Guidelines in the Application of the Grandfathering or Interim Certification of Experienced Aviation Security Staff

June 10, 2016

DOTC MEMORANDUM CIRCULAR NO. 002-16

 

Pursuant to Executive Order No. 277 (Jan 2004) as amended by E.O. No. 311 dated 26 April 2004; The National Civil Aviation Security Program (NCASP); OTS Transport Security Regulation No. 001-2006 dated October 23, 2006; OTS Transport Security Regulation No. 010-2007 dated July 01, 2007; and the National Civil Aviation Security Training Program (NCASTP) in compliance with the ICAO standard set forth on Chapter 3, paragraphs 3.1.7; 3.4.2; 3.4.3; of Annex 17 — Safeguarding International Civil Aviation against Unlawful Interference, requiring each Contracting State to ensure the development and implementation of an instructor certification system; that the persons implementing security controls possess all competencies required to perform their duties; and that the persons carrying out screening operations are certified according to the requirements of the NCASP, the OTS adopts the following guidelines governing the application of the grandfathering clause for the interim certification of experienced aviation security screeners, supervisors, national inspectors/auditors, instructors and managers.

I. Rationale

To ensure that experienced security screeners, supervisors, national inspectors/auditors, instructors and managers involved in aviation security responsibilities possess all competencies, and are certified according to the requirements of the NCASP.

II. Scope

This Memorandum Circular (MC) applies to experienced aviation security staff particularly: (a) personnel assigned in the screening and searching of persons, goods, vehicles, cabin/hold baggage and cargo; (b) persons in charge of the supervision and oversight of staff at screening checkpoints; (c) individuals tasked in the implementation of the national quality control program; (d) instructors involved in the conduct of civil aviation security training; and (e) managers responsible for implementing security measures relating to aircraft or airport operations.

III. Definitions

Aviation security instructor — a person responsible for conducting civil aviation security training;

Aviation security manager — a person responsible for implementing security measures relating to aircraft or airport operations;

Aviation security screener — a person responsible for screening and searching of persons, goods and vehicles; cabin baggage screening; hold baggage screening; and cargo and mail screening, including OTS Security Screening Officers (SSOs), private/government-hired/contracted security guards and non-security guards;

Aviation security supervisor — a person responsible or assigned to oversee any type of screening process of security staff charged in the screening and searching of persons, goods and vehicles; cabin baggage screening; hold baggage screening; and cargo and mail screening, including but not limited to OTS security screening supervisor, private/government security guard supervisor and non-security guard supervisor;

Background check — a process of looking up a person's history, including but not limited to his criminal, commercial or financial records, as part of the assessment of an individual's suitability to implement security control and/or capability for unescorted access to a security restricted area;

Certification — a formal evaluation and confirmation by the OTS of a person's competency to perform assigned functions to an acceptable level, as defined by the OTS;

Certification Jury (CJ) — the panel to conduct oral examination (interview) of the applicants, composed of the Administrator, OTS or his duly appointed representative as Chairman; officers/personnel of the Transport Security Oversight & Compliance Service (TSOCS), Transport Security Risk Management Service (TSRMS), Transport Security Accreditation & Training Management Service (TSATMS), and Transport Security Policy & Program Service (TSPPS) as members;

Experienced aviation security instructor — a person who applies for grandfathering or interim certification, possessing the required competency, experience in teaching civil aviation security course(s), and other qualifications for aviation security instructor;

Experienced aviation security manager — a person who applies for grandfathering or interim certification, possessing the required competency, satisfactory performance in implementing security measures relating to aircraft or airport operations for twelve (12) months, at the minimum, and other qualifications for aviation security manager;

Experienced aviation security screener — a person who applies for grandfathering or interim certification, possessing the required competency, satisfactory performance rating for twelve (12) months, at the minimum, and other qualifications for security screener;

Experienced aviation security supervisor — a person who applies for grandfathering or interim certification, possessing the required competency, very satisfactory performance rating for twelve (12) months at the minimum, and other qualifications for aviation security supervisor;

Experienced national auditor — a person who applies for grandfathering or interim certification, possessing the required competency, very satisfactory performance rating as a designated/assigned Team Leader of national inspectors for at least two (2) consecutive years, and other qualifications for national auditor;

Experienced national inspector — a person who applies for interim certification, possessing the required competency, very satisfactory performance rating for twelve (12) months at the minimum, and other qualifications for national inspector;

Grandfathering — a process of certification whereby some requirements are waived in case of experienced aviation security staff, such as screeners, supervisors, national inspectors/auditors, instructors and managers;

Interim Certification — a certification granted to experienced aviation security staff such as, Aviation Security (AVSEC) Screener and AVSEC Supervisors (whether OTS, private/government security guards and non-security guards), National Inspectors/auditors, instructors and security managers, possessing the competency and qualifications as defined by the OTS, which shall be valid for one (1) year;

National auditor — OTS duly certified national inspector who have exhibited very satisfactory performance as designated/assigned Team Leaders of certified national inspectors for at least two (2) consecutive years, and have successfully passed the oral examination for national auditors conducted by the Certification Jury;

National inspector — a person responsible to perform quality control functions, such as security audits, test, survey and inspections, for the security of transportation system;

Oral examination — an evaluation process done through an interview by Certification Jury, which tests the communication skills and validates the competency of an applicant;

Practical examination — an evaluation process wherein done through actual demonstration by an application of his/her skills and knowledge in the assigned security functions;

Security — the state of safeguarding civil aviation against acts of unlawful interference, achieved by a combination of measures and human and material resources;

Security staff — a person responsible for the security measures on access control; surveillance and patrolling; aircraft security; in-flight security; screening of passengers and cabin baggage; screening of hold baggage, cargo and mail; screening of vehicles; procedures for catering and aircraft operator and airport supplies; conducting aviation security training; conducting quality control measures; and aviation security management.

IV. Policies

A. Each Contracting State shall ensure that the persons implementing security controls possess all competencies required to perform their duties and are appropriately trained according to the requirements of the NCASP and that appropriate records are maintained up to date. Relevant standards of performance shall be established and initial and periodic assessments shall be introduced to maintain those standards;

B. From 1 July 2013, each Contracting State shall ensure the development and implementation of training programs and an instructor certification system in accordance with the NCASP;

C. Each Contracting State shall ensure that the persons carrying out screening operations are certified according to the requirements of the NCASP to ensure that performance standards are consistently and reliably achieved.

V. Responsibilities

A. OTS

1. Establishes the certification requirements for aviation security screeners, supervisors, national inspectors/auditors, instructors and managers involved in aviation security responsibilities, whether employment is permanent or temporary;

2. Guarantees and endorses OTS personnel who have fully complied with the requirements to the application of the grandfathering or interim certification of experienced aviation security staff;

3. Conducts the certification process and issues the certificate containing a statement of competence as security staff;

4. Administers the final written and practical examinations of the candidates as aviation security screeners and supervisors; as well as the final written, practical and/or oral examinations for OTS national airport/aircraft internal quality inspectors, instructors and managers;

5. Develops, coordinates, facilitates and oversees aviation security trainings; and

6. Certifies aviation security staff.

B. Airport Operators, Aircraft Operators and Other Entities

1. Ensure that their aviation security screeners, supervisors, airport and airline internal quality inspectors, instructors and managers possess the competency to perform the assigned functions, according to the requirements of the NCASP; and are certified;

2. Guarantee and endorse their personnel who have fully complied with the requirements to the application of the grandfathering or interim certification of experienced aviation security staff; and

3. Ensure that their security guards who are performing access control and screening functions have fully complied with the licensure requirements from the Supervisory Office for Security and Investigation Agency (SOSIA).

VI. Guidelines

A. Qualifications of Experienced Aviation Security Staff

1. Aviation Security (AVSEC) Screening Officers (OTS SSO, Private and Government Security Guards and Non-Security Guards)

a) The AVSEC screening officer applying for grandfathering or interim certification must possess the required competency and integrity to carry out the assigned functions, according to the requirements of NCASTP;

b) The AVSEC screening officer must demonstrate and/or have:

i. at least 2nd year college or with a minimum of 72 academic units in college;

ii. completed the following respective course:

(1) Basic AVSEC Screener Course — for personnel assigned in the screening of person, baggage or cargo;

(2) Basic Aviation Security Course such as Basic AVSEC Course — for personnel assigned in the screening of vehicles and person or charged with the access control of persons and vehicles; and/or

(3) Basic X-ray Operation Course — for personnel assigned in the screening of cargo and mail;

iii. a minimum of six (6) months experience in aviation security or relevant field;

iv. very satisfactory performance rating for at least twelve (12) months;

v. unimpaired vision and hearing ability;

vi. color perception suitable for operating color X-ray equipment and checking color-coded passes;

vii. good oral and written communication skills, unaffected by speech impediments;

viii. good interpersonal skills to enable them to maintain adequate customer service while ensuring that security functions are effectively performed;

ix. a healthy lifestyle without dependence on alcohol or illegal substances;

x. reasonable physical strength and ability as able to repeatedly lift and carry baggage or bend, reach, stoop, squat and stand for prolonged periods;

xi. excellent physical and mental condition to be able to perform their duties to an adequate standard, as attested by a Department of Health — accredited medical unit; and

xii. satisfactory outcome of background-check (with National Agency Clearance such as NBI, RTC, Police and Barangay clearance; the SOSIA license for security guards only).

2. Aviation Security (AVSEC) Screening Supervisors (OTS SSO, Private and Government Security Guards and Non-Security Guards or OTS Screening Supervisors); AVSEC national auditor/inspector; AVSEC instructor

3. The minimum requirements of these candidates for interim certification include:

a. completion of tertiary education;

b. minimum two (2) years verifiable experience in civil aviation; except in the case of AVSEC instructor which requires only a minimum of one (1) year verifiable experience in civil aviation;

c. working knowledge of air transport operations, including practices and procedures, for the implementation AVSEC measures;

d. with very satisfactory performance rating in his current position/designation for twelve (12) months, at the minimum;

e. completion of the basic aviation security training and refresher courses;

f. knowledge of the international regulations contained in ICAO Annex 17, and of the NCASP and its regulations;

g. adequate physical attributes particularly vision and hearing ability;

h. adequate communication skills (oral and written);

i. interpersonal traits such as integrity, good diplomacy, discretion and flexibility; and

j. satisfactory outcome of background-check (with National Agency Clearance such as NBI, RTC, Police and Barangay clearance)

4. Additional qualifications

a. For AVSEC instructor only — completion of pertinent aviation security training course as the course subject for certification, or equivalent of minimum one (1) year teaching experience, preferably in the field of civil aviation security training, supported by relevant documents

b. For AVSEC Manager only —

i. with very satisfactory performance in implementing security measures relating to aircraft or airport operations for at least twelve (12) months;

ii. experience in other security-related fields such as law enforcement or the military;

iii. knowledge in the following subject areas:

(1) security systems and access control;

(2) ground and in-flight security;

(3) restricted and prohibited articles; and

(4) overview on terrorism.

B. Application for Interim Certification

The following applicants for grandfathering or interim certification shall be accordingly endorsed, through letter, by the Director/Chief of Office/Airport, Airline and Cargo Operator, as the case may be, who shall guarantee the applicant's competency and qualifications as provided under VI-A above:

1. OTS Aviation Security (AVSEC) Screening Officer — to be endorsed, as complying with VI-A.1, by Director/Chief of Office/Service

2. Private/Government Security Guards Performing AVSEC Screening — to be endorsed, as complying with VI-A.1, by airport, airline and cargo facility operator/manager who shall also submit the authenticated copy of security license issued by SOSIA, aside from the certificate of trainings and performance ratings

3. Non-Security Guards and Non-OTS Personnel Performing AVSEC Screening — to be endorsed/certified, as complying with VI-A.1, by airport, airline and cargo facility operator/manager

4. AVSEC OTS Screening Supervisor — to be endorsed, as complying with VI-A.2, by respective Chief of Office

5. OTS AVSEC National Inspector/Auditor — to be endorsed, as complying with VI-A.3 and 4, by respective Director/Chief of Office/Service

6. AVSEC Instructor — to be endorsed, as complying with VI-A.5, by respective Director/Chief of Service or Office/Head of School

7. AVSEC Manager — to be endorsed/certified, as complying with VI-A.6, by the airport/airline and cargo facility operator

C. Certification Process for Experienced Aviation Security Staff

1. The process for interim certification of an experienced aviation security screener requires the applicant to pass the practical examination in order to be granted a certificate containing a statement of competence as an aviation security screener.

a. The practical examination, with a minimum passing mark of eighty percent (80%) shall test the following competencies:

i. ability to operate screening equipment and understanding of related safety issues;

ii. knowledge of the features of X-ray systems in operation;

iii. screening and manual search of persons and baggage, and the ability to use correct procedures; and

iv. knowledge of the rules of conduct in dealing with passengers and critical situations.

b. Upon failure from any or all part of the practical examination, the applicant is allowed to retake twice (2x) for the specific failed examination, within one (1) month from the date of examination.

c. The interim certification as an aviation security screener is only valid for one (1) year, renewable annually, subject to the re-certification procedure.

2. Experienced aviation security supervisor applying for interim certification shall be required to take practical examination. The minimum passing grade shall be eighty percent (80%) to be considered competent to carry out supervisory duties.

a. The practice examination shall test the following competencies:

i. supervising implementation of relevant aspects of airport security programs;

ii. monitoring inspection, screening, searching of passengers and baggage in accordance with prescribed standards;

iii. organizing initial response action(s) in security emergencies;

iv. applying principles and practices of leadership, motivation and communication skills;

v. monitoring implementation of standard operating procedures;

vi. allocating and assigning security personnel duties;

vii. assessing security personnel job performance and supervising on-the-job training;

viii. ensuring preparation, recording and submission of incident reports; and

ix. developing and maintaining liaison with other airports and outside organization and agencies.

b. Upon failure from any or all part of the practical examination, the applicant is allowed to retake twice (2x) for the specific failed examination, within one (1) month from the date of examination.

c. The interim certification as an aviation security supervisor is only valid for one (1) year, and renewable annually, subject to the re-certification procedures.

3. Experienced national inspector applying for interim certification must pass the oral examination. The minimum passing grade shall be eighty-five percent (85%) to be considered competent to carry out quality control responsibilities.

a. The oral examination covers the conduct of a meeting or interview demonstrated before the Certification Jury, composed of the following: Chairman-Administrator, OTS or his duly appointed representative; Members-officers/personnel of the Transport Security Oversight & Compliance Service (TSOCS), Transport Security Risk Management Service (TSRMS), Transport Security Accreditation & Training Management Service (TSATMS), and Transport Security Policy & Program Service (TSPPS). HESIcT

b. Upon failure from oral examination, the applicant is allowed to retake twice (2x), within one (1) month from the date of examination.

c. The interim certification as a national inspector is valid for one (1) year, and renewable, subject to the re-certification procedures.

4. Experienced Team Leader(s) of national inspectors applying for interim certification shall be required to take the oral examination, with a minimum passing grade of eighty-five percent (85%) to be considered competent to carry out quality control measures.

a. The oral examination covers the conduct of a meeting or interview demonstrated before the Certification Jury, composed of the following: Chairman-Administrator, OTS or his duly appointed representative; Members-officers/personnel of the TSOCS, TSRMS, TSATMS, and TSPPS;

b. Upon failure from oral examination, the applicant is allowed to retake twice (2x), within one (1) month from the date of examination;

c. The interim certification as a national auditor is valid for one (1) year, and must be renewed, subject to the re-certification procedures.

5. Experienced aviation security instructor applying for interim certification for a specific aviation security training course shall be initially assessed by the TSATMS to determine the applicant's eligibility, and to submit its recommendations to the Certification Jury for final evaluation.

a. Applicant for interim certification must submit a copy of his/her credentials, relevant documents on aviation security course(s) attended, documents on courses conducted, and other documents on civil aviation course being applied for certification. An applicant may be asked by the Certification Jury to deliver a teaching demonstration on a specific training module.

b. The composition of Certification Jury is as stated in C (3) (a) above. AcICHD

c. The evaluation criteria focus on the following:

i. Technical expertise 50%. It deals with the applicant's mastery of knowledge of international and national civil aviation conventions, rules and regulations; aviation course applied for certification; and current developments in aviation security.

ii. Professional service (30%). This relates to the applicant's significant work involvement in the aviation sector; recognized competence and expertise in teaching aviation security and other related courses; and substantial services in international and national organizations as aviation security expert or consultant.

iii. Communication attributes (20%). The focus is on the applicant's competence in sharing and transmitting aviation security information to adult learners; including proficiency in expressing ideas articulately, and audibly; handling of lectures and leading discussions; responding intelligently, professionally and in a timely manner; and making non-verbal communications.

d. An applicant must get a minimum grade of eighty-five percent (85%) from the panel interview to be issued an interim certification for aviation security training course.

e. Upon failure from the panel interview, the applicant is allowed to retake twice (2x), within one (1) month from the date of examination.

f. The Certification Jury decides the issuance of an interim instructor's certification as AVSEC instructor, which shall be valid for one (1) year, renewable subject to the re-certification requirements.

6. Experienced aviation security manager applying for interim certification shall be required to take the oral examination to be conducted by the Certification Jury, which composition is as stated in C (3) (a) above. caITAC

a. The oral examination shall focus on the applicant's knowledge and understanding of aviation security, international and national regulations, and the national programs.

b. An applicant must get a minimum grade of (85%) from oral examination to be considered competent to carry out security measures relating to aircraft or airport operations.

c. Upon failure from oral examination, the applicant is allowed to retake twice (2x), within one (1) month from the date of examination.

d. The interim certification as an aviation security manager is valid for one (1) year, renewable subject to the re-certification procedures.

D. Re-Certification of Aviation Security Staff

1. The re-certification of aviation security staff ensures that the certification holder keeps up with the requirements and performance standards. To be re-certified, a security staff must first undergo full or specially designed refresher training.

2. The re-certification of aviation security staff shall be conducted in accordance with the procedures specified in the NCASTP.

E. Applicability of Grandfathering

The grandfathering applies for a two-year period, effective 16 June 2016 up to 16 Jun 2018 to provide ample time to the industry and concerned personnel to comply with the mandatory requirements of the NCASTP.

F. Cancellation/Revocation of Certification

Certification issued to an aviation security screener, supervisor, national inspector/auditor, instructor or manager shall be cancelled or revoked if the holder is physically and mentally unfit; had exhibited blatant negligence of duties or serious misconduct; and/or is found guilty of an administrative, civil, or criminal offense; or resigned or separated from service.

VII. Miscellaneous Provisions

A. Construction. The provisions herein shall be liberally construed in order to promote its civil aviation security objectives.

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

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 thereof, which are inconsistent with this Memorandum Circular are hereby repealed or modified accordingly.

E. Separability. If any provision or section of this circular is declared null and void by competent authority, the remaining provisions shall not be affected and shall remain in full force and effect.

F. Effectivity. This memorandum circular shall take effect immediately upon approval. A copy of this Circular shall be deposited with the University of the Philippines Law Center in compliance with the Revised Administrative Code.

(SGD.) ATTY. MIGUEL FF. ORAAOfficer in ChargeOffice of the Administrator