Legal Basis and Constitutional Authority
- The designation is grounded on the Philippines’ status as a contracting party to the 1974 SOLAS Convention, including Chapter XI-2 which incorporates the ISPS Code.
- EO No. 292 (1987) designates the Department of Transportation and Communications (DOTC) as the primary executive agency for transportation and communication systems.
- The 1987 Constitution vests control of all executive departments to the President, who may reorganize agencies and create or modify offices and positions.
Delineation of Functions Among Agencies
- Philippine Coast Guard (PCG): Performs control and compliance measures under the ISPS Code related to ship security at Philippine ports.
- Philippine Ports Authority (PPA) and other port authorities: Responsible for port facility security; coordinates with the Bureau of Customs (BoC) to ensure cargo security, preventing tampering and unauthorized cargo.
- Maritime Industry Authority (MARINA): Enforces ISPS Code provisions for Philippine flagged or registered vessels.
- Office for Transportation Security (OTS): Implements the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI); prescribes security standards subject to SOTC approval; audits port security performance; monitors compliance of involved agencies; submits reports and recommendations to SOTC.
Imposition of Sanctions
- Agencies such as PCG, MARINA, PPA, and others vested with maritime enforcement and police authority may impose sanctions for violations of ISPS Code security standards.
- The SOTC will issue guidelines on sanction imposition consistent with national laws and international agreements.
Inter-Agency Coordination
- All government agencies, including BoC, Bureau of Immigration, and National Coast Watch Center, must cooperate with the SOTC.
- The SOTC will establish an appropriate coordination framework harmonizing roles among OTS, PPA, PCG, MARINA, Philippine National Police, and other related entities.
National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI)
- The NSPSTMI shall be updated to align with this order’s provisions and submitted to SOTC for approval within 60 days.
- All concerned government entities and government-owned or controlled corporations are to submit monthly compliance reports to the SOTC.
Appropriations and Funding
- Funding for implementing the EO shall be authorized through the General Appropriations Act.
- Released funds shall be directly allocated to implementing agencies, subject to standard budgeting, accounting, and auditing standards.
Implementation Rules and Regulations
- The SOTC will promulgate necessary implementing rules and regulations within 30 days of the EO’s effectivity.
Separability Clause
- If any provision is declared invalid or unconstitutional, the remaining provisions remain effective and enforceable.
Repeal of Inconsistent Orders
- Any prior orders, rules, regulations, or issuances inconsistent with this EO are repealed or amended accordingly.
Effectivity
- The Executive Order takes effect immediately upon issuance.