QuestionsQuestions (EXECUTIVE ORDER NO. 311)
EO 311 designates the OTS as the single authority responsible for the security of the transportation systems of the country. The scope includes civil aviation, sea transport and maritime infrastructure, and land transportation including rail systems and infrastructure.
For civil aviation, EO 311 requires implementation of Annex 17 to the Convention on International Civil Aviation (as amended), the related Standards and Recommended Practices for Security as enumerated in the Security Manual for Safeguarding International Civil Aviation Against Acts of Unlawful Interference, and the National Civil Aviation Security Programme (NCASP).
EO 311 references the International Maritime Organization (IMO) International Ship and Port Facility Security Code (ISPS) and requires that the OTS ensure its implementation, along with the formulation, development, and implementation of a National Security Programme for sea transport and maritime infrastructure.
EO 311 requires the OTS to ensure that a National Security Programme for Land Transportation, Rail System and Infrastructure is formulated, developed, and implemented.
The OTS shall assume the functions of the NCASC enumerated in Section 4 of EO 277 (Jan. 30, 2004) and all other powers and functions of the NCASC, subject however to Section 3 of EO 311.
EO 311 authorizes the OTS to exercise operational control and supervision over units of law enforcement agencies and agency personnel providing security services in transportation systems (except motor vehicles in land transportation), jointly with the heads of the bureaus/agencies to which the units or personnel are organically belong or are assigned.
EO 311 explicitly includes security screening of passengers, baggage and cargoes, and the hiring, retention, training, and testing of security screening personnel.
In coordination with appropriate agencies, the OTS must formulate, develop, promulgate, and implement comprehensive security plans, policies, measures, strategies, and programs to deal with threats to transportation security; it must continually review, assess, and upgrade these security measures.
EO 311 authorizes the OTS to examine and audit their performance and then establish continuing performance standards for personnel, equipment, and facilities, including standards for training.
EO 311 requires the OTS to prepare a security manual/master plan or programme prescribing rules and regulations for the efficient and safe operation of all transportation systems, including standards for security screening procedures, prior screening/profiling for security access passes, and determination of security clearance levels for OTS, DOTC and attached agencies personnel, and other government agencies.
EO 311 provides that the OTS may, subject to approval of the Secretary of the DOTC, issue Transportation Security Regulations/Rules, and amend, rescind, or revise them as necessary.
EO 311 authorizes the OTS to enlist the assistance of any department, bureau, office, instrumentality, or GOCC, including using their personnel, facilities, and resources, to carry out its functions.
EO 311 states that the OTS must actively coordinate with law enforcement agencies in investigating and prosecuting illegal acts or unlawful interference committed at or directed to any public transportation system.
EO 311 provides that the NCASC shall henceforth act as an advisory body and consultative forum for the DOTC Secretary on civil aviation security matters. It also transfers the NCASC from DILG to DOTC, and reconstitutes it with specified members.
Under EO 311, the Secretary of the DOTC is Chairman and the Secretary of the DILG is Vice-Chairman.
EO 311 states that the amount necessary for initial operation and administration of the OTS shall be chargeable against funds for that purpose and other sources recommended by the DBM; thereafter, appropriations for the OTS will be included in DOTC budget proposals.
EO 311 requires the OTS, within ninety (90) days from the effectivity of the EO, to promulgate rules and regulations necessary for implementation, subject to approval of the Secretary of the DOTC.
EO 311 states it shall take effect immediately upon issuance. This implies that relevant powers, designations, and governance changes begin right away, subject to any later IRR development.