Hevse OF REPRESENTATIVES
RECEIVED
Date:27

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1840

REGISTRATION UNIT
BILLS ANO INDEX SERVICE

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

House Bill No.

EXPLANATORY NOTE

Chemical weapons are a lethal misapplication of scientific endeavour and government

resources. These instruments of nations’ arsenals have produced devastating and indiscriminate
casualties among warring states throughout history, In the modern society, their use, especially
by non-state actors such as terrorists, is of deepening concern among political leaders. Thus, the
adoption of a Chemical Weapons Convention to provide the legal framework for defending
society against chemical terrorism and 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

Conference on Disarmament in Geneva on 3 September 1992, opened for s
13 January 1993, and entered into force on 29 April 1997 to outlaw the production, stockpili
and use of chemical weapons. The Convention is the first disarmament agreement n

After 12 years of negotiations, the Chemical Weapons Convention was adopted by the
ignature in Pari

tiated

within a multilateral framework that provides for the elimination of an entire category of
weapons of mass destruction under universally applied international 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 s

nify its concurrence on 19 August 1996. Under this measure, a Philippine

National Authority for the Chemical Weapons Convention is established to serve 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

"Information retrieved from bit

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

f ALEJANO

{WMD {Chemical on 8/16/2013,

» Secretary General Kofi Annan’s Opening Remarks to Conference af Parties ta Convention at The Hague. Information retrieved from
wun. org/dsarmament/WMD/Chemicel/odl/SGSM6232.paf on 8/16/2013,


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1840

House Bill No.

y MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

Introduce:

AN ACT
PROHIBITING THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF
CHEMICAL WEAPONS, PROVIDING FOR THEIR DESTRUCTION, IMPOSING
PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by 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”

SE stent with national interest, adopts

2. Declaration of Principles. — The State, con
and pursues a policy of freedom from chemical weapons in its territory and the protection of all
human beings and the global environment from the effects of chemical weapons, in conformity
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 (CWC), to which the Philippines is a State Party

Towards this end, the State shall not, under any circumstance, develop, produce,

manufacture, acquire, possess, stockpile, retain, transfer, or use chemical weapons, or engage in

any other activity prohibited under the Convention, and shall forbid all persons from developin;

producing, manufacturing, acquiring, possessing, stockpiling, retaining, transferring, or using

chemical weapons or engaging in any other activity prohibited under the CWC

SEC. 3. Definition of Terms. — As used in this Act
(a) Chemical weapon means the following, together or separately:
1) Toxic chemicals and their precursors, except where intended for purposes not
prohibited under the CWC, as long as the types and quantities are consistent with such purposes,
2) Munitions and devices specifically designed to cause death or other harm through
the toxic properties of those toxic chemicals specified in subparagraph (1), which would be

released as a result of the employment of such munitions and devices:


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3) Any equipment specifically designed for use directly in connection with the
employment of munitions and devices specified in subparagraph (2).

(b) Discrete organic chemical means any chemical belonging to the class of chemical
compounds consisting of all compounds of carbon except for its oxides, sulphides, and metal
carbonates,

(©) Key component of binary or multi-component chemical system 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

(@) Facility means any industrial site of any production unit or process 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

(©) Person means, except as otherwise provided, any individual, corporation, partnership,

ical entity

firm, association, trust, estate, public or private institution, or any pol 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

(® Precursor means any chemical reactant which takes part at any stage in the

includes any key component of a

production of a toxic chemical by whatever method. Thi:

binary or multi-component chemical system. Precursors which have been identified for the

application of verification measures by the Organization for the Prohibition of Chemical
Weapons (OPCW) are listed in the Schedules contained in the Annex on Chemicals of the
cwe
(@) Purposes not prohibited mean:

1) Industrial, agricultural, research, medical, pharmaceutical, or other peaceful
purposes.

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

3) 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;

4) The use of non-lethal weapons, other than those prohibited under this Act and the
Convention for the maintenance of publie security and order

i By the law enforcement authorities:

ii, By the Armed Forces of the Philippines (AFP) 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,

iii, By the Armed Forces of the Philippines within the framework of a system of
mutual collective security, and training for its use

(i) Riot comrol 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


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in humans, sensory irritation or disabling physical effects which disappear within a
short time following termination of exposure

(i) Scheduled chemicals means those chemicals listed in Schedule 1, Schedule 2 and
Schedule 3, respectively, of the Annex on Chemicals to the Convention.

(k) 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 facilities, 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 on this Act and the Convention but is not defined in this Chapter shall have,
in this Act, the same meaning provided in the Convention.

(l) 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 Adviser, (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 Secretary of Trade and Industry; (13)
the Secretary of Energy (14) the Secretary of Science and Technology as its other members. The
PNA-CWC shall 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


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(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,

(c) 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;

(d) Designate and specify the required training and the functions of national inspectors,
who shall report to the PNA-CWC:

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

(0) 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;

(g) 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 in two (2) newspaper of

general circulation in the country before taking effect.

CHAPTER I
PROHIBITIONS

SEC. 5. Prohibitions.

‘The following acts are prohibited under this Act

(a) Develop, produce, acquire, stockpile, use, transport or retain any chemical weapons;

(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,

(e) Use a riot control agent as a method of warfare:


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

(g) 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

(ii) 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 Verification
Annex to the Convention. This shall not apply to those products containing Schedule
3 chemicals in which

(i) 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 suppression of insurgency and
other serious threats to national security where the use of non-lethal and lethal

weapons is deemed most appropriate than use of deadly force.

Sec. 6, Penaities ~ (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)


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(c) Any person who produces, acquires, retains, transfers or uses Schedule 1
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).

(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, of without registration with the PNA-CWC or the ageney/ies to which the PNA-CWC has
delegated 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).

(e) 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 (500,000.00) to One million pesos
(P1,000,000.00).

(8 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 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 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).

(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 the purposes
not prohibited under the Chemical Weapons Convention, or contravenes paragraph (2) or (3)
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 (PS0,000.00) 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 (500,000.00).

(j) 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).


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ant to Section 10 of this Act,

(k) Any person who, in any document prepared pur
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 imprisonment 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

ical entity, shall be cancelled and revoked

partnership, corporation, association or any other juri
permanently.

In addition to the penalties prescribed in this Act, any alien who violates such provisions
shall, after service of sentence, be deported immediately without further proceedings, and be
barred permanently from entering the country.

‘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 offense 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 prohibited 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:

(c) By a partnership, corporation, association or any juridical person, which is owned

and/or controlled by one or more Philippine citizen.


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CHAPTER IIL
REGISTRATION

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.

(a) Schedule 1. ~ Subject to the provisions of this Chapter, no person shall produce,

acquire, retain, transfer or use toxic chemicals listed under Schedule 1 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
(i) 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
(ii) 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
(iii) 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
(iv) 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
(v) subject to subparagraph (2)(c), produce by synthesis more than 200

tonnes of unscheduled discrete organic chemicals or more than 30


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tonnes of 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 ofa Schedule 2, part A* chemical
(ii) 100 kilograms of any other Schedule 2, part A chemical
(ii)1 tonne of a Schedule 2, part B chemical
(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
(©) Imports and exports of Schedule 2 and 3 chemicals. — No person shall import ot
export Schedule 2 chemicals or Schedule 3 chemicals except upon registration with
the PNA-CWC or by the ageney/ies to which the PNA-CWC has delegated such
function pursuant to the last paragraph of this Section
(A) 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.

See. 10 Declarations. ~
(1) Purposes 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
(ii) 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 (I) (a),
(2) Supply of Information. —


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(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 Verification 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
(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. 11. 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
the obligations under the Convention, the enforcement of this Act, or dealing with an emergency

involving public safety

SEC. 13. Additional Penalties under Chapter II. ~ In 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

10


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

2 hold public office shall be imposed.

3

4 CHAPTER V

5 MISCELLANEOUS PROVISIONS

6

7 SEC. 14. Legal Cooperation and Assistance. ~

8 (1) The PNA-CWC may collaborate with other State authorities and international

9 organizations and entities, and coordinate their actions to the extent required by the
10 implementation of this Act or of the equivalent statute(s), subject to other State
n authorities or international organizations or entities being bound to official secrecy.
2 (2) The PNA-CWC may request other State authorities and international organizations or
13 entities under paragraph (1) to provide relevant data or information. The PNA-CWC
4 is authorized to receive data or information concerning:
1s (a) The nature, quantity, and utilization of scheduled chemicals or their precursors
16 and related technologies, and the places of consignment and consignees for
ru such scheduled chemicals, precursors, or related technologies, or
18 (b) Persons taking part in the production, delivery, or brokerage of the scheduled
19 chemicals, precursors technologies in subparagraph (a)
20 (3) Ifa State has entered into the appropriate reciprocity agreement with the Philippines,
a the PNA-CWC may provide, on their own initiative or on request, the data or
2 information described in paragraph (2) to that State so long as the other competent
23 State authority provides assurances that such date or information shall
24 (a) Only be utilized for purposes consistent with this Act; and
25 (b) Only be used in criminal proceedings on the condition that they are
26 obtained in accordance with those provisions governing international
27 juridical cooperation
28 (4) The PNA-CWC may provide data or information described in paragraph (2) to
29 international organizations or entities if the conditions set forth in paragraph (3) are
30 fulfilled, in which case the requirement for reciprocity agreement is waived.
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32 SEC. 15. Supplemental Application of the Revised Penal Code and Other Laws, ~ The

33 provisions of the Revised Penal Code, Human Security Act, and other laws shall have
34 supplemental application to the provisions of this Act

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36 SEC. 16. Jurisdiction. — Any of the Regional Trial Courts where any of the elements of
37 the offense has been committed have jurisdiction over all cases of violations of this Act and

38 application for ancillary writs and processes of search warrant, seizure and forfeiture: Provided,

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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 (DOST),
Department of Environment and Natural Resources (DENR), Philippine National Police (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
ules 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
interim PNA-CWC pursuant to Executive Order No. 39, Series of 2011, shall be assumed and

turned over to the PNA-CWC upon establishment thereof, as_ provided in Section 4 hereof.

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

- 19. Appropriations. ~ Such amount necessary for the proper implementation of the

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

persons or circumstances, shall not be affected thereby.

SEC. 21. Repealing Clause. — All laws, decrees, executive orders, rules or regulations or

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

modified accordingly.

SEC. 22. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation

Approved,

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