Question & AnswerQ&A (EXECUTIVE ORDER NO. 197)
The Philippines is implementing the provisions of the 1974 International Convention on the Safety of Life at Sea (SOLAS), as amended, specifically Chapter XI-2 on Special Measures to Enhance Maritime Security, which includes the ISPS Code.
The Secretary of Transportation and Communications (SOTC) is designated as the authority responsible for the security of sea transport and maritime infrastructure in the country.
The PCG shall perform control and compliance measures prescribed under the ISPS Code relating to the security of ships in or intending to call at any port of the Philippines, as part of its port state control functions.
The PPA and other port authorities are tasked with performing the security duties of the government under the ISPS Code with respect to port facilities, and in coordination with the Bureau of Customs, they must carry out security measures related to cargo handling to prevent tampering and unauthorized cargo on ships or port facilities.
MARINA is responsible for enforcing the ISPS Code provisions related to the security of Philippine-flagged or registered ships.
The OTS shall implement and maintain the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI), prescribe security standards subject to SOTC approval, examine and audit port security personnel and facilities, monitor compliance with the ISPS Code, and submit regular reports to the SOTC recommending improvements.
The PCG, MARINA, PPA, other port authorities, and all other concerned agencies involved in maritime security and enforcement, consistent with their legal mandates, may impose appropriate sanctions for violations of security standards and the ISPS Code as recommended by the OTS. The SOTC prescribes guidelines for these sanctions.
All government agencies, including the Bureau of Customs, Bureau of Immigration, and National Coast Watch Center, are directed to assist and coordinate with the SOTC. The SOTC must provide an organizational structure to harmonize the roles of OTS, PPA, PCG, MARINA, Philippine National Police, and other security-related agencies in implementing the EO.
The existing NSPSTMI must be updated in accordance with EO No. 197 and submitted to the SOTC for approval within 60 days after the EO's effectivity. All concerned government entities must submit monthly compliance reports to the SOTC.
Funding necessary for implementation shall be authorized through the General Appropriations Act and released directly to the concerned implementing agencies, following budgeting, accounting, and auditing rules and procedures.
The SOTC must promulgate the implementing rules and regulations within thirty (30) days from the EO's effectivity.
If any provision is declared invalid or unconstitutional, the other provisions not affected shall continue to be valid and subsisting.
Yes, any orders, rules, regulations, or issuances inconsistent with EO No. 197 are repealed or amended accordingly.