COMMITTEE NEWS
* A Publication of the Committee Affairs Department
VOLUME 17 | NO. 19 | 02-DECEMBER-2009
Proposed law controlling spread of weapons of mass destruction approved
Committee Source: PUBLIC ORDER AND SAFETY
THE COMMITTEE on Public Order and Safety, chaired by Representative Rodolfo Antonino (4th District, Nueva Ecija), approved with amendments a legislative measure seeking to prevent the proliferation of weapons of mass destruction.
The approved measure was the substitute bill to House Bill 6268, authored by the Chair himself, which seeks to prevent the proliferation of weapons of mass destruction by regulating the import, export, re-export, transit, transhipment and re-transfer of strategic goods, services or technology containing nuclear, chemical or biological weapons.
At the outset, Rep. Yevgeny Vincente Emano (2nd District, Misamis Oriental), who is the Vice-Chairman of the Committee and who presided over the meeting, underscored the importance of coming up with a law ensuring the country's security as well as addressing the global problem on the proliferation of weapons of mass destruction.
Rep. Emano mentioned that the fight against the spread of weapons of mass destruction is now focused on Asia, considering that it provides over 45 percent of the global economic output. Likewise, he said, 11 of the top 20 mega ports in the world are located in Asia and two-thirds of trade investments of the United States and Europe are in Asia.
Furthermore, Rep. Emano said while other countries in the region have already put in place their own domestic controls to ensure that "strategic and dual-use commodities" do not fall in the wrong hands, the Philippines has yet to come up with its own legislation on the matter.
The bill defines strategic goods and services as "military goods, services or technology that require special control in the interest of national security and foreign policy." While dual-use goods and items refer to "civilian or military goods or items capable of being used for non-military purposes that, when put together or assembled, may assist in the development, production, acquisition or stockpiling of weapons capable of causing mass destruction, including missiles capable of delivering such weapons."
Rep. Emano added that the bill supports the country's commitment to the United Nations Security Council Resolution 1540.
Said resolution provides that "all member states shall take appropriate and effective action against any threat to international peace caused by the proliferation of nuclear, chemical or biological weapons and their means of delivery and to implement them fully in order to promote international security."
Stakeholders present during the meeting manifested their support for the passage of the proposed measure.
Deputy Commissioner Rey Nicolas of the Bureau of Customs (BOC) stated that the bill would allow the BOC to effectively prevent groups and individuals from making the Philippines a transit point for strategic or dual-use goods that may be used for the production of weapons of mass destruction.
Police Senior Superintendent Antonio Gumiran of the Philippine National Police (PNP) requested that all permits to import materials covered under the PNP's mandate, such as explosives or firearms, should pass through the PNP for inspection and clearance. "This way, the PNP would be able to monitor the whereabouts and status of these goods," Gumiran said.
Exempt Gov't Arsenal
Lawyer Gladys Cagadoc of the Office of the Government Arsenal (GA) of the Department of National Defense (DND), meanwhile, recommended that her office be exempted from the requirement of securing a license or permit to import strategic or dual-use goods from the proposed regulatory body.
Cagadoc argued that the Government Arsenal is mandated to manufacture weapons and ammunitions for the PNP and other security agencies, and thus needs to regularly import the necessary raw materials.
The representative from the Philippine Nuclear and Research Institute (PNRI) of the Department of Science and Technology (DOST) also expressed the agency's support for the bill.
Dr. Alumanda Dela Rosa stated that the proposed law complements the Philippines' Safeguards Agreement with the International Atomic Energy Agency (IAEA) and the Additional Protocol which is awaiting ratification by the Senate.
According to Dela Rosa, under the said Additional Protocol, the PNRI is obligated to report and provide information on the manufacture, export and import of nuclear-related dual-use equipment, materials, software and technologies. She added that the PNRI's current mandate is to regulate the acquisition, possession, use, storage, transport, commercial sale, export and import of radioactive or nuclear materials for all purposes.
National Control List
On the query of Rep. Rodante Marcoleta (Party List, Alagad) if there is a control list and why the list was not included in the bill, Ambassador Florencio Fianza of the Office of the Special Envoy on Transnational Crime (OSETC) of the Office of the President explained that the Philippines has no such list at present and relies on the European Union's list.
But Fianza assured the Committee that the proposed Strategic and Dual-Use Goods and Items Control Council shall issue the National Control List as soon as the bill is approved.
As defined in the bill, the National Control List refers to a list of goods, items and technologies subject to licensing.
Source: Committee Administrative Support Service, Committee Affairs Department
