Law Summary
Key Definitions
- Declaration of Security (DoS): An agreement between a ship and a port facility or another ship outlining security measures
- Designated Authority: The Office for Transportation Security (OTS)
- Port Facility Security Officer (PFSO): Responsible for port security plan development and liaison with ship security officers
- Port Facility: Defined area within the port for ship-to-port and ship-to-ship interactions
- Port Facility Security Plan (PFSP): Plan to protect port facilities, ships, persons, cargo, and property from security threats
- Security Levels 1, 2, and 3: Graduated levels defining security measures from minimum to heightened and imminent threat
- Security Incident: Any suspicious act or threat compromising security of ships or port facilities
- Ship Security Officer (SSO): Designated ship personnel responsible for implementing the ship's security plan
- Interfacing: Activities involving movement of persons or goods between ship and port or other ships
Policies on Declaration of Security
- DoS necessity is determined based on the Port Facility Security Assessment (PFSA) and specified in the PFSP
- DoS is mandatory when the PFSO or the ship deems it necessary, particularly under heightened security levels
- Port facility can refuse a ship’s request for a DoS if not in accordance with the PFSP
Responsibilities
- OTS: Assesses risks and sets security levels that determine when DoS is required
- PFSO: Completes DoS with the ship’s SSO, initiates DoS at Security Level 2, acknowledges and retains DoS documents
- SSO: Completes DoS with PFSO, requests DoS when ship’s level exceeds port’s, retains DoS documents
Guidelines for When DoS is Required
- When ship operates at higher security level than port
- After a security threat or incident involving the ship or port
- When operating at Security Level 3
- Following changes in security levels
- During embarkation/disembarkation of passengers or handling dangerous cargo
- When the ship lacks valid maritime security certification
- Other security circumstances as determined by OTS
- DoS requests and responses must be based on security grounds and not be routine for Security Level 1
Procedures in Negotiating and Documenting DoS
- Requests based on security reasons and aligned with PFSP
- Ships can request DoS based on higher security level, international agreements, or security incidents
- Port facilities acknowledge requests, but agree only if consistent with PFSP
- PFSO-initiated DoS requests must be complied with by SSO
- DoS agreement must be signed, dated, include duration, security level, and contact details
- DoS must be documented in English, following ISPS Code model
- DoS documentation retained for at least three years by both port and ship
Miscellaneous Provisions
- Liberal construction to promote maritime security
- OTS empowered to enforce, amend, or modify provisions as needed
- Supersedes conflicting previous orders or rules
- Separability clause ensures that invalid provisions do not affect the rest
- Effective fifteen days after publication
This memorandum establishes comprehensive guidelines for the declaration of security agreements between ships and port facilities in Philippine waters, focusing on risk-based, coordinated security measures to protect maritime interests against evolving threats.