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NATIONAL COAST WATCH SYSTEM CORE

NATIONAL COAST WATCH SYSTEM CORE MANUAL

2015

NATIONAL COAST WATCH SYSTEM

vii

Amendment Certificate 1. Proposals for amendment or additions to the text of this manual be made through normal channels to the primary proponent, the National Coast Watch Council Secretariat. 2. It is certified that the amendment promulgated in the under-mentioned amendment list have been made in this manual.

Amendment List

Amended by

(Printed Name and Initials) Date of

Amendment Number Date

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

viii

Recommendation for Amendments

___________________________________ _______________________________

(Originating Agency)

____________________ (Date)

Subject: Recommendation for Changes To: __________________________ __________________________

The following recommendation/s is/are submitted for improvement of

___________________________________________________ (Long Title)

____________________

(Short Title)

____________________

(Page) ____________________

(Article Para No.) ____________________

(Line Sentence)

____________________ (Figure No.)

___________________________________________________ ___________________________________________________

(Comment/s) Recommendation:

____________________ (Signature)

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TABLE OF CONTENTS

Executive Order No. 57 i Amendment Certificate vii Recommendation for Amendments viii Table of Contents ix

INTRODUCTION

Introduction ............................................................................................................ 1 Mission, Vision and Mandate.................................................................................. 3 Organs of the System ............................................................................................... 4 Scope of Concerns ................................................................................................... 5 Framework of the System........................................................................................ 6

TITLE ONE

Implementing Guidelines Rules and Regulations (IGRR) For E.O. 57 General Provisions ................................................................................................. 8 The National Coast Watch Council ....................................................................... 12 The National Coast Watch Council Secretariat ................................................... 20 The National Coast Watch Center ......................................................................... 26 Allocation and Management of Resources ........................................................... 32 Other Provisions .................................................................................................... 34 IGRR Annex A: Maritime Security Operational Framework ............................... 36 IGRR Annex B: Concept of Operations ................................................................. 37

TITLE TWO

Concept of Operations for the National Coast Watch Center Introduction ......................................................................................................... 38 Purpose ................................................................................................................. 38 Mission and Purpose of the Center ....................................................................... 39 Functions. .............................................................................................................. 39 Method. .................................................................................................................. 41 End State. .............................................................................................................. 41 Fundamental Tasks ............................................................................................... 41 Surveillance. ....................................................................................................... 41 Maritime Domain Awareness. ........................................................................... 41 Planning and Coordination. ............................................................................... 42 Detection, Response and Recovery.................................................................... 43

Execution. .............................................................................................................. 43 Organizational Structure: Center and RCCs ..................................................... 43 Incident Management Concept ......................................................................... 45 Methodology for Support to Prosecution of Offenders ..................................... 47 Inter-Agency Command, Control, and/or Coordination Concept. ................... 47

x

Regional and International Engagement. ......................................................... 50 Conclusion. ........................................................................................................... 52 CONOPS Annex B: Organizational Structure: Center and its RCCs. .................. 53

TITLE THREE

Unified Protocol on Maritime Actions Purpose ................................................................................................................. 55 Applicability .......................................................................................................... 55 Responsibilities. .................................................................................................... 55 Security Classification. ......................................................................................... 55 General Considerations ........................................................................................ 56 Conduct of Surveillance, Approach, and Interrogation of Vessels. ..................... 67 Maritime Interdiction Operations. ................................................................... 67 Surveillance. ...................................................................................................... 68 Approaching the CCOI ...................................................................................... 69 Interrogation Procedures .................................................................................. 69 Diversion Procedures. ....................................................................................... 72 Stopping Procedures. ........................................................................................ 72 Distress Calls. .................................................................................................... 73 Documenting pursuit, boarding, search and seizure ........................................ 73

General Guidelines on the Use of Force ................................................................ 75 Tables ................................................................................................................. 86

Processing of Seized Vessels or Goods and Persons in Care or Custody .............. 91 Inspection of Vessels .......................................................................................... 91 Inspection of Personnel..................................................................................... 92 Apprehension of Vessels ................................................................................... 92 Apprehension of Personnel ............................................................................... 92 Handover ........................................................................................................... 95

Effective Date. ....................................................................................................... 96

TITLE FOUR Maritime Information Sharing Protocol

References ............................................................................................................. 98 Background ........................................................................................................... 98 Purpose ................................................................................................................. 99 Definition of Terms ............................................................................................... 99 Guiding Principle for Information Sharing ........................................................ 100 General Policies and Procedures ........................................................................ 100 Method for Reporting ...................................................................................... 102 Method for Transmitting Information ............................................................ 103

Roles and Responsibilities .............................................................................. 103 Security ................................................................................................................ 105 Rescission ........................................................................................................... 106 Effectivity ............................................................................................................ 106

xi

Information Sharing Annex A: Framework . ...................................................... 106 Information Sharing Annex B: Information Flow Process . ............................... 107 Information Sharing Annex C: Stakeholders Matrix . ........................................ 108

TITLE FIVE

National Plan for Maritime Capability Development Executive Summary .............................................................................................. 111 Introduction ........................................................................................................ 112 Maritime Operating Environment ...................................................................... 113 Inter-Agency Core Capabilities ........................................................................... 118 Policy Guidance ................................................................................................... 122 Development Approaches ................................................................................... 122 Planning Requirements ....................................................................................... 129 Capability Development Endstate ...................................................................... 130

LIST OF ANNEXES

IGRR Annex A: Maritime Security Operational Framework ............................... 36 IGRR Annex B: Concept of Operations ................................................................. 37 CONOPS Annex B: Organizational Structure: Center and its RCCs. ................... 53 CONOPS Annex C: Information Sharing Protocol ............................................... 97 CONOPS Annex D: Unified Protocol on Maritime Actions. ................................. 54 Information Sharing Annex A: Framework . ...................................................... 106 Information Sharing Annex B: Information Flow Process . ............................... 107 Information Sharing Annex C: Stakeholders Matrix . ........................................ 108

National Coast Watch System Core Manual | 1

INTRODUCTION The National Coast Watch System is the central inter-agency mechanism for a coordinated and coherent approach on national maritime issues and maritime security operations towards enhancing governance in the country’s maritime domain. The System is composed of the National Coast Watch Council (Council) which is the central inter-agency body that provides strategic direction and formulates and promulgates policy guidelines for the National Coast Watch Center (Center), the National Coast Watch Council Secretariat (Secretariat) that provides technical and administrative support to the Council and the Center, which is the principal organ that implements and coordinates maritime security operations in the Philippines. This manual with its five (5) titles discusses how the mechanism of the System operates for the implementation of a whole of government approach and address maritime concerns and issues. Title One is the approved Implementing Guidelines Rules and Regulations of Executive Order No. 57 as seen in its six (6) Chapters. It gives an overview as to how each of the components of System functions in line with their objectives towards addressing maritime issues and concerns. Title Two provides a comprehensive view of the Concept of Operations of the National Coast Watch Center. Title Three talks about the Unified Protocol on Maritime Actions which provides guidelines in establishing the general and specific considerations in planning and conducting maritime response operations as well as prescribe the national policy on rules security operations and for military personnel during operations in support of maritime law enforcement Title Four deals with the Maritime Information Sharing Protocol which aims to promote guidelines and procedures for the conduct of information

2 | National Coast Watch System Core Manual

sharing among member and support agencies of the National Coast Watch System. And finally, Title Five lays down a common understanding and direction of the System’s inter-agency capability development. It shows the capacity and capability build-up of the Center and that of agencies supporting the Center for the realization of a Capability that will lead toward our vision of becoming global leading maritime nation.


MISSION “To perform as the central inter-agency mechanism for a coordinated and coherent approach on maritime issues and maritime security operations in order to enhance governance of Philippine maritime and ocean interests.”

VISION

“To be a Global Leading Maritime Nation”

MANDATE Central inter-agency mechanism for a coordinated and coherent approach on maritime issues and maritime security operations

towards enhancing governance in the country’s maritime domain

- EO 57 s. 2011, Section 1


ORGANS OF THE SYSTEM


SCOPE OF CONCERNS


NCWS COORDINATED INTERAGENCY APPROACH TO EFFECTIVE GOVERNANCE AND

DEVELOPMENT OF MARITIME AND OCEAN INTERESTS FRAMEWORK


TITLE ONE

IMPLEMENTING GUIDELINES, RULES AND REGULATIONS FOR

EXECUTIVE ORDER NO. 57


CHAPTER ONE General Provisions

Section 1. Title. These Rules shall be known and cited as the Implementing Guidelines, Rules and Regulations (IGRR) of Executive Order No. 57 (Establishing a National Coast Watch System). Section 2. Purpose. These Rules are hereby promulgated pursuant to Section 3 of EO 57 in order to prescribe the procedures and guidelines for its implementation, to facilitate compliance therewith, and to achieve the objectives thereof.

Section 3. Interpretation Clause. These Rules shall be liberally construed to promote the role of the National Coast Watch System (NCWS) as the central inter-agency mechanism for a coordinated and coherent approach on national maritime issues and maritime security operations towards enhancement of the governance of the country’s maritime domain.

Section 4. Declaration of Policy. In the implementation of EO 57, the following national policy shall be adopted: A. It is the policy of the State to safeguard the integrity of its territory

and the well-being of its citizenry. The Philippines being an archipelagic and maritime nation needs to exercise its sovereignty and or sovereign rights, as well as fulfil its corresponding obligations over each and every part of its maritime jurisdiction. Its security and prosperity is dependent upon its ability to safely and securely use the waters in and around the archipelago.

B. Maritime security is a key component of the national security. One of the Government of the Philippines’ national security objectives is “to enable the Philippines to exercise full sovereignty over its territory and to provide protection to its maritime interests”.


C. The mandate that governs the maritime security is shared among various governmental agencies and best achieved by harmonizing public and private maritime security efforts in a national scale to address all threats in the maritime environment. The NCWS shall harmonize efforts leading to a collaborative arrangement for the Philippine maritime domain that will align all national government maritime security programs and initiatives in a comprehensive and cohesive national effort that will involve a host of concerned governmental agencies from national, regional and local levels; the private sector entities, and the entire Filipino nation in general.

Section 5. Guiding Principles for Implementation. These Rules declare the following as guiding principles:

A. The National Coast Watch Council shall be responsible both in the

policy review and formulation relative to maritime domain management, governance and security, as well as ensuring the implementation and compliance with national marine policies, plans and programs.

B. The Philippine response to threats to maritime security must involve a “whole of nation” approach and must cover the spectrum from diplomacy, to law enforcement, and to defense and military actions.

C. The NCWS strategies, plans and programs must address different aspects in the full spectrum of maritime security such that they are mutually linked and reinforcing, and would represent a comprehensive national effort to enhance the security of the country. All strategies, plans and programs must not be contrary to nor alter existing constitutional and statutory authorities and responsibilities of the government department and agency heads to carry out respective missions and functions as well as to provide and receive information.

D. The NCWS must ensure that maritime stakeholders at all levels of government and at all sectors of society will understand what they can


do to help, how they can collaborate to do it, and pursue the protection of collective national maritime interest.

E. Unity of Effort. NCWS to be effective requires coordinated effort within and among the different stakeholders, including public and private sector organizations, and international partners. Unity of effort is required across all the spectrum of NCWS concerns, from ensuring information sharing and maritime domain awareness, to informed and shared planning and decision making, and finally to coordinated and collaborative responses and initiatives.

Section 6. Non-Diminution of Mandates. Nothing in this IGRR shall diminish the mandates, functions and responsibilities of the member, support, and other concerned agencies. Within the NCWS framework, member, support, and other concerned agencies shall discharge their specific mandates through or in conjunction with the policy of the Council and the action of the National Coast Watch Center. Section 7. Definition of Terms. For purposes of these Rules, the terms shall be defined as follows:

A. Maritime Law - or Admiralty Law refers to the body of private international law that exclusively governs activities at sea and in navigable waters.

B. Oceans Law- or Law of the Sea refers to a body of public international law that concerns the principles and laws by which States interact regarding maritime affairs.

C. Maritime Security - refers to a state wherein the country’s marine assets, maritime practices, territorial integrity, and coastal peace and order are protected, conserved, and enhanced. The concept of maritime security is all encompassing to include military, economic, environmental, and political concerns.


D. Maritime Domain -pertains to all areas and things of, on, under, relating to, adjacent to, or bordering on an ocean, sea, or other bodies of water, including all maritime related activities, infrastructure, people, cargo, and vessels and other conveyances. For the Philippines, maritime domain includes the maritime zones such as internal waters, archipelagic waters, territorial sea, Exclusive Economic Zone (EEZ) and continental shelves.

E. Maritime Domain Awareness - is the effective understanding of anything associated with the maritime domain that could impact the sovereignty and sovereign rights, security, safety, economy, or environment of the country.

F. National Maritime Community of Interest (NMCOI) includes, among other interests, the national and local departments and agencies with responsibilities in the maritime domain. Because certain risks and interests are common to government, business, and citizen alike, community membership also includes public, private and commercial stakeholders, as well as foreign governments and international stakeholders.

G. National Coast Watch System is the overall management system for all maritime and ocean concerns from the policy development activities of the Council and implementation at the operational and tactical levels by the Center.

H. Maritime Intelligence (MI) is the product of existing as well as changing intelligence capabilities, policies and operational relationships used to integrate all available data, information and intelligence in order to identify, locate, and track potential threats to maritime interests. It provides accurate, relevant and collaborated maritime threat information to operational and law enforcement entities, supporting a variety of tactical, operational, and strategic requirements.


I. Maritime Situational Awareness (MSA) is the comprehensive fusion of data from every agency to improve knowledge of the maritime domain. MSA results from persistent monitoring of maritime activities in such a way that trends can be identified and anomalies detected. It is a layered picture of the current state and trends that includes information pertaining to MDA pillars (vessels, cargo, people, infrastructure, maritime traffic and islands) and related economic and environmental issues.

CHAPTER TWO

The National Coast Watch Council Section 1. National Coast Watch Council. The National Coast Watch Council, hereinafter referred to as the “Council”, is the central inter-agency body which shall provide strategic direction and formulate and promulgate policy guidelines for the NCWS. Section 2. Functions. The Council shall have the following functions:

A. Policy Direction and Coordination

1. Provide strategic direction and policy guidelines for NCWS maritime domain awareness and maritime security operations, as well as multinational and cross-border cooperation on maritime security;

2. Recommend to the President policies and procedures in managing and securing the country’s maritime domain, as well as the issuance of administrative rules and regulations to enhance maritime domain awareness and maritime security operations in the Philippines;

3. Harmonize and coordinate the roles and relationships of

different government agencies, pursuant to their mandates,


relative to the policy direction of maritime security and governance framework as may be determined by the Council;

4. Exercise overall jurisdiction and direction over policy-

formulation, implementation and coordination with other government agencies, experts and organizations, both foreign and local, on all maritime issues affecting the country;

5. Provide the President and national security leaders

recommendations to update strategic-level guidance, policies and standards to promote information and intelligence sharing across a wide range of domestic and international maritime stakeholders;

6. Provide the policy framework for inter-agency data

management and archiving to support fusion of information and intelligence data on maritime and ocean concerns;

7. To formulate and recommend a national maritime policy to the

President;

8. To coordinate the implementation of such policy and periodically evaluate and refine it as necessary;

9. To identify and develop policy options in implementing

international agreements on the oceans, as well as non-binding instruments, to which the Philippines is a party or signatory;

10. To recommend policies, programs, and special projects

necessary to advance the national interest and fulfil international commitments relative to the sustainable use of ocean resources and marine environmental protection;


11. To formulate programs, coordinate and/or undertake activities to promote the archipelagic consciousness in the country especially among the coastal communities.

B. Review and Oversight

1. Harmonize capability plans and fund requirements in relation

to maritime domain awareness, maritime zones management and maritime threat response operations;

2. Provide the oversight functions for all undertaking related to maritime domain awareness and maritime security, and issue clear intelligence and information sharing policies, protocols, and standards to allow individual agencies and partners to collaborate fully and broadly share information;

3. Establish processes and protocols for integrating capability

across organizations including trainings, exercises, and experiments, and provide a venue for the resolution of cross-jurisdictional issues, including intelligence, information sharing and operational disputes;

4. To formulate and recommend programs, and special projects to

enhance the integrated and coordinated management of the maritime and oceans interests of the Philippines, particularly in:

i. Ensuring the safety and security of lives and property at

sea, promoting good order at sea, and the development of national capabilities to protect its marine resources;

ii. The protection, conservation, and preservation of the marine environment and ocean resources through the proper management of human activities within its maritime jurisdiction;


iii. The development and promotion of Philippine interests in shipping, seafaring, fishing, extraction of mineral and energy resources, and other ocean-based industries.

C. Administration and Reporting

1. Conduct periodic review of maritime domain awareness and

maritime security operations and render periodic reports to the President and the National Security Council (NSC);

2. Convene or dissolve, as the need arises, inter-agency committees and/or working groups to assist the Council in the performance of its functions;

3. Enlist and/or require the support and/or assistance of any department, bureau or agency of the government in the pursuit of its mandates and functions as it relates to maritime domain awareness and maritime security operations;

4. Promulgate rules and regulations as may be necessary for the

Council to perform its mandate under this IGRR; and

5. Perform such other functions as may be deemed necessary by the Chairperson for the effective discharge of its mandate or as may be directed by the President.

Section 3. Organization of the Council

A. The Executive Secretary shall serve as the Chairperson of the Council.

B. The following heads of government agencies shall be the regular members of the Council:

1. Secretary of Agriculture 2. Secretary of Energy


3. Secretary of Environment and Natural Resources 4. Secretary of Finance 5. Secretary of Foreign Affairs 6. Secretary of Interior and Local Government 7. Secretary of Justice 8. Secretary of National Defense 9. Secretary of Transportation and Communications

C. The National Security Adviser may be invited by the Council to

attend its meetings and/or requested to provide technical support as the need arises.

D. A regular member of the Council may, in his absence, appoint a permanent representative with the rank of Undersecretary to participate in his behalf.

E. The Council may constitute itself into such permanent or ad-hoc sub-committees as may be necessary to respond to special and specific issues or problems, and, to this end, formulate such rules of procedures and/or Terms of References to govern the activities of such permanent or ad-hoc sub-committees.

F. There is hereby created an Executive Committee, hereafter referred to as the EXECOM, consisting of permanent representatives of each of the members of the Council with the rank of Assistant Secretary as regular members and such other officials of the support and concerned agencies:

1. Functions of the EXECOM. The EXECOM shall have the

following functions:

i. To oversee the implementation of the decisions and policies set by the Council;


ii. To formulate, deliberate, and recommend decisions, policies, projects, and programs with respect to the maritime and ocean affairs of the country, for consideration of the Council;

iii. To coordinate the activities of all concerned agencies in the

implementation of international agreements on the maritime and ocean affairs, as well as non-binding instruments, to which the Philippines is a party or signatory; and

iv. Formulate and recommend positions and strategies for

maritime boundary delimitation, as well as maritime disputes management, and other international maritime and ocean agreements.

Section 4. Meetings of the Council

A. Frequency of Meetings.

1. The Council shall meet at least twice a year, or as necessary to

discharge its functions and responsibilities.

2. The EXECOM shall meet at least once a month, or as necessary to discharge its functions and responsibilities.

3. Any permanent or ad-hoc sub-committees shall meet in

accordance with the Council-approved Terms of Reference or as frequently as necessary to expeditiously discharge its tasks.

B. Quorum. The presence of simple majority of all the members of the

Council or their duly authorized representatives shall constitute a quorum, which shall be necessary for the transaction of any business. The same procedure for determining quorum applies to the EXECOM, permanent and ad-hoc subcommittees.


C. Presiding Officer at Meetings

1. The Chairperson shall preside over the regular and special meetings of the Council.

2. The Executive Director of the Secretariat of the Council shall preside over the meetings of the EXECOM.

Section 5. Decision-Making by the Council

A. Consensus-Based Decision Making. The Council, EXECOM, and

permanent and/or ad-hoc sub-committee shall adopt a consensus-based decision making process. Consensus is understood as agreement by a majority of the members of the Council without objection from any of the other members. The Council, EXECOM, and permanent and/or ad-hoc subcommittee is expected to address any and all issues raised against a proposal through consultations.

B. Decisions During Meetings. The affirmative support of a simple majority of the members present in a quorum shall be adequate for the approval of any resolution, decision or order, except when the Council shall otherwise agree that a greater vote is required. Provided, that no objection has been raised by any other member of the Council.

C. Council Resolutions. The Council shall formulate and promulgate resolutions on policies, rules and regulations to enhance the governance of Philippine maritime and ocean interests.

Section 6. Reports

A. The Council shall render periodic reports or other reports as

necessary to the President and to the National Security Council relative to maritime security situation.


B. The Presiding Officer of the EXECOM shall render report on its activities and recommendations during the regular Council meeting.

C. The Presiding Officer of the EXECOM shall render a report to the members of the Council the results of its regular and other meetings.

D. The permanent and/or ad-hoc sub-committees shall render periodic reports to the Council, through the Council Secretariat.

Section 7. Relationships with Other Agencies and Inter-Agency

Bodies

A. As prescribed under Section 3(a) of Executive Order 82 s. 2012 (Establishing the National and Local Crisis Management Organizations), the Chairperson shall assume the role of lead Crisis Manager or Cabinet-Officer Primarily Responsible of the National Crisis Management Committee for human induced maritime crisis or disasters. In the fulfilment of such mandate, the Chairperson shall immediately convene the Council to address the situation.

B. In cases of crisis from natural calamities and disasters at sea, the Council shall provide support to the National Disaster Risk Reduction and Management Council (NDRRMC). It may provide guidance to the Center to provide relevant information, situation updates, and assessments and/or coordinate appropriate response to support the NDRRMC.

C. As the maritime security situation escalates from law enforcement to a defense crisis, management of the operations will be handed over to the National Security Council in its capacity as the Executive Committee/National Crisis Management Committee (EXECOM/NCMC), which serves as the highest policy and decision-making body in the management of human-induced crises at the national level, as mandated under EO 82.


D. The Council shall provide oversight over all bilateral border committees established by bilateral agreements and shall issue appropriate guidelines for the conduct of cross-border maritime security operations.

CHAPTER THREE

The National Coast Watch Council Secretariat

Section 1. The National Coast Watch Council Secretariat, hereafter referred to as the Secretariat, is established to provide technical and administrative support to the Council. Section 2. Functions of the Secretariat. The Secretariat shall have the following functions:

A. Support to Policy Direction and Coordination 1. Provide consultative research and administrative services to the

Council;

2. Assist in the development of national capabilities and human resources for maritime and ocean affairs;

3. Undertake, or cause to be undertaken, any of the following:

i. Consultations with the EXECOM or any of its members,

any government agency, concerned maritime and ocean sectors, non-government organizations, academe, and/or the general public, on any maritime related matters as may be deemed necessary;

ii. Research programs and policy studies on any and/or all maritime and ocean sectors as may be needed by the Council, including those for regulatory, governmental,


environmental, developmental, strategic, or security purposes;

iii. Research, data gathering, information acquisition, and preparations for any negotiation or other modes with other countries in matters concerning the overlapping of maritime boundaries, fisheries, energy and mineral exploration, and exploitation in the ocean, or other agreements relating to the conservation, exploration, exploitation, protection, development and/or management of marine resources within Philippine maritime zones;

4. Create and maintain, or cause to be created and maintained, a

central database and information system on maritime and ocean affairs in support of maritime and ocean policy and decision-making;

5. Identify, network with, enlist, and commission national and/or international expertise and institutions in support of or to assist the Government in maritime and ocean policy and decision making;

B. Assistance to the Chairperson and the Council

1. Provide assistance and administrative and technical support to

the Chairperson in the management and oversight of:

i. The EXECOM

ii.Permanent and ad-hoc committees which may be convened and established by the Council

iii. Inter-agency Technical Working Groups, and

iv. The National Coast Watch Center


2. Assist the Council in proposing and reviewing legislative and administrative issuances on maritime security;

3. Undertake, or cause to be undertaken, activities necessary to raise the national archipelagic consciousness and communicate, in a coordinated manner, publicize national maritime and ocean interests and issues;

C. Administrative Support and Reporting to the Council

1. Assist inter-agency committees and working groups convened and established by the Council in the performance of their respective mandates, including the provision of administrative, technical, and secretarial support;

2. Coordinate the participation of the appropriate agencies of government in international fora, meetings, and conferences that are relevant to the maritime and ocean interests of the Philippines;

3. Render a regular report to the Council Members on all activities

undertaken by the EXECOM, permanent and ad-hoc committees, inter-agency working groups, and the National Coast Watch Center.

4. Avail of grants, endowments or donations from foreign or local

entities in accordance with existing laws, to be applied to projects or studies to implement the policies or directives of the Council;

5. Perform such other functions and tasks as the Council may direct.


Section 3. Organization of the Secretariat A. The Secretariat shall be headed by an Executive Director with the rank

of Undersecretary, who shall be appointed by the Chairperson, upon the recommendation of the Council.

B. The Chairperson is hereby authorized, upon the recommendation of the Executive Director, to hire and determine remuneration of consultants and other experts for the Secretariat and/or to request the detail and secondment of personnel from other government agencies and institutions in accordance with the Civil Service law, rules, and regulations.

C. The Executive Director shall designate a Deputy Executive Director with the rank of Assistant Secretary to provide overall supervision of the substantive work flow and administrative and day-to-day operations of the Secretariat as well as to act for and on his behalf during his absence.

D. The Executive Director shall designate Heads for the Units of the Secretariat to assist him/her in the performance of his functions.

E. Reorganization, realignment of functions, or creation of new units within the Secretariat shall be authorized by the Chairperson upon the recommendation of the Executive Director.

Section 4. National Maritime Policy Development. The various policy issues related to the maritime and oceans affairs impacting on the Philippines as an archipelagic State demand a dedicated body with ample resources to address the multifaceted aspects of maritime policy, planning and governance. In line with this overarching need, the Secretariat, consistent with its mandate, shall serve as the center for the development, review, updating, and monitoring of implementation of overarching national maritime policies, such as but not limited to the following:


A. The National Marine Policy. The National Marine Policy of 1994, hereafter referred to as the “NMP” shall serve as the principal document defining the strategic maritime interests of the Philippine. Within sixty (60) working days from the effectivity of this IGRR, the Secretariat shall undertake a thorough review of the NMP and propose to the Council necessary revisions to the same.

B. The National Marine Strategy. The Secretariat shall undertake appropriate multi-disciplinary studies and inter-agency consultations in order to craft and submit to the Council, as soon as practicable, a National Marine Strategy, hereafter referred to as the NMS, that will ensure the realization of the ends and objectives of the NMP. The NMS shall have appropriate themes, sections, and/or annexes, as the case may be, for maritime development, safety and security, strategic communications, and regulatory initiatives. The NMS shall likewise include component plans and strategies such as, but not limited to:

1. The National Marine Engagement and Coordination

Strategy. The Secretariat shall ensure effective cooperation and coordination between and among all government agencies, bureaus and offices with maritime domain-related mandates, duties and functions. In this regard, the NMS shall cause the adoption of a National Maritime Engagement and Coordination Strategy, hereafter referred to as the “NMECS”. This strategy includes harmonization of all plans, projects and activities, whether local or international, related to the maritime domain by various government agencies, bureaus and offices with a view of optimizing resources, preventing unnecessary duplication of work and maximizing outcomes and results. It shall also aim to build institutional mechanisms in order to ensure integration and coordination of functions, plans, and programs by government agencies and other ocean-related sectors to complement the sectoral management approach for effective governance regime for oceans and coastal development.


2. The Strategic Communications Plan for Marine and

Archipelagic Issues and Concerns. In coordination with relevant government agencies and instrumentalities, the NMS shall include a strategic communications plan designed to develop and enhance the maritime and archipelagic consciousness of maritime stakeholders and the general public and effectively communicate the NMP and NMS to all stakeholders.

Section 5. Inter-Agency Coordination.

A. Harmonization of Mandates. Within ninety (90) working days

from the adoption of this IGRR, the Secretariat, in coordination with the Department of Justice (DOJ), shall review all existing national laws, policies, and regulations to clarify and/or propose ways to deconflict the jurisdictions and mandates of member and other agencies.

B. Inter-Agency Working Groups. The Secretariat, with the consent of the Chairperson, may establish permanent and/or ad-hoc inter-agency working groups composed of government officials, technical experts, members of the academe, and/or private individuals to assist it in the performance of its mandates. Consistent with existing government rules and regulations, the Secretariat may provide appropriate remuneration and/or other benefits to the members of such working groups.

C. Terms of Reference of Inter-Agency Working Groups. The Secretariat shall recommend to the Chairperson the approval of appropriate Terms of References for the establishment of an Inter-Agency Working Group. The document shall outline the functions of the working group, its members, meetings, and required outputs.


Section 6. Records and Archives A. The Secretariat shall keep and maintain an archive of all official

transactions, communications and minutes of the Council meetings, to include the records of the different inter-agency committees and working groups established by the Council;

B. The Secretariat shall keep a record of all documents it received and released;

C. Information concerning the resolutions, decisions or activities of the Council and the inter-agency working groups established by the Council may be released or disclosed as authorized by the Council and;

D. All classified information and material will be stored, handled,

transmitted and safeguarded in accordance with national security laws and regulations. Such information and material will bear the appropriate level of classification.

CHAPTER FOUR

The National Coast Watch Center Section 1. National Coast Watch Center. The National Coast Watch Center, hereafter referred to as the “Center”, shall be the principal organ for implementing and coordinating maritime security operations in the Philippines in accordance with the strategic direction and policy guidance issued by the Council. Section 2. Functions. The Center shall have the following functions:

A. Gather, consolidate, synthesize, and disseminate information relevant to maritime security;


B. Develop and maintain effective communications and information systems to enhance inter-agency coordination in maritime security operations;

C. Coordinate the conduct of maritime surveillance or response operations upon the request of a member agency or when an exigency arises;

D. Plan, coordinate, monitor, evaluate, document, and report on the conduct of maritime security operations;

E. When so authorized by the Council, coordinate cross-border and multinational maritime security operation;

F. Coordinate support for the prosecution of apprehended violators;

G. Conduct periodic assessments on maritime security;

H. Conduct regular activities to engage all maritime stakeholders in various fora, seminars, workshops, and other activities;

I. Coordinate and facilitate training activities and exercises of members and support agencies of the Council to enhance coordination and interoperability in the NCWS;

J. Pursuant to Executive Order 82 series of 2012, perform the role of Crisis Management Office of the Chairperson for human induced threats within and adjacent to the Philippine maritime borders. As such, the Center shall assist the Chairperson to implement the 5Ps of crisis management, particularly:

1. Predict. Conduct Horizon Scanning or scanning for emerging

threats and conveying strategic warnings; and undertake Situation Awareness processes at the strategic, operational, and tactical levels;


2. Prevent. Prepare or update inter-agency contingency and crisis action plans;

3. Prepare. Systematically undertake “Prepare” activities (organize, train, equip, exercise and evaluate/improve) as well as undertake capability building and enhancement activities;

4. Perform. Systematically determine and declare an incident as approaching crisis level, and afterwards activate an Incident Command System (ICS) and identify an Incident Commander to implement the crisis action plan.

5. Post-Action and Assessment. Systematically provide Post

Action and Assessment Reports to the Chairperson for submission to the National Crisis Management Committee and the EXECOM/National Crisis Management Committee.

K. Perform such other functions as may be directed by the Council.

Section 3. Leadership. The Center shall be headed by a Director who is an active Philippine Coast Guard (PCG) flag-rank officer as determined by the Council. The Director shall be appointed by the Council from among a list of PCG officers to be submitted and/or nominated by the Secretary of Transportation and Communications. The Director of the Center shall have a term of at least one (1) year, but not more than three (3) years, commencing from the effective date of his assumption. Section 4. Organizational Structure. The Center shall be organized as

follows:

A. The Center shall be composed of a national level unit to be established in the PCG which shall be capable of strategic environment assessment and centralized inter-agency operational planning.


B. Regional Coordinating Centers (RCCs), with defined area of interest (AI), shall be established for joint and inter-agency operational and tactical coordination. Satellite coordinating centers may be identified to further decentralize execution of maritime actions. The RCCs and its satellite coordinating centers shall have the following functions:

1. Gather, consolidate, synthesize, assess, and disseminate

information relevant to maritime security within its AI;

2. Develop and maintain effective communications and information systems to enhance inter-agency coordination in maritime security operations within its AI;

3. Coordinate the conduct of maritime surveillance or response

operations based on the operational plans of the Center;

4. Provide inter-agency operational and tactical planning, coordination, monitoring, evaluation, documenting, and reporting for all maritime security operations within its AI;

5. When directed by the Center, coordinate cross-border and

multinational maritime security operation;

6. Coordinate support for the prosecution of apprehended violators;

7. Conduct periodic assessments on maritime security within its

AI; and

8. Perform the functions of the local Crisis Management Center pursuant to EO 82.

C. The Council, upon the recommendation of the Secretariat, shall

determine the location of the RCCs and define its area of interest.


D. Following the principle of redundancy, a back-up facility shall be established and maintained capable of performing the functions of the Center if it is rendered inoperable for whatever cause or reason.

Section 5. Authority to Organize Inter-Agency Task Force. As necessary, the Director may organize member and other concerned agencies’ resources assets and facilities into an Inter-Agency Task Organization (IATO) in furtherance of a specific and urgent maritime security mission. Such assets and facilities may be placed under the operational control of or to otherwise provide support to the IATO for the duration of the mission. Section 6. Inter-Agency Maritime Security Operational Framework. The operations of the Center and its span of control over inter-agency maritime security operations shall be guided by the operational framework in Annex A, which is made as an integral part of the IGRR.

Section 7. Concept of Operations. Within thirty (30) days from the effectivity of this IGRR, the Technical Working Group on CONOPS shall develop and submit to the Council, through the Secretariat, the Concept of Operations (CONOPS) following the framework in Annex A of this IGRR. The CONOPS shall discuss, among others, the following:

A. Vision of Center; B. Mission of the Center; C. Organizational Structure of the Center and its Regional Coordinating

Centers; D. Inter-Agency Command, Control, and/or Coordination Concept; E. Information Sharing, Situational Awareness, and Common Operating

Picture Concept; F. Incident Management Concept; G. Methodology for Support to Prosecution of Offenders; H. Statement of Required Capability and Capacity; and I. Reporting System


Section 8. The CONOPS to be adopted by the Council shall become Annex B1 of this IGRR and shall be constantly reviewed and updated as the need arises. Section 9. Facility Management. The Director of the Center shall exercise administrative supervision and control over all the units of the Center.

Section 10. Inter-Agency Manning Provision. The Chairperson is hereby authorized, upon the recommendation of the Director of the Center, to hire and determine remuneration of employees for the Center and/or to request the detail and secondment of personnel from other government agencies and institutions in accordance with the Civil Service law, rules, and regulations or defense policies in the case of military officers and personnel.

Section 11. Relationships with Other Agencies and Inter-Agency Centers. The Center shall be the primary inter-agency coordinating center for maritime security operations during peacetime situations. As the situation escalates into the following:

A. Human Induced Crises. The Center shall be the Crisis

Management Office of the Chairperson for human induced crisis in the maritime domain. It shall perform initial Incident Management functions until such time that the Crisis Management Committee has been convened and a tasked organization shall have been organized to address the crisis. Thereafter, the Center shall provide continuing support until the crisis situation is fully addressed.

B. Natural Disaster Situations. The Center shall provide appropriate support to the Office of Civil Defense in cases of crisis from natural calamities.

1 Title Two


C. Cross-Border Maritime Security Operations. The Center shall act as the command and control center for all cross-border maritime security operations directed by the Council. As such, the Center may exercise control and/or provide support as necessary for the accomplishment of specific missions and objectives of the operations.

D. National Defense Operations. Provide additional support to the National Security Council and Department of National Defense as may be directed by the Council.

E. Command, Control, and/or Coordination. The command, control, and/or coordinating relationships between the Center, support agencies, and other inter-agency bodies to meet specific situations shall be prescribed in contingency plans formulated by the Center and approved by the Council.

CHAPTER FIVE

Allocation and Management of Resources Section 1. Operational Budget of Member and Support Agencies for the National Coast Watch Operations and Activities. All Member/Support Agencies of the Council shall include a line item under their proposed annual budgets for operations and activities in support of the NCWS. The program or fund requirement shall be monitored, reviewed, and harmonized by the Council. The annual line item budget shall be limited to the following expenditures:

A. Fuel costs for operations to be expressed in programmed steaming time for ships and other sea vessels and programmed flying time in case of aircraft;

B. Travel requirements of personnel who shall perform duties and attend meetings prescribed under this IGRR; and

C. Such other expenditure as may be determined by the Council.


Section 2. Operational Budget for the Secretariat. Funds to support the maintenance and operation of the Secretariat shall be included as a line item budget in the annual appropriations for the Office of the President. The budget of the Secretariat shall reflect the following:

A. Annual maintenance and other operating expense for the Secretariat including office equipment and supplies, communications, subscription to various publications, repair and maintenance of equipment and facilities;

B. Administrative support requirements for the conduct of all meetings by the Council and different inter-agency working groups;

C. Funds for the conduct of studies to be directed by the Council or an inter-agency working group;

D. Capacity-building programs and projects for maritime and oceans concerns;

E. Personnel Services for salaries and allowances for personnel hired and/or assigned to the Secretariat and the Center, as well as remuneration for the members of committees and working groups; and

F. Such other expenses as the Chairperson may determine. Section 3. Operational Budget for the Center. The Center shall be a unit of the Office of the President under the administrative supervision and control of the Executive Secretary. Funds for the maintenance and operations of the Center shall be included as a line item budget in the annual appropriations of the Office of the President. The budget for the Center shall reflect the following:


A. Annual maintenance and other operating expense for the Center and its regional offices, including electricity, water, subscription for appropriate communications, and repair and maintenance of equipment and facilities; and

B. Cost to support inter-agency activities, trainings/exercises and other capacity-building and capability development programs.

Section 4. Facility Support. The Secretariat and the Center shall have an appropriate site for its offices. For this purpose, the Chairperson is hereby authorized to coordinate, arrange and occupy at no cost any appropriate area under the administrative control of any agency or government-owned and controlled corporation, subject to the approval of its governing board; or construct/lease such building as may be necessary to house the Secretariat, Center, Regional Coordinating Centers, and satellite centers. Section 5. Authority to Accept Assistance and/or Donations. The Council and the Center are hereby authorized to accept donations, contributions, grants, bequests or gifts from domestic or foreign sources, for purposes relevant to their mandates and functions, in accordance with applicable laws and rules and subject to government accounting and auditing rules and regulations.

CHAPTER SIX Other Provisions

Section 1. Separability Clause. If for any reason any portion or provision of the IGRR is declared unconstitutional or invalid by any court of law, the unaffected provisions shall remain valid and subsisting. Section 2. Repealing Clause. All issuances, rules, and regulations or parts thereof inconsistent with EO 57 are accordingly revoked, amended, or modified as the Council may specify in its resolutions.


Section 3. Amendments and Revision. The Council shall regularly review this IGRR and issue amendments or revision thereto as it deems necessary. An amendment may be made through a resolution approved by the members of the Council. An amendment to this IGRR shall become effective after compliance by the Secretariat of the government rules and regulations concerning notice and publication. Section 4. Effectivity. This IGRR shall take effect following the completion of its publication in the Official Gazette or a newspaper of general circulation. SO APPROVED.


ANNEX A OF THE IGRR

Maritime Security Operational Framework


TITLE TWO

CONCEPT OF OPERATIONS FOR THE NATIONAL

COAST WATCH CENTER2

2 Annex B of the Implementing Guidelines Rules and Regulations (IGRR) of Executive Order No. 57


1. Introduction

1.1. The Philippine National Coast Watch Center (NCWC) is an inter-agency maritime surveillance and coordinated response mechanism established through Executive Order 57 signed by President Benigno Simeon Aquino III last 06 September 2011. 1.2. It is established as a coordinating and implementing mechanism in a whole-of-government approach to address current and future maritime safety, security, and environmental protection challenges in the Philippines. 1.3. This document was tested and validated through numerous inter-agency table-top exercises covering scenarios from planning inter-agency responses, information-sharing and coordinated response operations.

2. Purpose of this Document

2.1. The purpose of this concept of operations document is to describe the vision, mission, coordinative operational processes, and organizational structure of the National Coast Watch Center (NCWC) and to outline how the center fulfills its mission. 2.2. This CONOPS is the authoritative guide for inter-agency maritime security operations, actions and activities. This CONOPS provides:

2.2.1. Guidance to law enforcement and defense agencies in the conduct of inter-agency maritime security operations; 2.2.2. A framework to introduce how the National Coast Watch Center will coordinate maritime security efforts and its relationship with maritime agencies; and


2.2.3. A baseline document to guide capability development and conduct of inter-agency training events.

3. Mission. The mission of the NCWC is to coordinate and implement the whole of government efforts to protect the Philippine national interests against security threats, enforce national sovereignty and sovereign rights, and fulfill international responsibilities and obligations throughout the maritime jurisdiction of the country.

4. Purpose. To promote maritime safety, enforce maritime laws, protect the marine environment and contribute to economic development. 5. Functions. Pursuant to EO 57 and EO 82, the Center shall have the following functions:

5.1. Gather, consolidate, synthesize, and disseminate information relevant to maritime security; 5.2. Develop and maintain effective communications and information systems to enhance inter-agency coordination in maritime security operations; 5.3. Coordinate the conduct of maritime surveillance or response operations upon the request of a member agency or when an exigency arises; 5.4. Plan, coordinate, monitor, evaluate, document, and report on the conduct of maritime security operations; 5.5. When so authorized by the Council, coordinate cross-border and multinational maritime security operation;


5.6. Coordinate support for the prosecution of apprehended violators; 5.7. Conduct periodic assessments on maritime security; 5.8. Conduct regular activities to engage all maritime stakeholders in various fora, seminars, workshops, and other activities; 5.9. Coordinate and facilitate training activities and exercises of members and support agencies of the Council to enhance coordination and interoperability in the NCWS;

5.10. Pursuant to Executive Order 82 series of 2012, perform the role of Crisis Management Office of the Chairperson for human induced threats within and adjacent to the Philippine maritime borders. As such, the Center shall assist the Chairperson to implement the 5Ps of crisis management, including among others; 5.10.1. Predict. Conduct Horizon Scanning or scanning for emerging threats and conveying strategic warnings; and undertake Situation Awareness processes at the strategic, operational, and tactical levels; 5.10.2. Prevent. Prepare or update inter-agency contingency and crisis action plans;

5.10.3. Prepare. Systematically undertake “Prepare” activities (organize, train, equip, exercise and evaluate/improve) as well as undertake capability building and enhancement activities;

5.10.4. Perform. Systematically determine and declare an incident as approaching crisis level, and afterwards activate an


Incident Command System (ICS) and identify an Incident Commander to implement the crisis action plan.

5.10.5. Post-Action and Assessment. Systematically provide Post Action and Assessment Reports to the Chairperson for submission to the National Crisis Management Committee and the EXECOM/National Crisis Management Committee.

5.11. Perform such other functions as may be directed by the Council.

6. Method. The Center fulfils its mandate by sustained and effective inter-agency engagement in four mutually supporting functional areas: surveillance, maritime domain awareness; planning and coordination; and detection, response and recovery. 7. End State. Peaceful and secured maritime environment through sustained and effective inter-agency engagement.

8. Fundamental Tasks

8.1. Surveillance. Surveillance is the mode or actions undertaken to obtain an observation of the maritime activity in a particular area. It can be done through the use of land-based, surface, and air assets. Surveillance utilizes all wide area and focal surveillance assets available, as well as Intelligence capabilities to provide the most cohesive common operating picture available. A range of platforms and sensor combinations will undertake the surveillance process. Sensor capabilities will be capable of providing a comprehensive surveillance outcome that will afford detection, classification and identification of targets of interest. 8.2. Maritime Domain Awareness. The Center develops and maintains awareness of activities in the maritime domain


with the intent of identifying security threats, assessing their likelihood and estimating their potential consequences. It fuses intelligence and information from multiple sources to develop an awareness of the maritime domain. A picture of this awareness is the Common Operating Picture containing but not limited to the following information: 8.2.1. Vessel Sightings; 8.2.2. Critical Contact of Interest (CCOI) Track; 8.2.3. ISR units reporting the CCOI; 8.2.4. Location of maritime law enforcement units; 8.2.5. Available military units in the area 8.2.6. Government interdiction/shadow units location

and tracks (Response Plan); 8.2.7. Center Courses of Action; 8.2.8. Weather; 8.2.9. Current at time/day; and

8.2.10. Geography of operating area

8.2.11. Security threats in area of operations

8.3. Planning and Coordination. Rather than passively waiting for identified security threats to present themselves in the maritime domain, the Center also participates in a whole of government efforts to prevent and disrupt these security threats. Inter-agency planning occurs at different levels. In order to formulate pre-planned and agreed response plans, the


Center convenes specific Inter-Agency Planning Clusters for specific threats and contingencies. The Planning Clusters and the membership shall be provided and will form part of Annex A. For incidents requiring immediate response, the Center is capable of rapid response planning through established network of Liaison Officers. 8.4. Detection, Response and Recovery. The Center coordinates whole of government efforts to respond to security threats as they are detected in the maritime domain, and to recover from security incidents. Operational level working groups shall meet regularly to prioritize the application of available surveillance and response assets, and to determine the need for additional assets to be assigned to an area of interest. The Center and its regional centers also conduct weekly interagency coordination meetings to optimize the surveillance and response plan for the following week.

9. Execution. The Center and its Regional Coordinating Centers will be responsible for coordinating responses as a result of its ISR efforts. The response coordination process will rely on its linkage with different agencies’ command and control structures and coordination networks to effectively integrate capable assets from various agencies. Inter–agency coordination will be from the strategic and regional level down to the multi–agency tasked forces and organizations, which may be activated to address specific missions.

9.1. Organizational Structure of the Center and its Regional Coordinating Centers.

9.1.1. The organizational structure of the Center is mainly derived from the Mission Essential Tasks flowing from its Fundamental Tasks. It is organized to accomplish these tasks along four key functional areas, namely:


9.1.1.1. Admin and Resource Management 9.1.1.2. Intelligence and Operations 9.1.1.3. Information, Communications, and Technology 9.1.1.4. Operational Readiness and Evaluation

This organizational structure is depicted in Annex B.

9.1.2. The periodic assessment of maritime situation is accomplished through sustained inter-agency information sharing. This may lead to the development of inter-agency priorities for Maritime Security Operations. Contingency plans are also developed in this process to guide inter-agency actions during crisis and other critical incidents. The agreed priorities are then transmitted to the Regional Coordinating Centers to be processed into Area Specific Plans. Operations personnel should further develop this into a more detailed implementation plan. The agreed plans are executed by individual agency operations. The personnel of the center monitor the conduct of operations through the operations center. The Center provides key capabilities for monitoring operations and providing decision-support for the conduct of maritime operations. 9.1.3. Liaison Officers (LNOs). A core of officers from the PCG, PNP-MG, AFP, and BFAR and civilian personnel regularly man the Center. Other agencies shall provide for LNOs who may be called to attend planning meetings and/or provide technical support to the Center.

9.1.3.1. The LNOs are responsible for provision of subject matter advice to the NCWC and coordination with their own departments and agencies. They input to all of the processes of the Center from longer range planning to inter-agency operations within Center. Functions include but not limited to the following:


a. Act as single POC for their respective agencies especially in updating the Center’s Common Operating Picture (COP).

b. Provide staff and technical advice to the Director on all matters pertaining to information regarding their respective agency;

c. Facilitate information sharing in accordance with approved SOPs and the IGRR;

d. Attend routine meetings and support the development of contingency plans based on the inter-agency outcomes and requirements;

e. Provide SME advice on the specific threats indicated in inter-agency threat and risk assessment methodology;

f. Where requested, attend the Center meetings to support critical incident management and crisis action planning within the agencies specific mandate;

g. Advise own agency of the Center’s activities and requirements to ensure they are aware of possible impacts to agency operations and activities;

h. Liaise for the provision of assets, personnel and prosecutions expertise where requested; and

i. Review these SOPs periodically to ensure they meet individual agency needs.

9.2. Incident Management Concept. In all situations, whether in a unilateral or inter-agency operations, information about the incident, the action undertaken by an agency unit, and the results of operations will be reported to the Center for the purpose of updating the common operating picture (COP) and the database.

9.2.1. Following the defined reporting procedure outlined in the Information Sharing Protocol (Annex C)3 deployed assets are required to provide surveillance information to the Center

3 Title Four


through its Regional Coordinating Center (RCC). Once a target of opportunity is monitored, the concerned unit immediately reports the incident to its unit commander simultaneously to the RCC. Continuing surveillance activities shall be conducted in order to support the decision-making capability of the unit monitoring the activities of the target. The situation is uploaded to the COP and the appropriate response is coordinated.

9.2.2. If the agency who reported the incident can address the situation, it directs its units to do the required action. The action is then reported to the Center for purposes of updating the COP. In such situations, the Center is expected to do the following:

9.2.2.1. Fill information gaps that the agency needs to

arrive at a decision to interdict or make an apprehension;

9.2.2.2. Inform the agency who has the lead in addressing the offence committed of the impending apprehension;

9.2.2.3. Organize the hand-over of the apprehended vessels and individuals ashore;

9.2.2.4. Provide documentation on the action taken and the decisions made in the course of the operations; and

9.2.2.5. Maintain and constantly update the COP

9.2.3. If the incident warrants inter-agency action, the information is uploaded to the COP and the Centre shall exercise incident command for purposes of planning and organizing the response. Once the Centre assumes the coordinative operational response, it is expected to do the following:

9.2.3.1. Plan the conduct of response operations;


9.2.3.2. Coordinate the resources that can be pooled from the different agencies and assume tactical control of available units for the duration of the mission;

9.2.3.3. Inform the Liaison Officer of the agencies which may have a role in the overall response operations;

9.2.3.4. Alert all operating units of the impending operations; and

9.2.3.5. Continue to monitor the situation as it develops.

9.2.4. The operations shall be planned by the Center with the Lead Agency providing the necessary advice and inputs to the plan as well as the requirements for successful interdiction and apprehension. These actions including the necessary support for the prosecution of individuals shall be in accordance with the Unified Protocol on Maritime Actions (Annex D)4. 9.3. Methodology for Support to Prosecution of Offenders. The ultimate objective of the Center’s command, control, and coordinating processes of the Center is to successfully prosecute apprehended individuals. A Council approved Unified Protocol on Maritime Actions ensures that the triad requirements for establishing jurisdiction for law enforcement are fulfilled prior to interdiction and apprehension of individuals. Mechanisms for ship borne law enforcement teams will be established by agreed and approved operational plans prior to the conduct of individual agency operations. 9.4. Inter-Agency Command, Control, and/or Coordination Concept. In the accomplishment of its mission, the Center is guided by defined policies and priorities. The National Coast Watch Council routinely coordinates with a range of Philippine government Departments and instrumentalities, including the inter-agency working groups convened and/or managed by the Council Secretariat. The

4 Title Three


Council is established as the central inter-departmental body that formulates strategic directions and policy guidance for the Center and other concerned agencies.

9.4.1. The Center translates these policies and guidance into concrete inter-agency actions and allocates tasks by establishing synergized command and control relationships with its member agencies and their respective subordinate units. 9.4.2. Command.

9.4.2.1. The Center does not exercise command over forces, units, or elements of an agency; rather, it provides a process and a conduit for multi-agency coordination and planning to facilitate selection, coordination, and integration of operational effort among the participating agencies for effective mission accomplishment. There are two chains of command in an inter-agency setting – agency command and multi-agency command. The first refers to the authority granted to a head of an agency or a commander of a uniform force by reason of assignment or rank. This denotes the ownership of an asset or unit. Agency command is never relinquished to the inter-agency chain of command. Thus, the Center establishes linkages with national level offices/headquarters and subordinate heads/commanders of these agencies exercising operational command over their respective units. 9.4.2.2. On the other hand, multi-agency command for the Center shall be viewed on the context of its role as an incident command system. The National Crisis Management Core Manual defines an incident command system as a set of personnel, policies, procedures, facilities, and equipment, integrated into a common organizational structure designed to improve emergency response operations of all types and

complexities. An incident commander is the single person who commands the incident response and is the decisionfinal authority on the ground. Pursuant to the functions prescribed in EO 57 and the provisions of EO 82, the Center is organized as the focal maritime incident command system for maritime security operations and human induced crisis in the Philippine maritime domain.

It must be emphasized that agency command over assets is not relinquished to the incident commander within the incident command system as shown in Figure 1.

9.4.3. Control.over part of the activThis is the process by which commanders plan, guide, and conduct operations. As such, it is a tasking authority that may be delegated to other commanders within or outside an agency. The discretion whether to alunder a specific control arrangement is resident on the operational commander within an agency. Thus, this is decided during joint and interdependent on the requirements of a specific incide

National Coast Watch System Core Manual

complexities. An incident commander is the single person who commands the incident response and is the decision-makifinal authority on the ground. Pursuant to the functions prescribed in EO 57 and the provisions of EO 82, the Center is organized as the focal maritime incident command system for maritime security operations and human induced crisis in the

aritime domain.

It must be emphasized that agency command over assets is not relinquished to the incident commander within the incident command system as shown in Figure 1.

Control. This is the authority exercised by a commander

over part of the activities of subordinate or other organizations. This is the process by which commanders plan, guide, and conduct operations. As such, it is a tasking authority that may be delegated to other commanders within or outside an agency. The discretion whether to allocate or assign a unit or asset under a specific control arrangement is resident on the operational commander within an agency. Thus, this is decided during joint and inter-agency planning conferences and dependent on the requirements of a specific incident.

Core Manual | 49

complexities. An incident commander is the single person who making

final authority on the ground. Pursuant to the functions prescribed in EO 57 and the provisions of EO 82, the Center is organized as the focal maritime incident command system for maritime security operations and human induced crisis in the

It must be emphasized that agency command over assets is not relinquished to the incident commander within the incident

is the authority exercised by a commander ities of subordinate or other organizations.

This is the process by which commanders plan, guide, and conduct operations. As such, it is a tasking authority that may be delegated to other commanders within or outside an agency.

locate or assign a unit or asset under a specific control arrangement is resident on the operational commander within an agency. Thus, this is decided

agency planning conferences and


9.4.4. Coordination. This authority (not command authority) is delegated to a commander or individual to coordinate specific functions and activities involving units of two or more agencies, or elements. This is an extremely valuable concept since it carries with it authority to require consultation between agencies involved but does not have authority to compel agreement. This relationship entails the exchange of information to inform, integrate, synchronize, and deconflict operations. It does necessarily a process of gaining approval but is often used for mutual exchange of information. The Center exercises this authority for planning the allocation of surveillance tasks and/or execution for a specific response operation or function. This is the main command and control relationship that the Center exercises with support agencies.

9.4.5. In sum, the level of participation, involvement, or support that agencies provide to the Center rests on the discretion of the support agencies. The Center coordinates the pooled capability and capacity through the conduct of regular inter-agency planning conferences.

9.4.6. As a Crisis Management Center, it is tasked with preparing incident management plans that defines these command and control relationships, support arrangements, incident management structure and, and establishing the roles of individual agencies. Contingency plans, SOPs, and planning manuals are valuable tools for building unity of effort. 9.5. Regional and International Engagement. In cooperation with other Philippine government agencies, the Center liaises with a range of other national agencies to cooperate and strengthen maritime security in the region.


9.5.1. The Center liaises on operational matters with the following foreign national agencies through current liaison officers or future networking system:

9.5.1.1. Brunei Marine Police 9.5.1.2. Vietnam Maritime Police 9.5.1.3. Thailand Maritime Police 9.5.1.4. Indonesian Maritime Security Agency

(BAKAMLA); 9.5.1.5. Indonesian Ministry for Maritime Affairs and

Fisheries; 9.5.1.6. Malaysian Maritime Enforcement Agency

(MMEA); 9.5.1.7. Cambodia Maritime Security Committee; 9.5.1.8. Japanese Coast Guard (JCG); 9.5.1.9. United States Coast Guard (USCG); 9.5.1.10. Joint Inter-Agency Task Force-West; and 9.5.1.11. Australia Border Protection Command

9.5.2. The Center also participates or has an interest in a range of bilateral, regional and international inter-governmental fora and activities including, but not limited to:

9.5.2.1. RP-RI Joint Committee on Border Crossing; 9.5.2.2. RP-Malaysia Joint Committee Meeting; 9.5.2.3. RP-Malaysia Joint Committee on Border

Cooperation; 9.5.2.4. ASEAN Regional Forum; 9.5.2.5. International Maritime Organization; 9.5.2.6. Regional Cooperation Agreement on Combating

Piracy and Armed Robbery against Ships in Asia (ReCAAP); and

9.5.2.7. Combined Maritime Force


10. Conclusion. The NCWS is an innovative inter-agency mechanism that seeks to more effectively synchronize whole of government efforts to protect Philippine national interests against security threats, enforce sovereignty in maritime areas, and fulfill international responsibilities and obligations.


ANNEX B OF THE CONOPS

Organizational Structure of the Center in General

Organizational Structure of the Center’s Regional Coordinating Centers in General


TITLE THREE

UNIFIED PROTOCOL ON MARITIME ACTIONS5

5 Annex D of the National Coast Watch Center Concept of Operations


1. PURPOSE: The guidelines set forth in this document establishes the general and specific considerations in planning and conducting maritime response operations as well as prescribe the national policy on rules regarding the use of force by law enforcement personnel during maritime security operations and for military personnel during operations in support of maritime law enforcement. 2. APPLICABILITY

2.1. This protocol applies to all Philippine government agencies conducting maritime security and law enforcement operations within Philippine maritime territories and jurisdictions. 2.2. This protocol applies to defense and military support to law enforcement agencies conducting operations in Philippine internal waters, territorial sea, and EEZ. 2.3. This instruction does not apply to military units or personnel while under Operational Control (OPCON) or Tactical Control (TACON) to an inter-agency task force in support of crisis response. While OPCON or TACON to such task force, such units or personnel will follow the Use of Force Policy issued by the task force commander or by the incident command organization of the task force.

3. RESPONSIBILITIES. The Executive Director of the National Coast Watch Council Secretariat is responsible for the maintenance of this protocol. The Director, National Coast Watch Center is responsible for the dissemination, training, compliance and monitoring of this document. 4. SECURITY CLASSIFICATION. This document is approved for public release; distribution is unlimited. The public may obtain


copies of this instruction through the Internet from the national government website. 5. GENERAL CONSIDERATIONS ON PLANNING AND CONDUCTING MARITIME ACTIONS FOR LAW ENFORCEMENT OPERATIONS

5.1. Basic in any law enforcement operation is the establishment of jurisdiction over a vessel, its crew or cargo, before any enforcement activity may be conducted. Jurisdiction in the maritime domain is composed of three elements, namely, the location, vessel or a flag of the vessel, and applicable laws and regulations. 5.2. Location and Applicable Laws and Regulations. National laws and international laws define the maritime jurisdiction of the Philippines. The Philippines is a State Party to the UN Convention on the Law of the Sea (UNCLOS) that establishes the various maritime zones and defines the rights and responsibilities of nations over these waters. Pursuant to the principles laid down by UNCLOS, the Philippines enacted Republic Act 9522 or the Philippine Baselines Law. The law identifies 101 basepoints connecting archipelagic baselines that enclose the main Philippine archipelago and establishes a regime of islands in accordance with Article 121 of UNCLOS for the Kalayaan Island Group and the Bajo de Masinloc or Scarborough Shoal. The maritime zones in which the Philippines exercises jurisdiction are measured from these archipelagic baselines.

5.3. Under UNCLOS and RA 9522, the Philippines as an archipelagic State has sovereignty over its territorial sea, archipelagic waters, and inland waters. The Philippines likewise exercises sovereign rights over its contiguous zone, EEZ, and continental shelf.


5.3.1. Waters Landward Side of the Archipelagic Baselines. The waters landward side of the baselines established under RA 9522 includes the inland waters and archipelagic waters.

5.3.1.1. Internal Waters. Internal waters for the Philippines comprise the mouths of rivers, bays and ports separately delimited by baselines enclosing such waters in accordance with the relevant provisions of UNCLOS. These waters are subject to the sovereign jurisdiction of the Philippines. All Philippine laws are applicable and enforceable in Philippine internal waters. 5.3.1.2. Archipelagic Waters. The sovereignty of the Philippines extends to the waters enclosed by the archipelagic baselines established under RA 9522 regardless of their depth or distance from the coast. This sovereignty extends to the airspace over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein.

5.3.1.3. Applicable Domestic Laws. The following domestic laws are applicable in the internal and archipelagic waters:

a. Marine Pollution Law (PD 979) b. Pollution Control Law (PD 984) c. Oil Pollution Compensation Act of 2007 RA 9483) d. Philippine Clean Water Act of 2004 (RA 9275) e. Wildlife Resources Conservation and Protection Act (RA

9157) f. Code on Sanitation of the Philippines (PD 856) g. Fisheries Code of the Philippines (RA 8550) as amended

by RA 10654 h. Forestry Reform Code of the Philippines (PD 705) i. Toxic Substances and Hazardous and Nuclear Wastes


Control Act of 1990 (RA 6969) j. Tariff and Customs Code (PD 1464) k. Immigration Act of 1940 (Commonwealth Act 613) l. Comprehensive Dangerous Drugs Act of 2002 (RA 9165) m. Firearms Law (PD 1866 as amended by RA 8294) n. Anti-Trafficking in Person Act of 2003 (RA 9208) o. Human Security Act of 2007 (RA 9372) p. Firecrackers Law (RA 7183)

5.3.1.4. Rights of Passage in Archipelagic Waters. Ships of all States enjoy the right of innocent passage through archipelagic waters. The Philippine Congress is considering the passage of a law designating archipelagic sea lanes and air routes thereabove, suitable for the continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial sea. As provided under UNCLOS and Philippine law, all ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes. Archipelagic sea lanes passage means the exercise in accordance with this Convention of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.

5.3.2. Waters Seaward of the Archipelagic Baselines. The waters seaward of the Philippine Baselines under RA 9522 includes the territorial sea, contiguous zone, exclusive economic zone and the high seas.

5.3.2.1. Territorial Sea. The breadth of the territorial sea as may be established by law shall not exceed 12 nautical miles, measured from baselines as drawn in accordance with RA 9522.The following national laws may be implemented in the territorial sea of the Philippines.



9157) f. Code on Sanitation of the Philippines (PD 856) g. Fisheries Code of the Philippines (RA 8550) as amended

by RA 10654 h. Forestry Reform Code of the Philippines (PD 705) i. Toxic Substances and Hazardous and Nuclear Wastes

Control Act of 1990 (RA 6969) j. Tariff and Customs Code (PD 1464) k. Immigration Act of 1940 (Commonwealth Act 613) l. Comprehensive Dangerous Drugs Act of 2002 (RA 9165) m. Firearms Law (PD 1866 as amended by RA 8294) n. Anti-Trafficking in Person Act of 2003 (RA 9208) o. Human Security Act of 2007 (RA 9372) p. Firecrackers Law (RA 7183)

5.3.2.2. Rights of Passage in the Territorial Sea. Ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the Philippine territorial sea. In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag. The Philippines may adopt laws and regulations, in conformity with the provisions of UNCLOS and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following:

a. the safety of navigation and the regulation of maritime

traffic; b. the protection of navigational aids and facilities and

other facilities or installations; c. the protection of cables and pipelines;


d. the conservation of the living resources of the sea; e. the prevention of infringement of the fisheries laws and

regulations of the coastal State; f. the preservation of the environment of the coastal State

and the prevention, reduction and control of pollution thereof;

g. marine scientific research and hydrographic surveys; h. The prevention of infringement of the customs, fiscal,

immigration or sanitary laws and regulations of the coastal State.

i. Such laws and regulations shall not apply to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards.

5.3.2.3. Contiguous Zone. The breadth of the contiguous zone as may be established by Philippine law shall not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. The Philippines may exercise the control necessary to:

a. Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; b. Punish infringement of the above laws and regulations committed within its territory or territorial sea. c. The following national laws may be implemented in the contiguous zone of the Philippines.

i. Marine Pollution Law (PD 979) ii. Pollution Control Law (PD 984) iii. Philippine Clean Water Act of 2004 (RA 9275) iv. Wildlife Resources Conservation and Protection


Act (RA 9157) v. Code on Sanitation of the Philippines (PD 856) vi. Fisheries Code of the Philippines (RA 8550) as

amended by RA 10654 vii. Forestry Reform Code of the Philippines (PD 705) viii. Toxic Substances and Hazardous and Nuclear

Wastes Control Act of 1990 (RA 6969) ix. Tariff and Customs Code (PD 1464) x. Immigration Act of 1940 (Commonwealth Act 613) xi. Anti-Trafficking in Person Act of 2003 (RA 9208)

5.3.2.4. Exclusive Economic Zone (EEZ).The Philippine EEZ shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. In the exclusive economic zone, the coastal State has:

a. sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; b. jurisdiction as provided for in the relevant provisions of UNCLOS with regard to:

i. the establishment and use of artificial islands,

installations and structures; ii. marine scientific research; iii. the protection and preservation of the marine

environment; iv. Other rights and duties provided for in UNCLOS.

The Philippines may, in the exercise of its sovereign rights to


explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with UNCLOS. The following national laws may be implemented in the EEZ of the Philippines.


9157) f. Fisheries Code of the Philippines (RA 8550) as amended

by RA 10654 g. Toxic Substances and Hazardous and Nuclear Wastes h. Philippine Mining Act of 1995 (RA 7942)

5.3.2.5. Right of Passage. In the EEZ all nations enjoy the right to exercise the traditional high seas freedom of navigation and over flight, of the laying of submarine cables and pipelines, and of all other traditional high seas uses by ships and aircraft which are not resource-related.

5.3.3. High Seas. The high seas refer to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. The high seas are open to all States, whether coastal or land-locked. 5.3.3.1. Rights Of Visit And Hot Pursuit.

a. Right of Visit (Article 110 of UNCLOS). Except where acts of interference derive from powers conferred by treaty, a


warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with UNCLOS articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:

i. the ship is engaged in piracy ii. the ship is engaged in the slave trade; iii. the ship is engaged in unauthorized broadcasting

and the flag State of the warship has jurisdiction under article 109;

iv. the ship is without nationality; or v. though flying a foreign flag or refusing to show its

flag, the ship is, in reality, of the same nationality as the warship.

b. In the cases provided for in the preceding paragraph, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration. c. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.

d. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

e. Right of Hot Pursuit (Article 111 of UNCLOS). The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to


believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established.

f. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with the Convention to the exclusive economic zone or the continental shelf, including such safety zones.

g. The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.

h. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by


the foreign ship.

i. The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. j. Where hot pursuit is conducted by an aircraft:

i. the provisions of paragraphs 1 to 4 shall apply

mutatis mutandis;

ii. the aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption.

iii. The release of a ship arrested within the

jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary.

iv. Where a ship has been stopped or arrested outside

the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it


shall be compensated for any loss or damage that may have been thereby sustained.

5.3.4. The Continental Shelf. The Philippine continental shelf comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. In accordance UNCLOS, the Philippines has an Extended Continental Shelf (ECS) on the Benham Rise in North Eastern Luzon over the Pacific Ocean. The Philippines is studying the submission of an ECS in the West Philippine Sea in due time.

5.3.4.1. Rights and Responsibilities of States Over the Continental Shelf. The Philippines exercises over its continental shelf and approved ECS sovereign rights for the purpose of exploring it and exploiting its natural resources. The rights referred to are exclusive in the sense that if the Philippines does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the Philippines. The rights of the Philippines over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. The natural resources referred to consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. The following national laws may be implemented on the continental shelf of the Philippines.



9157) f. Fisheries Code of the Philippines (RA 8550) g. Toxic Substances and Hazardous and Nuclear Wastes h. Philippine Mining Act of 1995 (RA 7942)

6. Conduct of Surveillance, Approach, and Interrogation of Vessels. This outlines the procedures governing the surveillance, interrogation, approach and stopping of vessels identified as critical contact of interest (CCOIs) during the conduct of maritime operations.

6.1. Maritime Interdiction Operations. A maritime interdiction operation (MIO) encompasses seaborne enforcement measures to intercept the movement of certain persons, vessels or goods into or out of a specific maritime area. MIO are normally restricted to the interception and, if necessary, boarding of CCOI to verify, redirect or apprehend persons or impound vessels and/or cargoes in pursuit of the maritime law enforcement operations. Units engaged in MIO normally exercise the right to perform the following:

6.1.1. Interrogate vessels for reasons other than safe navigation. 6.1.2. Send boarding parties to visit vessels bound to, through, or out of a defined area.

6.1.3. Examine each ship’s papers and cargo.

6.1.4. Search for evidence of prohibited items.

6.1.5. Divert vessels failing to comply with the guidelines set


forth by national authorities or bodies.

6.1.6. Seize vessels and their cargo that refuse to divert. 6.2. For a MIO to be recognized as lawful under international law, the provisions thereof must be applied to vessels of all nationalities, except military and government vessels. Force may be utilized, if required, to ensure compliance with interdiction operations. 6.3. Surveillance. Surveillance of the CCOI is vital to the collection of intelligence by the boarding party. As much intelligence as possible should be collected in case the CCOI becomes hostile. Essential elements of information (EEI) must be collected to support the conduct of operations shall include the following:

6.3.1. Number and type (civilian/government/military) of

personnel on board CCOI and the number;

6.3.2. Location and types of weapons carried.

6.3.3. Evidence of topside or portable weapons, such as machine guns or shoulder fired rockets;

6.3.4. Photographs of cargo on deck, hatches that lead into ship,

bridge configuration, and unusual activity;

6.3.5. Nature of cargo and how stowed;

6.3.6. Evidence of false waterlines;

6.3.7. Unusual obstructions on deck or any evidence of preparations to repel or impede boarding operations;


6.3.8. Maneuvers by CCOI to evade interdiction; and

6.3.9. Evidence of old markings painted over. 6.4. Approaching the CCOI. The patrol vessel shall use all available communication means and will make every effort to make her intentions and orders clear, by means of voice, international signals, or any other means available especially when the CCOI is a smaller vessel and may not have the standard communications kit found in bigger sea going vessels. During this, and all phases of interdiction operations, maneuver the patrol vessel to minimize susceptibility to a hostile act, such as ramming or hostile fire. If operating overtly, maintain a safe distance that minimizes the distance needed to be covered by the patrol vessel’s small boat once it is decided to conduct a boarding. Additionally, give consideration to positioning the patrol vessel on the CCOI’s port or starboard quarters within the most effective range of the patrol vessel’s crew served weapons, providing reasonable accuracy to the patrol vessel’s weapons and sufficient sea room for maneuvering, if required. If there is sufficient information and expectation that the CCOI is to be boarded, prepare the boarding team. 6.5. Interrogation Procedures. It is imperative that the overall tone of any hailing or interrogation be firm, yet cordial and non-confrontational. Note that the bridge watch and crew of the CCOI may not be proficient in English. To facilitate communication, the boarding team may have to locate someone who may not necessarily be the master. It is important, however, to ensure that the master is present during hailing and interrogation, even if the master does not speak English. Due to accents and informal languages, the responses may not be easily understood, with questions having to be repeated more than once. Request that words be spelled, if necessary. A list of ports in the area of operation should be prepared and used as a


ready reference. While maintaining a polite attitude, remain alert for any delaying tactics.

6.5.1. Initial Interrogation. A patrol vessel or an aircraft may conduct the initial interrogation. The purpose of this interrogation is to obtain the information about the CCOI to determine whether or not a boarding will be required. Units should make initial contact with the vessel on VHF channel 16, having attracted attention by night by the use of appropriate colored light. Interrogation procedures are then conducted on an assigned VHF working channel. To gain the attention of the CCOI, specifically if its name is unknown, refer to its latitude/longitude position in reference to a known geographic reference point, course, and speed. The following hail is recommended:

“Merchant vessel ____________, this is _____ ship/warship/aircraft. Request you state your port of origin, your flag, registry, international call sign, your cargo, your last port of call, next port of call, and final destination, over.”

If it is determined that a boarding operation will not be necessary based on stated destination, the following may be used to dispatch the CCOI:

“Merchant vessel ___________, this is ______ ship/warship/aircraft. We do not intend to conduct an inspection. You are instructed to proceed directly to your destination of _______________. Thank you for your cooperation.”

6.5.2. Subsequent Interrogation Prior to Boarding. If the decision to board is made, this should be relayed directly to the CCOI’s master. The following hail is recommended:


“Merchant vessel ___________, this is _______ ship/warship/aircraft. Intentions are to conduct a visit and search of your vessel in accordance with _________, and under the authority of ___________. We intend no harm to your vessel, cargo, or crew. If the inspection team confirms that your manifest is in order, your cargo accessible, and you are not carrying prohibited cargo, you will be allowed to proceed to your destination. Please stand by to accept my boarding team. You will need to (i.e., rig a ladder, stop your engines, and go to a holding point).”

6.5.3. If the CCOI’s master consents to being boarded, the following additional information should be obtained:

6.5.3.1. The total number of people on board the vessel, the

number of women, children, sick or injured.

6.5.3.2. Whether or not animals are carried on board the CCOI.

6.5.3.3. Any weapons and their location on board the CCOI.

6.5.3.4. The preferred location for placement of the pilot’s

ladder.

6.5.4. In addition, instruct the CCOI’s master to:

6.5.4.1. Have his crew muster in a space in open view of the boarding ship (to facilitate counting prior to boarding). The crewmembers not present at muster should be clearly stated by the vessel’s master.


6.5.4.2. Turn on all interior lights (and exterior, if at night).

6.5.4.3. Have all unlocked spaces opened as much as

possible and keys made readily available for all locked spaces.

6.5.4.4. Have all the ship’s papers and crew identification

brought to the bridge.

6.5.4.5. If boarding by boat, instruct vessel to slow to bare steerageway and come to a course suitable for boarding or to stop, depending on tactical situation.

6.6. Diversion Procedures. Following an interrogation, it may become apparent that a CCOI is carrying undocumented persons, prohibited cargo and/or proceeding to a prohibited port. Having this knowledge may present the option of simply diverting the CCOI to another port, if inbound, or returning to previous port, if outbound, vice conducting a boarding operation. CCOI may also have to be diverted to an inspection port or anchorage when weather conditions do not permit boarding, following with a boarding when it becomes apparent that the vessel may be carrying undocumented persons, prohibited cargo, or when the boarding team cannot easily check its cargo. 6.7. Stopping Procedures. The measures taken to stop a CCOI vary and depend on several factors. Rules on the Use of Force (RUF) and specific instructions from senior officers in the chain of command must be taken into account. It is assumed that the boarding ship is fully aware of the limits to the magnitude and type of force it may employ. Stopping the CCOI may not mean coming to a stop, but slowing to bare steerageway or dead slow ahead (depending on engineering


configuration and sea state) to support small boat operations. The following should be used to inform the master that his ship is to be boarded:

“Merchant vessel ________________, this is _______ ship/warship/aircraft. At this time, _________ intends to exercise its right to board and inspect under international law in accordance with its previously published notice to mariners. ___________ intends no harm to your vessel, its cargo, or your crew. Please stop/slow your vessel and stand by to accept __________ boarding team.”

At this point, a compliant CCOI will comply with the request and stop/slow. If a CCOI refuses to consent to inspection, it must divert (if inbound), return to port of origin (if outbound), or be considered for a non-compliant or hostile boarding. 6.8. Distress Calls. Deployed units shall give their fullest cooperation and assistance in responding to distress pursuant to the Safety of Life at Sea (SOLAS) Convention and other relevant international practices. 6.9. Documenting pursuit, boarding, search and seizure

6.9.1. Whenever available, a handheld high-resolution video camera or the remotely operated Electro Optical Director (EOD) camera on board the patrol vessel shall be used to obtain video documentation of pursuit, board, search and seizure operations. Alternatively, a photo documentation of the pursuit, board, search and seizure operations shall be obtained wherever available.


6.9.2. Once commenced, video documentation should be continuous. The date and time shall be accurately reflected in the video footages and photos taken. Video and photo documentation shall accurately depict the situation being recorded. This shall include the following whenever possible:

6.9.2.1. The Critical Contact of Interest (CCOI) on

approach

6.9.2.2. Communications between apprehending vessel and CCOI [e.g. Directives to CCOI and Long Range Audio Device (LRAD) warnings]

6.9.2.3. Sea state

6.9.2.4. CCOI condition and characteristics (e.g. cargo,

vessel seaworthiness, engine, equipment, navigation and communications fit, vessel name and flag)

6.9.2.5. CCOI behavior at sea, including its passengers and

crew

6.9.2.6. Unlawful activities being conducted (e.g. dumping of contraband or evidence)

6.9.2.7. Preparations for boarding of boarding party

6.9.2.8. Actual boarding, search and seizure operations

6.9.2.9. Identification and processing of passengers and

crew

6.9.2.10. Inspection and investigation of apprehended vessel and persons-in-custody or persons-in-care


6.9.2.11. Items seized and conduct of inventory

6.9.2.12. Apprehended vessel escort or towing operations

6.9.2.13. Handover of custody

6.9.3. The videographer or photographer shall execute a sworn statement in support of the photo and video documentation for purposes of authentication. Interruptions or breaks in the video documentation shall be accounted for in the statement. All photos taken shall be logged, identifying the image captured and stating the date, time and place of the photo or video, and explanation of the scenes depicted in the photos. 6.9.4. With due regard for operational security and other considerations, video documentation may be included in the Evidence Packet.

7. GENERAL GUIDELINES ON THE USE OF FORCE

7.1. This section provides legal and policy guidance for units involved in maritime law enforcement operations and those operating in support thereof. 7.2. As a matter of policy, military personnel will not directly participate in law enforcement activities and functions such as a search, seizure, arrest, or other similar activities unless:

7.2.1. authorized under specific legislations

7.2.2. provided with deputation orders; and/or

7.2.3. no other unit or personnel is available to conduct the

activity.

7.3. All units and personnel, while conducting maritime law


enforcement operations may use force in individual or unit self-defense, or in defense of others within the immediate vicinity of the law enforcement personnel. 7.4. Law enforcement personnel and military personnel performing law enforcement functions have the primary responsibility for protecting themselves. 7.5. Law enforcement personnel may not use force to facilitate the accomplishment of the underlying law enforcement operation. 7.6. Law enforcement personnel will make every effort to avoid confrontation, armed or otherwise, with non-mission personnel and civilians. If confrontation, armed or otherwise, appears likely to occur, law enforcement personnel should, if circumstances permit, take the following actions:

7.6.1. Alert all agency personnel in the unit’s vicinity or area and prepare to withdraw from the area if the situation is beyond the capability of the unit to sufficiently address; 7.6.2. Notify the National Coast Watch Center of the situation;

7.6.3. Withdraw to a pre-designated position (rally point) where confrontation with non-mission personnel and/or civilians will be avoided.

7.7. If force other than deadly force (non-deadly force) can be used without unreasonably increasing the danger or threat of death or serious physical injury to law enforcement personnel or others within the immediate vicinity of personnel or unit, deadly force is not necessary. 7.8. If feasible, and if to do so would not increase the danger


to law enforcement personnel or others, a verbal warning to cease the threatening actions will be given before using deadly force. 7.9. Warning shots are not authorized. 7.10. Law enforcement personnel may use force in individual or unit self-defense, or in defense of other persons within the immediate vicinity of the law enforcement personnel, or to prevent the actual theft or sabotage of property designated as vital to national security or inherently dangerous property. When force is used, only the minimum force necessary to control a situation or deter the use of force against law enforcement personnel or others within the immediate vicinity of threatened law enforcement personnel is authorized. 7.11. Guidance On Hostile Intent. Hostile intent is the threat of the imminent use of force. A determination of hostile intent is based on the existence of an identifiable threat recognizable on the basis of both of the capability and intention. The right to use force in self-defense arises either when forces have been attacked and/or when there is demonstrated hostile intent. Demonstrated hostile intent exists when there is a reasonable belief that an attack or use of force is imminent, based on an assessment of all the facts and circumstances known at the time.

7.11.1. Ascertaining Hostile Intent. In determining whether an entity is demonstrating hostile intent, forces will use their best judgment and consider available intelligence, political and military factors, indications and warnings, and all other relevant information concerning the capabilities of possible threats in the area of operations.

7.11.2. Indicators of Hostile Intent. There is no checklist of


indicators that will conclusively determine hostile intent. The following are examples of actions that may, depending on the circumstances, demonstrate hostile intent:

7.11.2.1. Aiming or directing weapons. 7.11.2.2. Adopting an attack profile. 7.11.2.3. Closing within weapon release range. 7.11.2.4. Illuminating with radar or laser designators. 7.11.2.5. Passing targeting information. 7.11.2.6. Failing to respond to the proactive measures listed

below in Paragraph 3d.

7.11.3. Proactive Measures that may Assist in Ascertaining Hostile Intent. In addition to the above indicators of hostile intent, time and circumstances permitting, forces should take proactive measures to assist in determining the intent of an opposing entity or force, including, but not limited to: 7.11.3.1. Verbal query 7.11.3.2. Verbal warning 7.11.3.3. Visual signals 7.11.3.4. Noise signals 7.11.3.5. Physical barriers 7.11.3.6. Changing course and speed to determine if

continuing to maintain an attack profile 7.11.3.7. Firing warning shots. 7.12. Guidance on Escalation of Force (EOF) In Self-Defense. In all self-defense situations, when confronted with circumstances in which the use of force may become necessary, it is appropriate to exercise control over the application of force so as to ensure that the use of force is justifiable. Consequently, when time and circumstances permit, use of force must always be graduated. Escalation of force (EOF) may involve sequential


actions that begin with non-deadly force measures and may graduate to deadly force measures. EOF procedures are designed to avoid unjustifiable use of force.

7.12.1. Graduated use of force. Graduated use of force requires that individuals confronted with a need to use force should always aim to use the least harmful option available in those circumstances. Indeed, one principal purpose of graduated use of force is to create operational time and space in the hope that there will be no need to escalate to use of deadly force in self-defense.

7.12.2. Use of force options. A variety of options for use

of force may be available in any given situation. The options available will often include:

7.12.2.1. Presence

7.12.2.2. Verbal and visual warnings, including display of weapons

7.12.2.3. Non-lethal weapons such as water cannons

7.12.2.4. Lethal weapons

7.12.3. Escalation of Force. There are a number of general considerations that should be taken into account in relation to EOF policy options:

7.12.3.1. EOF is concerned with employing the necessary option. Use of force options must be read within their context on every occasion – that is, the assessment as to what the minimum first response shall be should be made on a case-by-case basis. Use of an excessive option, where a less harmful option could reasonably have achieved the aim of neutralizing


or removing the threat in the circumstances encountered, may have legal consequences for individual users of force. 7.12.3.2. Where time and circumstances permit it is expected that less harmful options will be exercised before more harmful options are used.

7.12.3.3. Use of proactive measures to determine hostile intent and EOF measures are similar and may serve the same purpose. 7.13. Necessity to Use Deadly Force

7.13.1. “Deadly force” is force likely to cause death or serious physical injury. Use of deadly force must be objectively reasonable under all circumstances known to law enforcement personnel at the time. Force that is not likely to cause death or serious physical injury, but unexpectedly results in such harm or death, is not deadly force.

7.13.2. Deadly force is not authorized unless it is necessary. The necessity to use deadly force arises when:

7.13.2.1. Law enforcement personnel have a reasonable and honest belief that the subject of such force poses an imminent danger of death or serious physical injury to himself or others within their immediate vicinity; or 7.13.2.2. When there is no safe alternative to using such force, and without it, law enforcement personnel or others within their immediate vicinity would face imminent danger or threat of death or serious physical injury.

7.13.2.3. “Imminent” does not necessarily mean “immediate” or “instantaneous.” The determination of whether


a particular threat or danger is “imminent” is based on an assessment of all circumstances known to law enforcement personnel at the time. 7.14. Allowable Actions. The following are general lists of allowable actions depending on the type and nature of vessels subjected to surveillance or interdiction operations. 7.14.1. Actions Against Foreign Military Vessels. Law enforcement units will avoid confrontation with foreign military vessel. If confrontation, armed or otherwise, appears likely to occur, law enforcement unit should, if circumstances permit, take the following actions:

7.14.1.1. Alert all law enforcement personnel in the unit’s vicinity or area and prepare to withdraw from the area.

7.14.1.2. Notify the appropriate higher headquarters and nearest Philippine Navy unit in the area. 7.14.1.3. Withdraw to a pre-designated position where confrontation with the foreign military vessel will be avoided until further instructions from the National Command Authority has been issued.

7.14.1.4. Warning shots are not authorized.

7.14.2. Actions Against Foreign Civilian Government Vessels. Law enforcement unit will avoid confrontation with foreign government civilian vessel. If confrontation, armed or otherwise, appears likely to occur, law enforcement unit should, if circumstances permit, take the following actions:


7.14.2.1. Alert all LAW ENFORCEMENT personnel in the unit’s vicinity or area. 7.14.2.2. Notify the appropriate higher headquarters and nearest Philippine Navy and other friendly units in the area.

7.14.2.3. Withdraw to a pre-designated position where confrontation with the foreign civilian government vessel will be avoided until further instructions from the National Command Authority has been issued.

7.14.2.4. Warning shots are not authorized.

7.14.3. Actions Against Foreign Fishing Vessels. Law enforcement units will avoid confrontation with a fishing vessel. If confrontation, armed or otherwise, appears likely to occur, law enforcement unit should, if circumstances permit, take the following actions:

7.14.3.1. Alert all law enforcement personnel and BFAR

personnel in the unit’s vicinity or area.

7.14.3.2. Secure authority from appropriate headquarters to conduct vessel board, search, and seizure operations.

7.14.3.3. Order the foreign fishing vessel to divert and leave

Philippine waters.

7.14.4. Actions Against Foreign Merchant Vessel. Law enforcement personnel will avoid confrontation with a foreign merchant vessel. Law enforcement unit should, if circumstances permit, take the following actions:


7.14.4.1. Monitor the movement of the foreign merchant vessel and ensure its safety and security when so warrant.

7.14.4.2. Verify the identity of the vessel and ensure that it is not a pirated vessel.

7.14.4.3. Ensure that the passage of the merchant vessel

remains innocent pursuant to international maritime laws, rules, and regulations.

If the merchant vessel shows actions other than those allowed under the regime of innocent passage, a verbal or visual warning to cease the threatening actions will be given before using any force against the vessel. 7.15. Actions Requiring Use of Non-Lethal Force. Law enforcement units may use force in individual or unit self-defense, or in defense of other persons within the immediate vicinity of their personnel, or to prevent the actual damage to government property. When force is used, only the minimum force necessary to control a situation or deter the use of force against law enforcement personnel or others within the immediate vicinity of threatened law enforcement personnel is authorized.

7.15.1. Normally, force is to be used only as a last resort,

and should be the minimum necessary. The use of force must be reasonable in intensity, duration, and magnitude based on the totality of the circumstances to counter the threat. If force is required, non-lethal force is authorized and may be used to control a situation and accomplish the mission, or to provide self-defense of law enforcement forces, or in defense of the ship, when


doing so is reasonable under the circumstances. Deadly force is authorized only when all lesser means have failed or cannot reasonably be employed and the circumstances otherwise justify the use of lethal force.

7.15.2. General direction regarding the appropriate use of

force can be divided into five broad categories related to the goals of the units providing support and behavior of subject audience. They are: Intimidate/Control Deny/Obstruct/Impede, Disorient/Distract, Disable/Incapacitate, and Cause Death/Serious Injury.

7.15.2.1. Intimidate/Control. In most cases, the subject audience will comply with the verbal instructions or commands. When time and circumstances permit, the individual(s) or group should be warned and given the opportunity to withdraw with the goal of preventing the escalation of force. Verbal commands used with firmness and tact should be sufficient to control the situation. Additionally, the law enforcement unit’s resolve can be implied by mere presence, donning protective gear, or forming into battle control formations.

7.15.2.2. Deny/Obstruct/Impede. At this level, the subject audience exhibits usually simple resistance or refusal to obey instructions and there is no immediate danger of a physical confrontation. The use of tactics, techniques and procedures to deny the subject audience presence in or access to an area or to obstruct or impede their movement is authorized.

7.15.2.3. Disorient/Distract. At this level, actual physical resistance may be encountered. Resistance is commonly manifested by continued refusal to comply with directions


coupled with threatening behavior and open defiance. The use of non-lethal weapons (NLWs) that cause physical disorientation and distraction may be authorized by the appropriate approval authority.

7.15.2.4. Disable/Incapacitate. This is the level at which law enforcement personnel are in imminent danger of bodily injury. It is generally characterized by the subject audience using physical attacks or other combative actions to prevent apprehension or otherwise frustrate enforcement operations. The use of Service-approved, unit-issued NLWs that cause physical discomfort, physical incapacitation or blunt trauma are authorized. Care should be exercised in employing such options as they may cause painful or debilitating injuries, and in some rare cases, death.

7.15.2.5. Cause Death/Serious Injury. In the final level, the subject audience behaves in a manner that is combative and poses an imminent threat of death or serious bodily harm. In such cases, law enforcement forces may respond with deadly force. While deadly force is to be used only when all lesser means have failed or cannot reasonably be employed, lethal force is authorized under the succeeding sections. 7.16. Supplemental Instructions. Supplemental instructions to these rules are provided herein. If further instructions are necessary, the same may be recommended by the Director, National Coast Watch Center. This compendium provides rules that are divided into groups that deal with different areas of operational activity. Within these groups there are a number of series of rules, each of which regulates a distinct activity. These are supplemental measures provided to operating units and must be treated in such a manner as to clarify the general rules prescribed in the preceding sections. Spare numbers are provided for the drafting of rules not


included in the compendium as may be determined by the National Coast Watch Center.

GROUP 1-4 USE OF FORCE IN THE DEFENSE OF SELF AND OTHERS

Series 1 Use of Force in Individual Self-Defense Purpose: To regulate the right to use force in individual self-defense.

Rule

1A Use of force, up to and including deadly force, in individual self- defense is permitted.

1B Use of non-deadly force in individual self-defense is permitted.

1C-Z Spare.

Series 2 Use of Force in Unit Self-Defense Purpose: To regulate the right to use force in unit self-defense.

Rule

2A Use of force, up to and including deadly force, is permitted in unit self-defense.

2 B Use of non-deadly force in unit self-defense is permitted.

2 C Use of non-deadly force where there is likelihood of damage to property that will lead to injury of persons in own unit or other units of own nation is permitted.

2 D

Use of force, up to and including deadly force, where there is a likelihood of damage to property that will lead to an imminent threat to life in own unit or other units of own nation is permitted. Note: Defense of property in such situations is an exercise of the right of unit self-defense in situations where the unit or persons in the unit are in peril. See Series 40 for measures regarding the use of force to protect property.

2 E– Z Spare.


Series 3 Use of Force for the Protection of Others

Purpose: To regulate the use of force for protection of persons who are not members of the Force.

Rule 3A Use of force for the protection of others is prohibited.

3B Use of non-deadly force for the protection of Filipino citizens is permitted.

3 C Use of force, up to and including deadly force, to prevent the commission of a serious crime against a Philippine flagged vessel is permitted.

3D-Z Spare. GROUP 4-7

USE OF FORCE FOR MISSION ACCOMPLISHMENT Series 4 Protection of Freedom of Movement of Persons

Purpose: To regulate the use of force in providing freedom of movement of personnel.

Rule

4A Use of force to prevent interference with the freedom of movement of persons belonging to the Force is prohibited.

4 B Use of non-deadly force, to prevent interference with the freedom of movement of persons belonging to the Force, is permitted.

4C-Z Spare. Series 5 Prevention of Interference with Ships

Purpose: To regulate the circumstances in which force may be used to prevent unauthorized boarding or seizure of ships or aircraft.

Rule

5A Use of force to prevent unauthorized boarding of ships/aircrafts is prohibited.

5B Use of non-deadly force to prevent unauthorized boarding of Philippine flagged vessels is permitted.

5C Use of force, up to and including deadly force to prevent unauthorized boarding of SARV __, MCS __, AE 891, is


permitted. 5D-Z Spare.

Series 6 Warning Shots Purpose: To regulate the use of warning shots other than in self-defense.

Rule 6A Firing of warning shots is prohibited.

6B Firing of warning shots is permitted when authorized by National Command Authorities

6C-Z Spare. Series 7 Disabling Fire Purpose: To regulate the use of disabling fire.

Rule 7A Use of disabling fire is prohibited.

7B Use of disabling fire is permitted when authorized by National Command Authorities

7C-Z Spare. GROUP 8-9

OPERATIONS RELATED TO PROPERTY Series 9 Use of Force to Protect Property Purpose: To regulate the use of force to protect property.

Rule

9A Use of non-deadly force to protect property belonging to the Force is permitted.

9B Use of force, up to and including deadly force, to protect property belonging to the Force is permitted.

9C-Z Spare. Series 10 Protection of Vital/Mission Essential/Specified Property

Purpose: To regulate the use of force in the protection of vital property, mission essential property, and other specified property.

Rule


10A Use of non-deadly force to protect ship property is permitted.

10B Use of force, up to and including deadly force, to protect hull and machinery of ships is permitted.

10C-Z Spare. Series 11 Diversions Purpose: To regulate the use and enforcement of diversions.

Rule 11A Ordering of diversions is prohibited.

11B Advising foreign fishing vessels to avoid fishery exclusion areas is permitted.

11C Ordering of diversions to merchant ships en route to Philippine ports for routine board and search purpose is permitted.

11D Use of non-deadly force to compel compliance with diversion instructions is permitted.

11E-Z Spare. GROUP 12

CARRYING OF WEAPONS Series 12 Authority to Carry Weapons Purpose: To regulate carrying of weapons.

Rule

12A Carrying of weapons by members of the Force within the ship is prohibited.

12B Carrying of weapons by members of the Force during board and search is permitted.

12C-Z Spare. GROUP 13-15

MARITIME OPERATIONS Series 13 Maritime Law Enforcement

Purpose: To regulate the use of force in the conduct of maritime law enforcement operations in own maritime territories and jurisdiction


Rule

13A Use of non-deadly force to enforce resource-related legal regimes and relevant domestic law in the exclusive economic zone and on the outer continental shelf is permitted.

13B Use of force, up to and including deadly force, to enforce resource- related legal regimes and relevant criminal law in the exclusive economic zone and outer continental shelf is permitted.

13 C Use of non-deadly force to enforce fiscal, immigration, sanitary, and customs legal regimes and relevant domestic law in the contiguous zone is permitted.

13 D Use of force, up to and including deadly force to enforce fiscal, immigration, sanitary, and customs legal regimes and relevant domestic law in the contiguous zone is permitted.

13 E Use of force, up to and including deadly force, to halt non-innocent passage in the territorial sea is permitted.

13 F Use of force, up to and including deadly force, to conduct law enforcement in national waters is permitted.

13 G-Z Spare. Series 14 Boarding Purpose: To regulate the boarding of ships.

Rule 14A Boarding of ships is prohibited. 14B Compliant boarding of merchant ships is permitted.

14C Compliant boarding of foreign flagged vessels where there are reasonable grounds for suspecting that the ship is engaged in piracy, slave trading, ship without nationality, ship engaged in unauthorized broadcasting, and ship engaged in the transport of narcotic products is permitted.

14D Non-compliant boarding of merchant ships and foreign fishing vessels is permitted when authorized by National Command Authorities.

14 E-Z Spare.


Series 15 Suppression of Piracy

Purpose: To regulate the use of force to suppress piracy.

Rule

18A Use of force, up to and including deadly force, in suppression of piracy is permitted.

18B Continued pursuit of a fleeing pirate ship or pirate aircraft that proceeds into the territorial sea, archipelagic waters or airspace of a coastal state is prohibited.

18C-Z Spare. 8. RULES ON PROCESSING OF SEIZED VESSELS OR GOODS AND PERSONS IN CARE OR CUSTODY

8.1. The following rules provide general guidance on the handling of seized vessels or goods and persons in care or custody after apprehension and while at sea. 8.2. Inspection of Vessels

8.2.1. Identify and conduct a safety clearance of the most appropriate area aboard the vessel or patrol unit for the safe assessment, processing, care and transport of persons-in-care and/or persons-in-custody (PICC). 8.2.2. Conduct a search of the vessel for weapons, evidence or prohibited goods and its seaworthiness in the presence of the master of the vessel or his representative who is preferably an officer. Locate and obtain the registry of the ship, crew list, cargo manifest, passenger manifest, clearance, logbook and other pertinent documents in the vessel. Investigate the vessel and its crew for possible offenses or violations of applicable laws.


8.2.3. All items obtained from the search of the vessel shall be treated either as evidence or properties held in trust. The items shall be inventoried and secured and placed under the custody of the Evidence Custodian under the control and supervision of the Boarding Officer. The Boarding Officer shall require the master of the vessel, or if he refuses, any PICC, to sign the Inventory attesting to its veracity. Should they refuse to sign the inventory, the same shall be so indicated therein.

8.3. Inspection of Personnel

8.3.1. In a cleared area, quickly muster all PICC and conduct a head count. Obtain identification documents from the PICC, if any. Immediately conduct a pat down search of each person for any potential weapons or other evidence. A listing of the items obtained during the pat down search shall be included in an inventory to be accomplished by the Evidence Custodian. 8.4. Apprehension of Vessels

8.4.1. In cases where a vessel requires to be relocated or warrants further detention, the vessel shall be escorted to and detained at any support facility designated by the supported agency or to the nearest port. 8.4.2. Towing the apprehended vessel shall be resorted to only if she cannot steam on her own power. 8.5. Apprehension of Personnel

8.5.1. On the basis of the search and investigation conducted, a determination shall be made whether there is cause to place the PICC under arrest (person-in-custody) or merely placed under care (persons-in-care) and whether the relocation of the apprehended vessel is required.


8.5.2. If there is cause, an arrest is done through the taking of a person into custody in order that he may be bound to answer for the commission of a violation of law or an offense. An arrest is made by the actual restraint of a person to be arrested or by his submission to the custody of the person making the arrest. No unnecessary force or violence shall be used in making the arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. 8.5.3. A person placed under arrest shall be informed that he is being placed under arrest, stating the authority of the apprehending officer and the cause of the arrest, unless the person being arrested is either engaged in the commission of an offense or forcibly resists before the apprehending officer has opportunity to so inform him. A person-in-custody shall be informed of his rights under the laws of the Philippines.

8.5.4. A PICC List shall be prepared containing the following information:

8.5.4.1. Date, time and location (longitude and latitude) of

the apprehension;

8.5.4.2. Names, ages, citizenship, civil status, address of PICCs;

8.5.4.3. Name, nationality, origin, destination and cargo of

apprehended vessel;

8.5.4.4. An assessment of the persons demeanor and health;

8.5.4.5. Identifying marks or features of each PICC;


8.5.4.6. Factors that may require special consideration or care;

8.5.4.7. Photographs of the PICC corresponding to their

names in the PICC list;

8.5.4.8. Cause of arrest of any persons-in-custody

8.5.4.9. Cause of placing any person-in-care

8.5.4.10. Names, rank and designation of the Boarding Party

8.5.4.11. Name, rank and designation of apprehending officer(s)

8.5.4.12. Name of apprehending vessel

8.5.5. For ease of identification, the PICC shall be provided identification tags with the following details stated:

8.5.5.1. Name

8.5.5.2. Date of birth or age

8.5.5.3. Citizenship or Nationality

8.5.5.4. If the person has been placed under arrest and the

cause of his arrest or if he is a person-in-care

8.5.5.5. Vessel Name

8.5.6. The Commander of the patrol vessel shall report the apprehension of persons and vessels to his Commanding Officer simultaneously with the National Coast Watch Center or the nearest Regional Coordinating Center. The National Coast Watch Center shall inform the pertinent Liaison Officer of the


supported agency of the apprehension of the vessel and PICC. Whenever practicable, a copy of the PICC List shall be transmitted by the Boarding Officer to the nearest immigration post in case of aliens and other appropriate national authorities. 8.5.7. The apprehending officer shall prepare an Apprehension Report detailing the circumstances of the apprehension and execute an Affidavit of Arrest.

8.6. Handover

8.6.1. Upon arrival at the designated support facility or transfer location, a briefing shall be conducted before custody of the apprehended persons and vessels and seized goods are turned over to the appropriate authorities. The Commander of the patrol vessel and the Boarding Officer shall turnover custody to the appropriate receiving officer under a Turnover Receipt indicating their condition upon turnover of custody of the following:

8.6.1.1. Apprehended vessel 8.6.1.2. PICC

8.6.1.3. Apprehension Report

8.6.1.4. PICC List

8.6.1.5. Affidavit of Arrest

8.6.1.6. Inventory of Seized Items

8.6.1.7. Evidence and Seized Goods

8.6.2. A medical examination shall be immediately conducted of all PICC to be turned over to determine their physical condition


and state of health at the time of the handover. A copy of the medical certificate issued by the examining physician shall be provided the Commander of the patrol vessel or his duly authorized representative.

9. EFFECTIVE DATE. This protocol shall be adopted pursuant to a National Coast Watch Council Resolution approving the same and shall be effective 15 days after the publication in the Official Gazette or at the Office of the National Register (ONAR) at the UP Law Center.


TITLE FOUR

MARITIME INFORMATION SHARING PROTOCOL6

6 Annex C of the National Coast Watch Center Concept of Operations


1. REFERENCES: 1.1. Executive Order No. 57 s. 2011 (Establishing a National

Coast Watch System, Providing for its Structure and Defining the Roles and Responsibilities of Member Agencies in Providing Coordinated Inter-Agency Maritime Security Operations and for Other Purposes).

1.2. Executive Order No. 82 s. 2012 (Operationalizing the

Practical Guide for National Crisis Managers and the National Crisis Core Manual; Establishing National and Local Crisis Management Organization; and Providing Funds thereof).

1.3. Executive Order No. 608 s. 2007 (Establishing a National

Security Clearance System for government personnel with access to classified matters and for other purposes).

1.4. Memorandum Circular No. 78 s. 1964 (Security of

Classified Matter in Government Departments and Instrumentalities).

1.5. Memorandum Circular No. 196 s. 1968 (Communication

Security). 2. BACKGROUND: The National Coast Watch System (NCWS) aims to provide a coordinated and coherent approach on maritime issues and maritime security operations towards enhancing governance in the country’s maritime domain. Attaining this mandate would require an effective coordinative and collaborative mechanism among member and support agencies in order to facilitate situational awareness and support decision making to address maritime related issues and threats.


3. PURPOSE: This protocol aims to promote guidelines and procedures for the conduct of information sharing among member and support agencies of the National Coast Watch System. 4. DEFINITION OF TERMS:

4.1. Classification– refers to the categories used to classify official matter which requires protection in the interest of national security. 4.2. Custodian – is an individual who has possession of or is otherwise charged with the responsibility for safeguarding and accounting of classified material. 4.3. Document– refers to any record information regardless of its physical form or characteristics and includes but is not limited to the following:

4.3.1. written matter, whether hand-written, printed or

typed;

4.3.1.1. all painted, drawn or engraved matter;

4.3.1.2. all sounds and voice recordings;

4.3.1.3. all diskettes, compact discs, DVD, USBs used to save information;

4.3.1.4. printed photographic and exposed or printed films,

still or moving; and,

4.3.1.5. all reproductions of the foregoing by whatever process.


4.4. International Partners – refers to countries and foreign governments working hand in hand with the Philippine Government to achieve the objectives of the NCWS. 4.5. Responsibility to Share – ensure that information with any potential relevance is shared with those who need intelligence to perform their mandates. 4.6. Actionable Intelligence – intelligence report that can and should be acted upon immediately.

5. GUIDING PRINCIPLE FOR INFORMATION SHARING:

5.1. This protocol adopts the “responsibility to share”

principle. The ability for the NCWS to anticipate, detect and deter maritime issues and threats depends on integration and timely delivery of actionable intelligence to decision makers. Hence, it shall be a responsibility for every member and support agencies to make information accessible, available, and discoverable at the earliest point possible to concerned agencies whose mandate requires the knowledge thereof.

5.2. This protocol does not alter established security laws and

procedures. However, concerned agencies that were granted access to certain information shall establish appropriate measures to ensure the security and confidentiality of that information from unauthorized disclosure.

6. GENERAL POLICIES AND PROCEDURES:

6.1. Conduct of information sharing shall be guided by the

framework in Annex A, flow process in Annex B, and Stakeholders Information Sharing Matrix in Annex C.


6.2. The National Coast Watch Center (Center) and Regional Coordinating Center/s (RCC) shall be the focal point for the sharing of maritime information at the national level and the operational areas respectively.

6.3. The Maritime information sharing shall cover but not

limited to the following:

6.3.1. Information on territorial concerns; piracy; armed robbery at sea, terrorism; proliferation of WMD; human trafficking; drug trafficking; firearms trafficking; smuggling; poaching; illegal fishing; illegal logging; illegal entry, transport of endangered species/marine resources and other illegal maritime activities;

6.3.2. Information on people and/or organization involved in illegal maritime activities to include its plans and activities;

6.3.3. Information vessels and routes/transit points used

for illegal maritime activities;

6.3.4. Information on vessels that transits the Philippine waters to include its flag, type, cargo, tonnage, position, speed, crew, next port of call, last port of call, track history and other pertinent data;

6.3.5. Information on Philippine registered vessels to

include its activities, location and other pertinent data;

6.3.6. Information on sea incidents/mishaps such as

sinking, collision, fire, grounding, oil spills and other similar activities, either manmade or natural; and


6.3.7. Other information relevant to the maritime security; maritime safety; protection of marine resources, port facilities, critical marine infrastructures and installations; and border management.

6.4. The method for reporting an information shall be as follows:

6.4.1. Regular Reports:

6.4.1.1. Daily Maritime Information Brief (DMIB) –

is a daily report that contains collected maritime information from various sources and the entries therein are classified by threats, incidents, and other relevant issues. This report will be submitted not later than 1700H to the Center/RCC.

6.4.1.2. Maritime Assessment Report (MAR) – is a monthly report that contains summary of collected maritime information and is capped with an assessment on the different threats, incidents and other relevant issues. This report shall be submitted not later than every 10th of the succeeding month to the Center.

6.4.2. Other Reports:

6.4.2.1. Spot Report – is a report that will have particular

implications on national security and public welfare, and/or which would require an immediate agency or inter-agency action or response. It contains basic information that answers the five W’s (who, what, when, where, and why) and other pertinent information that are available. This


report shall be transmitted immediately to the Center/RCC via the fastest available communication or collaboration facility.

6.4.2.2. Progress Report – is a report that covers an on-going development for a particular issue or incident. This report shall be transmitted periodically by the lead agency to the Center/RCC as obtained.

6.4.2.3. Answers to Request for Information (RFI) –

is a report that provides information/details required by Higher Authority or concerned agency regarding a specific threat or situation.

6.4.2.4. Special Report on a Specific Maritime

Threat – is an intelligence report regarding specific maritime threat, their activities and plans, and other incident considered to be of specific value. This report shall be submitted to the Center/RCC is obtained.

6.5. The method of transmitting information shall be through

any of the following modes: 6.5.1. By the designated agency liaison officer. 6.5.2. By the officially designated courier. 6.5.3. By the secured communication or collaboration

facility as established by the Center. 6.6. Roles and Responsibilities:

6.6.1. National Coast Watch Center:


6.6.1.1. Responsible for the proper implementation of this protocol;

6.6.1.2. Gather, consolidate, synthesize and disseminate reported maritime information to concerned agencies.

6.6.1.3. Provide strategic assessment on reported maritime

information to the National Coast Watch Council.

6.6.1.4. Establish and maintain database of reported maritime information.

6.6.1.5. Establish and maintain coordinative linkages with

International partners and other Philippine government agencies/maritime stakeholders for information exchange.

6.6.1.6. Facilitate Request for Information (RFI) to

concerned agencies.

6.6.1.7. Conduct review and provide recommendations for the amendments of this protocol as deemed necessary.

6.6.1.8. Perform other functions as directed by the Council.

6.6.2. Regional Coordinating Centers:

6.6.2.1. Gather, consolidate, synthesize and disseminate

reported maritime information to the Center and concerned agencies in the AOR.

6.6.2.2. Provide Maritime Assessment Report on collected information in the AOR to the Center.


6.6.2.3. Facilitate RFI to concerned agencies in the AOR.

6.6.2.4. Perform others functions as directed by the Council.

6.6.3. NCWS Members and Support Agencies:

6.6.3.1. Provide timely, accurate and relevant maritime

information, reports and assessments to the Center/RCC as indicated in Par. 6c and 6d.

6.6.3.2. Provide access to maritime related database and monitoring system as requested.

6.6.3.3. Provide responses to RFI as requested.

6.6.3.4. Perform other functions as directed by the Council.

7. Security

7.1. Personnel designated to be the custodian or have been granted access to classified documents shall have appropriate clearance as prescribed in Executive Order No. 608.

7.2. Handling, Classification, Reproduction, Transmission,

Storage and Destruction of Documents shall be in accordance with Memorandum Circular No. 78 s. 1964 and Memorandum Circular No. 196 s. 1968.

7.3. Transmission of classified documents via electronic

means or electronic mail shall always be encrypted using the issued encryption software.


8. RECISSION All publication inconsistent with this Protocol is hereby rescinded. 9. EFFECTIVITY: This Protocol shall take effect upon Publication.

ANNEX A OF THE INFORMATION SHARING PROTOCOL

Information Sharing

Core Manual

All publication inconsistent with this Protocol is hereby rescinded.

This Protocol shall take effect upon Publication.

ANNEX A OF THE INFORMATION SHARING PROTOCOL

Information Sharing Framework

OF THE INFORMATION SHARING PROTOCOL

Information Flow Process

National Coast Watch System Core Manual |

ANNEX B OF THE INFORMATION SHARING PROTOCOL

Information Flow Process

| 107

OF THE INFORMATION SHARING PROTOCOL


ANNEX C OF THE INFORMATION SHARING PROTOCOL

Stakeholders Information Sharing Matrix


TITLE FIVE

NATIONAL PLAN FOR MARITIME CAPABILITY DEVELOPMENT


1. EXECUTIVE SUMMARY The Philippines’ strategic location is a gateway of opportunities and challenges. As it sits along the vital sea lanes of trade and communication, it is considered as the world center of maritime activities. Such centrality has made it also prone to various forms of security threats coming from within its boundaries and external thereto. Hence, the need for an enhanced Maritime Situational Awareness (MSA) and Maritime Security Response are herein explored. The Philippines in general will continue to rely on maritime resources to sustain its governance, development and security. A lack of timely and appropriate awareness of its maritime surroundings and situation will result to poor decision making and eventual loss of maritime assets and resources for its own use. Unto this, the Philippine Maritime agencies must be able to operate and maintain appropriate maritime response forces and maritime situational awareness systems that would ensure security among priority areas where known threats and vulnerabilities are likely to affect overall maritime security. This condition requires capabilities for Maritime Situational Awareness which would persistently provide situation monitoring of Philippine maritime domain, provide information exchange & distribution, provide situation assessment and provide relational database management and report generation. NCWS capability development, in this case, is geared to achieve Maritime Situational Awareness and Security Responses within the whole Philippine archipelago. Specifically, the whole capability and shall be able to achieve the following:

a. Enabled Inter-Agency Secure Communications and Information Exchange with NCWC

b. Enhanced Inter agency Command and Control (C2) c. Enhanced Monitoring of the West Philippine Sea (WPS)


d. Enhanced Monitoring of Southern Philippines e. Enhanced Monitoring of Central Philippines f. Enhanced Monitoring of Northern Philippines g. Increased Member Agency Mandated Capacity &

Capabilities for MSA & Maritime Security Responses

Development of the above-cited Inter-Agency capability should be guided by the following:

a. Focus on key / sole agency mandate b. Identify and address the gaps c. Minimize overlaps d. Ensure interoperability e. Pursue Unified Action for maritime security surveillance

/ response f. Enhanced Capability-building program g. Sustained Capability Development

In the end, realization of the Capability Development Plan will lead toward our vision of becoming a Global Leading Maritime Nation. 2. INTRODUCTION

2.1. PURPOSE AND SCOPE The purpose of this document is to lay down a common understanding and direction of the National Coast Watch System (NCWS) Maritime Inter-Agency Capability Development in order to achieve effective governance of the country’s maritime domain towards maritime security and sustained economic development. It covers the capacity and capability building of the NCWC (Center) and that of agencies supporting the NCWC


2.2. DEFINITIONS Maritime Security (MS), as defined by 1994 National Marine Policy “is a state wherein the country’s marine assets, maritime practices, territorial integrity, and coastal peace and order are protected, conserved, and enhanced. Maritime Situational Awareness (MSA) refers to the knowledge obtained from the integrated collection, analysis and exchange of information that relates to the maritime environment which are all used to support decision making for governance, development and security undertakings. Sustained Economic Development (SED) refers to the balance of economic growth with social and environmental needs. In order for economic growth to be considered sustainable, it must not compromise resources or environmental factors for the future.

3. MARITIME OPERATING ENVIRONMENT

3.1. General Characteristics The Philippines maritime environment is characterized by interdependency, conflicting claims, common safety concerns, calamity, and finite maritime resources. The Philippines maritime environment is the second-largest and one of the naturally rich archipelagos in the globe. It comprises 30% of the 24,000 islands of the archipelagic South East Asia. The Philippines is strategically located within the global center of marine biodiversity and astride the busiest sea lanes in South East Asia. Meanwhile, the defense of the territorial integrity, enhancement of maritime security and mitigation of natural disasters heavily rely on a timely, integrated, secured and robust information support to decision makers that cut across


the different levels of governance, development & security. With the vast expanse of our coastlines and the breadth of our maritime zones, maritime situational awareness is critical in facilitating persistent maritime surveillance and expedient and efficient response against a range of maritime threats.

In this situation, the security, development and protection of the national maritime jurisdiction and entitlements relies on achieving timely information and support to decision makers that cut across the different levels of government and various maritime sectors. This is to ensure that the Philippines shall achieve freedom of action and deny this from adversaries, both perceived and potential, through the unity of effort of users and decision makers through the integration of inter-agency efforts, friendly information sources and processes.

3.2. Threats and Vulnerabilities of the Maritime Environment

3.2.1. Threats to Maritime Security - The following

constitute the maritime threats that the National Government must be on watch:


3.2.1.1. State Actors – threats typically arising from foreign government employing naval/ military capabilities and other instrument of power against the Philippine Government in general.

3.2.1.2. Non-State Actors – are unconventional threats arising from individual or organized groups that do not represent any government or state. Typical examples of these are terrorism, organized crime, subversion, saboteurs, and hackers.

3.2.1.3. Natural – threats generally inflicted by natural

calamities such as typhoons, tsunami, and earthquakes.

3.2.1.4. Accidental – are threats that are generally

unpredictable incidents brought about by operating beyond the established maritime safety standards, human error and other unintentional disruptions of operations or living condition brought about by ecological and economic interactions within the maritime environment.

3.2.2. Vulnerabilities of Existing Capabilities - The

following constitute the vulnerabilities of the Philippines to achieve maritime security against the above cited threats:

3.2.2.1. Maritime Security Operation Vulnerabilities

a. No overarching Unified Action for Command & Control of:

i. Inter-Agency Port & Harbor Operations


ii. Inter-Agency Intelligence-Surveillance- Reconnaissance Operations

iii. Inter-Agency Patrol Operations

iv. Regional Coordinating Center for Maritime Security

b. Lack of credible maritime force to patrol, secure &

defend:

i. Ports & Harbor Areas

ii. Littoral & Offshore Areas

iii. Critical Maritime Offshore Resource Areas 3.2.2.2. Maritime Situational Awareness Vulnerabilities

a. Technical vulnerabilities brought about by:

i. Lack of Information & Communication Technology

systems for maritime security agencies

ii. Un-integrated system information & communications technology among maritime agencies

b. Information Security Vulnerabilities:

i. Inadequate Information system security

infrastructure

ii. Un-encrypted communications & information system network


iii. Limited hardening of physical security attributes of critical information & operation centers

iv. Limited or unmanaged information access over

existing networks 3.3. Risk Considerations In Capability Development The Philippines in general will continue to rely on its maritime resources to sustain its governance, development and security. A lack of timely and appropriate awareness of its maritime surroundings and situation will result to poor decision making and eventual loss of maritime assets and resources for its own use. Unto this, the Philippine maritime agencies must be able to operate and maintain appropriate maritime response forces and maritime situational awareness systems that would ensure security among priority areas where known threats and vulnerabilities are likely to affect overall maritime security. 3.4. Strategic Imperatives In view of the risks associated with known threats and vulnerabilities, the following strategic imperatives must be pursued and provided with technology support to achieve MSA and Maritime Security:

3.4.1. Persistent monitoring of vital maritime resources and

approaches

3.4.2. Information sharing of maritime environment data

3.4.3. Intelligence gathering

3.4.4. Command & Control operation– requires C2 of forces for effective and coordinated response with concerned interagency and international cooperation


3.4.5. Maritime Security Response Forces 4. INTER-AGENCY CORE CAPABILITIES

4.1. Maritime Situational Awareness Maritime Situational Awareness (MSA) refers to the knowledge obtained from the integrated collection, analysis and exchange of information that relates to the maritime environment which are all used to support decision making for governance, development and security undertakings. MSA is generally conceived as a picture and/or a visualization of what is happening in the maritime environment. It is a compilation of information that links the identity, location, known patterns, present & perceived activity of ships, things, people, maritime resources and other political, economic, ecological and safety issues within and adjacent to the maritime environment. The generated picture is a product of multi-source collection of information, ranging from the navy-military classifications to other government agencies as well as commercial information or data on environmental, oceanographical, meteorological, ecological, geo-political and economic to local / regional activity patterns of fishing, shipping & exploration in the maritime environment. These various forms of information, the user and the decision makers which are generally geographically separated are adequately linked by information technology support. In terms of technology, MSA is a system-of-system. It is a highly integrated network of communications system and information system. It is characterized by different types of deployed electronic sensors system which are linked by various forms of communications system and electronic processing system to form a picture of collected information. These are


physically and/or logically integrated at various levels of command or operation centers where data and information are fused, stored, processed, analyzed and the knowledge obtained therein are exchanged to users and decision makers across different levels of command and partner agencies.

4.1.1. Inter-Agency Capability Requirements

4.1.1.1. Provide IA Situation Monitoring of PH Maritime

Domain

a. Monitor maritime entities such as ships, passengers, cargo, ports, harbors

b. Monitor maritime areas such as sea routes, territorial waters, contiguous zones, continental shelf, EEZ, archipelagic sea lanes

c. Monitor maritime activities / industries such as fishing,

oil exploration, trades, shipping

4.1.1.2. Provide IA Information Exchange & Distribution

a. Communicate with member agencies thru voice, text, data, video

b. Collaborate & coordinate maritime information, intelligence & operations with member agencies in real & near-real time

4.1.1.3. Provide IA Situation Assessment

a. Acquire, record, store, display, share & assess geospatial

information of maritime area, things & people


b. Acquire, record, store, display & share still imagery & full motion video of maritime area, things & people

c. Integrate, analyze & display all sources of maritime

information into a relevant Common Operating Picture of maritime area, things, people with current & future operational information & intelligence

4.1.1.4. Provide IA Relational Database Management &

Report Generation -Acquire, record, store, display & print:

a. Operational & Event Reports

b. Intelligence Reports

c. Vessels, Port, Harbor, Cargo, Critical Infrastructure data

/ information

d. Maritime Business & Licensing for Health / Sanitation / Quarantine

4.2. Maritime Security Response To achieve successfully the maritime security response, the NCWS shall strive to have an integrated employment of Inter-Agency personnel, capabilities and resources for maritime operations. This integrated employment of resources and capabilities shall include but not be limited to the following:

4.2.1. Port & Harbor Security & Safety Response Operations

4.2.2. Littoral Patrol / Search & Rescue Operations

4.2.3. Offshore Patrol / Search & Rescue Operations


4.2.4. Maritime Air Patrol / Search & Rescue Operations

4.2.5. Aerial Surveillance Imagery / Video recording of maritime areas, things & people

4.2.6. On scene evidence & site / materiel exploitation

In particular, the following should serve as a guide in allocating and developing maritime security capabilities for inter-agency operations:

What to monitor

/ secure

Who will monitor /

secure

Capability required

Ships/vessels, Travelers, workers, Cargo, Ports, Harbors, Critical Maritime Infrastructure

PCG / PNP MG / PPA / MARINA / BoC / BI /BoQ / PDEA

Day & night surveillance of person, things, facility, ships, cargo, port, harbor Ground security / safety response force Security, safety and environmental protection

Littoral, internal waters / SLOCS

PCG / PNP MG / BFAR

Day & night surveillance of ships & aircraft along littoral / internal waters Security, safety and environmental protection

ECS, EEZ, SLOCS, & other maritime zones

PCG, PN, PAF

Day & night surveillance of ships & aircraft along ECS / EEZ waters Security, safety and environmental protection


5. POLICY GUIDANCE The NCW Council should provide strategic direction and policy guidance towards the continuous development of maritime inter-agency capability. To this end, the NCWC Secretariat is tasked to provide periodic policy recommendations on capability development to the NCW Council through information obtained by the NCW Center and as guided by the following:

5.1. Focus on key / sole agency mandate 5.2. Identify and address gaps 5.3. Identify and address overlaps 5.4. Ensure interoperability 5.5. Pursue Unified Action for maritime security surveillance

/ response 5.6. Enhanced capacity building program 5.7. Capability sustainment program

6. DEVELOPMENT APPROACHES

Development approaches guide the Inter-Agency Development of its Capabilities. The following approaches shall be pursued:

6.1. Integrate PN LOS and PPA VTMS Track Data to NCWS7

6.1.1. NCW System & Technical Requirements:

7 Annex A of Maritime Capability Development


6.1.1.1. Integrate PN LOS system track thru VPN or applicable direct wire / wireless connection

6.1.1.2. Integrate PPA VTMS Track thru VPN or applicable

direct wire /wireless connection 6.1.1.3. Geospatial Information System 6.1.1.4. Maritime Information Fusion, Operations & Intelligence

Analysis Tool 6.2. Enhance Monitoring of Central Philippines8:

6.2.1. Establish VTMS / Coastal Radar System for Central

Philippines Major Ports, Sea Lanes 6.2.2. Establish RCC Cebu with system capabilities as follows:

6.2.2.1. Geospatial Information System

6.2.2.2. Maritime Information Fusion, Operations &

Intelligence Analysis Tool

6.2.3. Joint / IA Patrol Presence

6.2.3.1. Joint CIQS & PNP MG Teams aboard PN / PCG vessels in Central Philippines

6.3. Provide Member Agencies with Secure Communications Suite and Interconnectivity with NCWC9:

8 Annex B of Maritime Capability Development 9 Annex C of Maritime Capability Development


6.3.1. System & Technical Requirements:

6.3.1.1. Secured IA Website portal system

6.3.1.2. Secured Email System

6.3.1.3. Secured Online File Collaboration system

6.3.1.4. Secured On-line Messaging / Chat system

6.3.1.5. Secured Shared DBMS System

6.3.1.6. Maritime Information Fusion, Operations & Intelligence Analysis Tool

6.3.1.7. Enhance WPS Monitoring10: 6.4. System & Technical Requirements:

6.4.1. NCWC

6.4.1.1. Satellite Based Maritime Imagery of WPS /Benham

Rise

6.4.1.2. Integrate Palawan RCC

6.4.2. Palawan RCC 6.4.2.1. Geospatial Information System 6.4.2.2. Maritime Information Fusion, Operations &

Intelligence Analysis Tool 6.4.2.3. Integrate Radar Tracks of PN / PCG patrol vessels

10 Annex D of Maritime Capability Development


6.4.2.4. ISR Video of PN / PCG targets 6.4.3. PN / PCG Patrol Vessels at WPS 6.4.3.1. Provide radar tracks to NCWC 6.4.3.2. Provide surface ISR video of targets to NCWC 6.4.4. Joint Maritime UAV Surveillance at WPS

6.5. Enhance Monitoring of Southern Philippines11

6.5.1. System & Technical Requirements :

6.5.1.1. NCWC: Integrate Davao / Zamboanga RCC 6.5.1.2. Davao / Zamboanga RCC

a. Geospatial Information System

b. Maritime Information Fusion, Operations & Intelligence

Analysis Tool

c. Integrate Radar Tracks of PN / PCG patrol vessels

d. ISR Video of PN / PCG targets

6.5.1.3. PN / PCG Patrol Vessels

a. Provide radar tracks to NCWC

b. Provide surface ISR video of targets to NCWC

11 Annex E of Maritime Capability Development


6.5.1.4. Joint Maritime UAV Surveillance for Border / SLOCs

6.6. Enhance Monitoring of Northern Philippines12 6.6.1. System & Technical Requirements: 6.6.1.1. NCWC: Integrate Northern RCC 6.6.1.2. Northern RCC a. Geospatial Information System b. Maritime Information Fusion, Operations &

Intelligence Analysis Tool c. Integrate Radar Tracks of PN / PCG patrol vessels d. ISR Video of PN / PCG targets 6.6.1.3. PN / PCG Patrol Vessels a. Provide radar tracks to NCWC b. Provide surface ISR video of targets to NCWC 6.6.1.4. Joint Maritime UAV Surveillance at WPS 6.7. Increase Member Agency Mandated Capacity & Capabilities for MSA & Maritime Security Responses such as : 6.7.1. Maritime Situational Awareness: 6.7.1.1. Cargo & Baggage Scanning System

12 Annex F of Maritime Capability Development


6.7.1.2. Traveler Screening 6.7.1.3. Radiation Detection System 6.7.1.4. Day & Night Surveillance Camera system 6.7.1.5. Vessel Traffic Management System 6.7.1.6. Vessel Tracking System (Blue Force Tracking) 6.7.1.7. Automatic Identification System 6.7.1.8. Long Range Identification & Tracking System 6.7.1.9. Coastal Radar system (Surface & Air Search / HF

Radar) 6.7.1.10. Sonar / Acoustic Sensor System 6.7.1.11. Satellite-Based Maritime Surveillance System 6.7.1.12. Maritime Information Fusion, Operations &

Intelligence Analysis Tool 6.7.1.13. Secure Email 6.7.1.14. Secure Online Collaboration Tool 6.7.1.15. Secure Website Portal 6.7.1.16. Secure Radio Communications 6.7.1.17. Secure Satellite Communications 6.7.1.18. Secure Telephone & Cellular Communications


6.7.1.19. Secure Computer Networks 6.7.1.20. Geospatial Information System 6.7.1.21. Imagery / Video Display & Recording System 6.7.1.22. Integrated Track / Common Operating Picture

Display 6.7.1.23. Maritime Information Fusion, Operations &

Intelligence Analysis Tool 6.7.1.24. Operations & Event Reporting Database System 6.7.1.25. Intelligence Database System 6.7.1.26. Vessel Database System a. Crew and passengers b. Port, Harbor, Critical Infrastructure Database

System c. Maritime Business &Licensing Database System d. Inbound and transit cargoes e. Fisheries f. Health / Sanitation / Quarantine 6.7.2. Maritime Security Responses: 6.7.2.1. Joint Port & Harbor Response Force


6.7.2.2. Littoral Patrol / Search & Rescue Vessels 6.7.2.3. Offshore Patrol / Search & Rescue Ships 6.7.2.4. Maritime Patrol / Search & Rescue Aircraft 6.7.2.5. Evidence & Site / Materiel Exploitations

6.8. Capacity Building Program for Inter-agency Operation

7. PLANNING REQUIREMENTS

Based on the strategic direction and policy guidance provided by the Council, each agency shall recommend in their annual plans and budget (APB), in accordance with their respective capability development plan and mandates, the needed budgetary requirements for its realization.

The Council, through its Secretariat and in coordination with relevant agencies, shall identify gaps and recommend means to address/fill those gaps in the interagency maritime capability development plan. These gaps will serve as the guide in setting priority measures of the inter-agency capability development of the Center in accordance with the approved Implementing Guidelines, Rules and Regulations (IGRR).

The Secretariat, in accordance with the IGRR, shall develop, maintain, update and administer a master capability development plan for interagency maritime domain awareness, maritime zones management and maritime threat response operations. In the development of interagency maritime domain awareness capabilities, NCWS shall focus on key/sole agency mandates. Thus, capabilities that are outward looking, such as capabilities supportive to external defense and protection of external waters, shall be


developed by the Armed Forces; capabilities that are inward looking, such as capabilities supportive to internal security operations and protection of internal waters, shall be developed by the Philippine Coast Guard; while capabilities to monitor maritime activities within or at vicinities of ports and harbors shall be developed by concerned port authorities. 8. NCWS CAPABILITY DEVELOPMENT ENDSTATE NCWS capability development is geared to achieve Maritime Situational Awareness & Security Response within the whole Philippine archipelago. Specifically, the whole capability shall be able to achieve the following13:

8.1. Enhanced WPS Monitoring 8.2. Enable Inter-Agency Secure Communications and

Information Exchange with NCWC 8.3. Enhanced Monitoring of Southern Philippines 8.4. Enhanced Monitoring of Central Philippines 8.5. Enhanced Monitoring of Northern Philippines 8.6. Increased Member Agency Mandated Capacity &

Capabilities for MSA & Maritime Security Responses

Hence, the realization of the NMCD will enable us to fulfill our vision of becoming a global leading maritime nation.

13 Annex G of Maritime Capability Development

ncws core manual.pdf

Documents

amendment certificate

introduction introduction

undermentioned amendment

comments recommendation

long title

short title

regulations igrr

igrr annex b