Policy, Purpose, and International Commitments
- The State is committed to maintaining safe and dependable transportation systems for national recovery and economic progress.
- The government must remain vigilant to prevent the introduction and carriage of weapons, explosives, other dangerous elements or devices, hazardous materials, and unauthorized carriage or bearing in public transport systems.
- Executive Order No. 311 directs formulation, implementation, and coordination of transportation security measures, programs, plans, and activities to enhance security and safety.
- Executive Order No. 311 relies on compliance with international security standards for aviation security, including Annex 17 and related security programs and manuals.
OTS as Single Security Authority
- Section 1 designates the OTS as the single authority responsible for the security of transportation systems of the country.
- Section 1(a) makes OTS responsible for Civil Aviation by ensuring implementation of Annex 17 to the Convention on International Civil Aviation, as amended, and related materials including the referenced Standards and Recommended Practices on Security and the Security Manual for Safeguarding International Civil Aviation Against Acts of Unlawful Interference, and the National Civil Aviation Security Programme (NCASP).
- Section 1(b) makes OTS responsible for Sea Transport and Maritime Infrastructure by ensuring implementation of the International Maritime Organization International Ship and Port Facility Security Code (ISPS) and by ensuring a National Security Programme for Sea Transport and Maritime Infrastructure is formulated, developed, and implemented.
- Section 1(c) makes OTS responsible for Land Transportation, Rail System and Infrastructure by ensuring a National Security Programme for Land Transportation, Rail System and Infrastructure is formulated, developed, and implemented.
OTS Powers and Functions
- Section 2(a) requires OTS to assume the functions of the National Civil Aviation Security Committee (NCASC) under Section 4 of Executive Order No. 277 (January 30, 2004) and all other powers and functions of NCASC, subject to Section 3 of Executive Order No. 311.
- Section 2(b) authorizes OTS to exercise operational control and supervision over all units of law enforcement agencies and agency personnel providing security services in transportation systems, except motor vehicles in land transportation, in coordination with the heads of the bureaus or agencies to which the units or personnel belong or are assigned.
- Section 2(c) makes OTS responsible for transportation security operations including security screening of passengers, baggage and cargoes, and the hiring, retention, training and testing of security screening personnel.
- Section 2(d) requires OTS, in coordination with appropriate government agencies and instrumentalities, to formulate, develop, promulgate, and implement comprehensive security plans, policies, measures, strategies, and programs, and to continually review, assess, and upgrade them to improve and enhance transportation security.
- Section 2(e) authorizes OTS to examine and audit the performance of transportation security personnel, equipment, and facilities, and to establish performance standards on a continuing basis, including for training.
- Section 2(f) requires OTS to prepare a security manual/master plan or programme prescribing rules for efficient and safe operation of transportation systems, including:
- standards for security screening procedures;
- prior screening or profiling of individuals for the issuance of security access passes; and
- determination of levels of security clearances for personnel of OTS, the DOTC and its attached agencies, and other government agencies.
- Section 2(g) authorizes OTS to prescribe security and safety standards for all transportation systems in accordance with existing laws, rules, regulations, and international conventions.
- Section 2(h) requires that, subject to the approval of the Secretary of the DOTC, OTS issue Transportation Security Regulations/Rules and amend, rescind, or revise them as necessary.
- Section 2(i) authorizes OTS to enlist assistance of any department, bureau, office, instrumentality, or government-owned or controlled corporation, including through use of their personnel, facilities, and resources.
- Section 2(j) requires OTS to coordinate with law enforcement agencies in the investigation and prosecution of illegal acts or unlawful interference committed at or directed to any public transportation system.
- Section 2(k) authorizes OTS to perform other functions necessary to effectively carry out the Executive Order or as directed by the Secretary of the DOTC.
NCASC Advisory Role and OTS Secretariat
- Section 3(a) requires the NCASC to act as an advisory body and consultative forum for the Secretary of the DOTC on civil aviation security matters.
- Section 3(a) transfers NCASC from the Department of the Interior and Local Government (DILG) to the DOTC and requires it to be reconstituted with the specified composition.
- Section 3(a) names the Secretary, DOTC as Chairman, and the Secretary, DILG as Vice-Chairman.
- Section 3(a) provides that OTS continues to serve as the Secretariat of NCASC.
- Section 3(a) provides that qualified DILG personnel performing secretariat functions for the NCASC may transfer to the DOTC and be absorbed by the OTS.
- Section 3(a) lists NCASC members including airport authority heads, aviation and security-related government officials and directors, and representatives from agencies such as Philippine National Police Aviation Security Group, Bureau of Customs, Bureau of Immigration, and other named agencies and units, including international intelligence and security units and relevant government bureaus.
DOTC Security Committees
- Section 4(a) authorizes the Secretary of the DOTC to create other security committees composed of concerned government agencies and stakeholders.
- Section 4(a) requires these committees to provide assistance in the formulation, development, and implementation of:
- national security programmes for sea transport and maritime infrastructure; and
- national security programmes for land transportation, rail system and infrastructure.
Funding and Budgeting for OTS
- Section 5(a) requires the amount necessary for the OTS initial operation and administration to be chargeable against funds for that purpose and other sources recommended by the Department of Budget and Management.
- Section 5(a) requires subsequent appropriations for the OTS to be included in the budget proposals under the DOTC.
IRR Requirement and Timeline
- Section 6(a) requires the OTS to promulgate rules and regulations necessary for implementation within ninety (90) days from the effectivity of this Executive Order.
- Section 6(a) requires the promulgated rules and regulations to be subject to approval of the Secretary of the DOTC.
Repeal, Modification, and Effectivity
- Section 7(a) modifies Executive Order No. 277 (January 30, 2004) accordingly.
- Section 7(a) repeals or modifies all other orders, rules, regulations, issuances, or parts that are inconsistent with Executive Order No. 311.
- Section 8(a) states that Executive Order No. 311 takes effect immediately.