(NAR) VOL. 18 NO. 1/JANUARY - MARCH 2007

[ OTS TRANSPORT SECURITY REGULATION NO. 009-2006 MARSS/CASS/LARSS, October 23, 2006 ]

OTS K9-EDEC; SELECTION AND DEPLOYMENT



Pursuant to Executive Order No. 277 and Executive Order No. 311 and its Implementing Rules & Regulation (IRR) and Sections 4.5.1 and 4.5.2 in the Amendment 10 of the International Civil Aviation Organization (ICAO) Annex 17, this is to define the security criteria, standards and procedures for the explosive detection and evaluation of bomb sniffing canines in all airport, seaport, rail/land terminal complexes elsewhere.

RULE I

Section 1. Declaration of Policy- To enhance and augment public security, a K-9 Explosive Detection Evaluation Committee (K-9 EDEC) is hereby organized to supervise bomb sniffing canines in all airport, seaport, rail/land terminals/complexes elsewhere in the country as designated by the Office for Transportation Security (OTS). The use of canine by law enforcement and private security agencies in the war against terrorism has gained public recognition and confidence as a cost effective and reliable tool in detecting explosives.

Section 2. Legal Basis & Purpose- Executive Order No. 277 as amended by Executive Order No. 311, Designating the Office for Transportation Security (OTS) as the single authority responsible for the security of the transportation systems of the country.

Section 3. Coverage, Application and Scope- This regulation applies to all airport, seaport & port facility, rail/land terminal elsewhere; Also, it applies to all personnel/ agencies that exercises or undertakes transportation security operations, including but not limited to security screening of sea, air & land vehicles, passengers, baggage, cargoes and others as the case maybe and/or as determined by the Administrator of the OTS.


RULE II
K-9 Explosive Detection Evaluation Committee (EDEC)


Section 4. Canine Explosive Detection Evaluation Committee (EDEC) – A Canine Explosive Detection Evaluation Committee (now and hereinafter referred to as K-9 EDEC) is hereby created, and is solely responsible for the formulation of guidelines, procedures, and standards in the deployment and handling of accredited canines in all airport, seaport, and rail/land terminal complexes in the country for explosive/bomb detection purposes.

Section 5. Organization – The OTS K-9 EDEC shall consist of the following; the OTS Deputy Administrator as Chairman, and as members; the Director for OTS-CASS or authorized representative designate; the Director for OTS-MARSS or authorized representative designate; the Director for OTS-LARSS or authorized representative designate; and the Director for Legal, Policy Research & Adjudication Service or authorized representative designate.

Section 6. Technical Evaluation Group – A Technical Evaluation Group (TEG) is hereby created to assist the K-9 EDEC which shall be composed of President of Philippine Utility Dogs Association (PUDA) and representatives from the K-9 Units of Philippine National Police-Aviation Security Group (PNP-ASG), Philippine Coast Guard (PCG), National Capital Region Police Office-Regional Special Action Unit (NCRPO-RSAU), Philippine Air Force (PAF), and Presidential Security Group (PSG). The Chair is to be designated by the OTS Administrator from its composition.

RULE III
Powers & Functions of K-9 EDEC

Section 7. Powers and Functions of OTS K-9 EDEC-

7.1
Screen, examine and ensure that Explosive Detector Dog (EDD) Teams to be employed and or deployed are properly trained, highly efficient, duly certified by accredited institutions and reliable. An EDD Team refers to a one dog-one handler team.
7.2
Promote public confidence and trust in the deployment of bomb sniffing canines.
7.3
Standardize criteria in the evaluation of canine (K-9) Teams.
7.4
Certify K-9 Teams as to their reliability and effectiveness in the conduct of bomb searches.
7.5
Establish K-9 explosive detection quality control standards for explosive detector canines to be deployed in airports, seaports, and rail/land terminals/complexes elsewhere as directed by OTS.
7.6
Conduct test and determine the efficiency of every explosive detector canine based on standards or benchmark and thereafter cause the approval and issuance of the proper Certificate of Efficiency (CE) for each explosive detector K-9 Team that has satisfactorily passed the quality control standards.
7.7
Keep all necessary canine documentation/registration and identification papers.
7.8
Ascertain that only certified explosive detector canine shall be deployed in all vital installation, infrastructure and commercial establishment. A duly issued certificate of efficiency shall be cancelled by the OTS Administrator on recommendation of the K-9 EDEC chairman upon failure by the explosive detector K-9 Team to pass the quality control standard audit or testing.
7.9
Maintain a roster of K-9 teams that have been certified by the Committee and monitor their activities to ensure that they comply with the conditions set forth in their accreditation.
7.10
Identify and maintain roster of units/agencies that utilizes explosive detector dogs owned by private agencies.
7.11
Identify, inspect & accredit K-9 training facilities to determine whether these facilities conform to the basic training program which encompasses the knowledge and skills necessary for an explosive detector dog team.
7.12
Formulate policies to promote its mandated functions.
7.13
Cancel the certification of any K-9 team for just cause and when standards are not complied.
7.14
Act on reports of irregularities or inefficiencies of K-9 teams, training facilities and personnel of K-9 units that may compromise transportation security.
7.15
Implement a uniform training & evaluation standards throughout the country.
7.16
Perform such other acts to safeguard the welfare of the Committee and as directed by the OTS Administrator.


RULE IV
Principles and Policies

Section 8. Governing Principles and Policies –

8.1
All explosive detector dogs that are being utilized whether organic canine of OTS, rented or volunteered by private entities must be certified by the K-9 EDEC before being commissioned for transportation security assignment.
8. 2
Periodic and clandestine check shall be conducted to all K-9 Teams to determine their proficiency and reliability. Annual accreditation certification shall however be conducted to assure efficiency and reliability in the canines.
8.3
The K-9 EDEC must have a pool of professionals and qualified evaluators to conduct evaluation of K-9 Teams and their canines.


RULE V

Section 9. Construction
– These rules shall be liberally construed in order to promote its security objectives.

Section 10. Reservation – Nothing herein shall be construed as precluding OTS through the Administrator from enforcing these rules in conducting inspection, investigation, evaluation, assessment and audit of the activities enunciated herein, and in prescribing other requirements to meet the constantly evolving challenges in transport security administration.

Section 11. Separability – If any provision or section of these rules is declared null and void by competent authority, the other stays and are not affected and shall remain in full force and effect.

Section 12. Effectivity – This Transport Security Regulation shall take effect immediately after publication in a newspaper of general circulation.

Adopted: 23 October 2006

(SGD.) USEC. CECILIO R. PENILLA
Administrator Office for Transportation Security

Approved by:

(SGD.) HON. LEANDRO R. MENDOZA
Secretary
Department of Transportation and Communications


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