Department of Transportation Department Order No. 2017-008 - Control and Supervision of Ports and Ships Security Operations by The PCG

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Republic ofthe Philippines DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS z RTMENT ORDER NO, __2027~008 SUBJECT: CONTROL AND SUPERVISION OF PORTS AND SHIPS’ SECURITY OPERATIONS BY THE PHILIPPINE COAST GUARD (PCG) DATE: (05 JUNE 2017 WHEREAS, on 23 May 2017, members of the Maute Terrorist Group sieged Marawi City; WHEREAS, the President declared a state of Martial Law in the entire Mindanao pursuant to Section 18, Article VII of the 1987 Constitution and Proclamation 216 dated 23 May 2017 and ordered the suspension of the privilege of the Writ of Habeas Corpu: WHEREAS, there is a need to secure all the egress and ingress, including all ports whether public or private, fish ports, feeder and social ports and all waterways; WHEREAS, the PCG, an armed and uniformed service attached to the DOTr is mandated under Section 3 (k) of Republic Act No, 9993 and Rule 3 (k) of its IRR to assist in the enforcement and maintenance of maritime security, prevention or suppression of terrorism at sea, and performance of law enforcement functions in accordance with pertinent laws, rules and regulations, among others; WHEREAS, there is an imperative need for the PCG to take over the security supervision of ports, and shipping whether public or private, including the egress and ingress to all waterways from the Maritime Industry Administration (MARINA) and Philippine Ports Authority (PPA); WHEREAS the PCG shall conduct search on all persons entering the ports and ships, and arrest persons who failed to comply with the order including those who shall impede, obstruct or interfere with the PCG’s supervision and control of the said establishment and related infrastructure; WHEREAS, the PCG shall regulate the movement of vessels, motorboats and all form of watercrafts plying the Philippine water WHEREAS, the PCG under Section 3 (m) of Republic Act No. 9993 and Rule 3 (m) of its IRR is mandated to board and inspect all types of merchant ships and watercrafts in the performance of this functions. Thus, the PCG shall conduct maritime patrols in the Philippine waters and conduct boarding procedures on all vessels, motorboats and all watercrafts or conveyances if necessary; NOW, THEREFORE, THE PCG IS HEREBY ORDERED TO PERFORM THE HEREIN ENUMERATED FUNCTIONS: 1. Safeguard the waterfront, regulate and supervise . vessels and watercrafts movements within the Philippine waters; 2. Control the movement of all vessels in seaports and harbors, whether public or private, fish ports, social and feeder ports and other places of egress and ingress in Mindanao via water transportation; 3. Designate security zones, such as, restricted and impounding areas, among others, for maritime security purposes. 4. Arrest, seize and detain persons, cargo and vessels, onboard found violating maritime security laws, rules and regulations and if applicable, detain and file the necessary charges. 5. Enforce ports and ships identification system and regulate the access to ports, vessels and waterfront facilities; 6. Inspect all cargoes to be transported in all water conveyances to prevent the transport of contrabands, including but not limited to firearms, explosives, narcotics and its precursors and derivatives, dangerous cargoes, among others; 7. Strictly enforce maritime security communications protocol to enhance detection of any threat to maritime safety and security pursuant to the existing DOTr Memorandum Circulars. Any person or water conveyance found in violation to the orders shall be arrested and the equipment be subjected to seizure in favor of the government. 8. In coordination with the concerned principal agency /ies, to apprehend, detain and investigate persons who are violating or have violated or who are suspected to have violated any criminal or special penal laws including the PCG Law and its IRR. 9. Stop and detain vessels found to have violated safety and security rules and regulations, criminal and special laws and other pertinent laws implemented by the PCG; 10. Supervise, regulate and control port police and private security guards, K9. entities, divers and underwater operations in all ports and related maritime facilities and infrastructures. 11. Set and enforce appropriate security levels in all ports in Mindanao pursuant to the provisions of International Ships and Port Security (ISPS) Code. 12, Issue arrival and departure security clearances to all vessels and water conveyances entering or leaving any port in the Philippines. As such, the Philippine Coast Guard (PCG) is designated as Captain of the Port for all intent and purposes pf this Department Order. This Department Order shall take effect immediately and shall remain in full force and effect until Martial Law in Mindanao is lifted. UR P TUGADEy retary ‘o HORNET DOTOSEE OUTGOING 106748 / / e.

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