The Department of Foreign Affairs and the Department of Transportation and Communications – Philippine Coast Guard have closely coordinated their knowledge and expertise in ensuring the full and consistent implementation by the Philippines of the international measures to secure ships and ports serving international routes against maritime terrorism. “These two agencies of the government have a key role in the uniform and consistent implementation by all Contracting Parties to the International Ship and Port Facility Security (ISPS) Code and our coordination will ensure that Philippine-flagged ships on international voyages and Philippine ports that receive export and import products are secured against maritime terrorism,” according to Mr. Alberto Encomienda, Secretary-General of the Maritime and Oceans Affairs Center (MOAC), DFA.

The DFA-MOAC and the DOTC-PCG hosted a seminar at the DFA on the ISPS Code where they identified the areas for closer cooperation in the implementation of the Code, which entered into force on 1 July 2004. Commodore Ramon C. Liwag, Jr., Chief of Staff, PCG, said “we have brought the DFA and the DOTC- PCG closer to each other and institutionalize the working relationship for the full and consistent compliance by the Philippines of the ISPS Code.” For his part, Secretary-General Encomienda stressed that “full and consistent implementation of the ISPS Code will facilitate the entry of Philippine export products to the international markets and Philippine-flagged ships with approved security plans will have unhampered sailing to their ports of destination.

The DFA and the DOTC-PCG took steps to ensure closer coordination in the submission of the Philippine reports of compliance with the ISPS Code to the International Maritime Organization (IMO) in London, which monitors the implementation by all States Parties to the ISPS Code. The Philippines has submitted its initial report of compliance to the IMO on the number of Philippine ports serving ships on international voyages and Philippine- flagged ships on international routes that have complied with the Code. The DFA and DOTC-PCG have also discussed various provisions in the Code that will require the involvement of Philippine Embassy personnel in relation to the obligations of Philippine-registered ships on international voyages and the Filipino seafarers on board such ships what are tasked with the ship security duties. “This coordination of the DFA and the DOTC-PCG is consistent with the three pillars of Philippine foreign policy, namely, national economy, national security and assistance to our Filipino workers overseas, specifically, the seafarers,” Secretary-General Encomienda said. Commodore Liwag, Jr. emphasized that the “Philippine Coast Guard will maintain its vigilance to protect Philippine ports and Philippine-flagged ships against maritime terrorism as required by the ISPS Code so that our export products promptly reach their markets aboard and our ships as well as the Filipino crewmen are able to safely sail the high seas.”

The ISPS Code is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States.

The ISPS Code is implemented through chapter XI-2 Special measures to enhance maritime security in the International Convention for the Safety of Life at Sea (SOLAS). The Code has two parts, one mandatory and one recommendatory. In essence, the Code takes the approach that ensuring the security of ships and port facilities is a risk management activity and that, to determine what security measures are appropriate, an assessment of the risks must be made in each particular case.

The purpose of the Code is to provide a standardised, consistent framework for evaluating risk, enabling Governments to offset changes in threat with changes in vulnerability for ships and port facilities through determination of appropriate security levels and corresponding security measures.

The ISPS Code is part of SOLAS so compliance is mandatory for the 148 Contracting Parties to SOLAS. The Philippines is a Contracting Party to the SOLAS, which applies to 98.4% of the world’s merchant ships by gross tonnage.

The new security requirements are part of a wider United Nations strategy for combating terrorism and should not be seen in isolation. As with all other aspects of shipping regulated through multilateral treaty instruments the effectiveness of the agreed requirements is dependant on how the relevant provisions are implemented and enforced. Thus, the matter is in the hands of Governments and the industry. If the special measures to enhance maritime security are implemented and enforced effectively, Contracting Parties will be successful in protecting ships and ports facilities from unlawful acts.

The ISPS Code requires Governments to gather and assess information with respect to security threats and exchange such information with other Contracting Governments. Shipboard and port facility personnel need to be aware of security threats and needs to report security concerns to the appropriate authorities for their assessment. Governments need to communicate security related information to ships and port facilities. Therefore, in effect Contracting Governments are talking about establishing an entirely new culture amongst those involved in the day-to-day running of the shipping and port industry.