Implementing Guidelines, Rules and Regulations (IGRR) of Executive Order No. 57 (Establishing a National Coast Watch System) ( IRR of EO 57 s. 2011 )
November 12, 2014
November 12, 2014
IMPLEMENTING GUIDELINES, RULES AND REGULATIONS FOR EXECUTIVE ORDER NO. 57
(Establishing a National Coast Watch System, Providing for its Structure and Defining the Roles, Responsibilities of Member Agencies in Providing Coordinated Inter-Agency Maritime Security Operations and for Other Purposes — Series 2011)
CHAPTER 1
General Provisions
SECTION 1. Title. — These rules shall be known and cited as the Implementing Guidelines, Rules and Regulations (IGRR) of Executive Order No. 57 (Establishing a National Coast Watch System).
SECTION 2. Purpose. — These Rules are hereby promulgated pursuant to Section 3 of EO 57 in order to prescribed the procedures and guidelines for its implementation, to facilitate compliance therewith, and to achieve the objectives thereof.
SECTION 3. Interpretation Clause. — These Rules shall be liberally construed to promote the role of the National Coast Watch System (NCWS) as the central inter-agency mechanism for a coordinated and coherent approach on national maritime issues and maritime security operations towards enhancement of the governance of the country's maritime domain.
SECTION 4. Declaration of Policy. — In the implementation of EO 57, the following national policy shall be adopted:
A. It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry. The Philippines being an archipelagic and maritime nation needs to exercise its sovereignty and or sovereign rights, as well as fulfil its corresponding obligations over each and every part of its maritime jurisdiction. Its security and prosperity is dependent upon its ability to safely and securely use the waters in and around the archipelago.
B. Maritime security is a key component of the national security and one of the Government of the Philippines' national security objectives is "to enable the Philippines to exercise full sovereignty over its territory and to provide protection to its maritime interests".
C. The mandate that governs the maritime security is shared among various governmental agencies and best achieved by harmonizing public and private maritime security efforts in a national scale to address all threats in the maritime environment. The NCWS shall harmonize efforts leading to a collaborative arrangement for the Philippine maritime domain that will align all national government maritime security programs and initiatives in a comprehensive and cohesive national effort that will involve a host of concerned governmental agencies from national, regional and local levels; the private sector entities, and the entire Filipino nation in general. cHDAIS
SECTION 5. Guiding Principles for Implementation. — These Rules declare the following as guiding principles:
A. The National Coast Watch Council shall be responsible both in the policy review and formulation relative to maritime domain management, governance and security, as well as ensuring the implementation and compliance with national marine policies, plans and programs.
B. The Philippine response to threats to maritime security must involve a "whole of nation" approach and must cover the spectrum from diplomacy, to law enforcement, and to defense and military actions.
C. The NCWS strategies, plans and programs must address different aspects in the full spectrum of maritime security such that they are mutually linked and reinforcing, and would represent a comprehensive national effort to enhance the security of the country. All strategies, plans and programs must not be contrary to nor alter existing constitutional and statutory authorities and responsibilities of the government department and agency heads to carry out respective missions and functions as well as to provide and receive information.
D. The NCWS must ensure that maritime stakeholders at all levels of government and at all sectors of society will understand what they can do to help, how they can collaborate to do it, and pursue the protection of collective national maritime interest.
E. Unity of Effort. NCWS to be effective requires coordinated effort within and among the different stakeholders, including public and private sector organizations, and international partners. Unity of effort is required across all the spectrum of NCWS concerns, from ensuring information sharing and maritime domain awareness, to informed and shared planning and decision making, and finally to coordinated and collaborative responses and initiatives.
SECTION 6. Non-Diminution of Mandates. — Nothing in this IGRR shall diminish the mandates, functions and responsibilities of the member, support, and other concerned agencies. Within the NCWS framework, member, support, and other concerned agencies shall discharge their specific mandates through or in conjunction with the policy of the Council and the action of the National Coast Watch Center.
SECTION 7. Definition of Terms. — For purposes of these Rules, the terms shall be defined as follows:
A. Maritime Law — or Admiralty Law refers to the body of private international law that exclusively governs activities at sea and in navigable waters.
B. Oceans Law — or Law of the Sea refers to a body of public international law that concerns the principles and laws by which States interact regarding maritime affairs.
C. Maritime Security — refers to a state wherein the country's marine assets, maritime practices, territorial integrity, and coastal peace and order are protected, conserved, and enhanced. The concept of maritime security is all encompassing to include military, economic, environmental, and political concerns.
D. Maritime Domain — pertains to all areas and things of, on, under, relating to, adjacent to, or bordering on an ocean, sea, or other bodies of water, including all maritime related activities, infrastructure, people, cargo and vessels and other conveyances. For the Philippines, maritime domain includes the maritime zones such as internal waters, archipelagic waters, territorial sea, Exclusive Economic Zone (EZZ) and continental shelves.
E. Maritime Domain Awareness — is the effective understanding of anything associated with the maritime domain that could impact the sovereignty and sovereign rights, security, safety, economy, or environment of the country.
F. National Maritime Community of Interest (NMCOI) — includes, among other interests, the national and local departments and agencies with responsibilities in the maritime domain. Because certain risks and interests are common to government, business, and citizen alike, community membership also includes public, private and commercial stakeholders, as well as foreign governments and international stakeholders.
G. National Coast Watch System — is the overall management system for all maritime and ocean concerns from the policy development activities of the Council and implementation at the operational and tactical levels by the Center.
H. Maritime Intelligence (MI) — is the product of existing as well as changing intelligence capabilities, policies and operational relationships used to integrate all available data, information and intelligence in order to identify, locate, and track potential threats to maritime interests. It provides accurate, relevant and collaborated maritime threat information to operational and law enforcement entities, supporting a variety of tactical, operational, and strategic requirements. ISHCcT
I. Maritime Situational Awareness (MSA) — is the comprehensive fusion of data from every agency to improve knowledge of the maritime domain. MSA results from persistent monitoring of maritime activities in such a way that trends can be identified and anomalies detected. It is a layered picture of the current state and trends that includes information pertaining to MDA pillars (vessels, cargo, people, infrastructure, maritime traffic and islands) and related economic and environmental issues.
CHAPTER 2
The National Coast Watch Council
SECTION 1. National Coast Watch Council. — The National Coast Watch Council, hereinafter referred to as the "Council", is the central inter-agency body which shall provide strategic direction and formulate and promulgate policy guidelines for the NCWS.
SECTION 2. Functions. — The Council shall have the following functions:
A. Policy Direction and Coordination
1. Provide strategic direction and policy guidelines for NCWS maritime domain awareness and maritime security operations, as well as multinational and cross-border cooperation on maritime security;
2. Recommend to the President policies and procedures in managing and securing the country's maritime domain, as well as the issuance of administrative rules and regulations to enhance maritime domain awareness and maritime security operations in the Philippines;
3. Harmonize and coordinate the roles and relationships of different government agencies, pursuant to their mandates, relative to the policy direction of maritime security and governance framework as may be determined by the Council;
4. Exercise overall jurisdiction and direction over policy-formulation, implementation and coordination with other government agencies, experts and organizations, both foreign and local, on all maritime issues affecting the country;
5. Provide the President and national security leaders recommendations to update strategic-level guidance, policies and standards to promote information and intelligence sharing across a wide range of domestic and international maritime stakeholders;
6. Provide the policy framework for inter-agency data management and archiving to support fusion of information and intelligence data on maritime and ocean concerns;
7. To formulate and recommend a national maritime policy to the President;
8. To coordinate the implementation of such policy and periodically evaluate and refine it as necessary;
9. To identify and develop policy options in implementing international agreements on the oceans, as well as non-binding instruments, to which the Philippines is a party or signatory;
10. To recommend policies, programs, and special projects necessary to advance the national interest and fulfil international commitments relative to the sustainable use of ocean resources and marine environmental protection;
11. To formulate programs, coordinate and/or undertake activities to promote the archipelagic consciousness in the country especially among the coastal communities;
B. Review and Oversight
1. Harmonize capability plans and fund requirements in relation to maritime domain awareness, maritime zones management and maritime threat response operations;
2. Provide the oversight functions for all undertaking related to maritime domain awareness and maritime security, and issue clear intelligence and information sharing policies, protocols, and standards to allow individual agencies and partners to collaborate fully and broadly share information;
3. Establish processes and protocols for integrating capability across organizations including trainings, exercises, and experiments, and provide a venue for the resolution of cross-jurisdictional issues, including intelligence, information sharing and operational disputes;
4. To formulate and recommend programs, and special projects to enhance the integrated and coordinated management of the maritime and oceans interests of the Philippines, particularly in:
i. Ensuring the safety and security of lives and property at sea, promoting good order at sea, and the development of national capabilities to protect its marine resources; CAacTH
ii. The protection, conservation, and preservation of the marine environment and ocean resources through the proper management of human activities within its maritime jurisdiction;
iii. The development and promotion of Philippine interests in shipping, seafaring, fishing, extraction of mineral and energy resources, and other ocean-based industries.
C. Administration and Reporting
1. Conduct periodic review of maritime domain awareness and maritime security operations and render periodic reports to the President and the National Security Council (NSC);
2. Convene or dissolve, as the need arises, inter-agency committees and/or working groups to assist the Council in the performance of its functions;
3. Enlist and/or require the support and/or assistance of any department, bureau or agency of the government in the pursuit of its mandates and functions as it relates to maritime domain awareness and maritime security operations;
4. Promulgate rules and regulations as may be necessary for the Council to perform its mandate under this IGRR; and
5. Perform such other functions as may be deemed necessary by the Chairperson for the effective discharge of its mandate or as may be directed by the President.
SECTION 3. Organization of the Council. —
A. The Executive Secretary shall serve as the Chairperson of the Council.
B. The following heads of government agencies shall be the regular members of the Council:
1. Secretary of Agriculture
2. Secretary of Energy
3. Secretary of Environment and Natural Resources
4. Secretary of Finance
5. Secretary of Foreign Affairs
6. Secretary of Interior and Local Government
7. Secretary of Justice
8. Secretary of National Defense
9. Secretary of Transportation and Communications
C. The National Security Adviser may be invited by the Council to attend its meetings and/or requested to provide technical support as the need arises.
D. A regular member of the Council may, in his absence, appoint a permanent representative with the rank of Undersecretary to participate in his behalf.
E. The Council may constitute itself into such permanent or ad-hoc sub-committees as may be necessary to respond to special and specific issues or problems, and to this end, formulate such rules of procedures and/or Terms of References to govern the activities of such permanent or ad-hoc sub-committees.
F. There is hereby created an Executive Committee, hereafter referred to as the EXECOM, consisting of permanent representatives of each of the members of the Council with the rank of Assistant Secretary as regular members and such other officials of the support and concerned agencies:
1. Functions of the EXECOM. The EXECOM shall have the following functions:
i. To oversee the implementation of the decisions and policies set by the Council;
ii. To formulate, deliberate, and recommend decisions, policies, projects and programs with respect to the maritime and ocean affairs of the country, for consideration of the Council.
iii. To coordinate the activities of all concerned agencies in the implementation of international agreements on the maritime and ocean affairs, as well as non-binding instruments, to which the Philippines is a party or signatory; and
iv. Formulate and recommend positions and strategies for maritime boundary delimitation, as well as maritime disputes management, and other international maritime and ocean agreements.
SECTION 4. Meetings of the Council. —
A. Frequency of Meetings.
1. The Council shall meet at least twice a year, or as necessary to discharge its functions and responsibilities. IAETDc
2. The EXECOM shall meet at least once a month, or as necessary to discharge its functions and responsibilities.
3. Any permanent or ad-hoc sub-committees shall meet in accordance with the Council-approved Terms of Reference or as frequently as necessary to expeditiously discharge its tasks.
B. Quorum. The presence of simple majority of all the members of the Council or their duly authorized representatives shall constitute a quorum, which shall be necessary for the transaction of any business. The same procedure for determining quorum applies to the EXECOM, permanent and ad-hoc subcommittees.
C. Presiding Officer at Meetings
1. The Chairperson shall preside over the regular and special meetings of the Council.
2. The Executive Director of the Secretariat of the Council shall preside over the meetings of the EXECOM.
SECTION 5. Decision-Making by the Council. —
A. Consensus-Based Decision Making. The Council, EXECOM, and permanent and/or ad-hoc sub-committee shall adopt a consensus-based decision making process. Consensus is understood as agreement by a majority of the members of the Council without objection from any of the other members. The Council, EXECOM, and permanent and/or ad-hoc sub-committee is expected to address any and all issues raised against a proposal through consultations.
B. Decisions during Meetings. The affirmative support of a simple majority of the members present in a quorum shall be adequate for the approval of any resolution, decision or order, except when the Council shall otherwise agree that a greater vote is required. Provided, that no objection has been raised any other member of the Council.
C. Council Resolutions. The Council shall formulate and promulgate resolutions on policies, rules and regulations to enhance the governance of Philippine maritime and ocean interests.
SECTION 6. Reports. —
A. The Council shall render periodic reports or other reports as necessary to the President and to the National Security Council relative to maritime security situation.
B. The Presiding Officer of the EXECOM shall render report on its activities and recommendations during the regular Council meeting.
C. The Presiding Officer of the EXECOM shall render a report to the members of the Council the results of its regular and other meetings.
D. The permanent and/or ad-hoc sub-committees shall render periodic reports to the Council, through the Council Secretariat.
SECTION 7. Relationships with Other Agencies and Inter-Agency Bodies. —
A. As prescribed under Section 3 (a) of Executive Order 82 s. 2012 (Establishing the National and Local Crisis Management Organizations), the Chairperson shall assume the role of lead Crisis Manager or Cabinet-Officer Primarily Responsible of the National Crisis Management Committee for human induced maritime crisis or disasters. In the fulfillment of such mandate, the Chairperson shall immediately convene the Council to address the situation.
B. In cases of crisis from natural calamities and disasters at sea, the Council shall provide support to the National Disaster Risk Reduction and Management Council (NDRRMC). It may provide guidance to the Center to provide relevant information, situation updates, and assessments and/or coordinate appropriate response to support the NDRRMC.
C. As the maritime security situation escalates from law enforcement to a defense crisis, management of the operations will be handed over to the National Security Council in its capacity as the Executive Committee/National Crisis Management Committee (EXECOM/NCMC), which serves as the highest policy and decision-making body in the management of human-induced crises at the national level, as mandated under EO 82.
D. The Council shall provide oversight over all bilateral border committees established by bilateral agreements and shall issue appropriate guidelines for the conduct of cross-border maritime security operations.
CHAPTER 3
The National Coast Watch Council Secretariat
SECTION 1. The National Coast Watch Council Secretariat, hereafter referred to as the Secretariat, is established to provide technical and administrative support to the Council.
SECTION 2. Functions of the Secretariat. — The Secretariat shall have the following functions: DcHSEa
A. Support to Policy Direction and Coordination
1. Provide consultative research and administrative services to the Council;
2. Assist in the development of national capabilities and human resources for maritime and ocean affairs;
3. Undertake, or cause to be undertaken, any of the following:
i. Consultations with the EXECOM or any of its members, any government agency, concerned maritime and ocean sectors, non-government organizations, academe, and/or the general public, on any maritime related matters as may be deemed necessary;
ii. Research programs and policy studies on any and/or all maritime and ocean sectors as may be needed by the Council, including those for regulatory, governmental, environmental, developmental, strategic, or security purposes;
iii. Research, data gathering, information acquisition, and preparations for any negotiation or other modes with other countries in matters concerning the overlapping of maritime boundaries, fisheries, energy and mineral exploration, and exploitation in the ocean, or other agreements relating to the conservation, exploration, exploitation, protection, development and/or management of marine resources within Philippine maritime zones;
4. Create and maintain, or cause to be created and maintained, a central database and information system on maritime and ocean affairs in support of maritime and ocean policy and decision-making;
5. Identify, network with, enlist, and commission national and/or international expertise and institutions in support of or to assist the Government in maritime and ocean policy and decision making;
B. Assistance to the Chairperson and the Council
1. Provide assistance and administrative and technical support to the Chairperson in the management and oversight of:
i. The EXECOM
ii. Permanent and ad-hoc committees which may be convened and established by the Council
iii. Inter-agency Technical Working Groups, and
iv. The National Coast Watch Center
2. Assist the Council in proposing and reviewing legislative and administrative issuances on maritime security;
3. Undertake, or cause to be undertaken, activities necessary to raise the national archipelagic consciousness and communicate in a coordinated manner, publicize national maritime and ocean interests and issues;
C. Administrative Support and Reporting to the Council
1. Assist inter-agency committees and working groups convened and established by the Council in the performance of their respective mandates, including the provision of administrative, technical, and secretarial support;
2. Coordinate the participation of the appropriate agencies of government in international fora, meeting, and conferences that are relevant to the maritime and ocean interests of the Philippines;
3. Render a regular report to the Council Members on all activities undertaken by the EXECOM, permanent and ad-hoc committees, inter-agency working groups, and the National Coast Watch Center.
4. Avail of grants, endowments or donations from foreign or local entities in accordance with existing laws, to be applied to projects or studies to implement the policies or directives of the Council;
5. Perform such other functions and tasks as the Council may direct.
SECTION 3. Organization of the Secretariat. —
A. The Secretariat shall be headed by the Executive Director with the rank of Undersecretary, who shall be appointed by the Chairperson, upon the recommendation of the Council.
B. The Chairperson is hereby authorized, upon the recommendation of the Executive Director, to hire and determine remuneration of consultants and other experts for the Secretariat and/or to request the detail and secondment of personnel from other government agencies and institutions in accordance with the Civil Service law, rules, and regulations. SCaITA
C. The Executive Director shall designate a Deputy Executive Director with the rank of Assistant Secretary to provide overall supervision of the substantive work flow and administrative and day-to-day operations of the Secretariat as well as to act for and on his behalf during his absence.
D. The Executive Director shall designate Heads for the Units of the Secretariat to assist him/her in the performance of his functions.
E. Reorganization, realignment of functions, or creation of new units within the Secretariat shall be authorized by the Chairperson upon the recommendation of the Executive Director.
SECTION 4. National Maritime Policy Development. — The various policy issues related to the maritime and oceans affairs impacting on the Philippines as an archipelagic State demand a dedicated body with ample resources to address the multifaceted aspects of maritime policy, planning and governance. In line with this overarching need, the Secretariat, consistent with its mandate, shall serve as the center for the development, review, updating, and monitoring of implementation of overarching national maritime policies, such as but not limited to the following:
A. The National Marine Policy. The National Marine Policy of 1994, hereafter referred to as the "NMP" shall serve as the principal document defining the strategic maritime interests of the Philippines. Within sixty (60) working days from the effectivity of this IGRR, the Secretariat shall undertake a thorough review of the NMP and propose to the Council necessary revisions to the same.
B. The National Marine Strategy. The Secretariat shall undertake appropriate multi-disciplinary studies and inter-agency consultations in order to craft and submit to the Council, as soon as practicable, a National Marine Strategy, hereafter referred to as the NMS, that will ensure the realization of the ends and objectives of the NMP. The NMS shall have appropriate themes, sections, and/or annexes, as the case may be, for maritime development, safety and security, strategic communications, and regulatory initiatives. The NMS shall likewise include component plans and strategies such as, but not limited to:
1. The National Marine Engagement and Coordination Strategy. The Secretariat shall ensure effective cooperation and coordination between and among all government agencies, bureaus and offices with maritime domain-related mandates, duties and functions. In this regard, the NMS shall cause the adoption of a National Maritime Engagement and Coordination Strategy, hereafter referred to as the "NMECS". This strategy includes harmonization of all plans, projects and activities, whether local or international, related to the maritime domain by various government agencies, bureaus and offices with a view of optimizing resources, preventing unnecessary duplication of work and maximizing outcomes and results. It shall also aim to build institutional mechanisms in order to ensure integration and coordination of functions, plans, and programs by government agencies and other ocean-related sectors to complement the sectoral management approach for effective governance regime for oceans and coastal development.
2. The Strategic Communications Plan for Marine and Archipelagic Issues and Concerns. In coordination with relevant government agencies and instrumentalities, the NMS shall include a strategic communications plan designed to develop and enhance the maritime and archipelagic consciousness of maritime stakeholders and the general public and effectively communicate the NMP and NMS to all stakeholders.
SECTION 5. Inter-Agency Coordination. —
A. Harmonization of Mandates. Within ninety (90) working days from the adoption of this IGRR, the Secretariat, in coordination with the Department of Justice (DOJ), shall review all existing national laws, policies, and regulations to clarify and/or propose ways to deconflict the jurisdictions and mandates of member and other agencies.
B. Inter-Agency Working Groups. The Secretariat, with the consent of the Chairperson, may establish permanent and/or ad-hoc inter-agency working groups composed of government officials, technical experts, members of the academe, and/or private individuals to assist it in the performance of its mandates. Consistent with existing government rules and regulations, the Secretariat may provide appropriate remuneration and/or other benefits to the members of such working groups.
C. Terms of Reference of Inter-Agency Working Groups. The Secretariat shall recommend to the Chairperson the approval of appropriate Terms of References for the establishment of an Inter-Agency Working Group. The document shall outline the functions of the working group, its members, meetings, and required outputs. aTHCSE
SECTION 6. Records and Archives. —
A. The Secretariat shall keep and maintain an archive of all official transactions, communications and minutes of the Council meetings, to include the records of the different inter-agency committees and working groups established by the Council;
B. The Secretariat shall keep a record of all documents it received and released;
C. Information concerning the resolutions, decisions or activities of the Council and the inter-agency working groups established by the Council may be released or disclosed as authorized by the Council and;
D. All classified information and material will be stored, handled, transmitted and safeguarded in accordance with national security laws and regulations. Such information and material will bear the appropriate level of classification.
CHAPTER 4
The National Coast Watch Center
SECTION 1. National Coast Watch Center. — The National Coast Watch Center, hereafter referred to as the "Center", shall be the principal organ for implementing and coordinating maritime security operations in the Philippines in accordance with the strategic direction and policy guidance issued by the Council.
SECTION 2. Functions. — The Center shall have the following functions:
A. Gather, consolidate, synthesize, and disseminate information relevant to maritime security;
B. Develop and maintain effective communications and information systems to enhance inter-agency coordination in maritime security operations;
C. Coordinate the conduct of maritime surveillance or response operations upon the request of a member agency or when an exigency arises;
D. Plan, coordinate, monitor, evaluate, document, and report on the conduct of maritime security operations;
E. When so authorized by the Council, coordinate cross-border and multinational maritime security operation;
F. Coordinate support for the prosecution of apprehended violators;
G. Conduct periodic assessments on maritime security;
H. Conduct regular activities to engage all maritime stakeholders in various fora, seminars, workshops, and other activities;
I. Coordinate and facilitate training activities and exercises of members and support agencies of the Council to enhance coordination and interoperability in the NCWS;
J. Pursuant to Executive Order 82 series of 2012, perform the role of Crisis Management Office of the Chairperson for human induced threats within and adjacent to the Philippine maritime borders. As such, the Center shall assist the Chairperson to implement the 5Ps of crisis management, particularly:
1. Predict. Conduct Horizon Scanning or scanning for emerging threats and conveying strategic warnings; and undertake Situation Awareness processes at the strategic, operational, and tactical levels;
2. Prevent. Prepare or update inter-agency contingency and crisis action plans;
3. Prepare. Systematically undertake "Prepare" activities (organize, train, equip, exercise and evaluate/improve) as well as undertake capability building and enhancement activities;
4. Perform. Systematically determine and declare an incident as approaching crisis level, and afterwards activate an Incident Command System (ICS) and identify an Incident Commander to implement the crisis action plan.
5. Post-Action and Assessment. Systematically provide Post Action and Assessment Reports to the Chairperson for submission to the National Crisis Management Committee and the EXECOM/National Crisis Management Committee.
K. Perform such other functions as may be directed by the Council.
SECTION 3. Leadership. — The Center shall be headed by a Director who is an active Philippine Coast Guard (PCG) flag-rank officer as determined by the Council. The Director shall be appointed by the Council from among a list of PCG officers to be submitted and/or nominated by the Secretary of Transportation and Communications. The Director of the Center shall have a term of at least one (1) year, but not more than three (3) years, commencing from the effective date of his assumption.
SECTION 4. Organizational Structure. — The Center shall be organized as follows: cAaDHT
A. The Center shall be composed of a national level unit to be established in the PCG which shall be capable of strategic environment assessment and centralized inter-agency operational planning.
B. Regional Coordinating Centers (RCCs), with defined area of interest (AI), shall be established for joint and inter-agency operational and tactical coordination. Satellite coordinating centers may be identified to further decentralize execution of maritime actions. The RCCs and its satellite coordinating centers shall have the following functions:
1. Gather, consolidate, synthesize, assess, and disseminate information relevant to maritime security within its AI;
2. Develop and maintain effective communications and information systems to enhance inter-agency coordination in maritime security operations within its AI;
3. Coordinate the conduct of maritime surveillance or response operations based on the operational plans of the Center;
4. Provide inter-agency operational and tactical planning, coordination, monitoring, evaluation, documenting, and reporting for all maritime security operations within its AI;
5. When directed by the Center, coordinate cross-border and multinational maritime security operation;
6. Coordinate support for the prosecution of apprehended violators;
7. Conduct periodic assessments on maritime security within its AI; and
8. Perform the functions of the local Crisis Management Center pursuant to EO 82.
C. The Council, upon the recommendation of the Secretariat, shall determine the location of the RCCs and define its area of interest.
D. Following the principle of redundancy, a back-up facility shall be established and maintained capable of performing the functions of the Center if it is rendered inoperable for whatever cause or reason.
SECTION 5. Authority to Organize Inter-Agency Task Force. — As necessary, the Director may organize member and other concerned agencies' resources assets and facilities into an Inter-Agency Task Organization (IATO) in furtherance of a specific and urgent maritime security mission. Such assets and facilities may be placed under the operational control of or to otherwise provide support to the IATO for the duration of the mission.
SECTION 6. Inter-Agency Maritime Security Operational Framework. — The operations of the Center and its span of control over inter-agency maritime security operations shall be guided by the operational framework in Annex A, which is made as an integral part of the IGRR.
SECTION 7. Concept of Operations. — Within thirty (30) days from the effectivity of this IGRR, the Technical Working Group on CONOPS shall develop and submit to the Council, through the Secretariat, the Concept of Operations (CONOPS) following the framework in Annex B of this IGRR. The CONOPS shall discuss, among others, the following:
A. Vision of Center;
B. Mission of the Center;
C. Organizational Structure of the Center and its Regional Coordinating Centers;
D. Inter-Agency Command, Control, and/or Coordination Concept;
E. Information Sharing, Situational Awareness, and Common Operating Picture Concept;
F. Incident Management Concept;
G. Methodology for Support to Prosecution of Offenders;
H. Statement of Required Capability and Capacity; and
I. Reporting System
SECTION 8. The CONOPS to be adopted by the Council shall become Annex C of this IGRR and shall be constantly reviewed and updated as the need arises.
SECTION 9. Facility Management. — The Director of the Center shall exercise administrative supervision and control over all the units of the Center.
SECTION 10. Inter-Agency Manning Provision. — The Chairperson is hereby authorized, upon the recommendation of the Director of the Center, to hire and determine remuneration of employees for the Center and/or to request the detail and secondment of personnel from other government agencies and institutions in accordance with the Civil Service law, rules, and regulations or defense policies in the case of military officers and personnel.
SECTION 11. Relationships with Other Agencies and Inter-Agency Centers. — The Center shall be the primary inter-agency coordinating center for maritime security operations during peacetime situations. As the situation escalates into the following:
A. Human Induced Crises. The Center shall be the Crisis Management Office of the Chairperson for human induced crisis in the maritime domain. It shall perform initial Incident Management functions until such time that the Crisis Management Committee has been convened and a tasked organization shall have been organized to address the crisis. Thereafter, the Center shall provide continuing support until the crisis situation is fully addressed.
B. Natural Disaster Situations. The Center shall provide appropriate support to the Office of Civil Defense in cases of crisis from natural calamities.
C. Cross-Border Maritime Security Operations. The Center shall act as the command and control center for all cross-border maritime security operations directed by the Council. As such, the Center may exercise control and/or provide support as necessary for the accomplishment of specific missions and objectives of the operations.
D. National Defense Operations. Provide additional support to the National Security Council and Department of National Defense as may be directed by the Council.
E. Command, Control, and/or Coordination. The command, control, and/or coordinating relationships between the Center, support agencies, and other inter-agency bodies to meet specific situations shall be prescribed in contingency plans formulated by the Center and approved by the Council.
CHAPTER 5
Allocation and Management of Resources
SECTION 1. Operational Budget of Member and Support Agencies for the National Coast Watch Operations and Activities. — All Member/Support Agencies of the Council shall include a line item under their proposed annual budgets for operations and activities in support of the NCWS. The program or fund requirement shall be monitored, reviewed, and harmonized by the Council. The annual line item budget shall be limited to the following expenditures:
A. Fuel costs for operations to be expressed in programmed steaming time for ships and other sea vessels and programmed flying time in case of aircraft;
B. Travel requirements of personnel who shall perform duties and attend meetings prescribed under this IGRR; and
C. Such other expenditure as may be determined by the Council.
SECTION 2. Operational Budget for the Secretariat. — Funds to support the maintenance and operation of the Secretariat shall be included as a line item budget in the annual appropriations for the Office of the President. The budget of the Secretariat shall reflect the following: aCIHcD
A. Annual maintenance and other operating expense for the Secretariat including office equipment and supplies, communications, subscription to various publications, repair and maintenance of equipment and facilities;
B. Administrative support requirements for the conduct of all meetings by the Council and different inter-agency working groups;
C. Funds for the conduct of studies to be directed by the Council or an inter-agency working group;
D. Capacity-building programs and projects for maritime and oceans concerns;
E. Personnel Services for salaries and allowances for personnel hired and/or assigned to the Secretariat and the Center, as well as remuneration for the members of committees and working groups; and
F. Such other expenses as the Chairperson may determine.
SECTION 3. Operational Budget for the Center. — The Center shall be a unit of the Office of the President under the administrative supervision and control of the Executive Secretary. Funds for the maintenance and operations of the Center shall be included as a line item budget in the annual appropriations of the Office of the President. The budget for the Center shall reflect the following:
A. Annual maintenance and other operating expense for the Center and its regional offices, including electricity, water, subscription for appropriate communications, and repair and maintenance of equipment and facilities; and
B. Cost to support inter-agency activities, trainings/exercises and other capacity-building and capability development programs.
SECTION 4. Facility Support. — The Secretariat and the Center shall have an appropriate site for its offices. For this purpose, the Chairperson is hereby authorized to coordinate, arrange and occupy at no cost any appropriate area under the administrative control of any agency or government-owned and controlled corporation, subject to the approval of its governing board; or construct/lease such building as may be necessary to house the Secretariat, Center, Regional Coordinating Centers, and satellite centers.
SECTION 5. Authority to Accept Assistance and/or Donations. — The Council and the Center are hereby authorized to accept donations, contributions, grants, bequests or gifts from domestic or foreign sources, for purposes relevant to their mandates and functions, in accordance with applicable laws and rules and subject to government accounting and auditing rules and regulations.
CHAPTER 6
Other Provisions
SECTION 1. Separability Clause. — If for any reason any portion or provision of the IGRR is declared unconstitutional or invalid by any court of law, the unaffected provisions shall remain valid and subsisting.
SECTION 2. Repealing Clause. — All issuances, rules, and regulations or parts thereof inconsistent with EO 57 are accordingly revoked, amended, or modified as the Council may specify in its resolutions.
SECTION 3. Amendments and Revision. — The Council shall regularly review this IGRR and issue amendments or revision thereto as it deems necessary. An amendment may be made through a resolution approved by the members of the Council. An amendment to this IGRR shall become effective after compliance by the Secretariat of the government rules and regulations concerning notice and publication.
SECTION 4. Effectivity. — This IGRR shall take effect following the completion of its publication in the Official Gazette or a newspaper of general circulation.
SO APPROVED.
Signed on November 12, 2014 in Malacañang, Manila.
(SGD.) PAQUITO N. OCHOA, JR.Executive Secretary
ANNEX A
Published in the Official Gazette, Vol. 112, No. 13 page 1848 on March 28, 2016.