Implementing Rules and Regulations of Memorandum of Agreement between Cebu Port Authority and Office for Transportation Security Re The Submission of Permit to Operate as Part of the Documentary Requirements for Issuance of a Statement of Compliance of Port Facility (SoCPF) in Compliance to the Provisions of National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI) and other Related Laws and Issuances

September 28, 2018

CPA ADMINISTRATIVE ORDER NO. 01-2018

 

WHEREAS, Section 9 (a) (b) (e) (f) (g) of Republic Act No. 7621 empowers the Cebu Port Authority (CPA) [Authority] to:

"(a) To manage, administer, operate, maintain, improve and develop, coordinate and otherwise govern the activities of all ports within its territorial jurisdiction;"

(b) To investigate, prepare, adopt, implement and execute a comprehensive and orderly plan for overall development of all ports within its territorial jurisdiction, and to update such plans, as may be warranted from time to time;"

xxx xxx xxx

"(e) To determine by survey and established by engineering design the exact location, system and character of any and all port facilities which it may own, construct, established, effectuate, operate or control;"

"(f) To provide and maintain port facilities including accessory buildings and installations within its territorial jurisdiction on its own or through the private sector;"

(g) To prescribe and enforce rules and regulations on the use of wharves, piers and anchorages by ships and other watercraft;"

WHEREAS, pursuant to Executive Order No. 311, Office for Transportation Security, an attached intermediate agency of Department of Transportation, is designated as the appropriate single authority responsible for the security of the transportation systems of the country including x x x Sea Transport and Maritime Infrastructure by ensuring that the International Maritime Organization's International Ship and Port Facility Security (ISPS) Code, and that a National Security Programme for Sea Transport and Maritime Infrastructure is formulated, developed and implemented;

WHEREAS, in order to fulfill the commitment of the State to maintain a safe and dependable maritime transport system as effective instrument for national recovery and economic progress, CPA and OTS entered into and executed a Memorandum of Agreement;

WHEREAS, it is imperative to define and codify the regulations regarding the efficient implementation of the Memorandum of Agreement and to clearly state the duties and obligations of port facility operators which are under the control and supervision of the Cebu Port Authority;

WHEREAS, in compliance with the Memorandum of Agreement, certificates and Statement of Compliance shall be accomplished by the port facility operators which are under the control and supervision of the Cebu Port Authority.

WHEREAS, compliance with the provisions of the Certificates and/or requirements shall avoid imposition of penalty, such as suspension, cancellation or revocation of the said certificates, on the port facility operators and to avoid adverse effect on maritime business of Cebu Port Authority.

IN VIEW OF THE FOREGOING, the CPA hereby adopts and promulgates the following rules:

ARTICLE I

Preliminary Provisions

SECTION 1. Declaration of Policy. — It is the policy of the Authority to ensure compliance with the International Ship and Port Facility Security (ISPS) Code, the National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI) and other related laws, rules and regulations under the OTS port and maritime transport security measures.

SECTION 2. Coverage. — This Implementing Rules and Regulations (IRR) shall apply to all ports within the territorial jurisdiction of the CPA.

SECTION 3. Definition of Terms. — The following terms shall be construed as indicated herein below:

3.1 Authority — pertains to Cebu Port Authority (CPA) as created and established by virtue of Republic Act No. 7621. 1

3.2 Declaration of Security (DoS) — An agreement reached between a ship and either a port facility or another ship with which it interfaces, specifying the security measures each will implement. 2

3.3 General Manager of the Authority — refers to the person who oversees and manages the operation of all seaports within the jurisdiction of the Authority.

3.4 International Ship and Port Facility Security (ISPS) Code — A comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities.

3.4 International Ship Security Certificate (ISSC) — A document issued by the OTS, or a Recognized Security Organization (RSO) when so authorized, to a ship primarily engaged in International voyage after approval of its SSP, and verification.

3.5 National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI) — it refers to the policy issued by the OTS on 11, October 2007 stipulating mandatory compliance of the required security assessment and security plan of ships and port/shipyard/offshore platform drilling facilities covered by the NSPSTMI.

3.6 National Ship Security Certificate (NSSC) — refers to a document issued by OTS, to a ship registered for domestic trade, after approval of its SSP, and a verification that such plan is properly implemented on board.

3.7 Office for Transportation Security (OTS) — pertains to the government agency created by virtue of Executive Order No. 277, as amended by Executive Order No. 311; and which agency is the Designated Authority and Administration relative to the ISPS Code and Safety of Life at Sea (SOLAS).

3.8 Port Facility — it refers to the location where a ships interface with the port; this includes harbor, anchorages, waiting berths and approaches from seaward, as maybe appropriate.

3.9 Port Facility Security Assessment (PFSA) — it refers to a risk analysis of all aspects of a port facility's operation in order to determine which part(s) of it are more susceptible and/or likely to be subject for attack. 3

3.10 Port Facility Security Officer (PFSO) — it pertains to the person designated by the port authority as responsible for the development, implementation, revision and maintenance of the Port Facility Security Plan and to liaise with the Ship Security Officer (SSO) and Company Security Officer (CSO) (ibid.).

3.11 Port Facility Security Plan (PFSP) — it refers to a security plan developed based on the approved risk and vulnerability assessment to ensure the application of measures to protect the port facility and the ship, persons, cargoes and ship stores within the port facility from the risk of security incident, within the 500-meter maritime exclusive zone (ibid.).

3.12 Republic Act No. 7621 and its Implementing Rules and Regulations — pertains to the law creating and defining the powers, functions and authority of the CPA.

3.13 Security Plan Audit — refers to the examination of security measures or procedures to determine if a security plan has been implemented correctly.

3.14 Ship Security Assessment (SSA) — refers to the identification of the particular features of the ship, existing measures, procedures, shipboard operations and the potential threats and vulnerabilities. 4

3.15 Ship Security Plan (SSP) — refers to the plan developed to ensure the application of measures on board the ship designed to protect ship's personnel, passengers, ship service providers, cargoes and the ship itself from potential security incidents.

3.16 Ship Security Officer (SSO) — pertains to the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship, including implementation and maintenance of the SSP, and for the liaison with the CSO(s) and PFSO(s).

3.17 Security Drills — conducted at least every three months to ensure the effective of implementation of the PFSP. To ensure the effective implementation of the port facility security plan, drills shall be carried out at appropriate intervals, taking into account the types of operation of the port facility, port facility security personnel changes, the type of ship the port facility is serving and other relevant circumstances, taking into account guidance given in Part B of the ISPS Code. 5

3.18 Security Exercise — conducted once every calendar year with no more than 18 months in between exercises to ensure the effective coordination and implementation of PFSP. The Port Facility Security Officer shall ensure the effective co-ordination and implementation of the Port Facility Security Plan by participating in exercises at appropriate intervals, taking into account the guidance given in Part B of the ISPS Code (ibid.).

3.19 Ship/Port Interface — refers to the interactions that occur when a ship is directly and immediately affected by actions involving the movement of the persons, goods or the provisions of port services to or from the ship as stipulated in Chapter XI-2 (Special measures to enhance maritime security) of ISPS Code (ibid.).

3.20 Statement of Compliance of Port Facility (SoCPF) — refers to the document issued by the OTS to a port facility with an approved PFSP. 6

ARTICLE II

Policies

SECTION 4. Designation/Assignment of PFSO. — CPA shall require the designation of a PFSO, whose primary responsibility to conduct and prepare a PFSA in each port facility within its jurisdiction.

SECTION 5. Submission of PFSP. — The Authority shall require all ports under its control and supervision to submit the PFSP to guarantee their continued operation in accordance with law.

SECTION 6. SoCPF as a Mandatory Requirement. — All ports, under its control and supervision, shall submit to the Authority the Statement of Compliance of a Port Facility (SoCPF) duly issued by OTS as mandatory documentary requirement for the issuance of Permit to Operate (PTO); otherwise, the Authority, in accordance with the prescribed national security standards, shall recall, revoke or cancel the PTO of said a port facility.

ARTICLE III

Guidelines, Procedures, Fines and Sanctions

SECTION 7. Permit to Operate (PTO). — In addition to the pertinent policies and procedures, set forth by the Authority for the issuance of PTO, all port facilities within the control and supervision of the Authority shall submit a SoCPF including other documentary and training requirements of OTS in compliance with Section 6 Article II of this IRR and other government laws, rules and regulations.

SECTION 8. Port Facilities with Existing Permit to Operate. — Port Facilities with existing PTO shall be required to submit PFSP and comply with the documentary and training requirements of OTS to guarantee their continued operation in accordance with law.

Port Facilities with existing Registration agreements are required within One Hundred Eighty (180) days from notice to submit to the General Manager of the Authority the name of its designated PFSO, the documentary and training requirements of the latter and proof of submission to OTS of the port's draft PFSP and other requirements for SoCPF. The Authority, within thirty (30) days prior to the expiration of the 180-day period, shall notify the CPA Port Operators of its failure to comply and for the Authority's intention to recall/revoke/cancel its PTO.

SECTION 9. Non-compliance. — Aside from the grounds provided for in the CPA Port Operators' respective PTO, the Authority may revoke, cancel, terminate, suspend or withhold the issuance of its permit to operate on the following grounds:

9.1 Failure to appoint/designate a PFSO;

9.2 Failure to maintain an approved/valid SoCPF or failure to present upon a demand on current SoCPF;

9.3 Failure to comply with the training requirements of OTS (MC 02, Series 2014, MC 05, Series 2015 and MC 06, Series 2016);

9.4 Failure to rectify/comply with the findings identified by the auditors from Office for Transportation Security (OTS); and

9.5 Violation of any provisions of this Order.

SECTION 10. Ship-Port Interface. — Only ships with valid NSSC or ISSC shall be allowed to interface with port facilities which are under the control and supervision of the Authority. Otherwise, the Authority shall cause the cancellation or revocation of their PTO.

Non-compliant ships shall not be given any preferential treatment. For valid and practicable reasons, these non-compliant ships shall be allowed to interface with the port only within one hundred eighty (180) days and only after upon the appropriate determination by the concerned PFSO, of required additional security measures to be implemented. The additional security measures shall be agreed upon and enumerated in the Declaration of Security (DoS) to be executed by the Port Facility Security Officer (PFSO) and the Ship Security Officer (SSO), in behalf of the port facility and of the ship, respectively.

ARTICLE IV

Miscellaneous Provisions

SECTION 11. Amendatory Clause. — Any amendment, revision, modification, addenda or update to this IRR shall be issued through an Administrative Order.

SECTION 12. Repealing Clause. — All orders, rules, regulations, policies, guidelines, memoranda of circulars issued and/or adopted by the Authority, which are inconsistent herewith, are hereby deemed repealed.

SECTION 13. Separability Clause. — If any provision or section of this Order, or the application thereof to any person, corporate entity or any circumstances is held invalid, the other provisions or sections of this Order shall not be affected and shall continue to be in full force and effect.

SECTION 14. Effectivity. — This Order shall take effect fifteen (15) days after publication, once a week for two (2) weeks, in a newspaper of general circulation.

Approved per Board Resolution No. 636-2018 on 10 September 2018 during the 133rd Regular Board Meeting.

(SGD.) ANGELO C. VERDANCPA General Manager

 

Footnotes

1. An Act Creating the Cebu Port Authority, Defining its Powers and Functions, Providing Appropriation Therefor, and for Other Purposes, 26 June 1992.

2. Memorandum Circular No. 04, Series 2015, Guidelines in the Declaration of Security (DoS) by Ships and Port Facilities.

3. Memorandum Circular No. 03, Series 2013, Guidelines for the Issuance of International & National Ship Security Certificates (ISSC/NSSC), Statement of Compliance of Port Facility (SoCPF) & Statement of Compliance/Security Regulated Port (SoCSRP).

4. Memorandum Circular No. 03, Series 2013, Guidelines for the Issuance of International & National Ship Security Certificates (ISSC/NSSC), Statement of Compliance of Port Facility (SoCPF) & Statement of Compliance/Security Regulated Port (SoCSRP).

5. ISPS Code 2003 Edition.

6. Memorandum Circular No. 03, Series 2013, Guidelines for the Issuance of International & National Ship Security Certificates (ISSC/NSSC), Statement of Compliance of Port Facility (SoCPF) & Statement of Compliance/Security Regulated Port (SoCSRP).

Published in The Freeman, CDN and Sunstar on October 10 & 18, 2018.