Implementing Rules and Regulations of Executive Order 197

January 3, 2019

DOTr DEPARTMENT ORDER NO. 2018-026

 

RULE I

Preliminary Provisions

SECTION 1. Title. — This Implementing Rules and Regulations (IRR) is promulgated pursuant to Executive Order No. 197, series of 2016 (EO 197) entitled, "Designating the Secretary of Transportation (SOTr) as the Authority Responsible for the Security of Sea Transport and Maritime Infrastructure in the Country, and for Other Purposes."

SECTION 2. Statement of Policy. — Pursuant to the International Convention on the Safety of Life at Sea (SOLAS Convention) of 1974 and its amendments, including Chapter XI-2, special measures to enhance maritime security enshrined in the International Ship and Port Facility Security (ISPS) Code, the Philippines, as a Contracting Party, is obligated to promulgate laws, decrees, orders, and regulations necessary to give Chapter XI-2 of the SOLAS Convention full and complete effect in order to instill cooperation between government agencies to detect acts that threaten security of maritime transportation system.

SECTION 3. Authority Responsible for the Security of Sea Transport and Maritime Infrastructure. — The SOTr, as the authority responsible for the security of sea transport and maritime infrastructure in the country, shall have the following powers, duties and functions:

a. Ensure the accomplishment of the duties and responsibilities of the Contracting Government under the ISPS Code;

b. Exercise authority over all agencies performing security functions and ensure that they will comply with the requirements of the ISPS Code;

c. Promulgate administrative issuances, rules and regulations necessary for the implementation of EO 197 and this IRR upon recommendation of OTS;

d. Designate representative/s, who shall act on his behalf in the implementation of EO 197, this IRR, and the performance of the powers, duties and functions herein stated; and

e. Perform such other functions as may be provided by law or as may be necessary, incidental, or proper to its mandate or as may be assigned from time to time by the President of the Republic of the Philippines.

SECTION 4. Coverage. — This IRR applies to the government agencies covered by EO 197. It also applies to maritime stakeholders, such as, but not limited to the following:

a. Foreign-registered ships in or intending to call at any port of the Philippines;

b. Philippine-registered ships engaged in international voyages:

i. Passenger ships, including high speed passenger craft;

ii. Cargo ships, including high speed craft of 500 GRT and above;

iii. Mobile offshore drilling units.

c. Port facilities, including offshore production platforms and drilling units attached to the seabed and shipyards, serving such ships identified under Section 4 (a) and (b).

d. All Philippine-registered ships primarily engaged in domestic trade but temporarily allowed by the Maritime Industry Authority (MARINA) to undertake international voyages.

SECTION 5. Purpose. — To provide for the necessary rules and regulations for the implementation of EO 197.

SECTION 6. Interpretation of This IRR. — This IRR shall be construed in a manner that would be consistent with the declared policy and to promote maritime transportation security objectives.

RULE II

Delineation of Functions

SECTION 7. The Philippine Coast Guard (PCG). — The PCG, as part of its port state control functions, shall perform control and compliance measures, prescribed under the ISPS Code, on the security of ships in or intending to call any port of the Philippines. For the aforementioned purposes, the PCG shall perform, including, but not limited to, the following:

a. Check if an approved International Shipping Security Certificate (ISSC) is on board;

b. Check if the Ship Security Officer (SSO) and all other ship personnel performing security duties are familiar with essential shipboard security procedures;

c. Check if communication equipment is in place and operational for proper coordination;

d. Require, as necessary, ships to provide security related information prior to entering a port; and

e. Enforce Regulation 9 of the ISPS Code in coordination, as may be appropriate, with other government agencies.

SECTION 8. Port Authorities. — Port Authorities shall perform the security duties of the Philippine Government under the ISPS Code with respect to port facilities covered under Section 4 (c) hereof, and in coordination with the Bureau of Customs (BOC), perform the necessary security measures relating to cargo handling in order to prevent tampering and prevent acceptance of cargo, not intended for carriage, from being accepted or stored on board ships and within port facility. The Port Authorities shall:

a. Carry-out the Port Facility Security Assessment (PFSA) as approved by OTS;

b. Require each port facility operator to prepare the Port Facility Security Plan (PFSP) based on the approved PFSA and submit the same to OTS for approval and subsequent issuance of Statement of Compliance of a Port Facility (SoCPF);

c. Require all port facilities within its jurisdiction to submit a copy of SoCPF to PPA; and

d. Ensure that port facilities have valid SoCPF, otherwise, impose sanctions in accordance with their mandate.

SECTION 9. Maritime Industry Authority (MARINA). — The MARINA shall enforce the ISPS Code provisions relative to the security of Philippine flagged or registered ships. The MARINA shall:

a. Ensure that all Philippine-registered ships engaged in international voyages, pursuant to Presidential Decree No. 760/866/1711, are compliant with the requirements of the SOLAS Convention of 1974 and its amendments; including Chapter XI-2 on the International Ship and Port Facility Security (ISPS) Code.

b. Require all Philippine-registered ships primarily engaged in domestic trade but temporarily allowed by the MARINA to undertake international voyages, to have an Interim ISSC issued by OTS, prior to issuance of special permits; and

c. Ensure that violation(s) of the above requirement is duly covered by MARINA's rules/regulations/circular, in accordance with existing laws.

SECTION 10. The Office of Transportation Security (OTS). — The OTS shall:

a. Implement and maintain the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI);

b. Ensure compliance with the ISPS Code as far as the requirement for ships and port facilities are concerned;

c. Issue Transportation Security Regulations (TSR) with the approval of SOTr relative to maritime transportation security;

d. Conduct compliance verification, which may include audits, inspections and test, and ensure implementation of approved Port Facility Security Plan (PFSP) and Ship Security Plan (SSP), respectively;

e. Approve SSA, SSP, PFSA, PFSP and issue ISSC, NSSC and SoCPF;

f. Set the maritime security level under the NSPSTMI;

g. Monitor compliance to the standards prescribed in the ISPS Code of the following government agencies:

i. Philippine Ports Authority and other port authorities, in their issuance of Permit to Operate (PTO) only to compliant ports and port facility operators;

ii. Philippine Coast Guard, in their conduct of port-state and flag-state control mandate;

iii. Maritime Industry Authority, in their issuance of permits only to compliant domestic ships and vessels; and

iv. Other government agencies with similar mandates.

h. Ensure that a Declaration of Security (DOS) is completed when the Contracting Government of the port facility deems it to be necessary or when a ship deems it necessary. Require the port facility and the ship operators to include provisions regarding DOS in their Port Facility Security Plan and Ship Security Plan, respectively; and

i. Report to the SOTr and recommend measures for improvement.

SECTION 11. Nothing in this IRR shall be construed to diminish or impair the functions, roles and responsibilities of the concerned government agencies as provided for under the relevant laws, rules and regulations.

RULE III

Imposition of Sanctions

SECTION 12. Consistent with their respective legal mandates, the PCG, MARINA, PPA, other ports authorities, and all other agencies concerned with maritime security, enforcement, and police authority, shall impose appropriate sanctions for violations of prescribed security standards and the ISPS Code, as may be recommended by the OTS. The SOTr shall prescribe the guidelines for the imposition of such sanctions in accordance with applicable laws and international agreements.

RULE IV

Inter-Agency Coordination

SECTION 13. A Security Committee for Ports and Ships, hereinafter referred to as the National Sea Transport and Maritime Infrastructure Security Committee (NSTMISC), is hereby created and presided by SOTr or his assigned representative/s. It shall be composed of DOTr, OTS, MARINA, PCG, PPA and other port authorities, PNP, Bureau of Customs, Bureau of Immigration and the National Coast Watch Center. The NSTMISC may recommend inclusion of other agencies as members.

The DOTr Office of the Undersecretary for Maritime is hereby appointed as the representative of the SOTr to the NSTMISC.

SECTION 14. The NSTMISC, after receipt of a report involving a violation of this IRR, shall coordinate with the concerned government agency and refer the matter for its appropriate actions.

SECTION 15. The NSTMISC shall also establish a mechanism, such as, but not limited to a Memorandum of Agreement (MOA) among and between the concerned agencies, for effective and efficient coordination and assistance between agencies to ensure maritime transportation security.

Any conflict arising from the implementation of EO 197 and this IRR between concerned agencies shall be settled amicably through mutual consultations or negotiations within the NSTMISC.

SECTION 16. The responsibilities of the Philippine National Police (PNP) and other law enforcement agencies, and the concerned government agencies shall be specified in the NSPSTMI.

RULE V

Updating the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI)

SECTION 17. The NSPSTMI comprises the standards, rules, regulations guidelines relative to maritime transportation security.

The existing NSPSTMI shall be updated in accordance with the provisions of EO 197. OTS shall update and revise the NSPSTMI in consultation and coordination with the concerned agencies, and shall submit the same to the SOTr for approval. Within fifteen (15) days from approval, OTS shall disseminate a copy of the NSPSTMI to the concerned agencies for implementation.

RULE VI

Reporting ISPS Compliance to the International Maritime Organization (IMO)

SECTION 18. OTS shall continuously update the IMO Global Integrated Shipping Information System to identify security compliant ships and ports, and report to SOTr accordingly.

RULE VII

Final Provisions

SECTION 19. Separability Clause. — If any of the provisions of this IRR is found by a court of competent jurisdiction to be void or unenforceable, in whole or in part, such provision shall be deemed deleted from this IRR but the remaining provisions thereof shall remain in full force and effect.

SECTION 20. Repealing Clause. — All Department Orders, circulars, rules and regulations and other issuances inconsistent with this IRR are hereby repealed or amended accordingly.

SECTION 21. Effectivity Clause. — This IRR shall take effect after fifteen (15) days following its publication in a newspaper of national circulation and a copy filed with the University of the Philippines Law Center.

(SGD.) ARTHUR P. TUGADESecretary