Legal basis and policy intent
- Executive Order (EO) No. 311 provides the legal basis for the issuance.
- Chapter XI-2 of SOLAS 1974, the IMO ISPS Code, and IMO MSC Circular 1132 are the framework for security-level implementation and guidance.
- DOTC Department Order No. 2004-29 supports the transportation-security regulatory setting.
- The National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI) provides program context for sea transport and maritime infrastructure security.
- The circular’s purpose is to prescribe guidelines for setting and communicating security levels.
- The circular applies to maintaining and communicating security levels for maritime operations.
Coverage: ships and ports
- The guidelines cover Philippine registered ships engaged in international and/or domestic voyage.
- The guidelines cover Philippine ports catering to ships engaged in international and/or domestic voyage.
- The OTS is the designated authority that sets the security level for ports within the Philippine territory and for all Philippine flag ships.
- Unless a different security level is declared, all ports within Philippine territory and all Philippine flag ships operate at Security Level 1.
Security level definitions
- Security Level 1 is the level at which minimum appropriate protective security measures must be maintained at all times.
- Security Level 2 is the level at which appropriate additional protective security measures must be maintained for a period of time because of a heightened risk of a security incident.
- Security Level 3 is the level at which further specific protective security measures must be maintained for a limited period of time when a security incident is probable or imminent, even if the specific target cannot be identified.
Setting and communicating TSA
- OTS sets the security level for ports within Philippine territory and for all Philippine flag ships.
- Security Level changes are declared by OTS through a Transportation Security Advisory (TSA).
- A TSA must be communicated to Company Security Officers (CSO) and Port Facility Security Officers (PFSO) through the fastest means available, including email, fax, or text message (examples of acceptable fastest means).
- PFSO and CSO must provide their OTS contact details—including e-mail address, facsimile number, and cell phone number—to enable TSA communications.
- The CSO is responsible for disseminating the TSA to the SSO.
Implementation duties after TSA
- The PFSO and CSO must acknowledge receipt of the TSA.
- The PFSO and CSO must immediately implement additional security measures consistent with the set security level.
- Implementation by PFSO and CSO must be reported to OTS after the additional measures are implemented.
- If a security situation arises that does not warrant raising the security level, the PFSO, CSO, and SSO may adopt higher security measures as deemed necessary to address the situation.
- Higher security measures adopted under the foregoing rule must be reported immediately to OTS.
Queries and OTS contact channels
- Queries or requests for information on security level may be directed to OTS.
- OTS provides the Telefax: 8537964 (24 hrs.) and OTS Hotline: (0915) 315-5377 for security-level inquiries.
- OTS provides the e-mail address: iob_tsoc@yahoo.com for security-level inquiries.
Construction, reservation, amendments, repeal, separability
- The circular’s provisions must be liberally construed to promote maritime security objectives.
- OTS, through its Administrator, is not precluded from implementing/enforcing the circular’s provisions and prescribing other requirements to meet evolving maritime security challenges.
- Amendments: OTS, through its Administrator, may modify, amend, or repeal any provision of the circular through subsequent issuances.
- Repeal: all orders, rules and regulations, issuances, or parts inconsistent with the circular are repealed or modified.
- Separability: if any provision or section is declared null and void by competent authority, the remaining provisions continue in full force and effect.