Section 3Sec./Art. 3

Definition of Terms. - As used in this Act:

(a) Chemical Weapon refers to one (1) or a combination of the following:

(1) Toxic chemicals and their precursors, except when intended for purposes not prohibited under the Convention, where the type and quantity is consistent with such purposes;

(2) Munition and devised designed to cause death or other harm through the release of toxic properties from the chemicals specified in subparagraph (1) herein, as a result of using such munitions and devices; and

(3) Any equipment specifically designed to be used directly for the employment of munitions and devices specified in subparagraph (2) herein:

(b) Facility refers to any of the industrial sites defined below:

(1) Plant Site (Works, Factory) refers to the local integration of one (1) or more plants, with any intermediate administrative levels, which are under one (1) operational control, and includes common infrastructure, such as:

(i) Administration and other offices;

(ii) Repair and maintenance shops;

(iii) Medical center;

(iv) Utilities;

(v) Central analytical laboratory;

(vi) Research and development laboratories;

(vii) Central effluent and waste treatment area; and

(viii) Warehouse storage.

(2) Plant (Production facility, Workshop) refers to a relatively self-contained area, structure, or building containing one (1) or more units with auxiliary and associated infrastructure, such as:

(i) Small administrative section;

(ii) Storage or handling areas for feedstock and products;

(iii) Effluent or waste and handling treatment area;

(iv) Control or analytical laboratory;

(v) First aid service or related medical section; and

(vi) Records associated with the movement into, around, and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as appropriate;

(3) Unit (Production unit, Process unit) refers to the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing, or consumption of a chemical:

(c) Person refers to any individual, corporation, partnership, firm, association, trust, estate, public or private institution, political entity, foreign government or nation, agency, instrumentality or political subdivision of any such government or nation, or other entity located in the Philippines;

(d) Precursors refer to a chemical reactants which take part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multi-component chemical system. Precursors which have been identified for the application of verification measures by the Organisation for the Prohibition of Chemical Weapons (OPCW) are listed as scheduled chemicals of the Convention's Annex on Chemicals;

(e) Purposes not prohibited under the Convention shall mean:

(1) industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes;

(2) Protective purposes directly related to protection against toxic chemicals and chemical weapons;

(3) Military purposes not connected with the use of chemical weapons and not dependent on the use of toxic properties of chemicals as a method of warfare; and

(4) The use of non-lethal weapons which are not prohibited under this Act and the Convention, for the maintenance of public security and order by:

(i) Law enforcement authorities;

(ii) The Armed Forces of the Philippines (AFP) when taking measures to suppress insurgency and other serious threats to national security, and where the use thereof is most appropriate other than the use of deadly force; and

(iii) The AFP within the framework of a system of mutual collective security, and training for its use:

(f) Riot control agent refers to any chemical not listed as a scheduled chemical in the Convention's Annex on Chemicals which can rapidly produce sensory irritation or disabling physical effects in humans that disappear within a short time following termination of exposure;

(g) Schedule chemicals refer to chemicals listed in Scheduled 1, 2, and 3 of the Convention's Annexes on Chemicals as attached and made an integral part hereof and any subsequent amendments thereto; and

(h) Toxic chemicals refers to those which, through chemical action on life processes, can cause death, temporary incapacity or permanent harm to humans or animals. This includes all such chemicals therein, regardless of origin or method of production, and regardless of whether they are produced in facilities, munitions, or elsewhere.

Toxic chemicals which have been identified for the application of verification measures by the OPCW are listed in the scheduled chemicals in the Convention's Annex on Chemicals. Unless a contrary intention appears, an expression or term that is used both in this Act and the Convention but is not defined in this Act, shall have the same meaning provided in the Convention. Verification Annex means the Convention's Annex on Implementation and Verification.