Question & AnswerQ&A (OTS Memorandum Circular No. 04)
The purpose of OTS Memorandum Circular No. 04, s. 2015 is to prescribe requirements and procedures in the Declaration of Security (DoS) in accordance with the set security level as provided in MC No. 03, Series of 2015.
This Memorandum Circular applies to all ports in the Philippines serving ships engaged in international voyages and Philippine-flagged ships.
A Declaration of Security (DoS) is 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.
The Designated Authority refers to the Office for Transportation Security (OTS).
The PFSO is responsible for the development, implementation, revision, and maintenance of the port facility security plan and for liaison with ship security officers and company security officers.
A DoS is required when the PFSO deems it necessary according to the security level set by OTS or when a ship deems it necessary. However, the port facility can refuse such ship requirements for DoS.
Security Level 1 is maintaining minimum appropriate protective security measures at all times. Security Level 2 involves additional protective measures for a period due to heightened risks. Security Level 3 involves further specific protective measures for a limited time when a security incident is probable or imminent.
OTS determines when a DoS is required by assessing the risk of the ship to port or ship to ship interface, and sets the security level as the basis for the DoS requirement.
The PFSO must complete the DoS with the Ship Security Officer (SSO), retain the DoS document for the period specified by OTS, and may initiate a DoS prior to ship/port interface in case of a Security Level 2 setting.
The ship's Security Officer requests the DoS if operating at a higher security level than the port or ship it interfaces with. The PFSO must acknowledge the request but agrees only if circumstances conform to those in the Port Facility Security Plan (PFSP).
DoS documents must be retained by the port facility and Philippine-flagged vessels for at least three (3) years.
Yes, the port facility can refuse the DoS request if the circumstances of the request do not conform to those set out in the PFSP.
The DoS must be completed in the English language, in accordance with the model DoS included in the ISPS Code.
Circumstances include when the ship is operating at a higher security level than the port facility, a security threat or incident involving the ship or port facility, operation at Security Level 3, handling dangerous cargo, non-compliance with Maritime Security Measures, and other circumstances determined by OTS.
The PFSP contains the precise circumstances and procedures for requiring and responding to DoS requests and serves as the guideline for PFSO and SSO regarding DoS agreements.