Counter Foreign Interference Act

Morter of died. dar TWENTIETH CONGRESS OF THE } REPUBLIC OF THE PHILIPPINES 25 JUL 15 P5:18 First Regular Session SENATE RECEIVED Br S.B. No.. Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES AND CREATING THE COUNTER FOREIGN INTERFERENCE COUNCIL, AND FOR OTHER PURPOSES EXPLANATORY NOTE The increasing concern of the government regarding potential foreign interference in the Philippines' political and governmental affairs has prompted a deeper examination of the tactics and objectives employed by some wicked state actors. These actors have been infiltrating key areas of the bureaucracy, media, and critical infrastructures, thereby threatening the nation's national security, political stability, and sovereignty. A 2022 paper by the Royal United Services Institute entitled Malign Interference in Southeast Asia' highlights the different avenues through which such interference takes place. These include informational interference, which involves manipulating social media and other platforms to spread false narratives and advance hostile state messaging; political interference, which includes infiltrating local politics, influential communities, and ethnic organizations; and economic interference, which involves investments or acquisitions in sensitive critical national infrastructure such as telecommunications and defense-related assets. Despite these growing threats, the Philippines still lacks a specific law directly addressing foreign interference. The existing legal framework, enacted in 1979,2 is outdated and inadequate to respond to the evolving and increasingly sophisticated tactics used by foreign actors. In contrast, countries like Singapore have already enacted proactive and preventive legislation, such as the Foreign Interference (Countermeasures) Act (FICA), to safeguard their sovereignty. Given rapid technological advancements and new methods of influence, there is an urgent need to establish a modern and comprehensive legal measure to effectively counter these threats. The proposed measure seeks to penalize the various ways by which foreign agents and entities interfere in Philippine political and governmental processes. It aims to sateguard national security and uphold democratic integrity by punishing individuals and organizations engaged in malign actions that serve foreign interests. The 1 https://static.rusi.org/malign-interference-in-southeast-asia.pdf 2 Batas Pambansa Bilang 39 or the "Foreign Agents Act of 1979"

bill explicitly prohibits support for foreign intelligence agencies and seeks to prevent the infiltration of key institutions. Furthermore, the proposed legislation expands its scope to include harmful electronic communications and imposes obligations on internet service providers to block access to electronic content deemed prejudicial to national security and public safety. Notably, it also penalizes the mere planning or conspiring to commit acts of foreign interference, thereby reinforcing the State's proactive stance in protecting its democratic processes from external manipulation. In view of the foregoing, the immediate passage of this bill is earnestly sought to protect the country's sovereignty, preserve democratic values, and strengthen national security against evolving external threats. JUAN MIGUEL "MIGZ" F. ZUBIRI

"e ather of tie di TWENTIETH CONGRESS OF THE } 25 JUL 15 P5:18 REPUBLIC OF THE PHILIPPINES } First Regular Session } RECEIVED 6' SENATE S.B. No. — Introduced by Senator Juan Miguel F. Zubiri 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 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 and

order, protect life, liberty, and property, and promote the general welfare as essential for the enjoyment of all citizens of the blessings of democracy. Moreover, it is the policy of the State to pursue an independent foreign policy wherein national sovereignty, territorial integrity, national interest, and the right to self-determination serve as paramount considerations in its relations with other states. Towards this end, the State shall endeavor to protect and secure its national sovereignty and security through the enactment of measures aimed at enhancing the nation's capacity to detect, prevent, and respond to foreign interference and other related threats, thereby protecting our democratic processes, economic stability, and national interest and 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 - An intentional or reckless act 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 or funded directly or indirectly in whole or in part by a foreign principal. The term "foreign agent" 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 his/her legitimate functions as such. d. Foreign Intelligence Agency- is a specialized foreign organization responsible for the collection, analysis, and dissemination of intelligence related to foreign entities, including governments, organizations, and individuals. e. Foreign Principal- refers to the government of a foreign country or a 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. i. People - refers to an individual, partnership, association, organization, corporation, combination of individuals or any other persons collaborating with foreign agents, principals or proxies.

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

coercive, or threatening conduct whether alone or on behalf of, or in collaboration with, or directed, funded, subsidized, or supervised by, a foreign principal, its agent or proxy, with the intention or without regard that such conduct will influence the political or 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 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 or material support to, receive or obtain funds from, or directly or indirectly make available funds to, a foreign intelligence agency or any person acting on behalf of such agency.

Sec. 6. Foreign Interference by Electronic Communications Activity. Any person who

electronically publish, alter, or delete information or materials on behalf of a foreign principal, its agent or proxy, knowing or having reason to believe that the publication, alteration or deletion is likely to 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, shall be guilty of foreign interference by electronic communications activity. If, upon determination of the Counter Foreign Interference Council (CFIC) that an 46 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 Access Blocking Order directing the internet access service provider to take reasonable steps to disable access by end-users in the Philippines to the online publication. An internet access service provider that does not comply with any access blocking order shall be fined with One Million Pesos (P1,000,000.00) for each day during which any part of that order is not fully complied with, up to a total of Five Hundred Million Pesos (P500,000,000.00).

Sec. 7. Preparing or Planning for a Foreign Interference Offense. Any person who

participates in the planning, preparing, or facilitating the commission of acts defined and penalized under Sections 4, 5 and 6 hereof shall be guilty of preparing or planning to commit foreign interference.

Sec. 8. Conspiracy to Commit Foreign Interference. Any conspiracy to commit

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

Sec. 9. Proposal to Commit Foreign Interference. Any person who proposes to

commit foreign interference as defined in Sections 4, 5, 6, and 7 hereof shall be held liable. roposal to commit toreign interterence is committed when a person who ha. ecided to commit anv of the crimes defined and penalized under the provisions of thi 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 foreign interference as described in the immediately preceding sections, or gives them information on the movements of the military, law enforcement authority or intelligence units, when the latter are performing their official functions shall be guilty of aiding and abetting the commission of foreign interference. It shall be presumed that the person performing any of the acts mentioned herein 33 has performed them knowingly, unless the contrary is proven.

Section 11. Reckless Imprudence Resulting in Foreign Interference. Any person

who, through reckless imprudence, engages in conduct that facilitates or results in foreign interference as defined in Section 4, shall be penalized accordingly. For purposes of this section, reckless imprudence refers to acting with inexcusable lack of precaution or disregard of foreseeable consequences, thereby enabling or contributing to the influence of the political or governmental process, affecting the exercise of democratic or political rights or duties in the Philippines, supporting the intelligence activities of a foreign principal, or prejudicing national security.

Sec. 12. Penalties. Any person found guilty for knowingly committing any of the

acts under Sections 4, 5, 6 and 8 of this Act shall be punished with life imprisonment and

a fine of not less than Five Million Pesos (P5,000,000.00) nor more than Ten Million Pesos 2 (10,000,000.00), or both. Any person found guilty of reckless interference, aiding, abetting or protecting persons committing foreign interference as defined herein or giving information on the matters enumerated herein shall suffer the penalty of twelve years and a fine of not less than Two Million Pesos (P2,000,000.00) but not more than Five Million Pesos 7 (P5,000,000.00), or both.

Sec. 13. Offense by Public Officials and Aliens. - The maximum penalties provided

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

Sec. 14. Trial of Persons Charged Under this Act. - Any person charged for violations

of any of the provisions of this Act shall be tried in special courts created for this purpose. 18 Courts as Counter Foreign Interference Courts. 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 be known to science as approved by the

Sec. 15. The Counter Foreign Interference Council. A Counter Foreign Interference

Council (CFIC) is hereby created. The members of the CFIC are: (1) Executive Secretary, as Chairperson, (2) National Security Adviser, as Vice Chairperson, (3) The Secretary of Justice (4) Department of Foreign Affairs (DFA), (5)Department of the Interior and Local Government (DILG),(6) Department of National Defense (DND), (7) Department of Information and Communications Technology (DICT), and (8) Anti-Money Laundering 29 Council-Secretariat (AMLCS), as its members. In case the Chairperson, the Vice Chairperson and members designate their permanent representative to the Council, such representative shall be at least with a rank 32 of Assistant Secretary. The (1) Commission on Higher Education (CHED), (2) Department of Trade and Industry (DTI), (3) National Bureau of Investigation (NBI), (4) Armed Forces of the Philippines (AFP), and the (5) Philippine National Police (PNP) shall serve as the 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 42 interference, thereby protecting democratic processes, economic 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, information dissemination 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. Foster international partnerships and collaborate on counter interference efforts with other countries and global organizations; j. Conduct regular risk assessments to identify vulnerabilities and develop strategies to mitigate potential threats; k. Monitor the effectiveness of counter-interference strategies and provide reports on progress and challenges; and I. Oversee the allocation and management of resources necessary for effective counter-interference operations.

Sec. 16. Secretariat of CFIC. The National Intelligence Coordinating Agency of the

Philippines (NICA) shall be the Secretariat of the CTIF and shall be responsible for the following functions: a. Provide administrative support to the CTIF by scheduling and organizing meetings; b. Organize and maintain a repository of documents, reports and other materials related to the task force's work, including records of meetings, decisions and actions taken by the task force; c. Handle internal communications between task force members and act as a liaison between the task force and external stakeholders; and d. Monitor the progress of the task force's initiatives.

Sec. 17. Extraterritorial Application. Subject to the provision of any treaty of which

the Philippines is a signatory and to any contrary provision of any law of 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, 9, 10 and 11 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 said crimes mentioned in Paragraph (a) hereof on board Philippine ship or Philippine airship; c. To individual persons who commit any of 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; d. 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 e. To individual persons 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 such individual enters or is inside the territory of the Philippines: Provided, That, in the absence of any request for extradition from the state where the crime was committed or the state where the individual is a citizen or national, or the denial thereof, the CFIC shall refer the case to the Bureau of Immigration for deportation or to the DO] for prosecution in the same manner as if the act constituting the offense had been committed in the Philippines.

Sec. 18. Authority of the Anti-Money Laundering Council. In addition to the

unlawful activities enumerated under Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended, foreign interference, in any form, is hereby considered as an unlawful activity subject to the authority of the Anti-Money Laundering Council to conduct financial investigation, freezing of accounts, and forfeiture 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 as defined and penalized under this Act: and (b) property or funds 36 of any person or persons in relation to whom there is probable cause to believe that such persons are committing or attempting or conspiring to commit, or participating in or facilitating the commission of any offenses under this Act. The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government, including government-owned and - controlled corporations in undertaking measures to prevent the financing of foreign interference or support to foreign intelligence, which may include the use of its personnel, facilities and resources.

For purposes of this section and notwithstanding the provisions of Republic Act No. 1405, otherwise known as the "Law on Secrecy of Bank Deposits", as amended; Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the Philippines, as amended; Republic Act No. 8791, otherwise known as 'The General Banking Law of 2000" and other laws, the AMLC is hereby authorized to inquire into or examine deposits and investments suspected of any of the crimes defined and penalized under the provisions of this Act with any banking institution or non-bank financial institution and their subsidiaries and affiliates without a court order. Any person who, without lawful excuse, refuses to disclose information or to comply with any lawful order issued by the Anti-Money Laundering Council in connection with the investigation or enforcement of this Act shall be penalized with imprisonment of six (6) months to four (4) years, or a fine of not less than One Hundred Thousand Pesos (Php 100,000.00) but not more than Five Hundred Thousand Pesos (Php 500,000.00), or both, at the discretion of the court shall be liable under section 14 of Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended.

Sec. 19. Surveillance of Suspects and Interception and Recording of

Communications. The provisions of the Republic Act No. 4200, otherwise known as the "Anti-Wiretapping Law to the contrary notwithstanding, a law enforcement agent or intelligence officer, who are duly authorized by their respective heads of agency may, upon a written order of the Regional Trial Court where any of the elements has been 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, mechanical or other equipment or device or technology now known or may 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 representative; (b) between foreign agent and member of the Philippine community; or (c) any person charged or suspected of committing any of the provisions of this act. The law enforcement agent or intelligence officer shall likewise be obligated to (1) file an ex-parte application with the Regional Trial Court for the issuance of an order, to compel telecommunications service providers (TSP) and internet service providers (ISP) to produce all customer information and identification records as well as call and text data records, content and other cellular or internet metadata of any person suspected of any of the crimes defined and penalized under the provisions of this Act; and (2) furnish the National Telecommunications Commission (NTC) a copy of said application. The NTC shall likewise be notified upon the issuance of the order for the purpose of ensuring immediate compliance. Any person, TSP, or ISP who, without lawful excuse, refuses to disclose information or to comply with any lawful order issued pursuant to this Act, including orders of the court authorizing surveillance or the production of records and data, shall be penalized with imprisonment of six (6) months to four (4) years, or a fine of not less than One Hundred Thousand Pesos (Php 100,000.00) but not more than Five Hundred Thousand Pesos (Php 500,000.00), or both, at the discretion of the court.

Sec. 20. Implementing Rules and Regulations. The CFIC shall forthwith

promulgate such rules and regulations for the effective implementation of this Act within ninety (90) days after its effectivity.

Sec. 21. Separability Clause. If any part or provision of this Act is held invalid or

unconstitutional, the other provisions not affected thereby shall remain in full force and

Sec. 22. Repealing Clause. All provisions of law which are in conflict with this Act

5 are hereby repealed or modified accordingly.

Sec. 23. Effectivity. This Act shall take effect fifteen (15) days after its publication

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