Law Summary
Definitions of Key Terms
- Air Cargo includes freight, consolidation, transshipments, unaccompanied items, postal and diplomatic mail, and unaccompanied baggage shipped on passenger commercial aircraft.
- Cargo Area encompasses all ground spaces related to cargo handling including aprons and warehouses.
- Cargo Operator refers to entities involved in acceptance, handling, loading, unloading, and ground handling services for aircraft.
- Regulated Agent means shippers or freight forwarders approved by OTS for security controls.
- Regulated Cargo is cargo from regulated agents or cargo subjected to security controls.
- Unregulated Cargo refers to cargo not subjected yet to security controls.
- Other terms defined include screening, security control, security equipment, mail, and airport authority.
Responsibilities of Key Entities
- OTS: Certification of regulated agents, conducting surveys and inspections, approving applications, and certifying regulated agents for two-year terms.
- PNP-AVSEGROUP: Supervises and monitors security controls, demands undertakings from operators, provides trained personnel for cargo security monitoring.
- Airline Operators: Implement security controls from acceptance to loading stages, require undertakings, support development of cargo screening systems, and develop an Aircraft Operator Security Program (AOSP).
- Cargo Operators: Formulate cargo security plans, cooperate with authorities, ensure cargo does not contain prohibited items, and develop screening systems.
- Airport Authority/Management: Provide secure cargo handling areas, enforce security controls, regulate access, ensure implementation of security programs, and submit quarterly reports.
- Regulated Agents/Postal Authority: Develop and maintain security plans, appoint security officers, certify cargo security compliance, and submit undertakings to airline operators.
Procedures for Acceptance, Handling, and Loading of Air Cargo
- Prior notice to operators about cargo delivery, identification of personnel and vehicles.
- Validation by cargo operator of cargo delivery information.
- Mandatory submission and verification of security declarations and undertakings by regulated agents.
- Screening of transport vehicles, visual inspections of cargo.
- Declaration of cargo status (clear or unclear) and communication with authorities in case of suspicious cargo.
- At least one security screening procedure before acceptance.
- Restriction of warehouse access to authorized personnel only.
- All cargo and mail, except certain diplomatic mail, must undergo security screening.
- Handling of unregulated cargo with heightened screening procedures.
Procedures for Special Categories of Cargo
- Valuable cargo requires special handling, care, and security procedures including use of controlled containers and contingency plans.
- Diplomatic mail exempt from screening if properly sealed and certified.
- Unaccompanied baggage treated as unknown cargo requiring security.
- Dangerous goods/hazardous materials must be declared and properly identified, subjected to applicable security measures.
- Live animals may be exempted from screening but must have visual inspection; related equipment subjected to security controls.
- Suspicious cargo must undergo additional screening and may be denied loading.
Security Screening Methods
- Methods include hand search, x-ray machines, explosives detection systems, metal detection, explosive trace/vapor detection, and accredited explosive detection dogs.
- Threat neutralization techniques include decompression chambers, full flight simulation, and controlled security storage.
Sanctions and Enforcement
- Misrepresentation in certification applications leads to disapproval, cancellation, and permanent business ban.
- Negligence by security personnel results in disciplinary action under civil service rules.
- Violations by airline, cargo operators, or agents liable for damages; possible cancellation of operating permits by OTS in unlawful interference cases.
- Coordination among regulatory agencies for effective implementation.
Miscellaneous Provisions
- Liberal construction of rules to promote aviation security.
- OTS Administrator retains authority to enforce rules and prescribe additional requirements.
- Repeal or modification of conflicting orders or issuances.
- Separability clause to preserve validity of unaffected provisions.
- Immediate effectivity fifteen days after publication in a newspaper of general circulation.