[ OTS MEMORANDUM CIRCULAR NO. 02, S. 2013, November 15, 2013 ]
STANDARD GUIDELINE IN THE ACCREDITATION OF RECOGNIZED SECURITY ORGANIZATION (RSO)
Date Filed: 30 January 2014
Pursuant to E.O. No. 277; E.O. No. 311; Chapter XI-2 (IMO-SOLAS 1974); the IMO-ISPS Code; DOTC-Department Order No. 2004 (May 28, 2004); Transportation Security Regulation (OTS-TSR) No. 011-2007 dated October 1. 2007.
I. PURPOSE
To prescribe implementing guideline and procedure in the accreditation of Recognized Security Organization (RSO) performing statutory work on behalf of the Administration in the implementation of the IMO-SOLAS 1974 (Chap XI-2)-ISPS Code.
II. OBJECTIVE
It aims to accredit recognized security organizations (RSO) to implement standard security measures and appropriate security equipment on-board the Philippine registered ship of international voyage as required by Chapter XI-2, SOLAS 74/ISPS Code (IMO) to attain the required compliance level of ships as required.
III. COVERAGE
Recognized Security Organizations (RSO) accredited to perform statutory certification services for the Administration covering Philippine registered ship for foreign voyage including but not limited to verifications and certifications of ships compliance with the requirements of SOLAS Chapter XI-2, ISPS Code (IMO).
IV. DEFINITION OF TERMS
Administrator - refers to the Administrator, Office for Transportation Security (OTS).
ISPS Code - means the International Code for the security of the ship and port facility.
Office for Transportation Security (OTS) - is the agency responsible for the security of the transportation systems in the country and the designated Administration to implement the SOLAS Chapter XI-2 and the ISPS Code (IMO) and Authority responsible for the implementation of the National Security Program for Sea Transport and Maritime Infrastructure (the Program).
Recognized Security Organization - an organization with appropriate qualification or expertise in maritime security with appropriate knowledge of ship and port operations, authorized by OTS to perform certain security-related activities.
Ship - is a Philippine registered vessel engage in international voyage to which this Circular is applicable.
Ship Security Plan - is a document that contains measures to protect persons onboard, cargo, cargo transport units, ship's stores or the ship from risks of security incident.
V. GUIDELINE FOR ACCREDITATION
a. RSO must be a duly registered business entity with the Securities and Exchange Commission (SEC) or with the appropriate Office of the Department of Trade. Foreign registered/based RSO s may likewise apply for accreditation provided they are authorized to do business in the Philippines and they appoint a Resident Agent (RA) to lawfully represent them in litigation/arbitration if needed. A performance bond equivalent to Php500,000.00 must cover the RA during the validity of the appointment.
b. The RSO must demonstrate organizational effectiveness and capabilities necessary to undertake the specific duties that maybe delegated to them.
c. A formal appointment shall be issued;
1) Specifying the scope and duration of the appointment.
2) Identifying the respective point of contact within OTS and the RSO.
3) Detailing the procedures for communications between OTS and the RSO.
4) Detailing the oversight procedures to verify satisfactory activities of the RSO.
5) Detailing the procedures for assessing reports received from the RSO.
6) Detailing procedures to follow if ship is found not compliant.
7) Detailing procedure upon other state imposed measures on ISSC issued ship
8) Detailing the data given to OTS to assist in the authority's approval of SSPs.
9) Identifying the laws, policies, procedures & instruments provided to RSO.
10) Specifying the records to be maintained by the RSO.
11) Specifying reports on a regular basis, including changes in capability.
12) Specifying a process for resolving performance-related issues.
d. Subject to oversight/audit system based on ISM standard, OTS will undertake audit inspection of port facilities and ships where the RSO performed delegated activities to evaluate their performance.
e. International RSO should provide for the publication and systematic maintenance of procedures in the English language for the conduct of activities to ensure compliance with the delegated authority.
f. The RSO should allow participation in the development of its procedures by representatives from the Administration.
g. RSO shall be able to demonstrate by established procedures and relevant documentation the following capabilities in paragraph 4.5 of part B of the ISPS Code:
1) Expertise in relevant aspects of security.
2) Appropriate knowledge of ship and port operations.
3) Capability to access the security risks that could occur during ship and port facility operations including the ship/port interface to minimize such risks;
4) Ability to maintain and improve the expertise of their personnel;
5) Ability to monitor the continuing trustworthiness of their personnel;
6) Ability to avoid unauthorized disclosure/ access to, security-sensitive material;
7) Knowledge of the mandatory requirement of SOLAS chapter XI-2 and part A of the ISPS Code and the guidance contained in part B of the code and relevant national and international laws/legislation and security requirements;
8) Knowledge of current security threats and patterns;
9) Knowledge of recognition and detection of weapons, dangerous substance and devices;
10) Knowledge of recognition, on a non-discriminatory basis, of characteristics and behavioral patterns of persons who are likely to threaten security;
11) Knowledge of techniques used to circumvent security measures;
12) Knowledge of security and surveillance equipment and systems and their operational limitations.
h. RSO applying accreditation shall submit to OTS the following documents:
1. Company Profile and Capability as defined in SOLAS XI-2, ISPS Code
2. Organizational Structure
3. Profile of Board of Directors and Competency Training on Maritime Security Auditors
4. Company Policies
5. Company Objectives
6. Company Code of Ethics
7. Relevant Company Documents
8. Name of the bonded Resident Agent duly registered with the appropriate government office (SEC, BOI, etc)
VI. Validity
The accreditation certificate shall be valid for five (5) years.
VII. Effectivity
This Circular shall take effect this 15th day of November 2013, Pasay, MM. Philippines
(SGD) COMMO ROLAND S. RECOMONO, AFP (RET.)
Administrator
Office for Transportation Security