Section 16Sec./Art. 16

Powers and Functions of the Anti-Agricultural Economic Sabotage Council. The Council shall have the following powers and functions:

(a) Ensure the proper and effective implementation of the provisions of the Act;

(b) Coordinate the preparation of appropriate and effective measures to prevent and suppress the prohibited acts defined in this Act;

(c) Establish a mechanism of information-sharing among concerned agencies: Provided, That confidential information shall be retained within the Council to protect and preserve the operational integrity of the Council and its prosecutorial and enforcement bodies;

(d) Establish a comprehensive tracking and tracing system to oversee the value chain of agricultural commodities and collect and report real-time data on production, processing, transportation, storage, sale, import, and export documentation;

(e) Direct the speedy investigation and prosecution of all persons accused or detained for the crimes punishable under this Act, and monitor the progress of their cases;

(f) Coordinate and enlist the assistance of any branch, department, bureaus, office, agency, or instrumentality of government, including government-owned and -controlled corporations, and local government units LGUs), as well s the business sector and nongovernment organizations, in the implementation of this Act;

(g) Deputize other law enforcement agencies to further assist the Enforcement Group;

(h) Through the Executive Committee (EXECOM), exercise visitation and inspection powers by issuing LOA authorizing any member or a combination of members of the Enforcement Group to verify compliance with this Act and other relevant laws concerning the importation, purchase, storage, and sale of the relevant agricultural and fishery products. The EXECOM shall be composed of the President or the designated permanent representative to the Council, the DOJ, and the Enforcement Group;

(i) Notwithstanding existing laws to the contrary, authorize, supervise, and direct the visitation and inspection by any member or a combination of members of the Enforcement Group, as established under the Rules of Engagement and pursuant to the regulatory powers of each concerned agency, of areas where agricultural and fishery products covered by this Act are stored or kept;

(j) Formulate the Rules of Engagement of the Enforcement Group, within sixty (60) days from the effectivity of this Act;

(k) Determine and declare the existence of an abnormal situation under Section 8 and 9 of this Act;

(l) Facilitate international cooperation on intelligence, investigation, training, and capacity-building related to agricultural smuggling prevention, suppression, and prosecution;

(m) Hold in custody and dispose of confiscated, seized, and/or surrendered agricultural and fishery products subject of and properties used in the commission of the crime of economic sabotage;

(n) Grant monetary rewards and other incentives to informers who give vital information leading to the investigation, apprehension, arrest, detention, prosecution, and conviction of person/s who are liable for the crimes punishable under this Act. The monetary reward and incentive to informers shall be set at One million pesos (P1,000,000.00) or twenty percent (20%) of the value of the product, whichever is higher, but not to exceed Twenty million pesos (P20,000,000.00);

(o) Establish mechanisms to compensate persons whose agricultural and fishery products and properties have been subject of wrongful or illegal seizure, confiscation, destruction, or disposal: Provided, That the compensation shall include the actual value of the agricultural and fishery products and properties at the time of seizure, confiscation, destruction, or disposal, and the earnings lost by reason of wrongfully or illegal seizure, confiscation, destruction, or disposal as may be determined by the Court of Tax Appeals;

(p) Create a permanent Secretariat define its functions, constitute its staff complement, and set their salaries and other emoluments: Provided, That majority of the staff shall be selected from the different member agencies of the Council with individual expertise appropriate to the needs of the Council, consistent with civil service laws, rules and regulations; and

(q) Perform all other powers and functions related to the efficient and effective prevention and suppression of the acts herein prohibited.