Counter Foreign Interference Act

Senate I Office of the fencretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 MAY -4 P2:57 SENATE RECEIVED BY: S. No. 2080 Introduced by SENATOR RONALD "BATO" DELA ROSA AN ACT PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES AND CREATING THE COUNTER FOREIGN INTERFERENCE COUNCIL, AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 7, Article II of the 1987 Constitution states that the State shall pursue

an independent foreign policy and its relations with other states and paramount considerations shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. During one of the Senate hearings of the 19th Congress on human trafficking, the National Intelligence Coordinating Agency (NICA) confirmed the existence of Chinese malign influence and foreign interference (MIFI) activities in the Philippines, describing the extent as "pervasive". I However, at present, there is no existing law specifically regulating foreign interference in the country. In light of these activities affecting the national security and with the ongoing threats arising from the territorial and maritime disputes in the West Philippine Sea, there is a need to pass a measure penalizing foreign interference to protect the country's national sovereignty and territory and to effectively address the reports made by the NICA. This measure seeks to define and penalize foreign interference, 1 https://www.abs-cbn.com/news/nation/2024/11/26/nica-chinese-interference-in-philippines- pervasive-alice-guo-an-agent-of-influence-1219

and establish a Counter Foreign Interference Council which shall establish focus programs on critical components such as political, economic, social, technological, education, legal and military. In view thereof, the passage of this measure is earnestly sought. RONALD "BAT DELA ROSA

Senate ellier of the centretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 MAY -4 P2:57 SENATE RECEIVED BY: S. B. No. 2080 Introduced by SENATOR RONALD "BATO" DELA ROSA AN ACT PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES AND CREATING THE COUNTER FOREIGN INTERFERENCE COUNCIL, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Counter Foreign

2 Interference Act."

SEC. 2. Declaration of Policy. - It is the policy of the State to maintain peace

4 and order, protect life, liberty and property, and promote the general welfare as 5 essential for the enjoyment of all citizens of the blessings of democracy. Moreover, it 6 is the policy of the State to pursue an independent foreign policy wherein national 7 sovereignty, territorial integrity, national interest, and the right to self-determination 8 serve as paramount considerations in its relations with other states. Towards this end, the State shall endeavor to protect its national sovereignty 10 and security through the enactment of measures aimed at enhancing the nation's 11 capacity to detect, prevent, and respond to foreign interference and other related threats, thereby protecting our democratic processes, economic stability, and national security.

SEC. 3. Definition of Terms. - As used in this Act:

a. Access Blocking Order refers to a legal directive that mandates internet service providers to restrict access to specific online content or services; b. Deception refers to an intentional of misleading, whether through words or conduct, including misrepresentation of intentions and/or conduct causing an unauthorized response from a person, computer, machine, or electronic device; c. Foreign Agent refers to any person who acts or agrees to act as political consultant, public relations counsel, publicity agent, information representative, or as agent, servant, representative, or attorney for a foreign principal or for any domestic organization subsidized directly or indirectly, in whole or in part, by a foreign principal; Provided, That, it shall not include a duly accredited diplomatic or consular officer of a foreign country or officials of the United Nations and its agencies, and of other international organizations recognized by the Republic of the Philippines while engaged in activities within the scope of their legitimate functions as such officers, or a bona fide member or employee of a foreign press service or news organization while engaged in activities within the scope of their legitimate functions as such; d. Foreign Intelligence Agency refers to a specialized foreign organization responsible for the collection analysis, and dissemination of intelligence related to foreign entities, including governments, organizations, and individuals;

e. Foreign Principa/ refers to the government of a foreign country or foreign political party; a foreigner located within or outside the jurisdiction of the Republic of the Philippines; or a partnership, association, corporation, organization or other entity owned or controlled by foreigners; f. Foreign Proxy refers to any person with a formalized relationship with the foreign state who wittingly and knowingly conducts activities on behalf of the foreign state's interests; g. Internet Access Service Provider refers to any organization that provides individuals and companies with access to the internet and related services; h. Online Publication refers to any content that is published and distributed on the internet, including various digital formats such as, but not limited to, websites, blogs, and electronic articles; and i. Person refers to an individual, partnership, association, organization, corporation or any other combination of individuals.

SEC. 4. Foreign Interference. - Any person who engages in covert, deceptive,

coercive, or threatening conduct whether alone or on behalf of, in collaboration with, 17 or directed, funded, or supervised by, a foreign principal, its agent or proxy, with the 18 intention or without regard that such conduct will influence the political or 19 governmental process, affect the exercise of democratic or political rights or duties in the Philippines or any part thereof, support the intelligence activities of a foreign principal, or prejudice the national security of the Philippines, shall be guilty of 22 committing foreign interference.

SEC. 5. Foreign Interference Involving Foreign Intelligence Agencies. - It shall

be unlawful for any unauthorized person to knowingly or unwittingly provide resources

1 defined and penalized under Sections 4, 5 and 6 hereof shall be guilty of preparing or 2 planning to commit foreign interference.

SEC. 8. Conspiracy to Commit Foreign Interference. - Any conspiracy to commit

4 foreign interference defined and penalized under Sections 4, 5, 6 and 7 of this Act 5 shall be held liable under the provisions of this Act. There is conspiracy when two (2) or more persons come to an agreement 7 concerning the commission of foreign interference as defined in Sections 4, 5, 6 and 8 7 hereof and decide to commit the same.

SEC. 9. Proposal to Commit Foreign Interference. - Any person who proposes

10 to commit foreign interference as defined in Sections 4, 5, 6 and 7 hereof shall be 11 liable under the provisions of this Act. Proposal to commit foreign interference is committed when a person who has 13 decided to commit any of the crimes defined and penalized under the provisions of this Act proposes its execution to some other person or persons.

SEC. 10. Aiding and Abetting the Commission of Foreign Interference. - Any

person who knowingly or unwittingly aids, abets or protects a person who committed 17 foreign interference as described in the immediately preceding sections, or gives them 18 information on the movements of the military, law enforcement authority or 19 intelligence units, when the latter are performing their official functions shall be guilty 20 of aiding and abetting the commission of foreign interference. It shall be presumed that the person performing any of the acts mentioned 22 herein has performed them knowingly, unless the contrary is proven.

SEC. 11. Penalties. - Any person found guilty for knowingly committing any of

24 the acts under Sections 4, 5, 6 and 8 of this Act shall be punished with reclusion

1 or material support to, receive or obtain funds from, or directly or indirectly make 2 available funds to, a foreign intelligence agency or any person acting on behalf of such 3 agency.

SEC. 6. Foreign Interference by Electronic Communications Activity. - Any

5 person who electronically publish, alter or delete information or materials on behalf of 6 a foreign principal, its agent or proxy, knowing or having reason to believe that the 7 publication, alteration or deletion is likely to prejudice national or public security, 8 negatively impact public health, safety, or finances, affect diplomatic relations, incite 9 enmity among influential groups, undermine public confidence in authorities, or influence the outcome of elections or referendums, shall be guilty of foreign interference by electronic communications activity. If, upon determination of the Counter Foreign Interference Council (CFIC) that 13 an electronic communication will prejudice national or public security, negatively impact public health, safety, or finances, affect diplomatic relations, incite enmity among influential groups, undermine public confidence in authorities, or influence the outcome of elections or referendums, the CFIC may issue an Access Blocking Order 17 directing the internet access service provider to take reasonable steps to disable 18 access by end-users in the Philippines to the online publication; Provided, That, an internet access service provider who fails to comply with any Access Blocking Order shall be fined in the amount of not less than One Million Pesos (P1,000,000.00) but not more than Five Million Pesos (P5,000,000.00) for each day during which any part of thereof is not fully complied with.

SEC. 7. Preparing or Planning for a Foreign Interference Offense. - Any person

24 who participate in the planning, preparing, or facilitating the commission of acts

1 perpetua and a fine of not less than Five Million Pesos (P5,000,000.00) nor more than 2 Ten Million Pesos (P10,000,000.00), or both. Any person found guilty of aiding, abetting or protecting persons committing 4 foreign interference as defined herein or giving information on the matters 5 enumerated herein shall suffer the penalty of twelve (12) years and a fine of not less 6 than Two Million Pesos (P2,000,000.00) but not more than Five Million Pesos 7 (P5,000,000.00), or both.

SEC. 12. Offense by Public Officials and Aliens. - The maximum penalties

9 provided for herein shall be imposed if the offender is a government official or 10 employee. In addition, they shall also suffer the penalty of absolute perpetual 11 disqualification from holding any public office or employment. If the offender is an alien, he/she shall, in addition to the penalties herein 13 prescribed, be deported without further proceedings after serving the penalties herein 14 prescribed and not be allowed re-entry in the country.

SEC. 13. Counter Foreign Interference Courts. - Any person charged for

violations of any of the provisions of this Act shall be tried in special courts created for 17 this purpose; Provided, That, the Supreme Court shall designate certain branches of 18 the Regional Trial Courts as Counter Foreign Interference Courts whose jurisdiction 19 shall be exclusively limited to violations of this Act. Persons charged under the provisions of this Act and witnesses shall be allowed to remotely appear and provide testimonies through the use of video-conferencing and such other technology now known or hereafter the be known to be science as 23 approved by the Supreme Court.

SEC. 14. Counter Foreign Interference Council. - A Counter Foreign

2 Interference Council (CFIC) is hereby created. The members of the CFIC are: (1) 3 Executive Secretary as Chairperson, (2) National Security Adviser as Vice Chairperson, 4 (3) Secretary of Justice, (4) Department of Foreign Affairs (DFA), (5) Department of 5 the Interior and Local Government (DILG), (6) Department of National Defense (DND), 6 (7) Department of Information and Communications Technology (DICT), and (8) Anti- 7 Money Laundering Council-Secretariat (AMLCS), as its members. The (1) Commission on Higher Education (CHED), (2) Department of Trade and 9 Industry (DTI), (3) National Bureau of Investigation (NBI), (4) Armed Forces of the 10 Philippines (AFP), and the (5) Philippine National Police (PNP) shall serve as the 11 support agencies of the CFIC. The CFIC shall establish focus programs on critical components such as political, economic, social, technological, education, legal and military. These focus programs shall implement and enhance actionable plans, conduct risk assessments, and recommend policy adjustments to address emerging threats. By centralizing expertise and resources, CFIC aims to enhance the nation's capacity to detect, prevent, and respond to foreign interference, thereby protecting democratic processes, economic 18 stability, and national security. The CFIC shall perform the following functions: (a) Provide comprehensive strategic direction and ensure cohesive execution of the National Counter Foreign Interference Strategy across various agencies and sectors; (b) Collect, analyze and assess intelligence related to foreign interference activities;

(c) Develop, review, and recommend policies and legislative measures to address and counter foreign interference; (d) Manage and coordinate responses to incidents of foreign interference and related crises; (e) Supervise and ensure the effective investigation and prosecution of legal cases involving foreign interference; (f) Increase public understanding and resilience regarding foreign interference through education and outreach initiatives; (g) Strengthen cybersecurity measures to protect critical infrastructure and digital systems from foreign interference; (h) Foster international partnerships and collaborate on counter-interference efforts with other countries and global organizations; (i) Conduct regular risk assessments to identify vulnerabilities and develop strategies to mitigate potential threats; (i) Monitor the effectiveness of counter-interference strategies and provide regular reports on progress and challenges; (k) Oversee the allocation and management of resources necessary for effective counter-interference operations; and (l) Perform such other functions necessary to counter foreign interference. The National Intelligence Coordinating Agency (NICA) shall serve as its 21 Secretariat, whose functions shall be determined by the CFIC.

SEC. 15. Extraterritorial Application. - Subject to the provisions of any treaty of

which the Philippines is a signatory and to any contrary provision of any law of 24 preferential application, the provisions of this Act shall apply:

(a) To a Filipino citizen or national who commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, and 9 of this Act outside the territorial jurisdiction of the Philippines; (b) To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the crimes mentioned in Paragraph (a) hereof inside the territorial limits of the Philippines; (c) To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes mentioned in Paragraph (a) hereof on-board Philippine ship or Philippine airship; (d) To individual persons who commit any of the said crimes mentioned in Paragraph (a) hereof within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (e) To individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes mentioned in Paragraph (a) hereof against Philippine officials, their representatives, staff, agent, or envoy; and (f) To individual person who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government or its agent. In case of an individual who is neither a citizen or a national of the Philippines who commits any of the crimes mentioned in Paragraph (a) hereof outside the territorial limits of the Philippines, the Philippines shall exercise jurisdiction only when 23 such individual enters or is inside the territory of the Philippines: Provided, That, in 24 the absence of any requests for extradition from the state where the crime was

1 committed or the state where the individual is a citizen or national, or the denial 2 thereof, the CFIC shall refer the case to the Bureau of Immigration for deportation or 3 the DOJ for prosecution in the same manner as if the act constituting the offense had 4 been committed in the Philippines.

SEC. 16. Authority of the Anti-Money Laundering Council. - In addition to the

6 unlawful activities enumerated under Republic Act No. 9610, otherwise known as the 7 "Anti-Money Laundering Act of 2001", as amended, foreign interference, in any form, 8 is hereby considered as an unlawful activity subject to the authority of the Anti-Money 9 Laundering Council to conduct financial investigation, freezing of accounts, and 10 forfeiture of assets. The AMLC, either upon its own initiative or at the request of the CFIC, is hereby authorized to investigate: (a) any property or funds that are in any way related to the commission of any acts defined and penalized under this Act; and (b) property or funds of any person or persons in relation to whom there is probable cause to believe 15 that such persons are committing or attempting or conspiring to commit, or participation in or facilitating the commission of any offenses under this Act. The AMLC may also enlist the assistance of any branch, department, bureau, 18 office, agency or instrumentality of the government, including government-owned and 19 controlled corporations in undertaking measures to prevent the financing of foreign interference or support to foreign intelligence, which may include the use of its 21 personnel, facilities and resources. For purposes of this section and notwithstanding the provisions of Republic Act 23 No. 1405, otherwise known as the "Law on Secrecy of Bank Deposits", as amended, 24 Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the

1 Philippines, as amended, Republic Act No. 8791, otherwise known as "The General 2 Banking Law of 2000" and other laws, the AMLC is hereby authorized to inquire into 3 or examine deposits and investment suspected of any of the crimes defined and 4 penalized under the provisions of this Act with any banking institution or non-bank 5 financial institution and their subsidiaries and affiliates without a court order.

SEC. 17. Surveillance of Suspects and Interception and Recording of

7 Communications. - The provisions of Republic Act No. 4200, otherwise known as the 8 "Anti-Wiretapping Law" to the contrary notwithstanding, a law enforcement agent or 9 intelligence officer, who are duly authorized by their respective heads of agency may, 10 upon a written order of the Regional Trial Court where any of the elements has been 11 committed secretly wiretap, overhear, and listen to, intercept, screen, read, surveil, record or collect, with the use of any mode, form, kind or type of electronic, 13 mechanical or other equipment or device or technology now or known or may 14 hereafter be known to science or with the use of any other suitable ways and means for the above purposes, any private messages in whatever form, kind or nature, spoken or written words (a) between the foreign agent and the principal or his 17 representative; (b) between foreign agent and member of the Philippine community; 18 or (c) any person charged or suspected of committing any of the provisions of this 19 Act. The law enforcement agent or intelligence officer shall likewise be obligated to 21 (1) file an ex parte application with the Regional Trial Court for the issuance of an 22 order, to compel telecommunications service providers (TSP) and internet service providers (ISP) to produce all customer information and identification records as well 24 as call and text data records, content and other cellular or internet metadata of any

1 person suspected of any of the crimes defined and penalized under the provisions of 2 this Act; and (2) furnish the National Telecommunications Commission (NTC) a copy 3 of the said application. The NTC shall likewise be notified upon the issuance of the 4 order for the purpose of ensuring immediate compliance.

SEC. 18. Implementing Rules and Regulations. - Within ninety (90) days from

6 effectivity of this Act, the CFIC and the DOJ shall promulgate such rules and 7 regulations for its effective implementation.

SEC. 19. Separability Clause. - If any provision of this Act is declared invalid or

9 unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in effect.

SEC. 20. Repealing Clause. - All other laws, decrees, executive orders and rules

and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect after fifteen (15) days from Its

publication in the Official Gazette or at least two (2) newspapers of general circulation. Approved,