Marcos inks law on chemical weapon ban

Metro Manila, Philippines - President Ferdinand Marcos Jr. has signed Republic Act 12174 — a law prohibiting the development, production, stockpiling, and use of chemical weapons.

The new law, which was signed April 15 and made public on Friday, formally created the “Chemical Weapons Convention” which bans any entity, including the government, from acts involving chemical weapons.

“The State shall not, under any circumstance, develop, produce, manufacture, acquire, possess, stockpile, retain, or use chemical weapons, or engage in any other activities prohibited under the Convention,” the law states.

Under the act, a chemical weapon is defined as toxic chemicals and their precursors used for munitions and devices “designed to cause death or other harm through the release of toxic properties from the chemicals” and any equipment designed for such purposes.

Other actions prohibited include:

engagement in any military preparation with the use of a chemical weapon,

assisting or inducing a person to engage in similar activity

• use a riot control agent as a method of warfare

• and export or import of chemicals to or from a state not a party to the Convention

The Convention also criminalizes the financing of such acts and the unauthorized possession of chemical precursors or scheduled toxic chemicals.

Penalties for violators include life imprisonment without the benefit of parole or a fine between ₱2 million and ₱5 million.

The Anti-Terrorism Council (ATC) is designated as the national authority to implement the Convention and is tasked to coordinate with the Organisation for the Prohibition of Chemical Weapons (OPCW).

ATC will also be the agency to develop the implementing rules and regulations (IRR) of the new law. The council is also tasked to collaborate with other state authorities and international organizations to effectively implement the Convention.

Meanwhile, the Armed Forces of the Philippines will be responsible for the custody and proper disposal of any confiscated chemical weapons.

RA 12174 also states that it not only applies within Philippine territory but also to Filipino individuals or entities abroad, including those aboard Philippine-registered vessels and aircraft.

To ensure transparency, the ATC is enforced to submit annual declarations to the OPCW about activities involving toxic chemicals and relevant facilities.

However, the law also reserves the right of authorities to protect confidential information obtained under the law and said it will only be disclosed “for compliance, enforcement, or public safety emergencies.”

The law will take effect 15 days after its publication in the Official Gazette or in a newspaper.