Policies and Guidelines on the Use of Appropriate Equipment on the Conduct of Security Screening Operations in Ports and Port Facilities

September 18, 2018

DOTr-OTS MEMORANDUM CIRCULAR NO. 2018-06

 

Pursuant to Executive Order No. 277 (January 2004) as amended by Executive Order No. 311 (26 April 2004); National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI); DOTC Department Order No. 29, dated 28 May 2004; Transportation Security Regulation (OTS-TSR) No. 011-2007, dated 1 October 2007; and Memorandum Circular (MC) No. 03-2013.

I. RATIONALE

There is a need to prescribe standards for security screening at the ports in order to prevent introduction of unlawful or prohibited items on board ships and to ensure the security of persons and properties within the ships and port facilities.

II. OBJECTIVE

To strengthen and engender sufficient confidence in the security of the port facility, ships, crew, passengers and cargoes through pre-emptive and pro-active response in the wake of emerging and current terrorist threats to our national security. TIADCc

III. SCOPE

This MC applies to port facilities catering to the following ships engaged in international voyage:

A. Passenger ships, including high speed passenger craft; and

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

and to the following coastwise vessels:

A. Steel hulled passenger ships including high speed passenger craft of 50 GRT and above;

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

C. Cargo ships, of 300 GRT and above; and,

D. Cargo ships carrying dangerous substances, of 100 GRT and above.

IV. STATEMENT OF POLICY

It is the policy of the Designated Authority to ensure that adequate and appropriate security measures, procedures, equipment and activities provided in the Port Security Plan or Port Facility Security Plan (PSP/PFSP) are in place based on the Port Security Assessment or Port Facility Security Assessment (PSA/PFSA).

V. GUIDELINES

A. All port/port facility operators "upon proper evaluation and determination derived from PFSA" shall install necessary/adequate screening equipment to ensure that all cargoes and containers are thoroughly searched and screened and that no unauthorized items are introduced on board the ships.

All port facilities shall conduct regular port facility security assessment, as provided in Section 8.2 of Book II of the National Program, and to submit updated PFSAs to OTS for approval. AIDSTE

B. The specifications of the screening equipment used by port/port facility as provided in the Annex B of this MC shall be included in the Security Plan, along with provisions/requirements for its maintenance.

C. Security screening procedure shall be outlined clearly in the Security Plan of Port Facility Operators. The daily standard/operational test of equipment and responsibilities of personnel tasked to perform the screening and assigned to operate the screening equipment shall also be included in the Security Plan.

The training of the maritime security screeners (MSS) shall be the responsibility of the port facility operators. The training curriculum/manual and maritime security screeners shall be certified by OTS. During the transition period, training shall be conducted by OTS.

D. Cargoes and/or containers which have already undergone screening and examination at source shall still undergo security screening at the ports.

E. Transport of Dangerous goods shall be in accordance with government regulations and applicable international conventions currently in force.

F. The port facility operator, through its Port Facility Security Officer (PFSO) shall immediately notify and report to OTS and concerned authorities, incidents and relevant information involving the illegal transport of dangerous goods including incendiary materials, improvised explosive device (IED), explosives and weapons into the port facility.

VI. MISCELLANEOUS PROVISIONS

A. Construction. The provisions herein shall be liberally construed in order to promote its maritime security objectives.

B. Reservation. Nothing herein shall be construed as precluding OTS, through its Administrator, from implementing/enforcing the provisions enunciated herein: and from prescribing other requirements to meet the constantly evolving challenges in maritime security.

C. Amendments. Nothing in this circular shall restrict the authority of OTS, through its Administrator, to modify, amend or repeal any provisions of this circular by subsequent issuances.

D. Repeal. All OTS orders, rules, regulations and issuances, or parts hereof, which are inconsistent with this circular, are hereby accordingly repealed or modified.

E. Separability. If any provision or section of this circular is declared null and void by competent authority, the remaining provisions thereof shall not be affected and shall remain in full force and effect. AaCTcI

F. Transition Period. The port and port facility shall comply with the provisions of this MC within ninety (90) days reckoned from its effectivity.

G. Effectivity. This circular shall take effect immediately. A copy of this circular shall be deposited with the University of the Philippines Law Center, in compliance with the Revised Administrative Code.

VII. ANNEXES

Annex A — Definition of Terms

Annex B — Equipment Specifications acEHCD

(SGD.) USEC. ARTURO M. EVANGELISTAAdministrator

ANNEX A

Definition of Terms

Administrator — refers to Administrator, OTS

Dangerous Materials — refers to goods or merchandise in the form of solid, liquid or gas which exhibit dangerous properties and pose significant risk to people or property when transported

Domestic Voyage — means a voyage in coastwise trade where the National Security Programmed for Sea Transport and Maritime Infrastructure (NSPMSTMI) applies

Improvised Explosive Device — a bomb constructed or deployed in ways other than in conventional military action

Incendiary — a device or attack designed to cause fires

International Voyage — means a voyage from a country to which SOLAS 74, Chapter XI-2 ISPS Code applies to a port/port facility outside the country or conversely

Label — refers to the prescribed caution label required to be affixed to the container of dangerous cargoes

National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI) — is a set of standards developed covering the procedures and security measures to be adopted in protecting the maritime transportation from unlawful acts

Port — Harbour having facilities for ships to moor and or to load or unload any kind of cargoes and or passengers

Port Facility — is a location where ship-interface takes place as determined by the Philippines Government. This includes areas such as anchorages, waiting berths and approaches from seaward as appropriate SDHTEC

Screening — is the application of technical or other means which are intended to identify and or detect weapons, explosives or other dangerous devices, articles or substances which may be used to commit unlawful acts

Security Incident — means any suspicious act or circumstance threatening the security of the ship or of a port or of any of the ship-port interface or ship-to-ship activity

Restricted Area — those areas at the port facility which are identifies as priority risk areas where in addition to access control, other security controls are applied HSAcaE

ANNEX B

EQUIPMENT SPECIFICATIONS

I. The following are the standard security equipment and technologies recognized for maritime security:

a. Hand-held metal detectors — detectors employ an electromagnetic field that interacts with any metal nearby, triggering an alarm.

b. Walk-through metal detectors — detectors that employ a pulsed magnetic field, which induces eddy currents in any metallic conductor.

c. Security scanners — scanners that detect both metallic and non-metallic items concealed on the body of a person. Body scanners use a range of different technologies, which may include the following:

(1) Active Millimeter (MM) Waves — Objects (threats, both metallic and non-metallic) concealed on the body can be detected as anomalies by analyzing the reflected MM wave radiation;

(2) Passive Millimeter (MM) Waves;

(3) Terahertz Imaging System;

(4) X-Ray-Based — Backscatter-Objects (threats, both metallic and non-metallic) concealed on the body under clothing can be detected as anomalies by viewing the backscatter radiation from a backscatter X-ray system; and,

(5) X-Ray-Based — Transmission.

d. Explosives Trace Detectors — The detection of explosive residues can be conducted by explosives trace detection systems when screening passengers, baggage and cargo to indicate the presence of explosives having three (3) different approaches to the detection of explosive traces:

(1) Explosive particulate;

(2) Explosive vapours; and HESIcT

(3) Canine olfaction or Explosive Detection Dogs (EDD).

e. Conventional X-rays — Explosives and weapons can be detected in cabin baggage through the recognition of their image by a screener on a transmission X-ray system.

f. Liquid Explosives Detection Systems (LEDS) — Liquid Explosives Detection systems are able to analyze liquids, aerosols and gels (LAGs) carried in cabin baggage to detect the presence of liquid explosives or precursors, while at the same time clearing benign items. Several technologies are employed to screen LAGs for the presence of liquid explosives and precursors. Examples are:

(1) Raman laser;

(2) Algorithm-based X-ray;

(3) FTIR (Fourier Transform Infra-Red) laser;

(4) Di-electric;

(5) Chemical test strips;

(6) Chemiluminescence;

(7) Ion Mobility Spectrometry;

(8) Gas chromatography; and

(9) Mass spectroscopy.

g. Algorithm-Based X-rays — For algorithm-based x-ray systems (also known as Explosives Detection Systems — EDS), dual-energy, dual-axis and X-ray backscatter technologies are used in varying degrees to allow the determination of a material's mass absorption coefficient and effective Z number through the interaction of X-ray energy with the material.

h. Computed Tomography Systems — CT images are acquired by one or more linear arrays of X-ray detectors on a rotating gantry illuminated by one X-ray source (typically about 160 kV) that is also on the gantry that rotates around the baggage to be screened.

i. Explosives Detection Dogs — Explosives detection dogs associated with proficient handlers are another efficient method to detect explosives. They shall be trained to detect explosives only, not narcotics. Nor shall they be used as a protection dog. They may be deployed using:

j. Threat Image Projection (TIP) — TIP consists of the virtual insertion of threat images from a database into the stream of images of scanned baggage and provides: caITAC

(1) Continual refresher training free of downtime;

(2) Objective performance assessment; and,

(3) Maintenance of operator vigilance.

II. The deployment of security equipment shall take into account the following operational requirements:

a. Size of items to be screened;

b. Size and mass of the equipment;

c. Screening capacity (throughput and hourly screening capacity);

d. Reliability and maintainability;

e. Integrity (possible sources of interference);

f. Licensing, such as of frequency bands used by the equipment;

g. Safety requirements;

h. Automation;

i. Operator interface;

j. Power requirements;

k. Data recording;

l. Threat image projection capability;

m. Training requirements;

n. Ease of use;

o. Environmental constraints (e.g., temperature and humidity); and,

p. Networking. ICHDca