REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

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EIGHTEENTH CONGRESS
First Regular Session

928

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

EXPLANATORY NOTE

Chemical weapons are lethal misapplications of scientific endeavour and scarce resources,
and the use thereof constitutes a crime against humanity. In the past, these instruments of
nations’ arsenals have produced devastating and indiscriminate casualties among, warring
states. In the modem society, their use, especially by non-state actors such as terrorists, is of
deepening concern among political leaders. This time, terrorists, not rogue nations, pose as a
greater chemical weapon threat. The accessibility, proven attack method, and the added value
of the psychological impact of chemical weapons on societies and governments make their
use desirable in the eyes of terrorists. This is true among extremists motivated by ideology

and groups who simply intend to sow fear for the purpose of causing significant social and
economic disruption.

Henee, the adoption of a Chemical Weapons Convention to provide the legal framework for
defending society against chemical terrorism, for maintaining the peaceful and meaningful
utilization of chemistry, and for creating a treaty regime ensuring that governments from

different states fulfil the national obligation of implementing chemical disarmament and non-
proliferation.

After 12 years of negotiations, the Chemical Weapons Convention was adopted by the
Conference on Disarmament in Geneva on 3 September 1992, opened for signature in Paris
on 13 January 1993, and entered into force on 29 April 1997 to outlaw the production,
stockpiling, and use of chemical weapons. The Convention is the first disarmament
agreement negotiated within a multilateral framework that provides for the elimination of an
entire category of weapons of mass destruction under universally applied intemational
control. The Convention establishes an international norm against the development of
chemical weapons for all time, and provides the legal and political basis for firm action
against those who violate its rules,

This measure is being put forward with the end in view of providing the Philippine
Government with an enabling legislative framework required to fulfil its obligations under
the Convention where the country is a signatory. The country signed the Convention on 13
January 1993, ratified the same on 21 February 1995 with the Philippine Senate thereafter
adopting a resolution to signify its concurrence on 19 August 1996. Under this measure, a
Philippine National Authority for the Chemical Weapons Convention is established to serve

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as the national coordinating body for effective liaison with the Organization for the
Prohibition of Chemical Weapons (OPCW) and other State Parties to the Convention, and
shall be the lead agency in the implementation of the provisions of the Convention.

In view of the foregoing, immediate enactment of this measure is earnestly sought.

Magdalo Para 4 Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

928

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
PROHIBITING THE DEVELOPMENT, PRODUCTION, STOCKPILING, USE OF
CHEMICAL WEAPONS AND PROVIDING FOR THEIR DESTRUCTION AND
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted in the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER I

GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Chemical Weapons

Prohibition Act”.

SEC. 2. Declaration of Principles. — The State, consistent with national interest,
adopts and pursues a policy of freedom from chemical weapons in its territory, of protection
of all human beings and the global environment from the effects of chemical weapons, and
hereby conforms with its obligations under the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
destruction, otherwise known as the Chemical Weapons Convention (hereinafter referred to

as Convention), to which the Philippines is a State Party.


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Towards this end the State shall not, under any circumstance, develop, produce,
manufacture, acquire, possess, stockpile, retain, transfer, or use chemical weapons, or engage
ited under the Convention, and shall prohibit all persons from
developing, producing, manufacturing, acquiring, possessing, stockpiling, retaining,

transferring, or using chemical weapons or engaging in any other activities prohibited under

the Convention.

SEC. 3. Definition of Terms. ~ For the purpose of this Act, the following terms are
hereby defined.
4 Chemical Weapon means the following, together or separately
(i) Toxic chemicals and their precursors, except where intended for purposes not
prohibited under the Convention, as long as the types and quantities are
consistent with such purposes;
(ii) Munitions and devices, specifically designed to cause death or other harm
through the toxic properties of those toxic chemicals specified in subparagraph
(i), which would be released as a result of the employment of such munitions
and devices; and
(iii) Any equipment specifically designed for use directly in connection with the

employment of munitions and devices specified in subparagraph (ii).

b) Discrete Organic Chemicals means any chemical belonging to the class of chemical

compounds consisting of all compounds of carbon except for its oxides, sulphides and

metal carbonates.


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¢) Key component of Binary or Multi-component Chemical Systems means the precursor
which plays the most important role in determining the toxic properties of the final

product and reacts rapidly with other chemicals in the binary or multi-component

system.

d) Facility means any industrial site of any production unit or
process unit (“unit”) which is the combination of items
of equipment, including vessels and vessel set up,
necessary for the production, processing or consumption

of a chemical.

e) OPCW refers to Organization for the Prohibition of Chemical Weapons.

J Person means, except as otherwise provided, any individual, corporation, partnership.

firm, association, trust, estate, public or private institution, or any political entity, any
foreign government or nation or any agency, instrumentality or political subdivision

of any such government or nation, or other entity located in the Philippines.

) Precursors mean any chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. These include any key

component of a binary or multi-component chemical system. Precursors which have

been identified for the application of verification measures by the OPCW are listed in

the Schedules contained in the Annex on Chemicals to the Convention.

h) Purposes not prohibited means:


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(i) Industrial, agricultural, research, medical, pharmaceutical, or other peaceful
purposes;

(ii) Protective purposes, namely those purposes directly related to protection
against toxic chemicals and to protection against chemical weapons;

(iii) Military purposes not connected with the use of chemical weapons and not
dependent on the use of the toxic properties of chemicals as a method of
warfare;

(iv) The use of non-lethal weapons, other than those prohibited under this Act and
the Convention, for the maintenance of public security and order:

(a) By the law enforcement authorities;

(b) By the Armed Forces of the Philippines when taking measures to
suppress insurgency and other serious threats to national security, and
where the use thereof is most appropriate than the use of deadly force:
and

(©) By the Armed Forces of the Philippines within the framework of a

system of mutual collective security, and training for its use.

Riot control agents means any chemical not listed in Schedule 1, Schedule 2 or
Schedule 3 of the Annex on Chemicals to the Convention which can produce rapidly
in humans, sensory irritation or disabling physical effects which disappear within a

short time following termination of exposure.

Scheduled chemicals means those chemicals listed in Schedule 1, Schedule 2 and

Schedule 3, respectively, of the Annex on Chemicals to the Convention.


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4) Toxic chemical means any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or permanent harm to humans or
animals. This definition includes all such chemicals therein, regardless of their origin

or of their method of production, and regardless of whether they are produced in

ies, in munitions or elsewhere.

Toxic chemicals which have been identified for the application of verification
measures by the OPCW are listed in Schedules contained in the Annex on Chemicals
to the Convention. Unless the contrary intention appears, an expression or term that is
used both in this Act and in the Convention but is not defined in this Chapter shall

have, in this Act, the same meaning provided in the Convention.

) Verification Annex means the Annex on Implementation and Verification to the

Convention.

SEC. 4. Establishment of a Philippine National Authority for the Chemical
Weapons Convention. — A Philippine National Authority for the Chemical Weapons
Convention hereinafter referred to, for brevity, as the “PNA-CWC’, is hereby created. The
members of the PNA-CWC are: (1) the Executive Secretary, who shall be its Chairperson; (2)
the Secretary of National Defense, who shall be its Vice Chairperson; and (3) the Secretary of
Foreign Affairs; (4) the Secretary of Justice; (5) the Secretary of the Interior and Local
Government; (6) the Secretary of Finance; (7) the National Security Advisor; (8) the
Secretary of Health; (9) the Secretary of Environment and Natural Resources; (10) the

Secretary of Agriculture; (11) the Secretary of Transportation and Communications; (12) the


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Secretary of Trade and Industry; and (13) the Secretary of Energy, as its other members. The

PNA-CWC shalll determine its organizational structure accordingly.

The National Bureau of Investigation, the Office of Civil Defense, the Intelligence
Service of the Armed Forces of the Philippines, the Philippine Center on Transnational
Crime, Philippine Drug Enforcement Agency, the Dangerous Drugs Board, the Food and
Drug Administration, the Philippine National Police intelligence and investigative elements
and heads of agencies considered necessary or advisable by the PNA-CWC shall serve as

Support agencies. The PNA-CWC shall determine its organizational structure accordingly

A Secretary or Head of Agency who is a member of the PNA-
CWC may designate an alternate member coming from his office
or agency to attend meetings of the PNA-CWC if and when, for

any reason, he is unable to attend said meetings.

‘The PNA-CWC shall have the following duties and functions:

a) Liaise with the OPCW and other State Parties on matters relating to the
Convention;

b) Prepare and submit annual declarations to the OPCW on scheduled chemicals and
facilities and impose regulatory and monitoring fees for scheduled chemicals;

©) Develop rules and regulations and formulate policies concerning the production,
Processing, consumption, importation, exportation use and proper disposition of
scheduled chemicals and facilities, and other chemical production facilities:

4) Designate and specify the required training and the functions of national

inspectors, who shall report to the PNA-CWC;


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©) Conduct and facilitate national inspections, as well as international inspections by
the OPCW inspectors, of sites involving scheduled chemicals or other chemical
production facilities;

Cause or direct the investigation and prosecution of violators of laws concerning
chemical weapons, or the handling of toxic chemicals in violation of this Act; and

8) Perform such other functions to effectively implement the provisions of the

Convention.

The PNA-CWC is hereby empowered to compel, as may be necessary, assistance and
support from all departments, bureaus, offices, agencies, or instrumentalities, of the
government, including government owned and/or controlled corporations and other

government institutions to effectively perform its duties and functions under this Act

The PNA-CWC shall also have the power to periodically update the scheduled
chemicals listed in Schedule 1, Schedule 2 and Schedule 3, respectively, of the Annex on
Chemicals to the CWC upon the request or advise of the OPCW, such updates shall be in the
form of formal resolutions of the PNA-CWC to be published in the Official Gazette or two

(2) newspaper of general circulation in the country before taking effect.

CHAPTER IL
PROHIBITIONS
SEC. 5. Prohibitions.
The following acts are prohibited under this Act:
a) Develop, produce, acquire, stockpile, use, transport or retain any chemical

weapon;


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b) Assist and encourage or induce in any way, a person, to engage in activities
prohibited under the Convention;

c) Engage in military preparations to use a chemical weapon;

d) Transfer, directly or indirectly, a chemical weapon to any other natural and/or
juridical person;

©) Use a riot control agent as a method of warfare;

1) Produce, acquire, retain, or use Schedule 1 chemicals in a state not party to the

convention;

8) Retransfer to a third State, the Schedule 1 chemicals transferred to the Philippines:

h) Transfer Schedule 1 chemicals to another state party without notifying the PNA-
CWC at least sixty (60) days before the transfer, except for the transfer of
saxitoxin, which notification shall be allowed not less than twenty four (24) hours
before the time of transfer, if the transfer is for medical/diagnostic purposes and
the quantity is five milligrams (5 mg) or less (par 5, Part IV Schedule 1 Regime);

i) Transfer to or receive from a state not party to the Convention Schedule 2
chemicals or products containing such chemicals. This prohibition shall not apply
to those products containing Schedule 2 chemicals in which

(i) The product contains one percent or less of a Schedule 2A or 2A*
chemical;

(ii) The product contains 10 percent or less of'a Schedule 2B chemical; or

(iii) The product is identified as a consumer good packaged for retail sale
for personal use or packaged for individual use.

j) Transfer to a state not party to the Convention Schedule 3 chemicals without

receiving, prior to the transfer an end-user certificate from the competent

government, authority of such State pursuant to paragraph 26 of Part VIII of the


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Verification Annex to the Convention. This shall not apply to those products
containing Schedule 3 chemicals in which:
id The product contains 30 percent or less of a Schedule 3 chemical; or
ii) The product is identified as a consumer good packaged for retail sale

for personal use, or packaged for individual use.

Nothing in this Act shall be construed to prohibit the Armed Forces of the Philippines
from using non-lethal and lethal weapons other than those prohibited in this Act, in the
conduct of combat operations for the suspension of insurgency and other serious threats to
national security where the use of such non-lethal and lethal weapons is deemed most

appropriate than use of deadly force

SEC. 6. Penalties. ~ (a) Any person who commits any of the prohibited acts under
Section 5 shall suffer the penalty of imprisonment for a period between twelve (12) years and
one day to life imprisonment, and a fine of Two million pesos (P2,000,000.00) to Five
million pesos (P5,000,000.00).

(b) Any person who produces, acquires, retains, transfers or uses Schedule |
chemicals without registration shall suffer the penalty of imprisonment of six (6) years and
‘one day to twelve (12) years and/or a fine of One million pesos (P1,000,000.00) to Two
million pesos (P2,000,000.00).

(c) Any person who produces, acquires, retains, transfers or uses Schedule |
chemicals for purposes other than for research, medical, pharmaceutical or protective
Purposes, or contravenes paragraph (1), shall suffer the penalty of imprisonment for a period
of not less than six (6) years and one day to twelve (12) years and/or a fine of One million

pesos (P1,000,000.00) to Two million pesos (P2,000,000.00).


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(d.) Any person who produces, processes or consumes Schedule 2 or 3 chemicals or
unscheduled discrete organic chemicals for purposes other than those not prohibited under
this Act, or without a registration with the PNA-CWC or the agency/ies to which the PNA-

CWC has delegate the function, shall suffer the penalty of imprisonment of four years and

one day to six (6) years and/or a fine of

e hundred thousand pesos (P500,000.00) to One

million pesos (P1,000,000.00).

(©) Any person who imports or exports Schedule 2 chemicals or Schedule 3

chemicals, without registration with the PNA-CWC or the agency

ies to which the PNA-

CWC has delegate the function, shall suffer the penalty of imprisonment of four (4) years and
one day to six (6) years and/or a fine of Five hundred thousand pesos (P500,000.00) to One
million pesos (P1,000,000.00).

(f) Notwithstanding subsections (1) and (2) of Section 11, any person who obstructs,
hinders, resists, or deceives any national inspector or international inspector who is exercising
any function contemplated, or any power provided for, in the regulations issued further to
Section 11, in the Convention or any applicable facility agreement, shall be punished by
imprisonment for a period of four (4) years and one day to six (6) years, and/or a fine of Five
hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00). In addition, the
facility in question shall be subject to closure.

(g) Any person who violates Section 12 shall suffer the penalty of imprisonment for
four (4) years and one day to six (6) years, and/or a fine of Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00).

(h) Any person who as the case may be, produces, processes or consumes Schedule 2
or 3 chemicals or unscheduled discrete organic chemicals for a purpose other than purposes

not prohibited under the Chemical Weapons Convention, or contravenes paragraphs (2) or (3)

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shall suffer the penalty of imprisonment of not less than two (2) years to twenty (20) years
and/or a fine of Fifty thousand pesos (P50,000.00) to Five million pesos (P5,000,000.00).

(i) Any person who refuses or fails to notify the PNA-CWC pursuant to the
Provisions of Section 10 shall suffer the penalty of imprisonment of one (1) year and one day
to two (2) years and/or a fine of Five hundred thousand pesos (P500,000.00)

(i) Any person who fails to give the required additional information or keep records
Pursuant to Section 10 shall suffer the penalty of imprisonment of six (6) months and one day
to one (1) year and/or a fine of One hundred thousand pesos (P100,000.00).

(k) Any person who, in any document prepared pursuant to Section 10 of this Act,
makes a statement or omits any matter knowing that the statement or omission makes the
document false and misleading in a material particular shall, after hearing and due
proceedings, suffer the penalty of six (6) months and one day to one (1) year and/or a fine of
One hundred thousand pesos (P100,000.00).

In case any of the violation of this Act is committed by a partnership, corporation,
association, or any other juridical entity, the partner, president, director, manager, trustee,
administrator, or officer who consents to, or knowingly tolerates such violation shall be held
criminally liable.

The registration with the SEC or DTI, as the case may be, and license to operate of
the partnership, corporation, association or any other juridical entity, shall be cancelled and
revoked permanently.

In addition to the penalties prescribed in this Act, any alien who violates. such
provision shall, after service of sentence, be deported immediately without further

proceedings, and be barred permanently from entering the country.

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The maximum penalty provided in this Act shall be imposed in addition to absolute
Perpetual disqualification from any public office, to any government official or employee
found guilty for the commission of any of the offenses under this Act.

Persons who conspire to commit any of the prohibited acts under Section 6 hereof
shall be punished by the same penalty prescribed for herein.

There is a conspiracy when two or more persons come to an agreement concerning the

commission of any of the offenses under this Act and decide to commit the same.

SEC. 7. Forfeiture and Destruction. ~ If any chemical weapon is found anywhere on
the territory or in any other place under the jurisdiction of the Philippines, the warehouse or
the place where the chemical weapons is being stored, the chemical weapons, as well as the
fruits and proceeds and such other instrument related thereto shall be forfeited in favor of the
national government through the PNA-CWC and shall be destroyed or disposed in

accordance with existing environmental regulations or related applicable laws.

SEC. 8. Application. ~ The provisions of this Act shall apply to all persons within or

outside of the Philippines and persons on board vessels and aircraft registered in, belonging

to, or in possession of the Philippines, if any of the prohil

ited act is committed —
a) By or against a Philippine citizen;
b) Against any property owned, leased, or used by the Philippines or by any of its
departments, agencies, or instrumentalities;
©) By a partnership, corporation, association or any juridical person, which is owned
and/or controlled by one or more Philippine citizen.
CHAPTER Ill

REGISTRATION

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SEC. 9. Registration. — Any person who will engage in any of the acts referred to in
Paragraph (a) to (c) of this Section are required to register with the PNA-CWC in the manner
or form as the PNA-CWC may prescribe.

The PNA-CWC is empowered to issue regulations to prescribe, among others, the
manner of applying for registration, the requirements for registration, and the schedule for
registration. For registration purposes, a record of the specific chemicals under schedules 1, 2
and 3 of this Act, and other chemicals that are regulated under the Convention, which the

registrant shall use, shall be required.

(@) Schedule 1. — Subject to the provisions of this Chapter, no person shall produce,
acquire, retain, transfer or use toxic chemicals listed under Schedule | unless—
(1) such production, acquisition, retention, transfer or use is for research,
medical, pharmaceutical or protective purposes;
(2) the types and quantities of the toxic chemicals are strictly limited to those
which can be justified for such purposes;
(3) the aggregate amount of such chemicals at any given time for such
Purposes is equal to or less than ten kilograms for each facility in a calendar

year; and

(4) such production, acquisition, retention, transfer or use is authorized by the

PNA-CWC.

(b) Schedule 2 and 3 chemicals and unscheduled discrete organic chemicals, —
(1) Unless registered with the PNA-CWC or the agency/ies to which the PNA-

CWC has delegated the function, no person shall:

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iii.

produce, process or consume more than | kilogram of a Schedule
2, part A* chemical per year for a purpose not prohibited under the
Chemical Weapons Convention; or

produce, process or consume more than 100 kilograms of any other
Schedule 2, part A chemical per year for a purpose not prohibited
under the Chemical Weapons Convention; or

subject to paragraph (2)(c), produce, process or consume more than
1 tonne of a Schedule 2, part B chemical per year for purposes not
prohibited under the Chemical Weapons Convention; or

subject to subparagraph (2)(c), produce more than 30 tonnes of a
Schedule 3 chemical per year for purposes not prohibited under the
Chemical Weapons Convention; or

subject to subparagraph (2)(c), produce by synthesis more than 200
tonnes of unscheduled discrete organic chemicals or more than 30
tonnes of an unscheduled discrete organic chemical containing the

elements phosphorous, sulphur or fluorine;

(2) Registration with the PNA-CWC or the agency/ies to which the PNA-
CWC has delegated the function, is required for any person that produced,
processed, or consumed a Schedule 2 chemical for purposes not prohibited
under the Chemical Weapons Convention during any of the three calendar

years previous to the current year, above the following thresholds per year-

(i) 1 kilogram of a Schedule 2, part A* chemical
(i) 100 kilograms of any other Schedule 2, part A chemical

(iii) tonne of a Schedule 2, part B chemical.

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2.

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(3) Registration is not required for, as the case maybe, the production,
processing, or consumption of mixtures of chemicals containing 30 percent or
less a Schedule 2, part B chemical or a Schedule 3 chemical.

(c) Imports and exports of Schedule 2 and 3 chemicals. ~ No person shall import or
export Schedule 2 chemicals or Schedule 3 chemicals except upon registration with the PNA-

CWC or by the agency/ies to which the PNA-CWC has delegated such function pursuant to

the last paragraph of this Section.

(d) Activities for purposes not prohibited under the
Convention. - Any person may, subject to the provisions of
this Act, develop, produce, acquire, retain, transfer, possess
or use toxic chemicals as listed in Schedules 1, 2 and 3 for

purposes not prohibited under the Convention.

The PNA-CWC may, in its sound discretion, delegate its power to require registration

under this Section to relevant and competent national government agencies.

SEC. 10. Declarations. ~
(1) Purpose of this section. —
(a) The purpose of this section of this Act is to ensure that:
(i) Toxic chemicals and their precursors are only developed, produced,
otherwise acquired, retained, transferred, or used for purposes not

prohibited under the Convention, and

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(i) The PNA-CWC has knowledge of dealing with chemicals that
facilitated the making of the Philippines annual declaration under the
Convention to the OPCW, and
(iii) The Philippines is otherwise able to fulfil its obligation under the
Convention.
(b) Any power under this section of this Act may be exercised only for the purpose
specified in subparagraph (1) (a).
(2). Supply of Information. -
(a) Any person who, as the case may be, developed, produced, or otherwise acquired,
processed, consumed, retained, transferred or used toxic chemicals, or their

precursors, to which any provision in Parts VI through IX of the Ver

ation
Annex of the Convention applies, or who intends to carry out such activities,
must-

(i) Notify the chemicals and, as the case may be, the facility or plant site
to the PNA-CWC, within such period as prescribed by the PNA-CWC,
by giving written notice in a form approved by the PNA-CWC and
issued under the regulations further to this Act, containing such
information as is required by the form; and

(ii) Keep records in relation to the chemicals and facility or plant site, and
the purpose to which the chemicals are put; and

(iii) Prepare, from these records, annual reports relating to the chemicals
and the facility or plant site in a form approved by the PNA-CWC and
issued under the regulations issued further this Act; and

(iv) Send annual reports to the PNA-CWC at intervals specified in the

regulations issued further to this Act.

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(b) The records and reports under subparagraph 2(a) (i)-(iv) must be sufficient to
satisfy the PNA-CWC that the convention and the provisions of this Act and any

regulations made under this Act are being complied with.

SEC. 1. Verification and Inspection. ~

(1) The PNA-CWC shall issue regulations to facilitate compliance with the Annex on
Implementation and Verification to the Chemical Weapons Convention.

(2) Persons covered by the provisions of this Act and their personnel have the duty to
facilitate OPCW inspections and to cooperate with the international inspectors and
the escort team in complying with their duties and efficiently carrying out the

international inspection.

SEC. 12. Protection of Confidential Information. — Any confidential information
that is given or obtained pursuant to this Act shall be disclosed only for the purpose of
complying with obligations under the Convention, the enforcement of this Act, or dealing

with an emergency involving public safety

SEC. 13. Additional Penalties Under Chapter II. ~ \n case the prohibited act is
Committed by a partnership, corporation, association, or any juridical person, the partner,
president, director, or manager who consents to or knowingly tolerates such violation shall be
held criminally liable. In case the prohibited act is committed by an alien, the person shall be
deported immediately after service of sentence. In case the prohibited act is committed by a

government official or employee, the accessory penalty of perpetual absolute disqualification

to hold public office shall be imposed.

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CHAPTER V
MISCELLANEOUS PROVISIONS

SEC. 14. Legal Cooperation and Assistance. —

(1) The PNA-CWC may collaborate with other State authorities and international
organizations and entities, and coordinate their actions to the extent required by the
implementation of this Act or of the equivalent statute(s), subject to other State
authorities or international organizations or entities being bound to official secrecy.

(2) The PNA-CWC may request other State authorities and international organizations or
entities, under paragraph (1) to provide relevant data or information. The PNA-CWC
is authorized to receive data or information concerning:

(a) The nature, quantity, and utilization of scheduled chemicals or their precursors
and related technologies, and the places of consignment and consignees for
such scheduled chemicals, precursors, or related technologies; or

(b) Persons taking part in the production, delivery, or brokerage of the scheduled

cher

Is, precursors, technologies in subparagraph (a).

(3) Ifa State has entered into the appropriate reciprocity agreement with the Philippines,
the PNA-CWC may provide, on their own initiative or on request, the data or
information described in paragraph (2) to that State so long as the other competent
State authority provides assurances that such date or information shall

(a) Only be utilized for purposes consistent with this Act; and
(b) Only be used in criminal proceedings on the condition that they are obtained
in accordance with those provisions governing intemational juridical

cooperation.

18


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10

uw

12

13

4

15

16

wv

18

19

20

2

22

23

24

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(4) The PNA-CWC may provide data or information described in paragraph (2) to
international organizations or entities if the conditions set forth in paragraph (3) are

fulfilled, in which case the requirement for reciprocity agreement is waived

SEC. 18. Supplemental Application of the Revised Penal Code and Other Laws.
The provisions of the Revised Penal Code, Human Security Act, and other laws shall have
supplemental application to the provisions of this Act.

SEC. 16. Jurisdiction. — Any of the Regional Trial Courts where any of the elements
of the offense has been committed have jurisdiction over all cases of violations of this Act
and application for ancillary writs and processes of search warrant, seizure and forfeiture:
Provided, That the first court that acquires jurisdiction shall exercise the same to the
exclusion of all other courts unless the Supreme Court authorizes the transfer of venue to

prevent injustice

SEC. 17. Implementing Rules and Regulations. ~ Within sixty (60) days from the
establishment of the PNA-CWC as provided in Section 4 herein, the PNA-CWC, in close
coordination with the chemical industry, the Department of Science and Technology (DOS),

Department of Environment and Natural Resources (DENR), Philippine National Pol

(PNP), Philippine drug Enforcement Agency (PDEA), Food and Drug Administration-
Department of Health (FDA-DOH), and the Fertilizer and Pesticides Authority (FPA) shall
issue the specific rules and regulations as may be necessary to ensure the efficient and

effective implementation of the provisions of this Act.

SEC. 18. Transitory Clause. — All powers, functions and all pending work contracts

and/or obligations relating to the CWC of the Anti-Terrorism Council (ATC), acting as the

19


1 interim PNA-CWC pursuant to Executive Order No. 39, Series of 2011, shall be assumed and

2 turned over to the PNA-CWC upon establishmenet thereof, as provided in Section 4 hereof.

4 SEC. 19. Appropriations. ~ Such amount necessary for the implementation of the

5 provisions of this Act shall be included in the annual General Appropriations Act.

7 SEC. 20. Separability Clause. — If any provision or portion of this Act or the
8 application thereof to any person or circumstance is declared to be unconstitutional or invalid,
9 the other provisions or portions of this Act, and the application of such provision or portion,

10 to other persons or circumstances, shall not be affected thereby

11

2 SEC. 21. Repeating Clause. — Ail laws, dectees, executive orders, rules or regulations

13° or parts thereof, inconsistent with the provisions of this Act, are hereby repealed, amended or

14 modified accordingly

15

16 SEC. 22. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication

17 in the Official Gazette or in two (2) newspapers of general circulation,

Approved,

20


ANNEX 1

Schedules of Chemicals and Guidelines for the Schedules of Chemicals under the
Chemical Weapons Convention!

Schedule 1.

A. Toxic chemicals

(cas
Registry

number)

(ay_—_|S-Alkyl_(<=C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or +Pr)-
iphosphonofluoridates

(0-Isopropyl methylphosphonofluoridate (107-44-8)
: |0-Pinacolyimethylphosphonofluoridate (96-64-0)

[0-Alkyl (<=C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr)
jhosphoramidocyanidates

Irabun: |0-Ethyl N.N-dimethyl phosphoramidocyanidate (77-81-6)

(0-Alkyl (H or <=C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-P
(3) aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and
[corresponding alkylated or protonated salts

leg. VX: |0-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate ee

(4) ___ |sulfur mustards:
2-Chloroethyichloromethylsulfide (2625-76-5)
Mustard gas: Bis(2-chloroethyl)sulfide (505-60-2)
Bis(2-chloroethylthio)methane Sail
[Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane (3563-36-8)
1,3-Bis(2-chloroethylthio)-n-propane [S390s-t0-
11,4-Bis(2-chloroethylthio)-n-butane pi i2ese-9s-
|,5-Bis(2-chloroethylthio)-n-pentane bee
Bis(2-chloroethylthiomethyl)ether Ksprtsee-
(0-Mustard: Bis(2-chloroethylthioethylJether reer: }

|
(S)__ [Lewisites

1 Info retrieved from _http://www.opew.org/chemical-weapons-convention/annex-on-chemicals/b-
schedules-of-chemicals/schedule-1/


(cas
Registry
lnumber)
[Lewisite 1: 2-Chlorovinyldichloroarsine (41-25-3)
lLewisite 2: Bis(2-chlorovinyl)chloroarsine Sanaa
lLewisite 3: Tris(2-chlorovinylJarsine eer
(©)__ Nitrogen mustards:
IHN1: Bis(2-chloroethy)ethylamine (538-07-8)
IHIN2: Bis(2-chloroethyl)methylamine 51-75-2)
[HN3: Tris(2-chloroethy!amine (555-77-1)
(7) |Saxitoxin [ps7
(@__|Ricin (9009-86-3)
B. Precursors
(cas
Registry
number)
9) _[Ally! (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
De: Methylphosphonyldifluoride (676-99-3)
~ -Alkyi (Hor <=C10, incl. cycloalkyl) O-2-dallyl (Me, Eu n-Pr or Pry]
(20) Jaminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding|
lalkylated or protonated salts |
Jat;_|0-thy! 0-2-diisopropylaminoethy! methylphosphonite (57856-11-8)
(11) |Chlorosarin: 0-Isopropyl methylphosphonochloridate (1445-76-7)
(12) |[Chiorosoman: 0-Pinacolyimethylphosphonochloridate (7040-57-5)

Schedule 2

A. Toxic chemicals

(CAS Registry number)

({)|Amiton: 0,0-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolatel(78-53-5)

land corresponding alkylated or protonated salts _
(2)|[PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8) |
[(3)|[Bz: 3-Quinuclidiny! benzilate (*) (6581-06-2) “|

B. Precursors



(cas
Registry
number)
(Chemicals, except for those listed in Schedule 1, containing al
(4) iphosphorus atom to which is bonded one methyl, ethyl or propyl
((normal or iso) group but not further carbon atoms,
leg Methylphosphonyl dichloride ((676-97-1)
[Dimethyl methylphosphonate |(756-79-6)
Recmtion: (0-Ethyl S-phenyl ethylphosphonothiolothionate ((944-22-9)
©) IN.N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidicdihalides
[Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or iPr)
(o jhosphoramid:
phosphoramidates
(7) lArsenic trichloride reese
(@) 2,2-Diphenyl-2-hydroxyacetic acid 76-93-7)
(9) (Quinuctidin-3-ol nt |
NN-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides andl
(10) ,
corresponding protonated salts
INN-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols andl
(a1)
icorresponding protonated salts
Exemptions: _||N,N-Dimethylaminoethanol (108-01-0)
land corresponding protonated salts
IN.N-Diethylaminoethanol (100-37-8)
land corresponding protonated salts
a2) INN-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and|
[corresponding protonated salts
(a3) [Thiodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)
(04) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol [464-07-3)

Schedule 3

A. Toxic chemicals

CAS Registry number)

(()|[Phosgene: Carbonyl dichloride (75-44-5)
|(2)||Cyanogen chloride (506-77-4)
(3)|Hydrogen cyanide (74-90-8)

|(4)|{Chloropicrin: Trichloronitromethane|(76-06-2)

B. Precursors


[(CAS Registry number)|
(5) _|[Phosphorus oxychloride _|[(10025-87-3)
(6) |[Phosphorus trichloride _ |[(7719-12-2)
(7) |[Phosphorus pentachloridel[(10026-13-8)

[(8)_|[rrimethyiphosphite [(121-45-9)
(9)_[rriethyiphosphite [(122-52-1)
[20)|[Dimethy! phosphite (868-85-9)
(11))[piethy! phosphite [(762-04-9)
(12)}/Sulfurmonochloride |(10025-67-9)
[(13)|[Sulfur dichloride [(10545-99-0)
[(14)|[thionyl chloride [(7719-09-7)

[(45)|[Ethyldiethanolamine __|(139-87-7)
[(16)|[Methyldiethanolamine _|[(105-59-9)
|(17)]|Triethanolamine |(102-71-6)

Guidelines for Schedule 1

1. The following criteria shall be taken into account in considering whether a toxic chemical or
precursor should be included in Schedule 1:

(a) It has been developed, produced, stockpiled or used as a chemical weapon as defined in
Article I;

(b) It poses otherwise a high risk to the object and purpose of this Convention by virtue of its
high potential for use in activities prohibited under this Convention because one or more of the
following conditions are met:

( It possesses a chemical structure closely related to that of other toxic chemicals listed in
Schedule 1, and has, or can be expected to have, comparable properties;

(ii) It possesses such lethal or incapacitating toxicity as well as other properties that would
enable it to be used as a chemical weapon;

(ii) It may be used as a precursor in the final single technological stage of production of a toxic
chemical listed in Schedule 1, regardless of whether this stage takes place in facilities, in
munitions or elsewhere;

(Q) It has little or no use for purposes not prohibited under this
Convention.

Guidelines for Schedule 2

2. The following criteria shall be taken into account in considering whether a toxic chemical not
listed in Schedule 1 or a precursor to a Schedule 1 chemical or to a chemical listed in Schedule 2,
part A, should be included in Schedule 2:



(a) It poses a significant risk to the object and purpose of this Convention because it possesses

such lethal or incapacitating toxicity as well as other properties that could enable it to be used
as a chemical weapon;

(b) It may be used as a precursor in one of the chemical reactions at the final stage of formation
of a chemical listed in Schedule 1 or Schedule 2, part A;

(c) It poses a significant risk to the object and purpose of this Convention by virtue of its
importance in the production of a chemical listed in Schedule 1 or Schedule 2, part A;

(d) It is not produced in large commercial quantities for purposes not prohibited under this
Convention.

Guidelines for Schedule 3

3. The following criteria shall be taken into account in considering whether a toxic chemical or
precursor, not listed in other Schedules, should be included in Schedule 3:

(a) Ithas been produced, stockpiled or used as a chemical weapon;

(b) It poses otherwise a risk to the object and purpose of this Convention because it possesses

such lethal or incapacitating toxicity as well as other properties that might enable it to be used
as a chemical weapon;

(6) It poses a risk to the object and purpose of this Convention by virtue of its importance in the
production of one or more chemicals listed in Schedule 1 or Schedule 2, part

(a) It may be produced in large commercial quantities for purposes not prohibited under this
Convention.