Biological and Toxin Weapons Act

SBN-464 · 20th Congress · verbatim text↗ Official Senate PDF

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES J1. 14 A0 :28 First Regular Session SENATE S. No. 464 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROHIBITING THE DEVELOPMENT, PRODUCTION, USE, AND STOCKPILING PENALTIES OF BIOLOGICAL AND TOXIN WEAPONS, PROVIDING THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE "The COVID-19 pandemic brought the world to its knees. Now imagine a different kind of disease - one that is both deliberately designed and can race through the global population even faster. Biological weapons are not the product of science fiction. They are a clear and present danger."1 The Biological Weapons Convention (BWC), formally known as the "Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction," is considered a cornerstone of multilateral disarmament regime banning weapons of mass destruction (WMD). It entered into force on March 1975 and supplemented the 1925 Geneva Protocol which had prohibited only the use of biological weapons. The BWC has reached almost universal membership with 187 States Parties and four Signatory States. 1 United Nations Secretary-General's video message to participants of the Ninth Biological Weapons Convention Review Conference. 28 November 2022. Accessed through https://www.un.org/sg/en/content/sg/statement/2022-11-28/secretary-generals-video-message-participants- of-the-ninth-biological-weapons-convention-review-conference

States Parties to the BWC, including the Philippines, undertook to never in any circumstances to develop, produce, stockpile or otherwise acquire or retain microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.? Aside from this, each State Party to the Convention is required, in accordance with its constitutional processes, to take necessary measures to prohibit and prevent the development, production, stockpiling, acquisition or retention of biological weapons within its territory, under its jurisdiction or controls. While accelerated advancements in biotechnology have been truly beneficial in terms of prolonging human life and addressing health concerns, such scientific breakthroughs may also be diverted and misused for non-peaceful pursuits with catastrophic effects crossing national boundaries. This proposed measure aims to strengthen existing policies and complement Republic Act No 11479 or the "Anti- Terrorism Act of 2020" and Republic Act No. 106974 or the "Strategic Trade Management Act" which safeguard public safety and uphold national security. The consideration and passage of this bill is earnestly sought. fusest INGGOY EJERCITO ESTRADA ( 2 Article I, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction 3 Article IV, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction * An Act Preventing the Proliferation of Weapons of Mass Destruction by Managing the Trade in Strategic Goods, the Provision of Related Services, and For Other Purposes

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 0L 14. 89128 First Regular Session ) SENATE S. No. - Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROHIBITING THE DEVELOPMENT, PRODUCTION, USE, AND STOCKPILING OF BIOLOGICAL AND TOXIN WEAPONS, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Biological and Toxin

Weapons Act."

Sec. 2. Declaration of Policy. - It is the policy of the State to protect and

promote the right to health of the people and to adopt the generally accepted principles of international law as part of the law of the land by preventing and prohibiting any development, production, stockpiling, acquisition, use, retention, and/or transfer of biological agents or toxins for hostile purposes, under any circumstances, consistent with the 1972 Biological and Toxin Weapons Convention and other relevant international commitments.

Sec. 3. Scope and Coverage. - This Act shall cover:

a) The development, production, stockpiling, acquisition, use, retention, and/ or transfer of biological agents and toxins, including biological weapons and their facility; and,

b) Facilities or persons that will handle the biological agents and toxins, and the manner/ handing of transfer in accordance with internationally accepted standards, of any natural or juridical person operating within the Philippines, who engage or intend to engage in the development, production, stockpiling, acquisition, use, retention, transport or transfer of certain biological agents and toxins, and/or control the transfer of certain duai-use biological equipment and technology.

Sec. 4. Definitions. - As used in this Act:

a) "Acquire"shall mean to come into possession or control of biological and/or toxin weapons, regardless of the means it was acquired. b) "Biological Agent" shall mean: any micro-organism (including any bacterium, virus, fungus, rickettsia and parasite), any infectious substance (including any prion), any component of a micro-organism or an infectious substance (but not including any toxin); or any bioengineered component of any such microorganism, virus, infectious substance or biological by-product that is capable of causing death, disease, or other biological malfunction in human, animal, and plant. c) "Biological Weapon" shall mean: i) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; or weapons, equipment or means of delivery designed to use such agents or toxins for hostiie purposes or in armed conflict. d) "Biosecurity" shall mean strategic and integrated approach that encompasses the policy and regulatory frameworks including instruments and activities for analyzing and managing relevant risks to human, animal, plant life and health, to the environment, and to the economy. It shall also include the implementation of measures to prevent the loss of control over any biological material which may be liable to misuse and the development

of a coordinated response designed to restore control and minimize harm where such a loss has occurred. e) "Controlled biological agents and toxins list" shall refer to the list developed by the National Authority based on threats to national security, public health and safety, and economic impact, under the following criteria: i) effect of exposure on human, animal, or plant health, or on animal or plant products; degree of contagiousness and method of transmission; ii) iii) availability and effectiveness of pharmacotherapies and immunizations; and iv) other criteria deemed appropriate, including the risk-group approach of the World Health Organization, World Organization for Animal Health, and the International Plant Protection Convention provided that the National Authority shall publicly disclose and explain the use of any such criteria. The "controlled biological agents and toxins list" shall be included in the implementing rules and regulations issued pursuant to this Act, and shall be periodically reviewed and modified as necessary by the National Authority. f) "Develop" shall mean the creation of biological and/or toxin weapons. g) "Equipment" shall refer to tools used in the development, production, acquisition, stockpiling, retention or transferring of biological agents and/or toxins. h) "Juridical Person" shall mean: i) a group of persons, partnership, corporation, association, form, or other legal entity recognized by law and which is granted a juridical personality separate and distinct from that of the shareholders, partner, or member; or ii) the State or any of its political subdivisions, including government- owned or controlled corporations. i) "Manufacture" shall mean the production of biological and/or toxin weapons.

j) "National Authority" shall mean the lead interagency body in the implementation of the provisions of this Act, and shall be the national coordinating body for effective liaison with the Implementing Support Unit (ISU) and other State Parties to the BTWC. k) "Person" shall mean any natural or juridical person. 1) "Technology" shall refer to information and processes necessary for the development, production, acquisition, stockpiling, retention or transferring of biological agents and/or toxins, and may take such forms as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, and instructions written or recorded on other media or devices such as disk, tape, read-only memories. m) "Territory" shall mean any area within the Republic of the Philippines, or under its jurisdiction or control. n) "Toxin" shall mean any poisonous substance that is produced and/or extracted from any organisms. o) "Transfer" shall mean the act of moving domestically the biological agent and toxin, equipment, and/or technologies, agreeing to move them, any supporting services being provided to the transport provider, and any other act calculated to promote their supply or delivery if this contributes to WMD, or means of their delivery, or to prohibited/restricted end-users. P) "Weapons of Mass Destruction" shall refer to chemical, biological, radiological and nuclear weapons which are capable of a high order of destruction or causing mass casualties. It excludes the means of transporting or propelling the weapon where such means is a separable and divisible part from the weapon. CHAPTER II BIOSECURITY

Sec. 5. Controlled biological agents, toxins, equipment and technology. -

a) There shall be a list of controlled biological agents, toxins, equipment and technology. The National Authority shall establish, consolidate, review and maintain such list.

b) The National Authority shall initially adopt the National Biological Materials of Concern List (controlled biological agents and toxins) and National Strategic Goods List (controlled equipment and technology) and shall periodically review and modify as necessary.

Sec. 6. Licensing for controlled biological agents and toxins. -

a) Every person or entity that develops, acquires, manufactures, possesses, transports, transfers or uses controlled biological agents or toxins for peaceful purposes, research, propagation and processing must have a license issued by the National Authority. The implementing rules and regulations shall prescribe the requirements, procedures, and other parameters for the issuance thereof. b) Every person seeking a license shall comply with the biosecurity and biosafety regulations issued under this Act and its implementing rules and regulations such as submission of facilities and personnel engaged in the development, acquisition, manufacture, possession, transport, transfer or use of controlled agents or toxins, to include research, propagation and processing. c) No license shall be required for reasons of public health, agricultural emergencies, evidentiary purpose, and products licensed under food, drugs, pesticides or other similar laws. d) Immediate notice shall be given to the appropriate law enforcement agency of any theft, loss or release of controlled agents or toxins.

Sec. 7. Domestic Transfer of Controlled Agents and Toxins. -

a) The National Authority shall prescribe measures for a secured, safe, and closely monitored transfer of controlled agents and toxins. b) Controlled agents and toxins shall only be transferred by licensed persons and entities and their identified facilities within the territory of the Republic of the Philippines. c) All proposed domestic transfers of controlled agents and toxins shall be subject to advance notification to the National Authority. d) Domestic transfer of controlled agents and toxins shall only be undertaken by licensed carriers by the National Authority.

e) Carriers licensed to transport controlled agents and toxins domestically shall immediately notify the appropriate law enforcement agency of any theft, loss or release of controlled agents or toxins. Any violation of the security protocols in Sections 6 and 7 shall be punishable under Chapter IV of this Act, without prejudice to the applicable provisions of the STMA.

Sec. 8. Inspections and investigations. -

a) To ensure compliance with this Act and all applicable biosecurity measures, the implementing agencies shall facilitate the conduct of inspections and investigations of all licensed individuals, entities, and carriers. b) The implementing agencies shall designate inspectors whose powers shall be prescribed in the implementing rules and regulations of this Act. c) In case of any violation of this Act, licensed individuals, entities and carriers shall provide all records required by the implementing agencies' investigators.

Sec. 9. Search, seizure, forfeiture and destruction. -

a) The implementing agencies shall apply for a warrant with the proper courts for the search and seizure of any biological agent or toxin or equipment or technology or facility and property associated with any activity prohibited under this Act. b) Seized property shall be forfeited to the Government after due notice and hearing. c) The implementing agency may authorize the destruction or other appropriate disposition of any biological agent or toxin or equipment or technology or facility and property seized and forfeited under this section upon approval of the court. d) In the event of imminent danger to public health or national security, the implementing agency may authorize the destruction or disposition of the seized biological agents or toxins, equipment, and technology in accordance with appropriate guidelines.

Sec. 10. Roles of the Anti-Money Laundering Council. -

(a) The Anti-Money Laundering Council (AMLC), either upon its own initiative or at the request of the National Authority, is hereby authorized to issue an ex parte order to freeze without delay: 1) any property or funds that are in any way related to any violations of

Section 11 of this Act; and

2) property or funds of any person or persons in relation to whom there is probable cause to believe that such person or persons are committing or attempting or conspiring to commit, or participating in or facilitating the commission of any violations of Section 11 of this Act. The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed by the AMLC before the expiration of the period, the effectivity of the freeze order may be extended up to a period not exceeding six (6) months upon order of the Court of Appeals: Provided, That the 20-day period shall be tolled upon filing of a petition to extend the effectivity of the freeze order. The property or funds subject of the freeze order under the immediately preceding paragraph shall be the subject of civil forfeiture proceedings, if warranted, as provided under Republic Act No. 9160, as amended. (b) The Anti-Money Laundering Council (AMLC), either upon its own initiative or at the request of the National Authority, is also hereby authorized to investigate: 1) any property or funds that are in any way related to any violations of

Section 11 of this Act; and

Republic Act No. 8791, otherwise known as "The General Banking Law of 2000" and other laws, the AMLC is authorized to inquire into or examine deposits and investments with any banking institution or non- bank financial institution and their subsidiaries and affiliates without a court order. CHAPTER III IMPLEMENTING STRUCTURE AND MECHANISM

Sec. 11. Establishment, mandate and enforcement powers of the National

Authority on Biological and Toxin Weapons (BTW). - a) A National Authority shall be established for the enforcement of this Act and its implementing rules and regulations. The Anti-Terrorism Council (ATC) is hereby designated as the National Authority. b) The National Authority shall be chaired by the Executive Secretary and the Department of Foreign Affairs shall be the Secretariat. c) It shall be composed of the nine (9) regular ATC members and the following Cabinet Secretaries from the following departments: i) Department of Health; ii) Department of Trade and Industry; ili) Department of Environment and Natural Resources; and iv) Department of Agriculture; The National Authority may invite in its deliberations the participation of representatives from the academe, civil society, and the private sector. d) The National Authority shall perform the following functions: i) Formulate policies and programs for the implementation of the Act and in the fulfilment of the country's obligations to the Convention; Ensure the establishment of minimum biosecurity standards, protocols, and procedures by the implementing agencies; iii) Monitor and evaluate the enforcement of this Act and its implementing rules and regulations; iv) Provide policy advice to the President on matters relevant to this Act; and,

v) Perform any other tasks related to the implementation of this Act and of the Biological and Toxin Weapons Convention. e) The National Authority shall designate implementing agencies to issue license, transfer, transport, inspect, investigate, search, seize, dispose and/or destroy BTW - related goods if there are no existing agencies mandated to do so. CHAPTER IV OFFENSES AND PENALTIES

Sec. 12. Offenses. -

a) It shall be unlawful for any person, with or without intent to gain, to knowingly and intentionally: 1) develop, produce, acquire, stockpile, use, retain or transfer, directly or indirectly, any biological weapon; 2) engage in preparations to use any biological weapon; 3) construct, acquire or retain any facility intended for the production of biological weapons; 4) weaponize any biological agent or toxin; 5) release biological agents or toxins for the purpose of causing death, injury to human beings, animals or plants; 6) develop, produce, acquire, possess, manufacture, stockpile or retain, transfer or use controlled biological agents or toxins without a license granted for the purpose by the appropriate authority or in violation of the conditions of the license or in violation of any other provision under this Act; 7) transfer controlled biological agents or toxins within the Philippine territory to unlicensed individuals or entities, or fail to notify the appropriate authority of such transfer; 8) fail to transfer controlled biological agents or toxins domestically through an approved carrier or fail to comply with any other provision of Section 7 of this Act; 9) tamper with any facility, package, or containment vessel containing controlled agents or toxins in order to cause their release; or

10) divert or steal controlled biological agents or toxins from a facility or authorized transport vehicle, or use or take control of an authorized transport vehicle containing controlled biological agents or toxins so as to cause its release; 11) construct, acquire or retain any facility designed or intended for the manufacture of or research on any controlled biological agent or toxin, except in accordance with this Act and its implementing rules and regulations issued or any other relevant laws; 12) fail to provide data, information or document to the appropriate authority, or make false or misleading statement in relation to any data, information, document or report prepared pursuant to this section; 13) omit any matter, knowing that such omission makes the data, information, document or report false or misleading; 14) obtain data, information, documents or reports issued, and communicate the data, information, documents or reports to any other person without written consent, except: for the purpose of enforcement or application of this Act, including criminal investigations and intelligence assessments; in pursuance to international obligations of the Republic of the Philippines; or iii) to the extent that the data, information, documents or reports are required to be disclosed or communicated in the interest of public safety. 15) obstruct, cause hindrance, resistance, deception or provide false or misleading information to the inspector or person/s accompanying him during inspection of licensed facilities. b) Financing - It shall also be unlawful for any person to, directly or indirectly, willfully and without lawful excuse, possess, provide, collect or use property or funds or make available property, funds or financial service or other related services, by any means, with the unlawful and willful intention that they should be used or with the knowledge that they are to be used, in full

or in part to develop, produce, acquire, stockpile, use, retain or transfer, any biological weapon.

Sec. 13. Penalties. -

a) The penalty of life imprisonment without benefit of a parole, and a fine ranging from Three (3) million to Five (5) million pesos shall be imposed upon any person found guilty for violations of Section 11(1) to (5) of this Act. The same penalty shall be imposed upon any person who shall order, direct, induce, finance anyone to engage in any of the acts under Section 11(1) to (5) of this Act. If the acts result to death, serious injuries or destruction to properties and the environment, he/she, in addition to the penalty imposed, shall be fined ten (10) million pesos. b) The penalty of twelve (12) years and a fine ranging from One (1) million to Three (3) million pesos shall be imposed upon any person found guilty for violations of any of the acts or omissions under Section 11(6) to (15) of this Act. c) Any person, who, not being a principal under Article 17 of the Revised Penal Code, cooperates in the execution of the acts punished under Section 11(1) to (5) of this Act shall be considered an accomplice and shall suffer the penalty of imprisonment of 20 years and a fine of Three (3) million pesos (P3,000,000.00). d) Any person, who having knowledge of the commission of the acts prohibited and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: i) by profiting himself of assisting the offender to profit by the effects of the crime; or by concealing or destroying the body of the crime of the effects, or instruments thereof, in order to prevent its discovery; or iii) by harboring or concealing or assisting in the escape of the principal or conspirator of the crime;

shall be considered an accessory and shall suffer the penalty of imprisonment of twelve (12) years and a fine of Two million pesos (P 2,000,000.00). e) If any of the offenses under Section 11 is committed by a partnership, corporation, association or any other juridical person, the penalty of life imprisonment without the benefit of parole and a fine of Ten million pesos (P10,000,000.00) shall be imposed upon the partner, president, director, manager, or any responsible officer who participated in the commission of the offense, or knowingly permitted, or failed to prevent its commission. f) If the offender is a public official or employee, he or she shall, in addition to the imposable penalties, suffer dismissal from the service, forfeiture of retirement benefits, cancellation of any government eligibility and perpetual disqualification from holding public office. CHAPTER V EXTRATERRITORIAL APPLICATION AND INTERNATIONAL LEGAL COOPERATION

Sec. 14. Application outside Philippine Territory. - This Act shall apply to any

natural or juridical person in the territory of the Republic of the Philippines and shall extend to: a) any Filipino citizen outside the territorial jurisdiction of the Philippines who commits any of the offenses defined and penalized under this Act; b) any individual person who, although physically outside the territorial limits of the Philippines commits any of the offenses under this Act on board Philippine ship or airship; c) stateless persons whose habitual residence is the territory of the Republic of the Philippines.

Sec. 15. International Legal Cooperation and Assistance. —

a) Any offense set forth in this Act shall be deemed to be included as an extraditable offense in any extradition treaty between the Republic of the Philippines and other States, if punishable under the laws of the other contracting State.

b) The National Authority may collaborate with other State authorities and international organizations to provide and/or receive relevant data or information, and coordinate appropriate actions, regarding: i) the development, acquisition, manufacture, possession, transport, transfer or use of controlled biological agents and toxins; ii) the controlled biological equipment and technology; iii) the persons involved with items under subsections (a) and (b) for crime prevention and criminal proceedings in the implementation of this Act. c) If a State has entered into the appropriate reciprocity agreement with the Republic of the Philippines, the National Authority may provide, on its own initiative or on request, the data or information described in subsection (b) to that State so long as the other competent State authority provides assurances that such data or information shall: i) only be utilized for purposes consistent with this Act; and = only be used in criminal proceedings on the condition that they are obtained in accordance with those provisions governing international judicial cooperation. d) The National Authority may provide the data or information to international organizations if the conditions set forth in subsection (c) are fulfilled, in which case the requirement for a reciprocity agreement is waived. e) None of the offenses in Chapter II of this Act shall be considered, for the purposes of extradition or legal cooperation and assistance under this section, as a political offense or as an offense connected with a political offense or as an offense inspired by political motives. CHAPTER VI FINAL PROVISIONS

Sec. 16. Implementing Rules and Regulations. - The National Authority, with

participation of DOH, DOJ, and other appropriate agencies, shall promulgate the implementing rules and regulations to carry out the provisions of this Act within ninety (90) days after its effectivity.

Sec. 17. Separability Clause. - If any provision of this Act is held to be invalid

or unconstitutional, the provisions not otherwise affected shall remain valid and effective.

Sec. 18. Suppletory Application. - For purposes of this Act, the Revised Penal

Code and other applicable laws shall have suppletory application.

Sec. 19. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations and other issuances or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly, except the provisions of Republic Act 10697 or the Strategic Trade Management Act of 2015.

Sec. 20. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,

Text extracted from the scanned Senate document via OCR — it may contain recognition errors. The official PDF is the authoritative version.