QuestionsQuestions (OTS MEMORANDUM CIRCULAR NO. 02, S. 2013)
The Circular states it is pursuant to E.O. No. 277; E.O. No. 311; Chapter XI-2 (IMO-SOLAS 1974); the IMO-ISPS Code; DOTC-Department Order No. 2004 (May 28, 2004); and Transportation Security Regulation (OTS-TSR) No. 011-2007 dated October 1, 2007.
To prescribe implementing guidelines and procedure in the accreditation of RSOs performing statutory work on behalf of the Administration in implementing IMO-SOLAS 1974 (Chapter XI-2) and the ISPS Code.
To accredit RSOs to implement standard security measures and appropriate security equipment on-board Philippine-registered ships of international voyage as required by SOLAS Chapter XI-2/ISPS Code to meet the required compliance level.
RSOs accredited to perform statutory certification services for the Administration covering Philippine-registered ships for foreign voyage, including verifications and certifications of ships’ compliance with SOLAS Chapter XI-2 and the ISPS Code.
An organization with appropriate qualification or expertise in maritime security with knowledge of ship and port operations, authorized by OTS to perform certain security-related activities.
“Administrator” refers to the Administrator of the Office for Transportation Security (OTS). The OTS is the agency responsible for security of transportation systems and is the designated Administration to implement SOLAS Chapter XI-2 and the ISPS Code.
The RSO must be a duly registered business entity with the Securities and Exchange Commission (SEC) or the appropriate office of the Department of Trade.
Foreign registered/based RSOs may apply if authorized to do business in the Philippines and they appoint a Resident Agent (RA) to lawfully represent them in litigation/arbitration if needed.
A performance bond equivalent to Php500,000.00 must cover the RA during the validity of the appointment.
It states OTS will undertake audit inspection of port facilities and ships where the RSO performed delegated activities, subject to an oversight/audit system based on ISM standard.
International RSO should provide for publication and systematic maintenance of procedures in the English language for the conduct of activities to ensure compliance with the delegated authority.
The RSO should allow participation in the development of its procedures by representatives from the Administration.
The Circular requires capabilities such as: (1) expertise in relevant aspects of security; (2) appropriate knowledge of ship and port operations; (3) ability to access security risks including ship/port interface to minimize risks; and/or others like personnel trustworthiness monitoring, avoiding unauthorized disclosure of security-sensitive material, knowledge of SOLAS XI-2 and ISPS requirements, recognition of weapons/dangerous devices, threat patterns, and security equipment limitations.
The Circular lists: (1) Company Profile and Capability; (2) Organizational Structure; (3) Profile of Board of Directors and Competency Training on Maritime Security Auditors; (4) Company Policies; (5) Company Objectives; (6) Company Code of Ethics; (7) Relevant Company Documents; and (8) Name of the bonded Resident Agent duly registered with the appropriate government office.
It is valid for five (5) years.
It takes effect on 15 November 2013, Pasay, MM, Philippines.
The formal appointment must detail the procedures to follow if the ship is found not compliant.
Yes. The formal appointment must detail the data given to OTS to assist in the authority’s approval of SSPs, and the Circular defines SSP as a document containing measures to protect persons onboard, cargo, cargo transport units, ship’s stores, or the ship from risks of security incidents.