Executive Order No. 197 (2016)

SECTION 1.

Authority responsible for the security of sea transport and maritime infrastructure. - The SOTC, as the authority responsible for the security of sea transport and maritime infrastructure in the country, shall ensure the accomplishment of the duties and responsibilities of the Contracting Government under the ISPS Code.

Delineation of functions

SECTION 2.

Delineation of functions. - Relative to the implementation of the ISPS Code, the SOTC shall ensure the performance by agencies of the following functions, subject to their respective legal mandates:

a Philippine Coast Guard (PCG). The PCG, as part of its port state control functions, shall perform control and compliance measures prescribed under the ISPS Code relative to the security of ships in or intending to call at any port of the Philippines;

b Philippine Ports Authority (PPA) and other port authorities. The PPA and other port authorities shall perform the security duties of the Philippine Government under the ISPS Code with respect to port facilities, and in coordination with the Bureau of Customs (BoC), perform the necessary security measures relating to cargo handling in order to prevent tampering and prevent cargo not intended for carriage from being accepted and stored on board ships and within port facilities;

c Maritime Industry Authority (MARINA). The MARINA shall enforce the ISPS Code provisions relative to the security of Philippine flagged or registered ships; and

d Office for Transportation Security (OTS). The OTS shall:

i. Implement and maintain the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI);

ii. Subject to existing laws and to the approval of the SOTC, prescribe security standards for the security of sea transport and maritime infrastructure;

iii. Examine and audit the performance of port security personnel, equipment and facilities, and thereafter, establish, on a continuing basis, performance standards for such personnel, equipment and facilities, including the training of said personnel, in accordance with the approved port facility security assessments and plans;

iv. Monitor compliance of the PPA, other port authorities, PCG, MARINA, and other relevant government agencies, and recognized security organizations with the standards prescribed in the ISPS Code; and

v. Submit regular reports to the SOTC and recommend measures for improvement, as may be necessary.

Imposition of Sanctions

SECTION 3.

Imposition of Sanctions. - Consistent with their respective legal mandates, the PCG, MARINA, PPA, other port authorities, and all other agencies concerned with maritime security, enforcement, and police authority, shall impose appropriate sanctions for violations of prescribed security standards and the ISPS Code, as may be recommended by the OTS. The SOTC shall prescribe the guidelines for the imposition of such sanctions in accordance with applicable laws and international agreements.

Inter-Agency Coordination

SECTION 4.

Inter-Agency Coordination. - All agencies of Government, including the BoC, Bureau of Immigration, and the National Coast Watch Center, are hereby directed to assist and coordinate with the SOTC for the successful performance of functions under this EO.

The SOTC shall provide the appropriate structure for coordination that harmonizes the roles and responsibilities of the OTS, PPA, other port authorities, PCG, MARINA, Philippine National Police, and other security-related agencies and organizations in the implementation of this EO.

National Security Program for Sea Transport and Maritime Infrastructure

SECTION 5.

National Security Program for Sea Transport and Maritime Infrastructure. - The existing NSPSTMI shall be updated in accordance with the provisions of this EO. The updated NSPSTMI shall be submitted for the approval of the SOTC within a period of sixty (60) days after the effectivity of this EO. All concerned government bureaus, agencies, and instrumentalities, including government-owned or -controlled corporations, shall submit monthly reports to the SOTC of their compliance thereto.

Appropriations and Source of Funding

SECTION 6.

Appropriations and Source of Funding. - The necessary funding to be authorized in the General Appropriations Act for this purpose shall be directly released to the concerned implementing agencies, subject to budgeting, accounting and auditing rules, regulations and procedures.

Implementing Rules and Regulations

SECTION 7.

Implementing Rules and Regulations. - The SOTC shall promulgate rules and regulations necessary for the implementation of this Executive Order, within thirty (30) days from its effectivity.

Separability

SECTION 8.

Separability. - If any provision of this EO is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.

Repeal

SECTION 9.

Repeal. - All other orders, rules, regulations and issuances, or parts thereof, which are inconsistent with this EO are hereby repealed or amended accordingly.

Effectivity

SECTION 10.

Effectivity. - This Order shall take effect immediately.

DONE, in the City of Manila, this 4th day of February, in the year of Our Lord, Two Thousand and Sixteen.

(Sgd.) BENIGNO S. AQUINO, III President of the Philippines

By the President:

(SGD.) PAQUITO N. OCHOA, JR. Executive Secretary