(NAR) VOL. 29 NO. 2/ APRIL - JUNE 18
A. All persons who are allowed access to security restricted areas of an airport shall undergo complete background check prior to their deployment.V. RESPONSIBILITIES
B. Complete background checks shall be conducted on persons involved in the implementation of security controls regardless of the type of security access permits.
C. Complete background check shall cover all aspects of applicant’s employment and criminal-history, if any.
D. Complete background check shall be required for new applicants and those existing employees who have not yet undergone complete background investigation.
E. Airport and aircraft operators shall include in their respective ASP’s and
AOSP’s procedures for the conduct of background check.
1. Establish a database of background checks of all persons or entity seeking access to the airport security restricted areas to aid in the conduct of risk assessment and quality control activities.B. AIRPORT OPERATOR AND AGENTS shall:
2. Require airport and aircraft operators to submit results of background check using standard format found in Annex “A”.
3. Review all background checks submitted pursuant to Section A.2.
4. Provide airport and aircraft operators with regular Transport Security Alert Advisories based on Threat and Vulnerability Assessment to determine additional background checks to be undertaken.
5. Exercise oversight function over, including unrestricted access to, all records of authorities issuing access permits, airport operators, aircraft operators, agents and other persons seeking access to security restricted areas in relation to the conduct of background checks.
1. Develop, establish, and implement an ASP at each airport and related facilities for approval by OTS.C. AIRCRAFT OPERATORS AND AGENTS shall:
2. Develop, establish, and implement a pass control management system requiring mandatory background check on all persons having access to security restricted area.
3. Establish an office responsible for the conduct of background check.
4. Ensure the conduct of partial background checks at least once every six
(6) months to ensure that the individual still meets the requirement.
5. Maintain a database of background checks for a period of five (5) years.
6. Furnish OTS copies of the results of all background checks and list of all personnel granted access to security restricted areas.
1. Ensure that their personnel are subjected to background check.VI. GUIDELINES
2. Ensure that their contracted agents conduct pre-employment complete background check and issue oath of undertaking for this purpose.
3. Ensure employees have received appropriate security awareness training.
4. Maintain a database of background checks for a period of five (5) years.
5. Furnish OTS copies of the results of all background checks and list of all personnel granted access to security restricted areas.
A. All authorities issuing access permits, airport and aircraft operators shall verify applicant’s:VII. MISCELLANEOUS PROVISIONS
1. Identity, by means of a passport, birth certificate, social security number, etc.
2. Trustworthiness and capacity to work unescorted within a security restricted area, by means of a check of criminal history and, depending on the specific function to be performed, other personal circumstances or behavior that could forewarn of danger; and
3. Place of residence during the previous five years, and the dates, names, telephone numbers and addresses of previous employers or schools attended during this period, with explanations for any gaps in employment of more than one month.
B. Background checks may only review lawfully accessible information.
Furthermore, prior to conducting a background check, written consent shall be obtained from the access permit applicant. At the same time, it should be made clear to the applicant that failure to give consent to a background check shall result in rejection of the application.
C. All companies and organizations at the airport shall vouch for the valid requirement for each access permit prior to its issuance to an employee. It is the employer’s responsibility to complete adequate pre-employment checks or other inquiries to ensure that the individual concerned does not pose a potential threat to civil aviation operations/aviation security. Permits should not be issued without such guarantees.
D. An access permit should not be issued if, during the performance of a background check, it is determined that the applicant was convicted of crime against moral turpitude.
E. Applicants for jobs implementing security controls (such as personnel controlling access to and searching security restricted areas and aircraft, issuing identification permits to persons or for vehicle, or managing/supervising any persons performing these functions) shall undergo complete background check.
F. Gaps in an applicant’s personal or employment history shall be determined.
When it is not possible to check the continuous criminal history or experience of an applicant over the defined period, verification of the person’s suitability to hold an access permit should be sought from alternative sources.
G. Responsibility for issuing access permits remains with the authority issuing permits and due care and discretion should be exercised in examining information. Before issuing an access permit, the issuing authority should be fully satisfied of the applicant’s suitability as a holder.
H. After making every effort to obtain information, if the applicant’s identity and previous experience, including criminal history, cannot be verified, the individual should be regarded as unsuitable for an access permit.
A. Construction - The provisions herein shall be liberally construed in order to promote civil aviation security objectives.
B. Reservation - Nothing herein shall be construed as precluding OTS, through its Administrator, from enforcing the provisions enunciated herein and in prescribing other requirements to meet the constantly evolving challenges in civil aviation security.
C. 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.
D. Repeal - All OTS orders, rules, regulations and issuances, or parts hereof, which are inconsistent with this circular are hereby repealed or modified accordingly.
E. 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 in full force and effect.
F. Effectivity - This memorandum circular shall take effect immediately. A copy of this circular shall be deposited with the University of the Philippines Law Center in compliance with Revised Administrative Code.