Title
Designates OTS as sole transport security body
Law
Executive Order No. 311
Decision Date
Apr 26, 2004
Executive Order No. 311 designates the Office for Transportation Security as the sole authority responsible for enhancing the security of the country's transportation systems, expanding its powers to implement comprehensive security measures across civil aviation, maritime, and land transport.

Questions (EXECUTIVE ORDER NO. 311)

EO 311 designates the Office for Transportation Security (OTS) as the single authority responsible for the security of the transportation systems of the country, including civil aviation, sea transport/maritime infrastructure, and land transportation/rail system and infrastructure.

EO 311 requires implementation of ICAO Annex 17 (as amended) and the Standards and Recommended Practices on Security, as enumerated in the ICAO Security Manual for Safeguarding International Civil Aviation Against Acts of Unlawful Interference, and the National Civil Aviation Security Programme (NCASP).

EO 311 requires implementation of the International Maritime Organization’s International Ship and Port Facility Security Code (ISPS) and formulation, development, and implementation of a National Security Programme for Sea Transport and Maritime Infrastructure.

EO 311 requires formulation, development, and implementation of a National Security Programme for Land Transportation, Rail System and Infrastructure.

EO 311 states that OTS shall assume the functions of the NCASC enumerated in Section 4 of Executive Order No. 277 (Jan. 30, 2004), subject to EO 311’s Section 3.

EO 311 grants OTS operational control and supervision over all units of law enforcement agencies and personnel providing security services in transportation systems, except for motor vehicles in land transportation, jointly with the heads of the bureaus/agencies to which they are organically assigned.

EO 311 makes OTS responsible for transportation security operations including security screening of passengers, baggage, and cargoes, and the hiring, retention, training, and testing of security screening personnel.

EO 311 requires OTS, in coordination with relevant government agencies/instrumentalities, to formulate/develop/promulgate/implement comprehensive security plans, policies, measures, strategies, and programs, and to continually review, assess, and upgrade them to improve transportation security.

EO 311 requires OTS to examine and audit the performance of transportation security personnel, equipment, and facilities, and thereafter establish continuing performance standards, including standards related to training.

EO 311 requires OTS to prepare a security manual/master plan/program prescribing rules for efficient and safe operation of transportation systems, including security screening procedures, prior screening/profiling for issuance of security access passes, and levels of security clearances for OTS, DOTC and attached agencies, and other government personnel.

EO 311 authorizes OTS, subject to approval of the Secretary of the DOTC, to issue Transportation Security Regulations/Rules and to amend, rescind, or revise them as needed.

Yes. EO 311 allows OTS to enlist the assistance of any department, bureau, office, instrumentality, or government-owned/controlled corporation, including their personnel, facilities, and resources, to carry out its functions.

EO 311 requires OTS to actively coordinate with law enforcement agencies in the investigation and prosecution of any illegal act or unlawful interference committed at or directed to any public transportation system.

EO 311 provides that NCASC will act as an advisory body and consultative forum for the Secretary of DOTC in civil aviation security, and it transfers NCASC from the DILG to the DOTC; it also reconstitutes NCASC with specified members.

OTS continues to serve as the secretariat of the NCASC; qualified DILG personnel performing secretariat functions have the option to transfer to DOTC and be absorbed by OTS.

EO 311 authorizes the Secretary of DOTC to create other security committees composed of concerned government agencies and stakeholders to assist in formulation, development, and implementation of national security programs for sea transport/maritime infrastructure and for land transportation/rail system/infrastructure.

EO 311 states initial operating/administration funding for OTS shall be chargeable against funds for that purpose and other sources recommended by DBM; thereafter, appropriations for OTS shall be included in DOTC budget proposals.

EO 311 requires that within ninety (90) days from effectivity, and subject to approval of the Secretary of DOTC, OTS shall promulgate IRR necessary to implement the EO.

EO 311 modifies Executive Order No. 277 dated Jan. 30, 2004 accordingly and repeals or modifies any other orders/rules/issuances or parts inconsistent with EO 311.

EO 311 provides that it takes effect immediately.


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