Policies and Guidelines in the Accreditation of Recognized/Registered Security Organization for Domestic Maritime Security

October 20, 2016

OTS MEMORANDUM CIRCULAR NO. 005-16

 

Pursuant to E.O. No. 277; EO 311; National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI), DOTC-DO No. 29 dated May 28, 2004; Transportation Security Regulation (OTS-TSR) No. 011-2007 dated October 1, 2007 and MC 03, Ser. 2013.

I. RATIONALE

OTS recognizes that delegation of certain maritime security duties to Recognized/Registered Security Organization (RSO) is deemed appropriate to assist in the implementation of standard security measures and security equipment to coastwise ships, port facilities and shipyards serving these ships in compliance with maritime security measures and the NSPSTMI.

II. OBJECTIVE

This Memorandum Circular (MC) is designed to prescribe guidelines and procedures in the accreditation of Recognized/Registered Security Organization (RSO) to undertake certain maritime security duties.

III. SCOPE AND APPLICATION

This MC applies to Recognized/Registered Security Organizations (RSOs) desiring to be accredited to perform selected maritime security activities, covering Philippine-registered ships engaged in coastwise voyage, port facilities and shipyards serving such ships covered by the NSPSTMI, for the Designated Authority. TAIaHE

IV. STATEMENT OF POLICY

The Designated Authority (DA) makes it a policy to accredit a RSO for it to undertake certain security-related activities on its behalf, subject to verification by OTS of its performance of delegated security duties or related activities, to ensure its competency, efficiency and objectivity.

V. GUIDELINES IN THE ACCREDITATION OF RSO

A. Application for accreditation. File a formal application for accreditation, addressed to the Administrator/Officer in Charge of the OTS, and supported by the following documents:

1. Certificate of registration of business issued by the Security and Exchange Commission

2. Company Profile, including among others the following relevant information:

a. Profile of the Board of Directors

b. Company policies

c. Company objectives, vision or mission

d. Company code of ethics

e. OTS-certified Maritime security auditors (at least three) and proof of competencies such as the certification issued by OTS; and other documents detailing education; relevant training and work experience

B. Evaluation of the application for accreditation.

The OTS personnel responsible in evaluating the application for accreditation of the RSO shall: cDHAES

1. Review, verify and validate the submitted documents;

2. Conduct survey and inspection, upon securing a permit, of the RSO's company premises, equipment and facilities;

3. Make a thorough, objective assessment of the qualifications and competency of the RSO, taking into account the following:

a. The RSO must demonstrate organizational effectiveness and capabilities necessary to undertake the delegated tasks by the Administration/Designated Authority, which include:

• knowledge in relevant aspects of security;

• capability to assess and minimize or counter security risks during ship and port operations including ship/port interface;

• ability to maintain and improve the expertise of its personnel; and to monitor their continuing trustworthiness;

• ability to avoid unauthorized disclosure/access to security-sensitive information/materials;

• knowledge of the requirements of SOLAS 74, Chapter XI-2, ISPS Code (Part A, Part B),the NSPSTMI and relevant national regulations;

• knowledge of current security threats and patterns;

• knowledge of recognition and detection of weapons, dangerous substances and devices;

• knowledge of recognition, on non-discriminatory basis, of characteristics and behavioral patterns of persons who are likely to threaten security;

• knowledge of techniques used to circumvent security measures; ASEcHI

• knowledge of security surveillance equipment and systems and their operational limitations.

b. The RSO must have knowledge of the mandatory requirements of the ISPS Code and the NSPSTMI.

C. Issuance of and Validity of the Certificate of Accreditation

The RSO which have successfully passed the evaluation and assessment shall thereafter be issued by the DA a Certificate of Accreditation, valid for five (5) years, to undertake the following delegated maritime security duties:

1. Assist the DA in the conduct of initial, intermediate and renewal verification of coastwise ships, port facilities and shipyards serving such ships in compliance with the maritime security measures prescribed in the NSPSTMI.

2 Evaluate, during verification audit, the conduct of security drills and/or exercise conducted by the shipboard personnel, port facility/shipyard personnel performing security duties based on the Contingency Plan of the ship, port facility and shipyard facility which is appended in the Security Plan to ensure that the personnel are proficient in all assessed security duties and that the security plan is effective;

3. Submit report of audit findings and recommendations for endorsement to the Administrator/OIC, OTS.

4. Advise stakeholders to rectify major deficiency(ies) noted during verification audit, within reasonable period as authorized under Memo Circular No. 03 s. 2013;

5. In case the ship operator, port facility operator and shipyard operator request the services of an accredited RSO to carry out selected maritime security-related activities such as security assessment and development of security plan, the RSO may duly assist the stakeholders provided the RSO follows the prescribed OTS Template and submits the documents to OTS for evaluation and approval.

VI. RECALL, REVOCATION OR CANCELLATION OF THE CERTIFICATE OF ACCREDITATION

The following are the grounds for the recall, revocation, or cancellation of the Certificate of Accreditation: ITAaHc

A. Failure to perform the security-delegated activities in accordance with this Circular

B. Failure to comply with the policies, rules and regulations of OTS in relation to this MC; or with any of the conditions, if any, for the issuance of certificate of accreditation

C. Misrepresentation in any of the information/documents submitted

VII. EFFECTIVITY

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

VIII. ANNEX

Definition of Terms

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

ANNEX A

DEFINITION OF TERMS

Audit — a systematic, independent inspection and examination of security measures, procedures and activities contained within an approved security plan to verify or determine compliance or if they have been implemented correctly

Certified Maritime Security Auditor — a person, separate from the activities being examined/verified, having maritime security expertise and certified by OTS as such, to conduct maritime security verification, audit and/or inspection to coastwise ship, port facility and shipyard serving such ship

Coastwise Ship — a Philippine-registered vessel engaged in domestic trade, plying along the Philippine coast or between ports in the Philippines, such as:

• Steel hulled passenger ships including high speed passenger ships of 50 gross tonnage and above;

• Wooden-hulled passenger ships, of 200 gross tonnage and above;

• Cargo ships, of 300 gross tonnage and above;

• Cargo ships carrying dangerous substances, of 100 gross tonnage and above;

• Other coastwise ships that OTS may designate based on TVA risk analysis.

Designated Authority — refers to OTS, the agency mandated to implement the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI) for ports, port facilities and shipyards serving coastwise ships

National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI) — a planned and detailed set of maritime security measures designed to safeguard maritime transportation against unlawful interference and for related purposes

Port Facility — a location where the coastwise ship/port interface takes place, including areas such as anchorages, waiting berths and approaches from seaward, as appropriate

Port Facility Security Assessment — a risk analysis of a port facility's whole operation in order to determine which part(s) of it are more susceptible, and/or likely to be subject of attack;

Port Facility Security Plan — a plan developed to ensure the application of security measures designed to protect the port facility assets and ships, persons, cargoes, cargo transport units and ships stores within the port facility from the risk of security incident

Recognized/Registered Security Organization (RSO) — an organization with expertise in security matters and appropriate knowledge of ship and port operations authorized to carry out security related duties and/or responsibilities such as assessment, verification, or certification

Ship Security Assessment (SSA) — the process of identifying the security features of the ship, the security measures and procedures in place, shipboard operations and the potential threats and vulnerabilities;

Ship Security Plan (SSP) — a plan developed to ensure the application of measures onboard the ship designed to protect ship's personnel, passengers, cargo, cargo transport units, ship's stores or the ship from the risks of a security incident.

Verification Audit— a complete determination, by the OTS or its accredited RSOs, of compliance of the security system(s) and associated security equipment of the ship, port facility and shipyard facility, to the requirements of the NSPSTMI.