Legal basis and implementing framework
- The memorandum circular is promulgated pursuant to Executive Order No. 277, as amended by Executive Order No. 311.
- The memorandum circular is aligned with the National Civil Aviation Security Program (NCASP).
- The memorandum circular establishes policies and guidelines to enhance aircraft security, specifically hold baggage and cargo security.
- ICAO Annex 17 is used as the benchmark for the “appropriate authority for security” framework under Executive Orders (EO) 277 and 311.
Policy rationale and purpose
- Aircraft security must be enhanced both on the ground and in the air.
- Hold baggage and cargo entering and exiting the aircraft hold must be secured through specific security measures.
- The memorandum circular promotes civil aviation security objectives through liberal construction of its provisions.
Scope and covered operators
- The memorandum circular applies to all national aircraft operators.
- The memorandum circular applies to international airport operators.
- The focus of compliance is on security measures for hold baggage and cargo entering and exiting the aircraft hold and related facilities.
Key definitions used
- Agent means any person, company, or organization engaged either directly or indirectly, whether by contractual agreement or otherwise, to carry out duties on behalf of an aircraft operator, airport operator, or air cargo operator.
- Appropriate authority for security means the Office for Transportation Security (OTS) as the State designated appropriate authority to implement the NCASP, consistent with ICAO Annex 17 under EO 277 and EO 311.
- Aircraft operator means the commercial operator of one or more aircraft holding an Air Operator Certificate or a Foreign Air Operator Certificate.
- Aircraft operator security program means the written security program developed by an aircraft operator which is approved by OTS.
- Airport operator means an organization or entity responsible for the management and coordination of airport operations, including airport security (also referred to as airport management).
- Airport security program means the written program detailing security measures and procedures at each airport serving civil aviation, in accordance with the NCASP, and approved by OTS.
- Cabin baggage means baggage intended for carriage in the cabin of an aircraft.
- Hold baggage means baggage and personal belongings accepted for transportation by an aircraft operator that are loaded into the hold of the aircraft and to which the person has no access while on board.
- Explosives means explosive products, commonly known as aplastic explosivesa, including explosives in flexible or elastic sheet form.
- Security equipment means devices of a specialized nature for use, individually or as part of a system, to prevent or detect acts of unlawful interference with civil aviation and its facilities.
- Security prohibited items means an object that can be used to commit an act of unlawful interference and that has not been properly declared and subjected to applicable laws and regulations.
Mandatory CCTV and hold baggage/cargo policies
- All aircraft operators must have a CCTV system for monitoring all cargo and hold baggage entering and exiting the baggage loading area of the aircraft hold.
- Hold baggage and cargo in transit to and from the baggage make up area and cargo facilities must be protected to prevent the introduction of security prohibited items.
- Airport and aircraft operator contracts with their agents must include security provisions for appropriate fines and penalties in case of violation of the NCASP, ASP, AOSP, and associated regulations.
OTS, aircraft operators, airport operators duties
- OTS shall:
- Assess and prescribe minimum standards for the CCTV system used in civil aviation security based on prevailing threat and risk factors.
- Approve the CCTV standard operating procedure of airport and aircraft operators.
- Have unrestricted access to all CCTV systems used by airport and aircraft operators as part of its risk assessment and quality control.
- Require airport and aircraft operators to submit reports of all security incidents.
- Aircraft operators shall:
- Ensure CCTV is in place in the baggage holding area of the cargo hold.
- Develop a CCTV standard operating procedure that forms part of the AOSP, covering protocols for incident response and investigation and provisions for logistics (manpower, communications, etc.).
- Ensure hold baggage and cargo transiting the baggage make up area and cargo facilities are appropriately protected to prevent introduction of security prohibited items.
- Submit to OTS reports of all security incidents.
- Ensure contracts with agents contain security provisions prescribing penalties for violation of the NCASP, ASP, and AOSP.
- Airport operators shall:
- Ensure CCTV is in place at the hold baggage area.
- Develop a CCTV standard operating procedure that forms part of the ASP, including protocols for incident response and investigation and provisions for logistics (manpower, communications, etc.).
- Monitor implementation of ASP provisions on hold baggage security.
- Ensure that all vehicles and persons are screened prior entry to and exit from the hold baggage and cargo facility.
- Submit to OTS reports of all security incidents.
- Ensure contracts with agents contain security provisions prescribing penalties for violation of the NCASP, ASP, and AOSP.
PNP AVSEGROUP monitoring and response
- PNP AVSEGROUP shall:
- Conduct monitoring of hold baggage and cargo operations.
- Provide specialist response including but not limited to anti-terrorist units, armed intervention, and explosive device disposal.
- Provide rapid armed response capability to major incidents at all international and domestic airports.
CCTV monitoring and storage guidelines
- CCTV monitoring for hold baggage and cargo must be conducted during loading and unloading of hold baggage and cargo, and CCTV must be placed inside with full view of the cargo hold of the aircraft.
- Airport and aircraft operators must appoint a security officer responsible for monitoring and controlling access to CCTV records.
- Video signals from CCTV must be stored on a removable hard drive with capacity to store more than 12 hours of data and must be subject to review by the airport operator, aircraft operator, and OTS.
- The storage medium must retain recorded information for a minimum of one month.
- The CCTV system must be easily configured using a PC from a remote station and must be protected by security codes to maintain system integrity.
- Access to CCTV images must be restricted to staff authorized under the airport and aircraft operators’ standard operating procedure approved by OTS.
- All CCTV systems must be maintained by the airport and aircraft operators.
Miscellaneous: construction, amendment, repeal, effectivity
- Provisions must be liberally construed to promote civil aviation security objectives.
- OTS, through its Administrator, may enforce the circular’s provisions and prescribe other requirements to meet evolving civil aviation security challenges.
- OTS, through its Administrator, may modify, amend, or repeal provisions of the circular through subsequent issuances.
- All orders, rules, regulations, issuances, or parts thereof that are inconsistent with the circular are repealed or modified accordingly.
- If any provision or section is declared null and void by competent authority, the remaining provisions remain in full force and effect.