REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__ 2709

Introduced byMAGDALO Party List Representatives Gary C. Alejano
and Francisco Ashley L. Acedillo

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,
theadoption of aChemical 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.

After 12 years of negotiations, theChemical 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 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 signify 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.

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

\
GARY C/ALEJANO FRANCISCO ASHLEY L. ACEDILLO
{Information retrieved from httn://wwwamnorg/disarmament/WMD/Chemical/ on 8/16/2013,
® Secretary General Kofi Annan’s Opening Remarks to Conference of Parties to Convention at The Hague. Information retrieved from
‘beta /avwrw.un.org/disarmament/WMD/Chemical/pdt/SGSM6232.pff on 8/16/2013.


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__ 2709

Introduced byMAGDALO Party List Representatives Gary C. Alejano
and Francisco Ashley L. Acedillo

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 of 2013.”

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.

Towards this end the State shall not, under any circumstance, develop, produce,
manufacture, acquire, possess, stockpile, retain, transfer, or use chemical weapons, ot engage in
any other activities prohibited 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.

a. “Chemical Weapon” means the following, together or separately:


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() 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;
(iii)Any equipment specifically designed for use directly in connection with the

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

“Discreet Organic Materials” 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 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,
“OPCW” refers to Organization for the Prohibition of Chemical Weapons.

“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.

“Purposes not prohibited” means:

(H 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;


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(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;

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

mutual collective security, and training for its use.

h. “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.

“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 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.

k. “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


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Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the
Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; (7) the National Security Advisor; (8) Secretary of Health; (9) Secretary of
Environment and Natural Resources; (10) Secretary of Agriculture; (11) Secretary of
Transportation and Communications; (12) the Secretary of Trade and Industry; (13) Secretary of
Energy, 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 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 for the Council. The PNA-CWC shall determine its organizational structure

accordingly.

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;
)

Designate and specify the required training and the functions of national inspectors,
who shall report to the PNA-CWC;

¢) Conduct and facilitate national, as well as international inspections by the OPCW

inspectors, of sites involving scheduled chemicals or other chemical production
facilities;

1) 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.


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CHAPTER IL
PROHIBITIONS REGARDING CHEMICAL WEAPONS AND SCHEDULED
CHEMICALS IN THE CHEMICAL WEAPONS CONVENTION

SEC. 5. Prohibited Acts. —

a. Develop, produce, acquire, stockpile, use, retain, or engage in military preparations to
use a chemical weapon;

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

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

d. Use a riot control agent as a method warfare;

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

convention;

Retransfer to a third State,the Schedule 1 chemicals transferred to the Philippines;

g. Transfer Schedule 1 chemicals to another state party without notifying the PNA-
CWC not less than 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);

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

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

‘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.

i, 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.


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Nothing in this Act shall be construed to prohibit the Armed Forces of the Philippines
from using non-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 weapons is deemed most appropriate than use of deadly force.

SEC. 6, Penalties. —Any person who commits any of the prohibited acts under Section 5
shall suffer the penalty of imprisonment for a period between 12 years and one day to life
imprisonment, and a fine from two million pesos (PHP 2,000,000.00) to five million pesos (PHP
5,000,000,00).

In case any of the violation of this Act is committed by a partnership, cooperation,
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.
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.

If any chemical weapon is

SEC. 7. Forfeiture and Destruction of Chemical Weapon.
found anywhere on the territory or in any other place under the jurisdiction of the Philippines,
the weapons shall be forfeited in favor of the national government through the PNA-CWC and
shall be destroyed in accordance with existing environmental regulations.


1 SEC. 8. Application, —The provisions of this Act shall apply to all persons within or
2 outside of the Philippines and persons on board vessels and aircraft registered in, belonging to, or
3 in possession of the Philippines, if any of the prohibited act is committed —
4 1) Bya Philippine citizen;
5 2) Against a Philippine citizen while the citizen is outside the Philippines;
6 3) Against any property owned, leased, or used by the Philippines or by any of its
7 departments, agencies, or instrumentalities;
8 4) By a partnership, corporation, association or any juridical person, which is owned and/or
9 controlled by one or more Philippine citizen,
10
n CHAPTER IL
2 REGULATION OF SCHEDULED CHEMICALS
3
14 SEC. 9. Licensing of Chemicals. ~
15
16 1) Schedule of Chemicals, ~ No person shall produce, acquire, retain, transfer or use
v7 Schedule 1 chemicals except under and in accordance with the conditions of a license
18 granted by the PNA-CWC, or by the agency/ies by which the PNA/CWC has delegated
19 such, pursuant to paragraph (5).
20
21 Any person who produces, acquires, retains, transfers or uses Schedule 1 chemicals
22 without a license — or contravenes the conditions thereof shall suffer the penalty of
23 imprisonment of six years and one day to twelve years and/or a fine from one million
24 pesos (PHP 1,000,000.00) to two million pesos (PHP2,000,000.00).
25
26 2) Schedule 2 and 3 chemicals and unscheduled discrete organic chemicals. ~
27 a) Except under and in accordance with the conditions of a license granted by the
28 PNA-CWC or by the agency/ies by which the PNA-CWC has delegated such,
29 pursuant to paragraph (4), no person shall:
30
31 i, produce, process or consume more than I kilogram of a Schedule 2, part
32 A* chemical per year for a purpose not prohibited under the Chemical
33 Weapons Convention, or
34 ii. produce, process or consume more than 100 kilograms of any other
35 Schedule 2, part A chemical per year for a purpose not prohibited under the

36 Chemical Weapons Convention, or


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iii, subject to paragraph (2)(c), produce, process or consume more than I 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

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

phosphorous, sulphur or fluorine;

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 license or contravenes with the conditions
thereof shall suffer the penalty of imprisonment of four years and one day to six
years and/or a fine from five hundred thousand pesos (PHP500,000.00) to one
million pesos (PHP 1,000,000,00).

b) A license, granted by the PNA-CWC or by the agency/ies by which the PNA-
CWC has delegated such pursuant to paragraph (4), 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-
a 1 kilogram of a Schedule 2, part A* chemical
ii. 100 kilograms of any other Schedule 2, part A chemical

iii, 1 tonne of a Schedule 2, part B chemical.

°)

A license 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.

3) Imports and exports of Schedule 2 and 3 chemicals. ~ No person shall import or export
Schedule 2 chemicals or Schedule 3 chemicals except under and in accordance with the
condition of a license granted by the PNA-CWC or by the agencyries by which the PNA-
CWC has delegated such pursuant to paragraph (4).


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Any person who imports or exports Schedule 2 chemicals or Schedule 3 chemicals,
without a license, or contravenes with the conditions thereof shall under the penalty of
imprisonment of four years and one day to six years and/or a fine from five hundred
thousand pesos (PHP 500,000.00) to one million pesos (PHP1,000,000.00).

4) Licensing. ~

a) An application for a license to do any of the acts referred to in paragraph (1) to (3)
shall be made to the PNA-CWC in such manner or form as the PNA-CWC may
determine and shall be accompanied by the prescribed fee

b) The PNA-CWC may make regulations to prescribe the manner of application for a
license; the form and duration of a license; the terms and conditions upon which
and the circumstances in which a license may be granted, held, suspended,
cancelled, extended, renewed or replaced; and the fees payable in respect thereof.

5) Penalties, —

a) 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 years and one day to life
imprisonment and/or a fine from five hundred thousand pesos (PHPS00,000.00) to
ten million pesos (PHP10,000,000.00).

b) 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) shall suffer the penalty of imprisonment of not less than two
years to twenty years and/or a fine from fifty thousand pesos (PHPS0,000.00) to
five million pesos (PHPS,000,000.00).

SEC. 10. Submission of Information. —

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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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 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 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-CWG, 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,

Any person who refuses or fails to notify the PNA-CWC pursuant to the provisions of this
Section shall suffer the penalty of imprisonment of one year and one day to two years and/or a
fine of five hundred thousand pesos (PHP 500,000.00).

Any person who fails to give the required additional information or keep records pursuant to
this Section shall suffer the penalty of imprisonment of six months and one day to one year

and/or a fine of one hundred thousand pesos (PHP 100,000.00).

Any person who, in any document prepared pursuant to this Section, makes a statement or
omits any matter knowing that the statement or omission makes the document false and

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misleading in a material particular, shall suffer the penalty of six months and one day to one year
and/or a fine of one hundred thousand pesos (PHP 100,000.00)

3) False or misleading statements. ~Any person whoshall, in any document prepared
pursuant to this section of this Act, make a statement or omit any matter knowing that the
statement or omission makes the document false or misleading in a material particular,
shall, after hearing and due proceedings, suffer the penalty or imprisonment for a period
of six years and one day to twenty years, and/or a fine of five hundred thousand pesos
(PHPS00,000.00) to ten million pesos (PHP10,000,000.00)

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. Inspected persons 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.

Notwithstanding subsections (1) and (2), 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 this section, in the
Convention or any applicable facility agreement, shall be punished by imprisonment for a period
of four years and one day to six years, and/or a fine from 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 and license related to its activities under this Act subject to suspension or

revocation.

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. Any person who violates this section shall suffer the penalty of
imprisonment for four years and one day to six years, and/or a fine from five hundred thousand

pesos (P500,000.00) to one million pesos (P1,000,000.00).

SEC. 14. Additional Penalties Under Chapter I. ~ 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

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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.

CHAPTER V
MISCELLANEOUS PROVISIONS

SEC. 15. 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
chemicals, 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 international juridical cooperation.

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. 16. Supplemental Application of the Revised Penal Code and OtherLaws. ~ The
provisions of the Revised Penal Code, Human Security Act, and other laws shall have

supplemental application to the provisions of this Act.

SEC. 17. 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,

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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. 18. Implementing Rules and Regulations. — Within sixty (60) days from the
establishment of the PNA-CWC as provided in Section 4 herein 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. 19. Appropriations. The amount of Fifty Million Pesos (PHP50,000,000.00) is
hereby appropriated to the PNA-CWC as initial funding for its first year of operation, chargeable
against the Contingent Fund of the Office of the President. Thereafter, said amount shall be
included in the Annual General Appropriations Act.

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,


ANNEX 1

Schedules of Chemicals and Guidelines for the Schedules of Chemicals under the

Chemical Weapons Convention

Schedule 1.

A, Toxic chemicals

(cas
IRegistry
number)
a) |O-Alkyl (<=C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-|
|phosphonofluoridates
Seen \0-Isopropyl methylphosphonofluoridate \(107-44-8)
[Soman: ||0-Pinacolylmethylphosphonofluoridate 96-64-0)
2 [O-Alkyl (<=C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr))
lphosphoramidocyanidates
om \o-Ethy! N,N-dimethyl phosphoramidocyanidate ((77-81-6)
(0-Alkyl (H or <=C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-
(3) laminoethy! alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and|
corresponding alkylated or protonated salts
[e.g. VX: ||0-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate 50782-69-9)
4) __ Sulfur mustards:
[2-Chloroethylchloromethylsulfide ((2625-76-5)
[Mustard gas: Bis(2-chloroethylsulfide (505-60-2)
Bis(2-chloroethylthio)methane ((63869-13-6)|
[Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane (3563-36-8)
1,3-Bis(2-chloroethylthio)-n-propane ((63905-10-2)|
1,4-Bis(2-chloroethylthio)-n-butane i 12868-98-
1,5-Bis(2-chloroethylthio)-n-pentane Sian
|Bis(2-chloroethylthiomethyl)ether (63918-90-1
(0-Mustard: Bis(2-chloroethylthioethylether (63918-89-8)
(5) __|Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)
|Lewisite 2: Bis(2-chlorovinyl)chloroarsine ((40334-69-8)]
lLewisite 3: Tris(2-chlorovinyl)arsine ((40334-70-1)]
6) [Nitrogen mustards:
[HIN1: Bis(2-chloroethyl)ethylamine |(38-07-8)
[HIN2: Bis(2-chloroethyl)methylamine [(61-75-2)
HN3: Tris(2-chloroethyljamine (555-77-1)
(7 ‘Saxitoxin '35523-89-8)|
(8) IRicin \(9009-86-3)
+ Info retrieved from _ http://www.opew.org/chemical-weapons-convention/annex-on-chemicals/b-

schedules-of-chemicals/schedule-1/.



B. Precursors

(cas
Registry
number)
(9)_JAlky! (Me, Ft, n-Pr or i-Pr) phosphonyldifluorides -
Pe 'Methylphosphonyldifluoride \(676-99-3)
[O-Alkyl (Hor <=C10, incl. cycloalkyl) 0-2-dalkyl (Me, Et, n-Pr or i-Pr)s
(10) Jjaminoethy! alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding,
lalkylated or protonated salts
ol: \0-Ethyl 0-2-diisopropylaminoethyl methylphosphonite (57856-11-8)
(11) |[Chlorosarin: 0-Isopropyl methylphosphonochloridate 1445-76-7)
(12) |[Chlorosoman: 0-Pinacolyimethylphosphonochloridate ((7040-57-5)

Schedule 2

A. Toxic chemicals

[(CAS Registry number)
(2)|Amiton: 0,0-Diethy! S-[2-(diethylamino)ethyl] phosphorothiolate|(78-53-5)

land corresponding alkylated or protonated salts __
(2)|[PriB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8)
(3)|[Bz: 3-Quinuclidinyl benzilate (*) (6581-06-2)

B, Precursors

((cas
Registry
Inumber)
(Chemicals, except for those listed in Schedule 1, containing al
(4) [phosphorus atom to which is bonded one methyl, ethyl or propyl
(normal or iso) group but not further carbon atoms,
leg iMethylphosphony! dichloride ((676-97-1)
[Dimethyl methylphosphonate : ((756-79-6)
paul \0-Ethyl S-phenyl ethylphosphonothiolothionate ((944-22-9)
© IN,N-Dialkyl (Me, Bt, n-Pr or i-Pr) phosphoramidicdihalides i
lo [Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)+
hosphoramidates
@ [arsenic trichloride (784-34-)
(8) 22,2-Diphenyl-2-hydroxyacetic acid (76-93-7)
1) (Quinuclidin-3-o1 (1619-34-7)
(ao) INN-Dialkyl (Me, Et_n-Pr_or iPr) aminoethyl-2-chlorides and



corresponding protonated salts

lan INNN-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and
|corresponding 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) jodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)

(a4) [Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol (464-07-3)

Schedule 3
A. Toxic chemicals
[(CAS Registry number)]

(1) [Phosgene: Carbonyl dichloride [(75-44-5)

(2)]|cyanogen chloride ((506-77-4)

(3))Hydrogen cyanide ((74-90-8)

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

B, Precursors

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

[(8) |[frimethylphosphite [(a21-45-9) ]
(9) |[rriethytphosphite [(a22-52-1)
[(10)][Dimethyl phosphite [(868-85-9)
[(21)][Diethyl phosphite [(762-04-9)
[(22)[[Suifurmonochloride [(10025-67-9)
[(23)][Sulfur dichloride [(20545-99-0) _
[(24)[[thionyl chloride [(7719-09-7)

15)][Ethyldiethanolamine __|[(139-87-7)
[(16)|[Methyldiethanolamine __][(105-59-9)

priathaniclataiing

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:

(i) 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;

(iii) 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;

(c) 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;

(q) 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;

(c) 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 B;

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