QuestionsQuestions (OTS MEMORANDUM CIRCULAR NO. 03, S. 2013)
The circular cites E.O. No. 277 and E.O. No. 311, Chapter XI-2 of the IMO-SOLAS 1974, the IMO-ISPS Code, DOTC Department Order No. 2004 (May 28, 2004), the National Security Program for Sea Transport and Maritime Infrastructure, and OTS-TSR No. 011-2007. These establish the authority and framework for implementing international maritime security requirements, including the issuance and regulation of ISSC/NSSC and port statements of compliance.
Both refer to the Office for Transportation Security (OTS). In the circular, “Administration” specifically refers to the OTS in implementing ISPS Code Chapter XI-2 SOLAS of 1974, and “Designated Authority” also refers to the OTS in implementing the National Security Programme.
It covers: (1) Philippine-registered ships engaged in international and/or national (coastwise/domestic) voyage as prescribed by the ISPS Code and the Programme; (2) Philippine port facilities catering to ships engaged in international and/or national voyage; and (3) Philippine Security Regulated Ports (SRPs).
ISSC (International Ship Security Certificate) is for Philippine-registered ships engaged in international voyage. NSSC (National Ship Security Certificate) is for Philippine-registered ships for coastwise (national/domestic) voyage.
The Ship Security Assessment (SSA) must be submitted for evaluation and approval. For international ships, the Company Security Officer (CSO) submits it to the Administration/Authorized Agent; if an RSO prepared the SSA at the ship operator/owner’s instance, the enlisted RSO may submit the SSA to the Administration/Authorized Agent.
The circular states that if an RSO assists the ship operator/owner in preparing its SSP, that RSO is not authorized as an authorized Agent of the Administration to approve that particular SSP.
At least one (1) intermediate verification audit must be conducted preferably between the 2nd and 3rd anniversary dates. The Administrator/Administration may order additional verification audits during the certificate’s lifetime, especially in exigencies.
The CSO or an RSO authorized by the ship owner/operator submits the SSA to OTS for approval. The approved SSA becomes the basis for the preparation of the appropriate SSP, which is then submitted to OTS for evaluation and approval along with the oath/undertaking by the CSO/authorized representative.
It is an undertaking that attests that the security equipment/undertakings are in place. It must be submitted with the SSP when seeking OTS evaluation and approval for national ships.
The PSO/PFSO submits the Security Regulated Port Security Assessment (SRPSA) or Port Facility Security Assessment (PFSA) to OTS for evaluation and approval; the approved assessment becomes the basis for the Security Plan (SRPSP/PFSP). The SRPSP/PFSP is then submitted to OTS for evaluation and approval using the programme template. After approval, the required undertaking is submitted prior to the issuance of SoCSRP/SoCPF, which becomes effective subject to the requirements of the Programme.
If a verification audit is completed within three (3) months before the expiry date of the existing certificate/statement, a new NSSC, SoCSRP, or SoCPF is issued. The new document is valid from the date of completion of renewal verification to a date not exceeding five (5) years from the expiry date of the existing document.
If deficiencies are observed, the concerned regulated port or port facility is given 30 days from notice to rectify. Failure can result in the recall of approval of the security plan and the consequential cancellation of the issued certificate.
Verification audit is the confirmation that ship, port facility, and security regulated port security systems and associated equipment comply with ISPS Code and the Programme. For international ships, it includes initial verification audit, intermediate verification audit, renewal verification audit, and additional/unscheduled verification audit if warranted by the Administration.