Mandatory Compliance to OTS Transportation Security Regulation No. 011-2007

November 20, 2008

CPA ADMINISTRATIVE ORDER NO. 04-08

 

WHEREAS, OTS Transportation Security Regulation No. 011-2007 STMB1SB, copy of which is hereto attached and made an integral part hereof, prescribes mandatory Security Assessment and Security Plan of Ships and Port Facilities covered by the National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI);

WHEREAS, in the interest of public safety and port security, the Cebu Port Authority adheres to and hereby adopts OTS Transportation Security Regulation No. 011-2007 and deems it as part of its policies, rules and regulations.

NOW, THEREFORE, by virtue of R.A. 7621, the General Port Rules and Regulations, the OTS Transportation Security Regulation No. 011-2007 is hereby prescribed to all port/shipyard/offshore drilling platform facility and ship operators under the jurisdiction of the Cebu Port Authority.

Non-compliance of OTS Transportation Security Regulation No. 011-2007 shall be deemed a violation of CPA rules and regulations, for which the penalty of suspension and/or revocation or cancellation of any license, accreditation, or privilege granted by the Authority may be imposed.

This Order shall take effect immediately.

(SGD.) ANGELO C. VERDANGeneral Manager

ATTACHMENT

Per Board Resolution No. 349-2008

Republic of the Philippines

TRANSPORTATION SECURITY REGULATION

 

Pursuant to Executive Order No. 277 as amended by Executive Order No. 311 and its Implementing Rules and Regulations (IRR) per dotc1 Department of Transportation & Communications (DOTC) Department Order No. 2005-05 and the National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI), this is to prescribe regulation on the mandatory requirement for Security Assessment and Security Plan of Ships and Port Facilities covered by the NSPSMI.

RULE I

General Provisions

Section 1. Declaration of Policy. — To enhance the security of the Maritime Transportation System in the country, every port/shipyard facility and Philippine Registered Ship covered by the Programme must conduct respective security assessment and based on said security assessment, develop and implement respective security plans. Such Security Assessment and Security Plan must be duly approved by OTS and shall thereby issue corresponding "Statement of Compliance of a Port/Shipyard Facility (SCPF)" for a Port/Shipyard/Offshore Platform Facility and "International Ship Security Certificate (ISSC)" or "National Ship Security Certificate (NSSC)" for ship in accordance with the NSPSTMI. SaIACT

Section 2. Legal Basis. — Executive Order No. 277 as amended by Executive Order No. 311 and its Implementing Rules and Regulations (IRR) designating the Office for Transportation Security (OTS) as the single authority responsible for the security of the transportation systems of the country.

Section 3. Definition of Terms. —

Administration — shall refer to the Office for the Transportation Security (OTS).

Administrator — shall refer to the Administrator of OTS.

Designated Authority — Office for Transportation Security (OTS).

Deficiency — A condition found not to be in compliance with the requirements of the Implementing Rules and Regulations of the Office for the Transportation Security.

Exemption Certificate — is a document issued by the administration to a ship/port not covered by this regulation.

Fishing Vessel — shall mean a vessel used for catching fish, whales, seals, walrus or other living resources of the sea.

Goods — includes animals, carcasses, baggage, and any movable property of any kind.

International Ship Security Certificate (ISSC) — the document issued by the OTS, or a RSO when so authorized, to a ship primarily engaged in international voyage after approval of its Ship Security Plan (SSP), and a verification that such plan is properly implanted on board.

IRR — is the Implementing Rules and Regulations of E.O. 311 under DOTC Department Order No. 2005-05.

MARINA — Maritime Industry Authority created by virtue of P.D. 474 as amended by R.A. 9295.

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

NSPSTMI — National Security Programme for Sea Transport and Maritime Infrastructure or simply called "The Programme".

Offshore Drilling Platform — shall refer to a fixed/submersible or a floating structure/unit operating in the marine environment for purposes of drilling rig operation.

Ocean-going Vessels — shall refer to Philippine Flag vessels operating in overseas trade or outside the Philippine waters, and foreign registered vessels calling any Philippine ports or authorized to temporarily engage in domestic trade or operate within Philippine waters.

OTS — Office for Transportation Security created by E.O. 277 as amended by E.O. 311 and DOTC D.O. 2005-05.

PCG — Philippine Coast Guard created by virtue of R.A. 5173 as amended by P.D. 601.

Port — a place where ships may anchor or tie up for the purpose of shelter, repair, loading or discharge of cargo, or for such activities connected with water-borne commerce, and including all the water areas and structures, equipment and facilities related to this functions.

Port Authorities — shall refer to PPA, CPA, SBMA, RPMA-ARMM, CEZA and PHIVIDEC Industrial Authority.

Port Facility — A location where the ship/port interface takes place. This includes shipyards, offshore platform facilities and areas such as anchorages, waiting berths and approaches from seawards, as appropriate.

Port Facility Operator — an entity which operates a port or port facility that is authorized by the Port Authorities which has jurisdiction over it.

Port/Shipyard/Offshore Platform Drilling Facility Security Assessment (PFSA) — 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 of attack. DSETac

Port/Shipyard/Offshore Platform Drilling Facility Security Plan (PFSP) — a plan developed to ensure the application of measures designed to protect the port facility assets and ships, persons, cargo, cargo transport units and ship's store within the port facility from the risks of a security incident.

PPA — Philippine Ports Authority created by virtue of P.D. 505 as amended P.D. 857 and further amended by E.O. 513.

Recognized Security Organization (RSO) — an organization with appropriate expertise on security matters and with appropriate knowledge of ship and port operations authorized by the OTS to carry out certain security-related activities.

Ship — means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, high-speed craft, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms.

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

Ship Security Plan (SSP) — a 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.

Shipyard — shall refer to the shipbuilding or ship repair facilities that have the capability to put ships out of water in a dry-dock or to lift ships above the water surface in order to effect ship work on ships, appendages, structure, machinery and equipment.

Statement of Compliance of a Port Facility (SCPF) — a document issued by the OTS to a port/shipyard/offshore platform drilling facility after approval of its PFSA and PFSP and after verification that such plan is being implemented in said port facility.

Vessel Operating in Domestic Trade — shall refer to Philippine Flag vessels engaged in water transportation service within Philippine waters.

Wooden vessel of Primitive build — shall refer to vessels build of wood and provided with sails.

Section 4. Coverage, Application, Scope and Exemptions. —This regulation applies to the following ships and port/shipyard/offshore platform facilities:

4.A Ships engaged in international voyage

4.A.1 Passenger ships, including high speed passenger craft;

4.A.2 Cargo ships, including high speed craft of 500 GRT and above; and

4.A.3 Mobile offshore drilling units.

4.B Ships engaged in domestic trade

4.B.1 Steel/Non-Wooden hulled passenger ships including high speed passenger craft of 50 GRT and above;

4.B.2 Wooden hulled passenger ships, of 200 GRT and above;

4.B.3 Cargo ships, of 300 GRT and above;

4.B.4 Cargo ships carrying dangerous substances, of 100 GRT and above; and

4.B.5 Fishing vessels ancillaries not involved in catching living resources of the sea of 100 GRT and above.

4.C Port Facilities/Shipyards/Offshore Platforms

4.C.1 All port facilities and shipyards servicing such ships aforementioned; and

4.C.2 Offshore production platforms and drilling units attached to the seabed servicing such ships aforementioned. DcTAIH

4.D Exemptions

The following are exempted from the mandatory compliance of the required security assessments and security plans:

Ships:

4.D.1. Fishing vessel.

4.D.2. Wooden ships of primitive build.

4.D.3. Warships and vessels or other ships owned or operated by a State and engaged only on governmental non-commercial service.

4.D.4. Pleasure yachts not engaged in trade. 

4.D.5. Non-propelled barges.

4.D.6. Other similar vessels.

Port Facilities/Shipyards/Offshore Platforms:

4.D.7 Port facilities "solely" providing services to ships exempted by this Regulation.

RULE II

Mandatory Requirements to Ships and Port Facilities

Section 5. A Ship Operator Shall Ensure that for Every Ship. —

5.A A Ship Security Assessment (SSA) is conducted and submitted to OTS for approval;

5.B A Ship Security Plan (SSP) is developed and formulated based from the OTS approved SSA and is submitted to OTS for approval;

5.C A Ship Security Assessment and a Ship Security Plan must conform to the OTS format per Annex A and Annex B respectively;

5.D The International Ship Security Certificate (ISSC) or National Ship Security Certificate (NSSC) duly issued by OTS or an RSO when so authorized must be obtained as a pre requisite document before a ship is allowed to operate and shall always be carried on board;

5.E The Ship Security Plan (SSP) which was duly approved by OTS is effectively implemented; and

5.F The security directives issued by the OTS and other appropriate government authority are implemented.

Section 6. A Port/Shipyard/Offshore Drilling Platform Facility Operator Shall Ensure that for Every Port Facility. —

6.A A Port/Shipyard/Offshore Drilling Platform Facility Security Assessment (PFSA) is conducted and submitted to OTS for approval;

6.B A Port/Shipyard/Offshore Drilling Platform Facility Security Plan (PFSP) is developed and formulated based from the OTS approved PFSA and submitted to OTS for approval;

6.C A Port/Shipyard/Offshore Drilling Platform Facility Security Assessment and Port/Shipyard/Offshore Drilling Platform Facility Security Plan must conform to OTS format per Annex C and Annex D respectively;

6.D The necessary Statement of Compliance of a Port Facility (SCPF) duly issued by OTS must be obtained as a prerequisite document before a port facility is allowed to operate in the case of a newly established port facility and is allowed to continue to operate in the case of already existing port facility and said SCPF is displayed in a conspicuous place within the port facility office; and

6.E The Port/Shipyard/Offshore Drilling Platform Facility Security Plan (PFSP) which was duly approved by OTS is effectively implemented.

Section 7. Effect of Noncompliance. — Failure to comply with the foregoing shall result to non-issuance, recall, revocation, or cancellation of permit to operate issued by MARINA or Port Authorities.

RULE III

Final Provisions

Section 8. Construction. — These rules shall be liberally construed in order to promote its security objectives.

Section 9. Reservation. — Nothing herein shall be construed as precluding OTS through the Administrator from enforcing these rules in conducting inspection, investigation, evaluation, assessment and audit of the activities enunciated herein, and in prescribing other requirements to meet the constantly evolving challenges in transport security administration. aDATHC

Section 10. Separability. — If any provision of these rules and regulations is declared null and void by competent authority, parts or provisions herein which are not affected shall stay and shall remain in full force and effect.

Section 11. Effectivity. — This Transport Security Regulation shall take effect fifteen (15) days after publication in a newspaper of general circulation.

(SGD.) UNDERSECRETARY CECILIO R. PENILLA

Approved:

(SGD.) HONORABLE LEANDRO R. MENDOZA

ANNEX A

MARITIME SECURITY BUREAU

Sample Format of a Ship Security Assessment

1. Introduction

1.1 Title

1.2 Purpose

1.3 Scope

1.4 Authority

1.5 Inclusive Date of Survey

1.6 Composition of Survey Team

1.7 Ship/Company Personnel Accompanying the Survey

1.8 General Information about the ship:

1. The ship itself

2. The ship officer's and crew

3. Trade patterns/ports of call

4. Tidal information affecting the ship

1.9 Identification of Existing Security Measures, Procedures and Operations:

1. Ensuring the performance of all ship security duties;

2. Controlling access to the ship, including use of any identification system;

3. Monitoring restricted areas to ensure that only authorized persons have access;

4. Monitoring of deck areas surrounding the ship;

5. Controlling the embarkation of persons and their effects;

6. Supervising ship's personnel, visitors, vendors, repair technicians, and dock workers;

7. Supervising the handling of cargo and the delivery of ship's stores;

8. Ensuring availability of ship security communication, information, and equipment;

9. Securing shipside/waterside areas using private security companies;

10. Responding to emergency situations.

2. Assessment

2.1 Criticality Assessment — Contains a statement on the current security situation, and an identification and evaluation of key shipboard assets and operations which are important to protect, such as:

1. navigation bridge, machinery spaces, control stations, etc.;

2. actual or potential access points to the ship;

3. cargo spaces and stowage arrangements;

4. locations where the ship's stores and essential maintenance equipment is stored;

5. locations where unaccompanied baggage is stored;

6. emergency and stand-by equipment available to maintain essential services;

7. the ship security communication equipment and systems;

8. the ship's security surveillance equipment and systems, if any; and

9. ship's personnel, passengers, visitors, vendors, repair technicians and dock workers.

2.2 Threat Identification and Evaluation — Identification of possible threats to the key shipboard assets and operations in order to established and prioritize security measures.

1. damage to, or destruction of the ship caused by explosive devices, arson, sabotage or vandalism;

2. hijacking or seizure of the ship or of persons on board;

3. tampering with cargo, essential ship equipment or systems or ship's stores;

4. unauthorized access or use, including presence of stowaways;

5. smuggling weapons or equipment, including weapons of mass destruction;

6. use of the ship to carry those intending to cause a security incident and/or their equipment;

7. Use of the ship itself as a weapon or as a means to cause damage or destruction;

8. attacks from seaward while at berth or at anchor; and

9. attacks while at sea.

2.3 Vulnerability Assessment — Identification of weakness, including human factors in the infrastructure, policies and procedures. CcHDSA

1. conflicts between safety and security measures;

2. conflicts between shipboard duties and security measures;

3. Watchkeeping duties, number of ship's personnel, particularly with implications on crew fatigue, alertness and performance;

4. any identified security training deficiencies;

5. any security equipment and systems, including communications systems;

6. gaps in physical security;

7. flaws in structural integrity;

8. insufficient personnel protection systems;

9. lapses in procedural policies; and

10. proximity to high risk areas.

2.4 Risk Analysis and Evaluation — Determination of the likelihood of a threat to actually happen and evaluation of the consequences or impact of such a threat. Likelihood and consequences ratings shall be used to prioritize risk events and determine security measures.

3. Recommendation

3.1 Preventive Countermeasures

3.2 Mitigative Countermeasures

3.3 Other Countermeasures

4. Monitoring and Review

ANNEX-ON-SCENE SECURITY SURVEY CHECKLIST

ANNEX B

MARITIME SECURITY BUREAU

Sample Format of a Ship Security Plan

1. Introduction

2. Definition of Terms

3. Administrative Provision

3.1 Authority

3.2 Approval

3.3 Security Classification

4. Security Organization and Security Responsibilities

4.1 Company Security Organization and Responsibilities

4.2 Ship Security Organization and Responsibilities

4.2.1 Master Overriding Authority

4.2.2 SSO

4.2.3 Ship's Crew

5. Standard Security Measures (Security Level 1)

5.1 Guard/watch system in port/underway

5.2 Security of and monitoring restricted areas

5.3 Access control (access ladder/door, ships personnel, visitors etc.)

5.4 Screening of passengers and their baggage (for passenger ship only)

5.5 Monitoring of security of the ship (open deck, passenger area and around the ship)

5.6 Handling of cargo

5.7 Delivery of Ship's Stores

5.8 Handling of Unaccompanied Baggage

6. Additional Security Measures

6.1 At Security Level 2

6.2 At Security Level 3

7. Contingency Procedures

7.1 Notification Responsibilities

7.2 Handling of different Threat Situations

7.2.1 Procedures for responding to security threats or breaches of security;

7.2.2 Procedures for responding to any security instructions from OTS or designated authority when in a foreign port; and

7.2.3 Procedures for evacuation in case of security threat or breaches of security.

7.3 Reports

8. Differing Security Level

9. Activities not covered by the Code

10. Declaration of Security

11. Plan Review

12. Records and Documentations

13. Training, Drills and Exercise

ANNEX A — Ship Security Assessment

ANNEX B — Contact Details

ANNEX C — Ship's Detail

ANNEX D — Ship Plans and Restricted Areas Diagram

ANNEX E — Threat Incident Reporting

ANNEX C

MARITIME SECURITY BUREAU

Sample Format of a Port Facility Security Assessment

1. Introduction

1.1 Title

1.2 Purpose

1.3 Scope

1.4 Authority

1.5 Inclusive Date of Survey

1.6 Composition of Survey Team

1.7 Port Facility Personnel Accompanying the Survey

1.8 General Information about the port

1. General layout of the facility

2. History, mission, functions, and importance to national security

3. Areas and structures in the vicinity of the facility

4. Degree of dependence on essential services (electricity, communications, etc.)

5. Standby equipment to assure continuity of essential services

6. Number, reliability and function of port personnel

7. Location and function of actual and potential access points

8. Vehicle traffic

2. Assessment

2.1 Criticality Assessment — An identification and evaluation of key port assets, infrastructures and operations which are important to protect, such as: 

1. Accesses, entrances, approaches, anchorages, maneuvering areas, berthing areas

2. Cargo facility, terminals, storage area, cargo handling equipment

3. Electrical distribution systems, radio and telecommunication systems and networks

4. Aids to navigation systems and equipment, vessel traffic management systems

5. Power plants, cargo transfer piping

6. Bridges, railways, roads

7. Port service vessels/boats, pilot boats, tugs, lighters, etc.

8. Waters adjacent to the port facility

9. Port personnel, passengers, visitors, vendors, repair technicians and dock workers

2.2 Threat Identification and Evaluation — Contains a statement on the current security situation and identification of possible threats to the key port facility assets and operations in order to establish and prioritize security measures aEAIDH

1. Destruction of the facility caused by explosive devices, arson, sabotage or vandalism;

2. Seizure of the facility or of persons within the facility;

3. Tampering with cargo, essential equipment or systems;

4. Unauthorized access or use, including presence of stowaways;

5. Smuggling weapons or equipment, including weapons of mass destruction;

6. Use of the facility to transfer those intending to cause a security incident and/or their equipment;

7. Use of the facility itself as a weapon or as a means to cause damage or destruction;

8. Attacks form seaward; and

9. Attacks from land.

2.3 Identification of Existing Security Measures, procedures and Operations

1. Ensuring the performance of all port facility security duties

2. Controlling access to the facility, including use of any identification system

3. Monitoring restricted areas to ensure that only authorized persons have access

4. Monitoring of public areas surrounding the facility

5. Cargo Handling

6. Ensuring availability of security communication, information and equipment

7. Securing waterside areas using private security companies

8. Responding to emergency situations

9. Linkages with other security organizations including government organizations

2.4 Vulnerability Assessment — Identification of weakness, including human factors in the infrastructure, policies and procedures.

1. Conflicts between safety and security measures;

2. Conflicts between operational duties and security measures;

3. Watchkeeping duties, number of personnel, particularly with implications on crew fatigue, alertness and performance;

4. Any identified security training deficiencies;

5. Any lack in security equipment and systems, including communications systems;

6. Gaps in physical security;

7. Flaws in structural integrity;

8. Insufficient personnel protection systems;

9. Lapses in procedural policies;

10. Proximity to high risk/urban areas;

11. Type of security forces available;

12. Response time for security personnel;

13. Availability of additional port security forces;

14. Local social and political environment;

15. Routes of access and egress; and

16. Transportation infrastructure.

17. Linkages with other security organizations including government organizations.

2.5 Risk Analysis and Evaluation — Determination of the likelihood of a threat to actually happen and evaluation of the consequences or impact of such a threat. Likelihood and consequences ratings shall be used to prioritize risk events and determine security measures. TIEHDC

3. Recommendation

3.1 Preventive Countermeasures — per vulnerability/asset

3.2 Mitigative Countermeasures — per vulnerability/asset

3.3 Other Countermeasures — per vulnerability/asset

4. Monitoring and Review

ANNEX — Accomplished Security Survey checklist — assets/Information Security measures

ANNEX D

MARITIME SECURITY BUREAU

Sample Format of a Port Facility Security Plan

1. Introduction

2. Definition of Terms

3. Administrative Provisions

3.1 Authority

3.2 Approval

3.3 Document Classification and Protection

4. Security Organization and Security Responsibilities

4.1 Security Organizational Chart

4.2 Security Responsibilities

a. Plant Manager/Manager/President

b. Port Facility Security Officer

c. Security Personnel

d. Ships Operator

e. Other Port Users

5. Port Facility Security Advisory Committee

5.1 Role

5.2 Membership (Gov't. security units, stakeholders and port facility service providers, among others)

5.3 Administrations

5.4 Committee's Response to Security Incidents

6. Standard Security Measures (Security Level 1)

6.1 Physical Barrier (fence, gates, etc.)

6.2 Guard system (Guards patrol, roving guard, etc.)

6.3 Access to the Port Facility

6.3.1 Access control for Staff/Employees;

6.3.2 Access of visitors to the ship including representative of seafarers' welfare and labour organization;

6.3.3 Access control for ship personnel;

6.3.4 Screening of Passenger/s; and

6.3.5 Access control for service providers and visitors;

6.4 Restricted areas within the Port Facility

6.5 Handling of Cargo and personal baggage

6.6 Delivery of Ship's Stores

6.7 Handling of unaccompanied baggage

6.8 Monitoring the security of the Port Facility including Anchorage and Approaches

6.8.1 Security guard details including foot patrol, vehicle and water borne patrols

6.8.2 Automatic intrusion detection device and surveillance equipment

6.8.3 Lighting Facilities

6.9 Other areas

7. Additional Security Measures (For all activities mentioned in para. 6)

7.1 At Security Level 2

7.2 At Security Level 3

8. Contingency Procedures

8.1 Contingency planning, emergency preparedness and response

8.2 Handling of Threats

8.2.1 Procedures for responding to security threats or breaches of security;

8.2.2 Procedures for responding to any security instructions from OTS;

8.2.3 Procedures for evacuation in case of security threats or breaches of security; and,

8.2.4 Procedures for responding in case the ship security alert system of the ship at the port facility has been activated. DHAcET

9. Records

9.1 Provision for retention of records of security incidents and threats, revision, audits, training, drills and exercises as evidence of compliance with those requirements; and

9.2 Procedure to maintain and update, records of dangerous goods and hazardous substance and their location within the facility.

10. Training, Drills and Exercise

11. Reporting procedures (including procedures for reporting security related incidents to the proper authority)

12. Provision for Plan Review (Para 15.4 Part A of the ISPS Code)

13. Security procedures in the conduct of Differing Security Levels (Para 16.55 Par B of the ISPS Code)

14. Security procedures in the conduct of activities not covered by the code (Para 16.56 Par B of the ISPS Code)

15. Procedures in the conduct of Declaration of Security (Para 5 Part B of the ISPS Code) THaCAI

ANNEXES

A — CONTACT DETAILS

B — PORT FACILITY LAYOUT AND RESTRICTED AREA DIAGRAMS

C — INCIDENT REPORTING

D — DOS Format