Title
Guidelines for Ship and Port Security Declaration
Law
Ots Memorandum Circular No. 04
Decision Date
Jul 31, 2015
The Office for Transportation Security establishes guidelines for the Declaration of Security (DoS) between ships and port facilities, outlining requirements and procedures to enhance maritime security based on varying security levels and potential threats.
declaration of
security
port facilities

Legal basis and governing framework

  • The circular is issued pursuant to Executive Order No. 311 dated 26 April 2006.
  • It implements the approach under paragraph 5.1 in Part A of the International Ship and Port Facility Security (ISPS) Code, requiring Contracting Governments to determine when a Declaration of Security (DoS) is required.
  • It prescribes requirements and procedures for DoS in accordance with the security level system under MC No. 03, Series of 2015.

Purpose and policy

  • The circular prescribes requirements and procedures for the Declaration of Security (DoS) consistent with the applicable security level under MC No. 03, Series of 2015.
  • DoS is treated as a security measure that must be grounded on risk and security reasons rather than a routine practice.

Coverage and key definitions

  • The circular applies to all ports in the Philippines serving ships engaged in international voyage and Philippine flag ships.
  • Declaration of Security (DoS) is an agreement reached between a ship and either a port facility or another ship it interfaces with, specifying the security measures each will implement.
  • Designated Authority refers to the Office for Transportation Security.
  • Port Facility Security Officer (PFSO) is the person designated to develop, implement, revise, and maintain the port facility security plan and to liaise with ship security officers and company security officers.
  • Port Facility is an area within the port determined by the PFSO in consultation with OTS where ship-to-port and ship-to-ship interfacing takes place, including areas such as anchorages, waiting berths, and seaward approaches, as appropriate.
  • Port Facility Security Plan (PFSP) is a plan developed to apply measures protecting the port facility and ships, persons, cargo, cargo transport units, and ships’ stores within the port facility from risks of a security incident.
  • Security Level 1 requires maintaining minimum appropriate protective security measures at all times.
  • Security Level 2 requires maintaining appropriate, additional protective security measures for a period of time due to heightened risk of a security incident.
  • Security Level 3 requires maintaining further specific protective security measures for a limited period when a security incident is probable or imminent.
  • A Security incident means any suspicious act or circumstance threatening the security of a ship (including a mobile offshore drilling unit and a high speed craft) or a port facility, or any ship/port interface or ship-to-ship activity.
  • Ship Security Officer (SSO) is the person on board the ship accountable to the master, designated by the Company, responsible for ship security, including implementation and maintenance of the ship security plan and liaison with the company security officer and the port facility security officers.
  • Ship includes mobile offshore drilling units and high-speed craft as defined in regulation XI-2/1.
  • Interfacing means interaction when a ship is directly and immediately affected by actions involving movement of persons, goods, or the provision of port services to or from the ship.

Policy on when a DoS applies

  • DoS need is determined based on a PFSA and must be provided in the PFSP.
  • A DoS is required when the PFSO deems it necessary in accordance with the security level set by OTS, or when a ship deems it necessary.
  • A port facility may refuse a ship’s DoS requirement.
  • DoS is not the norm and must not normally be required when both the port facility and the ship are operating at Security Level 1.

Responsible offices and operational duties

  • OTS determines when a DoS is required by assessing the risk that the ship-to-port or ship-to-ship interface poses to persons, property, or the environment.
  • OTS sets the security level that serves as the basis for requiring a DoS.
  • The PFSO completes the DoS with the SSO.
  • The PFSO must initiate a DoS prior to the ship/port interface when Security Level 2 is set.
  • The PFSO acknowledges a ship’s request for a DoS but agrees only if the circumstances conform to the PFSP.
  • The PFSO retains the DoS document for the period specified by OTS.
  • The SSO completes the DoS with the PFSO.
  • The SSO must request completion of a DoS when the ship is operating at a higher security level than the port or the ship it will interface with.
  • The SSO retains the DoS document for the period specified by OTS.

Circumstances and DoS request handling

  • The circular identifies circumstances warranting a DoS, including:
    • the ship operating at a higher security level than the port facility it interfaces with;
    • a security threat or security incident involving a port facility or a ship it interfaces with;
    • the port facility or ship operating at Security Level 3;
    • a change in the security level applying to the port facility or ship it interfaces with;
    • ship/port interface involving embarking or disembarking passengers or handling dangerous cargo;
    • non-compliance with Maritime Security Measures, including being without a valid International Ship Security Certificate;
    • other circumstances determined by OTS.
  • DoS requests for a specific ship/port interface and the corresponding responses must be based on security reasons.
  • The circular requires PFSP to set out the precise circumstances in practice for requiring and responding to DoS requests.
  • A ship may request completion of a DoS when:
    • the ship is operating at a higher security level than the port facility or another ship it interfaces with;
    • there is an agreement on a DoS between Contracting Governments covering certain international voyages or specific ships on those voyages;
    • there has been a security threat or security incident involving the ship or involving the port facility, as applicable;
    • the port is non-compliant to ISPS;
    • deemed necessary by OTS.
  • The port facility must acknowledge a ship’s request for completion of a DoS.
  • The port facility is not required to agree to a ship’s DoS unless the circumstances conform to the PFSP.
  • When a port facility initiates a DoS, the request must be acknowledged by the SSO, and the ship must comply with the request.

Required DoS content, language, signing, and retention

  • The agreed DoS must be signed and dated by both the port facility and the ship.
  • The agreed DoS must include:
    • its duration;
    • the relevant security level;
    • the relevant contact details.
  • The DoS must be completed in the English language, following the model DoS in Appendix 1 of Part B of the ISPS Code.
  • The DoS must be retained by the port and the Philippine flag vessel for at least three (3) years.

Construction, reservation, amendments, repeal, and separability

  • The circular mandates liberal construction to promote its maritime security objectives.
  • The circular preserves OTS’s authority, through its Administrator, to implement/enforce its provisions and prescribe additional requirements to meet evolving maritime security challenges.
  • The circular preserves OTS’s authority, through its Administrator, to modify, amend, or repeal any provision by subsequent issuances.
  • All orders, rules, regulations, issuances, or parts inconsistent with the circular are repealed or modified.
  • If any provision or section is declared null and void by a competent authority, the remaining provisions remain in full force and effect.

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