
a) with the intent to cause: 
(i) 
death or serious bodily injury; or 
(ii) 
substantial damage to property or to the environment; or 
b) which causes or is likely to cause death or serious injury to any person or 
substantial damage to property or to the environment, 
shall be punished with penalties which take into account the grave nature of those 
offences. 
2) Whoever commits: 
a) a theft or robbery of radioactive/nuclear material; 
b) an embezzlement or fraudulent obtainment of radioactive/nuclear material; or 
c) an act which constitutes the carrying, sending, or moving of radioactive material 
into or out of a State without lawful authority 
shall be punished with penalties which take into account the grave nature of those 
offences. 


 
21 
 
3) Whoever threatens to commit an offence set forth in sub-Section 2a) of this Sectionin 
order to compel a person, international organization or State to do or to refrain from doing 
any act shall be punished with penalties which take into account the grave nature of those 
offences. 
4) Whoever demands radioactive/nuclear material or a device by threat, or by use of force, 
or by any other form of intimidation, under circumstances which indicate the credibility 
of the threat shall be punished with penalties which take into account the grave nature of 
those offences. 
 
Section 29. Use of Radioactive/Nuclear Material 
1) Whoever, without lawful authority, uses or disperses in any way radioactive/nuclear 
material or uses or makes a device: 
a) with the intent to cause: 
i. death or serious bodily injury; or 
ii. substantial damage to property or to the environment; or 
b) to compel a person, an international organization, or a State to do or refrain from doing 
an act; or 
c) which causes or is likely to cause death or serious injury to any person or substantial 
damage to property or to the environment, 
shall be punished with penalties which take into account the grave nature of those offences. 
2) Whoever threatens to commit the offence set forth in sub-Section 1 of this Article shall be 
punished with penalties which take into account the grave nature of those offences. 
 
Section 30. Offences Relating to Nuclear Facilities 
1) Whoever uses or damages a nuclear facility, interferes with its operation, or commits any 
other act directed against a nuclear facility in a manner which releases or risks the release 
of radioactive material: 
a) with the intent to cause: 
i. death or serious bodily injury; or 
ii. substantial damage to property or to the environment; or 


 
22 
 
b) with knowledge that the act is likely to cause death or serious injury to any person or 
substantial damage to property or to the environment by exposure to radiation or 
release of radioactive substances (unless the act is undertaken in conformity with the 
national law of the State Party in the territory of which the nuclear facility is situated); 
or  
c) to compel a person, an international organization or a State to do or refrain from doing 
an act,  
shall be punished with penalties which take into account the grave nature of those offences. 
2) Whoever threatens to commit an offence set forth in sub-Section 1 of this Article shall be 
punished with penalties which take into account the grave nature of those offences. 
3) Whoever demands a nuclear facility by threat or by use of force or by any other form of 
intimidation, under circumstances which indicate the credibility of the threat shall be 
punished with penalties which take into account the grave nature of those offences. 
 
Section 31. Jurisdiction 
The Philippines shall have jurisdiction over the offences set forth in this Article 6 as follows: 
a) When the offence is committed within the territory of the Philippines or on board a ship 
or aircraft registered in the Philippines; 
b) When the alleged offender is a national or permanent resident of the Philippines; 
c) When the alleged offender is present in the territory of the Philippines and is not extradited 
to any other State asserting jurisdiction; and 
d) When an act is done outside the Philippines if the act is done in the course of international 
transport of nuclear material in a case where it is the State where the shipment originates 
or the State of ultimate destination. 
 
Section32. Extradition  
The offences set forth in this Article shall be considered as extraditable offences pursuant to 
any extradition treaty between the Philippines and any State that is a party to the relevant 
international instrument.  
 


 
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Section 33. Penalties 
[Note: To be developed based on comparable penalty regimes for other offenses in the 
Philippines.] 
ARTICLE7: 
SAFEGUARDS 
 
Section34. Application of Safeguards 
1) To ensure compliance with the relevant commitments of the Philippines pursuant to the 
Treaty on the Non-Proliferation of Nuclear Weapons, the IAEA shall have the right to 
apply safeguards as provided for in the Safeguards Agreements.  
2) The Authority shall: 
a) Ensure the implementation of the obligations of the Philippines arising from the Treaty 
on the Non-Proliferation of Nuclear Weapons and the Safeguards Agreements.  
b) Collect and provide to the IAEA the information required to fully implement the 
Safeguards Agreements; 
c) Facilitate access by IAEA inspectors within the territory of the Philippines; 
d) Coordinate with other relevant Government authorities in the provision of information 
to the IAEA in connection with the Safeguards Agreement.  
3) Designated inspectors of the IAEA shall be permitted to enter and remain in the territory 
of the Philippines for the purpose of carrying out their safeguards functions in accordance 
with the Safeguards Agreements without the need to obtain visas.  
 
Section35. Safeguards Inspections 
1) Duly authorized representatives of the Authority and designated inspectors of the IAEA 
shall have access to any location or nuclear facility as provided for under the Safeguards 
Agreements, with a view to conducting the verification activities authorized by the 
Safeguards Agreements.  
2) All agencies of the Government of the Philippines and all authorized parties shall allow 
the Authority and the IAEA to carry out any measures the Authority or the IAEA considers 


 
24 
 
necessary or appropriate for achieving compliance with the undertakings of the Philippines 
in the Safeguards Agreements.  
3) All agencies of the Government of the Philippines and all authorized parties shall 
cooperate fully with the Authority and the IAEA in the application of safeguards measures, 
including by: 
a) Promptly providing all necessary information under the Safeguards Agreements; 
b) Providing access to locations and nuclear facilities as required by the Safeguards 
Agreements; and 
c) Providing support to Authority and IAEA inspectors in the performance of their tasks. 
 
Section36. State System of Accounting for and Control of Nuclear Material  
The Authority shall establish and maintain a system for accounting for and control of nuclear 
material in the Philippines which shall include:  
a) A system for the measurement of nuclear material; 
b) A system for the evaluation of measurement accuracy; 
c) Procedures for reviewing measurement differences; 
d) Procedures for carrying out physical inventories; 
e) Procedures for reporting the loss or misappropriation of, interference with, or an 
accident involving, nuclear material;  
f) A system for evaluation of unmeasured inventories; 
g) A system of records and reports for tracking nuclear material inventories and flows; 
h) Procedures for ensuring that accounting methods and arrangements are being operated 
correctly; and  
i) Procedures for reporting to the IAEA. 
 
Section37. Responsibility of Authorized Parties 
Authorized parties possessing, using, handling or processing nuclear material subject to the 
Safeguards Agreements shall: 


 
25 
 
a) Maintain records as prescribed by the Authority; 
b) Submit the prescribed reports to the Authority in the form, and at the times, specified 
by the Authority; 
c) Perform the measurements of nuclear material and maintain required measurement 
control programs, as specified by the Authority; 
d) Provide the Authority with information regarding the design of any nuclear facility, 
including any design changes, as specified by the Authority; 
e) Conduct physical inventories of nuclear material, as specified by the Authority; 
f) Give notice to the Authority of the import or export of nuclear material, as specified 
by the Authority; 
g) Maintain physical protection and other security measures with respect to nuclear 
material, as specified by the Authority; 
h) Immediately inform the Authority of any interference with or loss or misappropriation 
of nuclear material or of any accident which has led to, or could lead to, violation of 
the integrity of nuclear material; 
i) Provide reports on planned future activities, as specified by the Authority; and 
j) Allow authorized representatives of the Authority and designated officials of the IAEA 
to carry out, without hindrance, inspections at any nuclear facility or other location as 
provided for under this Act and the Safeguards Agreements.  
 
Section38. Information Requirements for Research and Development Activities Related 
to the Nuclear Fuel Cycle 
1) Any person intending to carry out research and development activities related to the 
nuclear fuel cycle, as defined in the Safeguards Agreements, shall provide to the Authority 
information on these activities prior to their commencement. 
2) An authorized party performing activities subject to the Safeguards Agreements shall 
submit to the Authority the information and data necessary for compliance by the 
Philippines with the undertakings by the Philippines arising from the Safeguards 
Agreements.   


 
26 
 
 
ARTICLE 8: 
TRANSPORT AND IMPORT AND EXPORT CONTROLS 
 
Section39. Regulation of the Transport of Radioactive Material  
1) The Authority shall establish requirements for the transport of radioactive material to, 
from and within the jurisdiction of the Philippines. 
2) The requirements adopted pursuant to this Section shall: 
a) Include a categorization of radioactive material that takes into account the potential 
hazard posed by types, quantities and activity levels of such material; 
b) Take into account the technical requirements of the latest edition of the Regulations 
for the Safe Transport of Radioactive Material issued by the IAEA; and 
c) Accept, and not require the relicensing of, transport packages or containers licensed 
for transport from experienced nuclear States.  
 
Section 40. Import, Export and Transit of Controlled Items 
1) The Authority shall control the import, export and transit of controlled items to, from and 
within the territory of the Philippines.  
2) The Authority shall establish requirements for the import, export and transit of controlled 
items to, from and within the territory of the Philippines, which shall include:  
a) Provision for periodic revision lists of controlled items; 
b) End user controls; 
c) Requirements for notification prior to shipment of exports where such notification has 
been determined to be necessary; and 
d) Requirements for record keeping. 
3) The review and approval of authorizations for import and export of controlled items and 
requirements for transit of controlled items shall be coordinated, as appropriate, with the 
National Security Council – Strategic Trade Management Committee and customs and 
border authorities of the Philippines. 


 
27 
 
 
Section41. Export Authorization Criteria 
Criteria for the granting of an authorization (license) to export nuclear related items or nuclear 
related dual-use items identified by the Authority as being subject to control shall include that: 
a) The receiving State has in force an agreement with the IAEA requiring the application of 
safeguards and is in good standing under such agreement; 
b) The receiving State has made a binding commitment to use the transferred items for 
peaceful purposes only and that IAEA safeguards will be applied to the transferred items; 
c) The retransfer of exported controlled items to a third state or any reprocessing or 
enrichment of supplied nuclear material or involving the use of exported controlled items, 
is subject to a right of prior approval by the Philippines; 
d) The levels of physical protection that will apply to the exported material will be consistent 
with those set forth in the Convention on the Physical Protection of Nuclear Material as 
amended by the Amendment to the Convention on the Physical Protection of Nuclear 
Material; 
e) That the applicant has provided information on the end use and end user of the controlled 
items that confirms the legitimate peaceful and secure use of such items; 
f) That, for spent nuclear fuel or radioactive waste: 
(i) 
The receiving State has received prior notification of, and has consented to, the 
transfer; and 
(ii) 
Export will not be authorized to a destination south of latitude 60 degrees south 
for storage or disposal; 
g) That, if applicable, all relevant States have given consent to the transit of the items 
through their territory; and 
h) That the consignee, consignor, consignment and carrier of the items have been 
appropriately licensed. 
 
Section42. Import Authorization Criteria 
Criteria for the granting of an authorization to import controlled items by the Authority shall 
include that: 


 
28 
 
a) The import of the items is not otherwise prohibited by the legislation of Republic of the 
Philippines; 
b) The exporting State will require the application of appropriate levels of physical protection 
to the international transport; 
c) If applicable, all relevant States have given consent to the transfer of the items through 
their territory; 
d) That the consignee, consignor, consignment and carrier of the items have been 
appropriately licensed; and 
e) That the end user of the imported nuclear items has the demonstrated technical and 
administrative capability and resources to use the imported nuclear items in a safe and 
secure manner. 
 
ARTICLE9: 
RADIOACTIVE WASTE AND SPENT FUEL 
 
Section43. Scope for Radioactive Waste 
1) This Act applies to the management of all radioactive waste resulting from civilian 
applications in the Philippines, provided that it does not apply to waste that contains only 
naturally occurring radioactive material and that does not originate from the nuclear fuel 
cycle, unless such waste is declared as radioactive waste for the purposes of this Act by 
the Authority. 
2) This Act also applies to the management of spent fuel resulting from the operation of 
civilian nuclear reactors in the Philippines. 
 
Section44. National Policy and Strategy  
A national policy and strategy for radioactive waste and spent fuel management shall be 
developed and approved at the national level. 
 


 
29 
 
Section45. General Principles Applying to Radioactive Waste and Spent Fuel 
Management 
At all stages in the management of radioactive waste and spent fuel in the Philippines, the 
following principles shall be applied by all persons and entities, including Governmental 
bodies: 
a) People and the environment are adequately protected against radiological and other 
hazards; 
b) The generation of radioactive waste is kept to the minimum practicable; 
c) The interdependence among the different steps of radioactive waste and spent fuel 
management is taken into account; 
d) Protective measures for radioactive waste and spent fuel management in the 
Philippines are implemented in a manner that reflects internationally recognized 
criteria, standards and guidance adopted by the IAEA; 
e) Biological, chemical and other hazards that may be associated with radioactive waste 
and spent fuel management are adequately addressed; 
f) Criticality and removal of residual heat generated during radioactive waste and spent 
fuel management are adequately addressed; 
g) Actions imposing reasonably predictable impacts on future generations greater than 
those permitted for the current generation are avoided; 
h) Undue burdens on current and future generations are avoided; 
i) Spent fuel may be kept in interim storage pending future commercial use, such as in 
fuel for Generation IV nuclear reactors; and  
j) Appropriate funding arrangements are in place for radioactive waste and spent fuel 
management and disposal. 
 
Section46. Disposal Plan 
The authorized party of a nuclear waste disposal facility shall prepare a plan for the closure 
of that facility that includes both active and passive institutional controls. The Authority shall 
approve this plan prior to authorizing the operation of that facility. 
 


 
30 
 
Section47. Import of Radioactive Waste  
Radioactive waste generated outside the territory of the Philippines shall not be imported into 
the Philippines unless a determination has been made by Congress or the President that the 
import would be in the national interest and an authorization has been issued by the Authority. 
ARTICLE10: 
OFFENCES AND PENALTIES AND APPEALS 
Section48. Offences and Penalties 
1) Any person or entity who fails to comply with the terms of this Act, applicable regulations 
or the terms or conditions of any authorization is guilty of an offence and may be subject 
to the penalties established by this Act and any applicable regulations. 
2) The Authority shall establish a range of penalties, both administrative and civil, to be 
imposed in cases of non-compliance with the provisions of this Act, applicable regulatory 
requirements or the terms and conditions of an authorization. 
 
Section49. Appeals of Regulatory Decisions 
1) An applicant, authorized party or other person substantially impacted by a decision of the 
Authority shall have the right to file an appeal against this decision. 
2) The Authority shall issue regulations establishing an internal appeals process with respect 
to decisions of the Authority. 
3) A final decision of the Authority shall be subject to appeal by the Court of Appeals.  
4) A decision of the Authority remains binding until it is overturned on appeal. 
 
ARTICLE 11: 
FINAL PROVISIONS 
Section 50. Liability for Nuclear Damage 


 
31 
 
The Sections of Part VII, Liability for Nuclear Damage, of the Atomic Energy Regulatory and 
Liability Act of 1968 continue to apply with respect to liability for nuclear damage unless and 
until a new Act governing liability for nuclear damage is effective.  
 
Section51. Human Resources 
All plantilla positions of the Nuclear Regulatory Division of the Philippine Nuclear Research 
Institute and the Radiation Regulation Division – Center for Device Regulation, Radiation, 
Health and Research of the Department of Health – Food and Drug Administration are hereby 
transferred to the Authority. 
 
Section52. Implementing Regulations 
The Authority shall issue the regulations necessary to implement this Act within one hundred 
and eighty (180) days from the effective date of this Act. 
 
Section53. Separability 
If a provision of this Act is declared unconstitutional or invalid, the other provisions shall not 
be affected and shall remain in full force and effect.  
 
Section54. Repeal 
All Acts, executive orders, administrative orders, proclamations, rules and regulations 
inconsistent with any provisions of this Act are repealed or modified accordingly. 
 
Section55. Effectiveness 
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a 
newspaper of general circulation.