On Jan 23, 2024, Philippine approved on the House Bill (HB) 9571, Chemical Weapons Bill (also known as the Chemical Weapons Prohibition Act), which prohibits the development, production, acquisition, stockpiling or retention of any chemical weapons to fulfill its commitment under the Chemical Weapons Convention (CWC). HB9571 not only lists prohibition on chemical weapons but also includes an annex containing a list of prohibited chemicals (Schedule 1 to 3), which involve substances similar to chemicals subject to supervision and control in China. Chemicals in Schedule 1 to 3 correspond broadly to chemicals subject to supervision and control in the first, second and third and fourth categories of the Inventory. The obligations in HB9571 are consistent with those of the CWC.
HB 9571 prohibits the following provisions:
- Transfer, directly or indirectly, chemical weapons to persons;
- Use of chemical weapons;
- Any military preparations to use a chemical weapon;
- To engage in, assist, encourage or induce a person in any way to engage in any activity that is prohibited to a State Party under the Convention;
- To use a riot control agent as a method of warfare;
- To export and import Schedule 1 chemicals to or from a State not a Party to the Convention.
It shall be noted that 193 State Parties under the Convention include China, the US, Russia, the UK, etc.
In accordance with the Part VI of the CWC Annex, other obligations include prohibiting the production, acquisition, retention, transfer, and use of chemicals in Schedule 1; prohibiting the mass production of chemicals in Schedule 2. In accordance with the Parts VI, VII, and VIII of the CWC Annex, on-site inspections and on-site instrumental monitoring are required for chemicals in Schedule 1 to 3. In addition, chemicals and facilities in the Bill are required to be declared and provide the annual reports.
Violators will face penalties ranging from 12 years to life imprisonment, as well as fines ranging from 2 to 5 million Philippine pesos. Under the bill, any chemical weapon subject to the offense, the fruits and proceeds and such other instrument related thereto, shall be forfeited in favor of the government, and that the cost of destruction or disposal shall be borne by the erring individual or entity.
The Bill designates the Anti-Terrorism Council (ATC) as the Philippine National Authority for the Chemical Weapons Convention (PNA-CWC), and subsequently, the PNA-CWC will issue implementing rules and regulations to ensure the effective enforcement of this Bill.
The above-mentioned Schedules have been included to ChemRadar.
