Designating The Secretary Of Transportation And Communications As The Authority Responsible For The Security Of Sea Transport And Maritime Infrastructure In The Country, And For Other Purposes

Case Overview and Summary

Summary of Executive Order No. 197

Designating the Secretary of Transportation and Communications as the Authority Responsible for the Security of Sea Transport and Maritime Infrastructure in the Country

- Pursuant to the International Convention on the Safety of Life at Sea (SOLAS) and its International Ship and Port Facility Security (ISPS) Code, the Secretary of Transportation and Communications (SOTC) is designated as the authority responsible for the security of sea transport and maritime infrastructure in the Philippines. (Section 1)

- The SOTC shall ensure the performance of the following functions by respective agencies: (Section 2)
• Philippine Coast Guard (PCG) shall perform control and compliance measures under the ISPS Code for the security of ships in or intending to call at Philippine ports. (Section 2a)
• Philippine Ports Authority (PPA) and other port authorities shall perform security duties under the ISPS Code for port facilities, and coordinate with Bureau of Customs for security measures related to cargo handling. (Section 2b)
• Maritime Industry Authority (MARINA) shall enforce ISPS Code provisions for the security of Philippine-flagged or registered ships. (Section 2c)
• Office for Transportation Security (OTS) shall implement and maintain the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI), prescribe security standards, monitor compliance, and submit regular reports to the SOTC. (Section 2d)

- The PCG, MARINA, PPA, other port authorities, and agencies concerned with maritime security shall impose appropriate sanctions for violations of security standards and the ISPS Code, as recommended by the OTS and prescribed by the SOTC. (Section 3)

- All government agencies, including Bureau of Customs, Bureau of Immigration, and National Coast Watch Center, shall assist and coordinate with the SOTC for the successful performance of functions under this Executive Order. The SOTC shall provide the appropriate structure for coordination among agencies. (Section 4)

- The existing NSPSTMI shall be updated in accordance with this Executive Order and submitted for the SOTC's approval within sixty (60) days of effectivity. All concerned agencies shall submit monthly compliance reports to the SOTC. (Section 5)

- Necessary funding shall be authorized in the General Appropriations Act and directly released to the implementing agencies, subject to budgeting, accounting, and auditing rules. (Section 6)

- The SOTC shall promulgate implementing rules and regulations within thirty (30) days of effectivity. (Section 7)

- Provisions inconsistent with this Executive Order are repealed or amended accordingly. (Section 9)

- This Executive Order takes effect immediately. (Section 10)