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Adopted: 1 May 2015
Date Filed: 28 July 2015
Pursuant to E.O. No. 277 as amended by E.O. No. 311, in reference to “Annex  A” thereof otherwise known as the National Civil Aviation Security Program (NCASP), in compliance with the ICAO standards and recommended practices (SARPS) provided in Chapter 3, paragraph 3.1.1 and 3.1.2 of Annex 17 (ICAO Convention), this office as the Appropriate Authority, and pursuant to Executive Order 292 otherwise known as the Administrative Code of the Philippines, hereby adopts and issues this clarification and guidance:

I. RATIONALE AND OBJECTIVE

This memorandum circular clarifies and updates for effective and efficient implementation the National Civil Aviation Security Program (NCASP) as adopted and approved by the President pursuant to Executive Order #277 by incorporating ICAO convention updating amendments to the standards and recommended practices (SARPS) of Annex 17 (Security) to the ICAO Convention by the issuance of needed revising editions.

II. COVERAGE

This will cover the NCASP (2004) and its updating editions, incorporating the amendments to Annex 17 (ICAO) for update in accordance with the Convention.

III. GUIDANCE

III.a. Annex 17 (security) to the International Civil Aviation Organization (ICAO) Convention and all its amendments are part of the law of the land and has the force of a domestic law by way of incorporation (Sec 2, Article 11, 1987 Constitution; Chap 2, Title 1, Book III of the Admin Code of 1987 [EO292]; DOJ Opinion, dated 22 September 2014, LML-L-22I14-1282).

III.b. The President pursuant to section 1 of Executive Order no. 277 approved and adopted the National Civil Aviation Security Program (NCASP, herein TAB 1) under his Ordinance power. Corollary thereto, specifically Sec. 4 of the law mandated the National Civil Aviation Security Committee (NCASC) to implement and maintain the NCASP.

III.c. Executive Order No. 311 amended Executive Order No. 277 and transferred to the Office for Transportation Security (OTS) the power and responsibility of maintaining and implementing the NCASP, including Annex 17 to the ICAO Convention (Chicago Convention), commonly referred to as the Standards and Recommended Practices on Security as further enumerated/clarified in the Security Manual for Safeguarding International Civil Aviation Against Acts of Unlawful Interference (Document 8973 [Sec. 1 and 2, EO 311]).

III.d. Mandated to maintain and implement the NCASP and considering the need to incorporate amendatory revisions to Annex 17 (ICAO Convention), OTS issued the First (1^st ) revised edition (TAB 2) of the NCASP to conform with the ICAO CASP-AP recommendation in accordance with Doc 8973 - Restricted, Appendix 1, Annex 17 and comply with Amendment 11 (Annex 17 of the ICAO Chicago Convention). This edition harmonizes the common interpretation by Contracting States and their ease of auditing under ICAO Universal Security Audit Program (USAP) and addresses the following: Applicability of Annex 17; Reinforcement of NCASP; In-Flight Security Officers (IFSOs); General Aviation and aerial work; One-stop security concept to passengers and baggage; Risk assessment concept; Security for all-cargo operations; and supplemental definitions.

III.e. The Second (2^nd) revised edition (TAB 3) of the NCASP was issued on February 6, 2009 pursuant to the transfer of the security screening officers (SSOs) from the Department of Interior and Local Government (DILG) to OTS- DOTC and the need for OTS supervisors to supervise the transferred SSO’s that used to be supervised by the Philippine National Police - Aviation Security Group (PNP-AVSEGROUP).

III.f. The Third (3^rd) revised edition (TAB 4) of the NCASP was issued to incorporate Amendments 12, 13 and 14 of Annex 17, specifically the following: a) Amendment 12 - Deployment of security equipment; security of air traffic service providers; training programs and instructors certification system; random and unpredictable security measures; supply chain security; security for all-cargo operations; cyber threats; and definitions; b) Amendment 13 - Revision to access control measures with respect to persons other than passengers. The amendment also introduces a definition of air cargo and security requirements for transfer cargo and high-risk cargo and establishes common baseline measures for cargo carried on passenger and all-cargo aircraft; c) Amendment 14 - Definition of unpredictability in relation to the implementation of security controls. It also includes a new standard on appropriate screening methods for cargo and mail, and new Recommended Practices on international cooperation, landside security, security awareness training, oversight of external security providers, and critical information and communications technology systems.

III.g. The National Civil Aviation Security Program (NCASP) is a dynamic document maintained and sustained by OTS as mandated by law and is responsible for the security of the civil aviation in the country by ensuring our compliance with ICAO treaty obligations. NCASP revised and updating editions will be issued periodically to maintain, sustain and update the Program for efficacy and efficiency (EO#311).

IV. MISCELLANEOUS PROVISIONS

1. Construction – The provisions herein shall be liberally construed in order to promote civil aviation security objectives.
   
2. Reservation – Nothing herein shall be construed as precluding OTS, through its Administrator, from implementing the provisions enunciated herein and in prescribing other requirements to meet the constantly evolving challenges in civil aviation security.
   
3. Amendments – Nothing in this circular shall restrict the authority of OTS, through its Administrator, to modify, amend or repeal any provision of the circular through subsequent issuances.
   
4. Repeal – All orders, rules, regulations and issuances, or parts hereof, which are inconsistent with this Memorandum Circular are hereby repealed or modified accordingly.
   
5. Separability – If any provision or section of these rules is declared null and void by competent authority, the remaining provisions shall not be affected and shall remain full force and effect.
   
6. Effectivity – The memorandum circular shall take effect fifteen (15) days after its publication in the Official Gazette or newspaper of general circulation. A copy of this circular shall be deposited with the University of the  Philippines Law Center in compliance with Revised Administrative Code.
   

(SGD) COMMO ROLAND S RECOMONO AFT (RET)
Administrator