Creation of an Inter-Agency Council on the International Maritime Organization Member State Audit Scheme

July 2, 2019

EXECUTIVE ORDER NO. 84

CREATION OF AN INTER-AGENCY COUNCIL ON THE INTERNATIONAL MARITIME ORGANIZATION MEMBER STATE AUDIT SCHEME

WHEREAS, pursuant to International Maritime Organization (IMO) Resolutions A. 1067 (28) and A. 1070 (28), adopted on 04 December 2013, to determine how the relevant obligations and responsibilities under IMO instruments are being carried out by Member States, the IMO Assembly instituted the IMO Member State Audit Scheme (IMSAS) covering: (i) safety of life at sea; (ii) prevention of pollution from ships; (iii) standards of training, certification and watchkeeping for seafarers; (iv) load lines; (v) tonnage measurement of ships; and (vi) regulations for preventing collisions at sea;

WHEREAS, the Philippines will undergo the IMSAS in 2021 and every seven (7) years thereafter;

WHEREAS, to ensure strict and full compliance with the commitments and obligations of the Philippines as a Member State of the IMO, both at the policy and technical levels, there is a need to carefully plan, manage, direct, coordinate and monitor the corresponding efforts of relevant national government agencies and instrumentalities;

WHEREAS, Section 17, Article VII of the 1987 Constitution provides that the President shall have control of all executive departments, bureaus and offices and shall ensure that laws are faithfully executed;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Creation of an Inter-Agency Council. — The Inter-Agency Council on the IMSAS (Council) is hereby created, to be composed of the Secretary of the Department of Transportation (DOTr) as Chairperson and the Administrator of the Maritime Industry Authority (MARINA) as Vice Chairperson, and representatives from the Department of Foreign Affairs, Philippine Coast Guard, Philippine Ports Authority and Cebu Port Authority, as members.

SECTION 2. Functions of the Council. — The Council shall ensure that its member-agencies shall implement and comply with all the policies, laws and issuances pertaining to the implementation of the IMO instruments in an integrated manner. Towards this end, the Council shall have the following functions:

a. Effectively and carefully plan, manage and monitor the efforts of national government agencies and instrumentalities involved in the implementation of applicable IMO instruments pertaining to: (i) safety of life at sea; (ii) prevention of pollution from ships; (iii) standards of training, certification and watchkeeping for seafarers; (iv) load lines; (v) tonnage measurement of ships; and (vi) regulations for preventing collisions at sea;

b. Ensure the adoption of rules and regulations implementing the provisions, requirements and technical annexes of applicable international instruments, as well as future amendments thereto;

c. Review, approve and implement a National Work Programme (NWP) as defined under Section 3 of this Order, as well as adopt mechanisms to ensure that international obligations and responsibilities of the Philippines as a flag, port and coastal State are fully satisfied; and

d. Perform such other functions as may be directed by the President.

SECTION 3. Creation of a Technical Working Group (TWG). — The Council shall be assisted by a TWG responsible for providing technical support on specific subjects of the IMSAS, to be composed of the following:

 

Chairperson:	Assistant Secretary for Maritime of the DOTr
Vice Chairperson:	Deputy Administrator for Operations of the MARINA
Members:	Representatives from the following agencies:
	a. Department of Foreign Affairs; b. Philippine Coast Guard; c. Philippine Ports Authority; d. Cebu Port Authority; e. Commission on Higher Education; f. National Mapping and Resource Information Authority; g. Environmental Management Bureau of the Department of Environment and Natural Resources; h. Bureau of Fisheries and Aquatic Resources of the Department of Agriculture; i. Office for Transportation Security of the DOTr; and j. Philippine National Police Maritime Group.

 

The TWG shall undertake the following:

a. Develop and submit to the Council an NWP on the implementation of the relevant IMO instruments which shall include the delineation of roles and responsibilities, institutional arrangements, and identification of resource requirements;

b. Develop a monitoring mechanism to assess the progress of implementation of IMO instruments;

c. Perform such functions as may be directed by the Council.

SECTION 4. Secretariat. — The Overseas Shipping Service of the MARINA shall serve as the Secretariat of the Council. It shall coordinate with relevant agencies on the status of the Council's plans and programs, and provide updates to the Council on the implementation of the NWP.

SECTION 5. Reportorial Requirement. — The DOTr shall submit to the Office of the President, through the Office of the Executive Secretary, annual reports on the implementation of this Order. CAIHTE

SECTION 6. Agency Support. — All other government offices and agencies are directed to render such prompt and necessary assistance, consistent with their respective mandates, to fully implement the provisions of this Order.

SECTION 7. Funding. — The initial funding requirements for the implementation of this Order shall be charged against sources to be identified by the Department of Budget and Management. The necessary funding for succeeding years shall be incorporated in the annual budget proposals of the member-agencies through the General Appropriations Act.

SECTION 8. Separability. — If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 9. Repeal. — All executive orders, rules and regulations, and other issuances or parts thereof which are inconsistent with this Order are hereby revoked, amended or modified accordingly.

SECTION 10. Effectivity. — This Executive Order shall take effect immediately.

DONE in the City of Manila, this 2nd day of July, in the year of Our Lord, Two Thousand and Nineteen.

 

Published in the Official Gazette, Vol. 115, No. 29, p. 7450 on July 22, 2019.