Counter Foreign Interference Act

A7010 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -4 P5:44 SENATE RECEIVED BY. S. No. - Introduced by Senator Jinggoy Ejercito Estrada AN ACT PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES AND CREATING THE COUNTER FOREIGN INTERFERENCE COUNCIL, AND FOR OTHER PURPOSES EXPLANATORY NOTE Nine foreigners (6 Chinese, 1 Malaysian, 1 Indonesian, 1 Kazakhstani) and two Filipinos were arrested after being caught carrying bags of cash amounting to P441.9 million at the Mactan Cebu International Airport, a few days before the May 12, 2025 midterm elections. In a statement, the Armed Forces of the Philippines (AFP) pointed out that the involvement of foreign nationals strongly suggests the "alarming possibility of foreign interference in our sovereign electoral process.!" Back in 2020, Meta removed two separate networks - including one which originated in China with 155 accounts, 11 pages, 9 groups and 6 Instagram accounts - for violating their policy against foreign or government interference which is coordinated inauthentic behavior on behalf of a foreign or government entity?. This raised concerns about the apparent use of social media platforms in peddling black propaganda and fomenting distrust and confusion, and the urgent need to safeguard our electoral systems against foreign intrusion. 1 AFP Statement on Law Enforcement Interception of P441 Million in Cash at MCIA, Potential Election Interference, 11 May 2025. Accessed through: https://www.afp.mil.ph/news/afp-statement-on-law- enforcement-interception-of-p441-million-in-cash-at-mcia-potential-election-interference 2 "Removing Coordinated Inauthentic Behavior." 22 September 2020. Accessed through: https://about.fb.com/news/2020/09/removing-coordinated-inauthentic-behavior-china-philippines/

In other jurisdictions, there were also reported cases and concrete steps made against foreign interference. In Singapore, a professor was expelled after he was found out to have acted as an agent of influence of a foreign country and worked with that country's intelligence agents to covertly advance its agenda?. In September 2023, Canada created the Foreign Interference Commission following reports of Russian interference in the 2016 US presidential election and leaks relating to the French presidential election, and mounting concerns and pressure to find ways to detect, investigate and counter such activities. Australia set up emergency hotlines for individuals and secure portals for businesses and research institutions to easily report suspected foreign interference, suspicious activities or any incident of intimidation, coercion and threats', and appointed a National Counter Foreign Interference Coordinator (NCFIC) to disrupt and deter foreign interference activities®. This measure aims to strengthen the country's legal framework against foreign infiltration and interference which undermine our institutions and threaten our sovereignty. This bill is aligned with the goals outlined under the National Security Policy 2023-2028 which ensures political stability, peace and public safety through the promotion of electoral security, particularly transparency, fair participation, accountability and freedom from foreign interference. Considering the ease of propagating disinformation, launch of cyber-attacks and similar hostile actions brought about by technological advancements and digital interconnectedness between countries, measures must be in place to protect and uphold the country's independence and our democratic way of life. The consideration and approval of this bill is hereby recommended. JINGÇOY EJERCITO ESTRADA 3 Singapore and Foreign Interference. Accessed through: https://www.mha.gov.sg/what-we-do/foreign- interference/singapore 4 https://foreigninterferencecommission.ca/about/frequently-asked-questions 5 Countering Foreign Interference in Australia. Accessed through: https://www.homeaffairs.gov.au/nat- security/files/cfi-australia.pdf * Countering Foreign Interference in Australia: Working towards a more secure Australia. Accessed through: https://www.homeaffairs.gov.au/about-us/our-portfolios/national-security/countering-foreign- interference/overview

Affice of the eme TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -4 P5:44 First Regular Session SENATE RECEIVED BY: S. No. - Introduced by Senator Jinggoy Ejercito Estrada 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 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 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 and secure its national sovereignty and security through the institution 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 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) Foreign Agent - refers to any person who acts or agrees to act as political information consultant, public relations counsel, publicity agent, 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. 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 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 legitimate functions as such; c) Foreign Intelligence Agency - refers to a specialized organization responsible for the collection, analysis, and dissemination of intelligence related to foreign entities, including governments, organizations, and individuals to ensure national security and support governmental operations; d) 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; e) Foreign Proxy - refers to any person with a formalized relationship with the foreign state who wittingly or knowingly conducts activities on behalf of the foreign state's interests; f) Internet Access Service Provider - refers to any organization that provides individuals and companies with access to the internet and related services; g) 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; h) Person - refers to an individual, partnership, association, corporation or any other combination of individuals; and

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

2 coercive, or threatening conduct whether alone or on behalf of, or in collaboration with, or directed, funded, or supervised by, a foreign principal, its agent or proxy, with the intention or without regard that such conduct will influence the political or 5 governmental process, affect the exercise of democratic or political rights or duties in 6 the Philippines or any part thereof, support the intelligence activities of a foreign 7 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

10 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 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 referendum, shall be guilty of foreign interference by electronic communications activity.

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 hereof 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. Proposal to commit foreign interference is committed when a person who has 5 decided to commit any of the crimes defined and penalized under the provisions of 6 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 foreign interference as described in the immediately preceding sections, or gives them 10 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 has performed them knowingly, unless the contrary is proven.

Sec. 11. 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, a fine of not less than Five million pesos (Php 5,000,000.00) nor more than Ten million pesos (Php 10,000,000.00), or both at the discretion of the court. Any person found guilty of committing acts under Sections 7 and 9 shall be punished with imprisonment of Twenty (20) years, a fine of Five million pesos (Php 5,000,000.00) but not more than Ten million pesos (Php 10,000,000.00), or both at the discretion of the court. Any person found guilty of 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 (12) years of imprisonment, or a fine of not less than Two million pesos (Php 2,000,000.00) but not more than Five million pesos (Php 5,000,000.00), or both at the discretion of the court.

Sec. 12. 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, he/she shall 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. 13. Trial of Persons Charged Under this Act. - Any person charged for

5 violations of any of the provisions of this Act shall be tried in special courts created for 6 this purpose. In this regard, the Supreme Court shall designate certain branches of 7 the Regional Trial Courts as Counter Foreign Interference Courts whose jurisdiction is exclusively limited to try violations of this Act. Person charged under the provisions of this Act and witnesses shall be allowed 10 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 Supreme Court.

Sec. 14. The Counter Foreign Interference Council. - A Counter Foreign

Interference Council (CFIC) is hereby created. The CFIC shall be composed of: a) Executive Secretary, who shall be the Chairperson; b) National Security Adviser, who shall be the Vice Chairperson; c) Members: i) Department of Justice (DOJ; il) Department of Foreign Affairs (DFA); iII) Department of the Interior and Local Government (DILG); iv) Department of National Defense (DND); V) Department of Information and Communications Technology (DICT); and vi) Anti-Money Laundering Council-Secretariat (AMLCS) as members. The Commission on Higher Education (CHED), Department of Trade and Industry (DTI), National Bureau of Investigation (NBI), Armed Forces of the Philippines (AFP), and the 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 interference, thereby protecting democratic processes, economic stability, and national security.

Sec. 15. Functions of the CFIC. - 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; j) 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 1) Perform such other functions necessary to counter foreign interference.

Sec. 16. Secretariat. - The National Intelligence Coordinating Agency (NICA)

shall serve be the Secretariat of the CFIC and shall carry out the following functions:

a) Provide administrative support to the CFIC by scheduling and organizing meetings; b) Organize and maintain a repository of documents, reports, and other materials related to the Council's work, including records of meetings, decisions, and actions taken by the CFIC; c) Handle internal communications between the Council members and act as a liaison between the CFIC and external stakeholders; and d) Monitor the progress of the Council's initiatives.

Sec. 17. Access Blocking Order. - If, upon determination of the Counter Foreign

10 Interference Council (CFIC) that an electronic communication as provided under 11 Section 6 will prejudice national or public security, negatively impact public health, safety or finances, affect diplomatic relations, incite enmity among groups or individuals, undermine public confidence in authorities, or influence the outcome of elections or referendum, 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 (Php 1,000,000.00) for each day during which any part of that order is not fully complied with, up to a total of Five hundred million pesos (Php 500,000,000.00).

Sec. 18. Implementing Rules and Regulations. - The CFIC and the DOJ shall

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

Sec. 19. Separability Clause. - If any part or provision of this Act is declared

unconstitutional or invalid, the other provisions not affected thereby shall remain in full force and effect.

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

regulations and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 21. Effectivity. - This Act shall take effect fifteen (15) days after its

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