Guidelines in the Accreditation of MARSEC Training Institutions/Centers/Schools

September 15, 2016

DOTC MEMORANDUM CIRCULAR NO. 007-16

 

Pursuant to Executive Order No. 311 dated 26 April 2004: Chapter XI-2 IMO-SOLAS 1974; the IMO-ISPS Code; the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI); and Office for Transportation Security Transportation Security Regulation (OTS-TSR) No. 011-2007 dated October 1, 2007 in compliance with the functional requirements set forth on 1.3.7 of the ISPS Code requiring training, drills and exercises to ensure familiarity with security plans and procedures, the OTS adopts the following guidelines governing the accreditation of maritime security (MARSEC) training institutions/centers/schools (ICS). HSAcaE

I. PURPOSE. This Memorandum Circular (MC) serves to ensure that MARSEC ICS meet and maintain the prescribed national standards by OTS in the conduct of MARSEC-related training courses.

II. SCOPE. This MC applies to all MARSEC ICS which offer or shall offer and conduct MARSEC-related training courses.

III. POLICY GUIDELINES

A. The OTS, as the designated single authority responsible for ensuring that the International Maritime Organization (IMO) SOLAS Chapter XI-2 (International Ship and Port Facility Security (ISPS) Code) is implemented, and that a National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI) is formulated, developed and implemented, shall:

1. Evaluate and assess the performance of MARSEC personnel, equipment, and facilities; and establish, on a continuing basis, performance standards for such personnel, equipment and facilities; and

2. ensure that training ICS meet and maintain the national standards prescribed by OTS for NSPSTMI and ISPS Code-related training courses, through the process of accreditation.

B. Port facilities shall ensure that all MARSEC personnel undergo the required training and understand their duties and responsibilities, as described in the port facility security plan, in compliance with relevant requirements of Chapter XI-2 "Special Measures to Enhance MARSEC" and part A of the ISPS Code, taking into account the guidance given in part B thereof.

IV. THE ACCREDITATION PROCESS FOR MARSEC TRAINING ICS

A. Application for Accreditation. The applicant-training ICS, through its authorized representative, must: AScHCD

1. File a letter of intent, addressed to the OTS Administrator, to be accredited as a training ICS to offer and conduct MARSEC-related courses;

2. Support the application with the documentary requirements/information (Annex B);

3. Submit to survey and inspection of the premises of training ICS by the personnel of Transport Security Accreditation & Training Management Service (TSATMS), undertaken to validate submitted documents/information.

B. Review and Evaluation of the Application for Accreditation. The determination of eligibility of the training ICS to offer and conduct MARSEC-related courses shall be in accordance with the following procedures:

1. The TSATMS shall:

a. Do the initial examination and verification of the submitted documentary requirements/information;

b. Conduct survey and inspection of the premises of training ICS to validate submitted documents/information;

c. Recommend to the Accreditation Board the approval/disapproval of application for accreditation.

2. The Accreditation Board shall:

a. Assess, to validate or invalidate, the recommendation of the TSATMS based on honest and fair evaluation of the submitted documents/information;

b. Recommend to the Administrator, OTS the issuance of Certificate of Accreditation, upon proper determination that the applicant meets/satisfies all the requirements for eligibility;

c. Issue Notice of Denial of Application for Accreditation, setting forth the reason(s) thereof, to the applicant training ICS which fails to meet/satisfy the eligibility requirements. HESIcT

C. Issuance of Certificate of Accreditation. Upon recommendation of the Accreditation Board, the Administrator shall issue the Certificate of Accreditation to the successful applicant training ICS.

D. Validity of Certificate of Accreditation. The Certificate of Accreditation shall be valid for three (3) years, from the date of issue stated in the certificate.

V. POST-ACCREDITATION SYSTEM

A. Renewal of Accreditation. One-month before the expiration of the previously issued Certificate of Accreditation, the bearer training ICS shall file an application for renewal, in accordance with the procedure in IV (A).

B. Reporting System. As one of the basis for evaluation of the implementation of prescribed national standards by OTS:

1. The accredited training ICS shall prepare and maintain a report and regularly update it.

2. The OTS, through the TSATMS, shall keep a record of accredited training ICS and its certified instructors; of approved training courses and copies of curriculum materials.

C. Continuous Monitoring and Evaluation of Accredited MARSEC Training ICS. To ensure that the prescribed national standards by OTS, in the conduct of MARSEC-related courses are met at all times or maintained at the highest attainable level, OTS shall:

1. Conduct, through TSATMS Training Assessors/Evaluators, system testing at random or on planned visit twice a year, using as a tool the OTS training package.

2. Recommend enhancement of existing system; or rectification of deficiencies, if any, and possible remedial/corrective actions.

3. Review and evaluate the corrective action(s) undertaken in the next scheduled or random visit.

D. Revocation/Cancellation of Certificate of Accreditation. The following are the grounds for the revocation/cancellation of Certificate of Accreditation:

1. Three consecutive trainee(s) passing percentage of less than 70% during random or planned system testing

2. Subsequent discovery of any misrepresentation of information in the submitted documents/information AcICHD

3. Failure to maintain the prescribed national standards at the highest attainable level for three consecutive system testing

4. The owner or head of the training ICS is charged with administrative offense or a crime involving moral turpitude

5. Other analogous case(s)

VII. MISCELLANEOUS PROVISIONS

A. Construction. The provisions herein shall be liberally construed to promote its MARSEC objectives.

B. Reservation. Nothing herein shall be construed as precluding OTS, through its Administrator, from implementing herein provisions and from prescribing other requirements to meet the constantly evolving challenges in MARSEC.

C. Amendments. Nothing in this circular shall restrict the authority of OTS, through its Administrator, to modify, amend or repeal any provision of the circular through subsequent issuances.

D. Repeal. All orders, rules, regulations and issuances, or parts hereof, which are inconsistent with this Memorandum Circular are hereby repealed or modified accordingly.

 The accreditation issued pursuant to Memorandum Circular, dated April 1, 2014, re Guidelines in the Conduct of MARSEC Training Courses shall remain in full force and effect only up to its validity period.

E. Separability. If any provision or section of these rules is declared null and void by competent authority, the remaining provision(s) shall not be affected and shall remain in full force and effect.

F. Effectivity. This circular shall take effect after fifteen (15) days of complete publication in the Official Gazette or newspaper of general circulation. A copy of this circular shall be deposited with the University of the Philippines Law Center in compliance with the 1987 Revised Administrative Code.

VIII. ANNEXES

A. Definition (see italicized words/phrases)

B. Requirements for Accreditation

1. Documentation

2. Qualifications and Criteria

3. Program of Instruction caITAC

4. Mandatory Maritime Security Courses

(SGD.) ATTY. MIGUEL FF. ORAAOfficer-in-Charge

ANNEX A

DEFINITIONS

Accreditation — a systematic process of officially approving/recognizing a maritime training center, school or institution to offer and conduct maritime security training courses, based on OTS prescribed standards.

Accreditation Board — the final evaluation panel which shall assess the recommendation of TSATMS, based on the submission of the applicant training institution/center/school. The Chairman of the Accreditation Board is the Administrator, OTS or his duly designated representative; and the members are the Assistant Administrators of the following Services: Transport Security Oversight & Compliance Service (TSOCS), Transport Security Policy & Program Service (TSPPS) and Transport Security Accreditation & Training Management Service (TSATMS). The Accreditation and Certification Division of TSATMS acts as the Secretariat.

Certificate of Accreditation — a written affirmation by OTS, that the training institution/center/school complies with the OTS-prescribed standards and is officially recognized, approved and endorsed to offer and conduct maritime security-related training course(s)

Curriculum — set of courses constituting specialization in maritime security.

Evaluation — a process of appraising the eligibility of the applicant maritime security training center, school or institution for the issuance of an accreditation certificate to offer and conduct maritime security training courses, based on OTS prescribed standards.

Inspection — an official visit to the applicant maritime security training institution/center/school to examine carefully the veracity of the submitted documents/information and training materials (module, handouts, etc.)

Instructor's Guide (lesson plan) — an outline or working plan which sets out the content (title, subject, topic) and objectives of a single unit of instruction; reference/subject material; introduction; teaching strategy; teaching aids; summary; tests; review and preview; lesson assignments, if any; and schedules.

Maritime Security Training Institution/Center/School (MARSEC ICS) — a place, establishment, or organization where instructions are given or learning process, theoretical or practical, is offered or conducted.

Maritime Security Instructor — a person issued a Statement of Competence by OTS to teach maritime security training course(s). TAIaHE

Module — an instructive unit which covers a single subject under the maritime security training course.

OTS Training Package — the standard learning materials for maritime security training courses consisting of Program of Instruction (POI), lesson plan or Instructor's Guide (IG), and handouts.

Port Facility — a location, as determined by the Contracting Government or by the Designated Authority, where the ship/port interface takes place. This includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate.

Port Facility Security Officer — means the person designated as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officers and company security officers.

Port Facility Security Plan — means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship's stores within the port facility from the risks of a security incident.

Program of Instruction — a standardized syllabus prescribing the minimum curricular contents of a specific maritime security training course.

Report(s) — an account or statement of training center organization, accredited maritime security training courses, list of training facilities and equipment, and list of teaching aids/materials/references.

Survey — a formal visit to the applicant MARSEC training institution/center/school to conduct ocular inspection of the premises, facilities and equipment.

System Testing — an evaluation and monitoring process, through written or oral examination, reports or other reasonable means, to test the efficacy of MARSEC training courses/curriculum; and ensure that its quality are in accordance with the prescribed national standards by OTS.

Training Assessor/Evaluator — a TSATMS personnel responsible to assess and evaluate the training(s) conducted by the accredited MARSEC institution/center/school.

Training Center Organization — the minimum personnel complement of a maritime security training center, school or institution composed of the Training Director, Training Officer, Training Instructors and Training Staff.

Training Equipment — set of tools, articles, apparatus or implements used by the maritime security training institution/center/school in support of the POI for better understanding thereof.

Training Facilities — consist of the classroom, faculty room, library, administrative office, and other installations within the premises of the training institution/center/school.

ANNEX B

DOCUMENTATION

The applicant training institution/center/school shall support its application with the following: ICHDca

1. SEC registration and Articles of Incorporation and By-laws

2. Profile of the training ICS, to include the following information: name of maritime security training center, school or institution and profile, including mission, goals, organizational structure;

3. list of personnel, and sketch of training center location as well as proof of building ownership or memorandum of agreement/lease contract for at least five (5) years;

4. legally organized or with license to operate, in compliance with applicable national laws and regulations;

5. list of OTS-certified maritime security instructors and training personnel with proof of qualifications;

6. list of training facilities and equipment;

7. list of maritime security books and other maritime security reference materials; and teaching aids, references;

8. Fire safety certificate.

TABLE OF QUALIFICATIONS AND/OR CRITERIA AND OTHER REQUIREMENTS TO BE ELIGIBLE FOR ACCREDITATION

A. Training Organization

The training ICS shall be composed of the following personnel with the corresponding qualifications:

 

POSITION/TITLE	EDUCATION	EXPERIENCE
Training Director	With postgraduate degree	2 years in the maritime field
Training Officer	With baccalaureate degree
Training Instructor	Certified by OTS
Training Staff	At least 72 units in college	With MARSEC Awareness Training

B. Training Facilities and Equipment

1. Physical Environment. There must be:

a. Classroom area: at least seven (7) meters wide and nine (9) meters long to accommodate at least 30 trainees

b. Faculty room with sufficient space to accommodate the number of instructors

c. Library furnished with relevant/updated reference materials

d. Administrative office

e. Audio-Visual Equipment cDHAES

f. Other training tools necessary to achieve specific objectives of the MARSEC training course

C. Program of Instruction (POI)/Training Materials/Curriculum

POI shall include the following, which must be in conformance with standard materials and references prescribed by OTS:

1. Course title, description and duration

2. Reference material

3. Target participants and prerequisites

4. Course objective(s)

5. Outline of modules/topics

6. Teaching Methodology, aids and schedule

7. Lesson plans/Instructor's Guide

8. Sample test papers and handouts or training notes, including, but not limited to, diagrams, pictures, and briefs as part of training/teaching aids

D. Mandatory MARSEC Courses

1. Port Facility Security Officer (PFSO) Course

2. Security Awareness Training for Port Facility Personnel with Designated Security Duties

3. Security Awareness Training for Port Facility Personnel without Designated Security Duties

4. Company Security Officer (CSO) Course

5. MARSEC Auditors Course

6. Maritime Instructors Course

7. Port Security Drills and Exercises Course

8. Basic Screener Course

9. Screener Refresher Training

10. Basic X-ray Operation Course

11. X-ray Refresher Course