GOVERNMENT RULES & REGULATIONS
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INDONESIA
In Indonesia aquiring a shipwreck survey and salvage permit involves 17 different Government Officials from 13 different Government Departments and ultimately the permit is issued by the Menteri Kelautan Dan Perikanan (Ministry of Marine Affairs and Fisheries) with office address as follows:
MENTERI KELAUTAN DAN PERIKANAN
Jl. Medan Merdaka Timur No. 16
Jakarta Pusat
APPLICATION FEES:
National Committee presentation (17 copies of all documents), US$30; Security clearance, US$200; Seacom Permit, US$200. Total is around US$430.00.
SHARING AGREEMENT:
Fifty/Fifty (50/50) without deducting any project cost (due to complaints by several foreign salvage groups this agreement is currently under revision whereby the project cost will be deducted before the 50/50 split. Or, there is even a rumor that the sharing will be changed to 60/40 (60 for the salvage company/40 for the Indonesian Government) as this would make it more fair to the salvage companies.
LICENSING PROCEDURE:
a) Survey Permit - Officially they say you can receive this after 21 days but realistically can take up to six (6) or eight (8) weeks to receive (see details below) and is valid for up to three months. It is renewable. Any company who wishes to salvage a shipwreck must first be issued a Survey Permit. The Survey Permit allows the company to first visit the site and take photos and retrieve one or two samples only. Only after this process has been completed is the only time a Salvage Permit can be applied for.
The detailed steps to get the Survey Permit is as follows:
1. Submit the shipwreck coordinates to the National Committee. This way you can lock in your coordinates and protect your site while preparing all the official documents.
2. Based on the above coordinates, the local company will prepare the 17 copies of documents to be submitted to the National Committee. These documents consist of: Cover letter, Location map, Guarantee letter, Survey proposals, Survei vessel, Divers & Certificates, Diving equipment, Expatriate license (KITAS work permit, IMTA, etc), etc.
3. Submit the complete above 17 copies of documents to submit them to the National Committee. Then you wait for 14 days before the National Committe give you the verbal presentation schedule date.
4. The Local Indonesian partner company must make the survey presentation in front of 17 Government Officials from 13 diffrent Departments.
5. Apply for security clerance for the vessel and personnel to be used to the Ministry of Defense.
6. Apply for the survey vessel fitness certificate to the Seacom department.
7. Points 4,5 & 6 take at least 30 to 40 days.
8. Once all this is completed, then the National Committee will issue the recomendation Survey license and working order.
9. Survey start and Government will appoint three (3) of their representatives to accompany the survey operations. They are from the Ministry of Defense, Ministry of Marine Affairs and Fisheries and the Culture Department. Allowance for these people is Rp 400.000/day/person (around US$ 40/day/person).
b) Salvage Permit - Follow the same exact steps as above and is valid for two years.
All sites require a survey/salvage permit issued from the Ministry of Marine Affairs and Fisheries (MMAF), but;
GENERAL SITE POSITION RULES:
a) If a site is within four (4) nautical miles of the coast then the local Mayor has to also issue a
survey/salvage permit.
b) If a site is between four (4) to twelve (12) nautical miles of the coast then the local Governor also has to issue a survey/salvage permit (no need from the Mayor in this case).
c) If a site is twelve (12) or more nautical miles from the coast then only the Ministry of Marine Affairs and Fisheries is required to issue any permits.
Regarding a & b (above), the process goes as follows;
First: The local Mayor (or Governor) writes a Recommendation Letter (in the name of the local salvage company).
Second: That recommendation letter and all the project details (Wreck Coordinates, Vessel Name, Personnel Details - including Resumes, Certificates, etc.), Equipment, Plan of Action, etc.) is passed on to the MMAF.
Third: After two weeks the MMAF will call the local salvage company in for the verbal project presentation (this take approx. two weeks for this to happen).
Forth: As long as everything is in order, the MMAF will issue the survey permit (within a couple of days) and the MMAF will instruct the local Mayor (or Governor) to issue his survey/salvage permit.
SURVEY/SALVAGE AREA:
The area given for the Survey/Salvage Permit is three (3) nautical miles. Once you have the permit that means no one can work within three (3) nautical miles of your licensed area.
INDONESIAN PARTNER COMPANY:
There are around 40 listed local companies in Indonesia that have shipwreck salvage rights from the Indonesian Government and at this time the Indonesian Government is not issuing anymore to any new local companies. Of those 40, approximate only 7 or 8 are active (actually working regularly).
As with most SEA countries, no foreign company can work in Indonesia without having an Indonesian Partner Company. All licenses issued in Indonesia are only in the name of the local company. All documentation is also in Bahasa Indonesia (Indonesian language).
FOREIGNERS:
All foreigners who want to visit the work site and actually participate in offshore operations MUST also apply for their KITAS (work) Visas. This process takes up to ten (10) days and can be done anytime (yes, since they actually take your passport you must be physically there in Indonesia during this process). The cost is Rp6,000,000 (approx. US$600) each for a six (6) months multiple-entry KITAS Visa. Please Note that once you have a KITAS Visa stamp in your passport that you must now pay EXIT TAXES of US$250 EVERY TIME you exit Indonesia after that.
WORK SEASON:
The best time to work in Indonesia is between March and September when the weather is calm and it is NOT monsoon season. However, if you have a large vessel and/or are working in a sheltered and/or protected area you may be able to work even through monsoon season.
***********************************************************************
MALAYSIA
In Malaysia the shipwreck excavation license is issued by Museum department and the Port Master.
APPLICATION FEE:
No charge for the application.
SHARING AGREEMENT:
Seventy/Thirty (70/30) with seventy (70) percent to the salvage company and thirty (30) percent to the Malaysian Government. No deduction of project expenses in above sharing.
LICENSING PROCEDURE:
This information is unknown at this time.
SURVEY/SALVAGE AREA:
This information is unknown at this time.
MALAYSIAN PARTNER COMPANY:
As with most SEA countries, no foreign company can work in Malaysia without having a written Joint-Venture Agreement with a local Malaysian Partner/Company. All licenses issued in the Malaysia are issued in the name of the local company. All documentation is in Bahasa Malayu.
FOREIGNERS:
This information is unknown at this time.
WORK SEASON:
The best time to work in Malaysia;
a) If ABOVE the equator - from October thru March.
b) If BELOW the equator - from March thru October.
***********************************************************************
PHILIPPINES
In the Philippines the GUIDELINES ON TREASURE HUNTING IN THE PHILIPPINES were previously issued by The Office of the President (Malacanang) but since 2004 became Administrative Order No. 2004-33 and is issued by the Department of Environment and Natural Resources with address as follows:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Visayas Avenue, Diliman
Quezon City
Guidelines In Brief as follows:
APPLICATION FEE:
PhP 10,000.00 (approx. $200 USD).
SHARING AGREEMENT:
After an audited report of expenses has been evaluated and approved by the Oversight Committee, the sharing of the net proceeds shall be as follows;
a) For Treasure Hunting within Public Lands - Seventy five (75) percent to the Government and twenty five (25) percent to the Permit Holder.
b) For Treasure Hunting in Private Lands - Thirty (30) percent to the Government and seventy (70) percent (70) percent to be shared by the Permit Holder and the Landowner.
c) For Shipwrecks/Sunken Vessel Recovery - Fifty (50) percent to the Government and fifty (50) to the Permit Holder.
LICENSING PROCEDURE:
Treasure Hunting/Survey/Salvage Permit - Officially you can receive this within 30 working days after all documentation is evaluated and approved by the Technical Review Committee.
Upon discovery of valuable items the National Museum shall be called upon to determine whether or not they are considered to have cultural and/or historical value.
All treasures found shall be allowed for export only upon approval of the National Heritage Commission and other concerned Government agencies.
SURVEY/SALVAGE AREA:
SEA SITES: The area given for SEA sites is twenty (20) hectares. Once you have the permit that means no one can work within your licensed area.
PHILIPPINE PARTNER COMPANY:
As with most SEA countries, no foreign company can work in the Philippines without having a written Joint-Venture Agreement with a local Philippine Partner/Company. All licenses issued in the Philippines are issued in the name of the local company. All documentation is in English.
FOREIGNERS:
All foreigners who want to work at the site and actually participate in offshore operations MUST also apply for their Work/Business Visas. This process takes about one week (yes, since they actually take your passport you must be physically there in the Philippines during this process).
WORK SEASON (for SHIPWRECKS):
The best time to work in the Philippines is from October thru March when the weather is calm and it is NOT monsoon season. However, if you have a large vessel and/or are working in a sheltered and/or protected area you may be able to work even through monsoon season.
For more In-Depth details regardin the LEGAL ASPECTS OF TREASURE HUNTING IN THE PHILIPPINES please click on the links below:
Philippine CIVIL CODE Laws and Regulations - these are the early Civil Codes from 1972 through 1983 (vital information for PI land owners/treasure hunters).
Presidential Decree No. 1726-A : GUIDELINES ON TREASURE HUNTING IN THE PHILIPPINES (Oct. 1st, 1980).
Memorandum Order No. 389 : Prescribing the Procedures and Guidelines on Application for Permits to Locate, Dig and Excavate Hidden Treasures in Accordance with the Provisions of Presidental Decree No. 1726-A (July 26, 1996).
ADDITIONAL SOUTHEAST ASIAN COUNTRIES AND INFORMATION TO FOLLOW..
In Indonesia aquiring a shipwreck survey and salvage permit involves 17 different Government Officials from 13 different Government Departments and ultimately the permit is issued by the Menteri Kelautan Dan Perikanan (Ministry of Marine Affairs and Fisheries) with office address as follows:
MENTERI KELAUTAN DAN PERIKANAN
Jl. Medan Merdaka Timur No. 16
Jakarta Pusat
APPLICATION FEES:
National Committee presentation (17 copies of all documents), US$30; Security clearance, US$200; Seacom Permit, US$200. Total is around US$430.00.
SHARING AGREEMENT:
Fifty/Fifty (50/50) without deducting any project cost (due to complaints by several foreign salvage groups this agreement is currently under revision whereby the project cost will be deducted before the 50/50 split. Or, there is even a rumor that the sharing will be changed to 60/40 (60 for the salvage company/40 for the Indonesian Government) as this would make it more fair to the salvage companies.
LICENSING PROCEDURE:
a) Survey Permit - Officially they say you can receive this after 21 days but realistically can take up to six (6) or eight (8) weeks to receive (see details below) and is valid for up to three months. It is renewable. Any company who wishes to salvage a shipwreck must first be issued a Survey Permit. The Survey Permit allows the company to first visit the site and take photos and retrieve one or two samples only. Only after this process has been completed is the only time a Salvage Permit can be applied for.
The detailed steps to get the Survey Permit is as follows:
1. Submit the shipwreck coordinates to the National Committee. This way you can lock in your coordinates and protect your site while preparing all the official documents.
2. Based on the above coordinates, the local company will prepare the 17 copies of documents to be submitted to the National Committee. These documents consist of: Cover letter, Location map, Guarantee letter, Survey proposals, Survei vessel, Divers & Certificates, Diving equipment, Expatriate license (KITAS work permit, IMTA, etc), etc.
3. Submit the complete above 17 copies of documents to submit them to the National Committee. Then you wait for 14 days before the National Committe give you the verbal presentation schedule date.
4. The Local Indonesian partner company must make the survey presentation in front of 17 Government Officials from 13 diffrent Departments.
5. Apply for security clerance for the vessel and personnel to be used to the Ministry of Defense.
6. Apply for the survey vessel fitness certificate to the Seacom department.
7. Points 4,5 & 6 take at least 30 to 40 days.
8. Once all this is completed, then the National Committee will issue the recomendation Survey license and working order.
9. Survey start and Government will appoint three (3) of their representatives to accompany the survey operations. They are from the Ministry of Defense, Ministry of Marine Affairs and Fisheries and the Culture Department. Allowance for these people is Rp 400.000/day/person (around US$ 40/day/person).
b) Salvage Permit - Follow the same exact steps as above and is valid for two years.
All sites require a survey/salvage permit issued from the Ministry of Marine Affairs and Fisheries (MMAF), but;
GENERAL SITE POSITION RULES:
a) If a site is within four (4) nautical miles of the coast then the local Mayor has to also issue a
survey/salvage permit.
b) If a site is between four (4) to twelve (12) nautical miles of the coast then the local Governor also has to issue a survey/salvage permit (no need from the Mayor in this case).
c) If a site is twelve (12) or more nautical miles from the coast then only the Ministry of Marine Affairs and Fisheries is required to issue any permits.
Regarding a & b (above), the process goes as follows;
First: The local Mayor (or Governor) writes a Recommendation Letter (in the name of the local salvage company).
Second: That recommendation letter and all the project details (Wreck Coordinates, Vessel Name, Personnel Details - including Resumes, Certificates, etc.), Equipment, Plan of Action, etc.) is passed on to the MMAF.
Third: After two weeks the MMAF will call the local salvage company in for the verbal project presentation (this take approx. two weeks for this to happen).
Forth: As long as everything is in order, the MMAF will issue the survey permit (within a couple of days) and the MMAF will instruct the local Mayor (or Governor) to issue his survey/salvage permit.
SURVEY/SALVAGE AREA:
The area given for the Survey/Salvage Permit is three (3) nautical miles. Once you have the permit that means no one can work within three (3) nautical miles of your licensed area.
INDONESIAN PARTNER COMPANY:
There are around 40 listed local companies in Indonesia that have shipwreck salvage rights from the Indonesian Government and at this time the Indonesian Government is not issuing anymore to any new local companies. Of those 40, approximate only 7 or 8 are active (actually working regularly).
As with most SEA countries, no foreign company can work in Indonesia without having an Indonesian Partner Company. All licenses issued in Indonesia are only in the name of the local company. All documentation is also in Bahasa Indonesia (Indonesian language).
FOREIGNERS:
All foreigners who want to visit the work site and actually participate in offshore operations MUST also apply for their KITAS (work) Visas. This process takes up to ten (10) days and can be done anytime (yes, since they actually take your passport you must be physically there in Indonesia during this process). The cost is Rp6,000,000 (approx. US$600) each for a six (6) months multiple-entry KITAS Visa. Please Note that once you have a KITAS Visa stamp in your passport that you must now pay EXIT TAXES of US$250 EVERY TIME you exit Indonesia after that.
WORK SEASON:
The best time to work in Indonesia is between March and September when the weather is calm and it is NOT monsoon season. However, if you have a large vessel and/or are working in a sheltered and/or protected area you may be able to work even through monsoon season.
***********************************************************************
MALAYSIA
In Malaysia the shipwreck excavation license is issued by Museum department and the Port Master.
APPLICATION FEE:
No charge for the application.
SHARING AGREEMENT:
Seventy/Thirty (70/30) with seventy (70) percent to the salvage company and thirty (30) percent to the Malaysian Government. No deduction of project expenses in above sharing.
LICENSING PROCEDURE:
This information is unknown at this time.
SURVEY/SALVAGE AREA:
This information is unknown at this time.
MALAYSIAN PARTNER COMPANY:
As with most SEA countries, no foreign company can work in Malaysia without having a written Joint-Venture Agreement with a local Malaysian Partner/Company. All licenses issued in the Malaysia are issued in the name of the local company. All documentation is in Bahasa Malayu.
FOREIGNERS:
This information is unknown at this time.
WORK SEASON:
The best time to work in Malaysia;
a) If ABOVE the equator - from October thru March.
b) If BELOW the equator - from March thru October.
***********************************************************************
PHILIPPINES
In the Philippines the GUIDELINES ON TREASURE HUNTING IN THE PHILIPPINES were previously issued by The Office of the President (Malacanang) but since 2004 became Administrative Order No. 2004-33 and is issued by the Department of Environment and Natural Resources with address as follows:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Visayas Avenue, Diliman
Quezon City
Guidelines In Brief as follows:
APPLICATION FEE:
PhP 10,000.00 (approx. $200 USD).
SHARING AGREEMENT:
After an audited report of expenses has been evaluated and approved by the Oversight Committee, the sharing of the net proceeds shall be as follows;
a) For Treasure Hunting within Public Lands - Seventy five (75) percent to the Government and twenty five (25) percent to the Permit Holder.
b) For Treasure Hunting in Private Lands - Thirty (30) percent to the Government and seventy (70) percent (70) percent to be shared by the Permit Holder and the Landowner.
c) For Shipwrecks/Sunken Vessel Recovery - Fifty (50) percent to the Government and fifty (50) to the Permit Holder.
LICENSING PROCEDURE:
Treasure Hunting/Survey/Salvage Permit - Officially you can receive this within 30 working days after all documentation is evaluated and approved by the Technical Review Committee.
Upon discovery of valuable items the National Museum shall be called upon to determine whether or not they are considered to have cultural and/or historical value.
All treasures found shall be allowed for export only upon approval of the National Heritage Commission and other concerned Government agencies.
SURVEY/SALVAGE AREA:
SEA SITES: The area given for SEA sites is twenty (20) hectares. Once you have the permit that means no one can work within your licensed area.
PHILIPPINE PARTNER COMPANY:
As with most SEA countries, no foreign company can work in the Philippines without having a written Joint-Venture Agreement with a local Philippine Partner/Company. All licenses issued in the Philippines are issued in the name of the local company. All documentation is in English.
FOREIGNERS:
All foreigners who want to work at the site and actually participate in offshore operations MUST also apply for their Work/Business Visas. This process takes about one week (yes, since they actually take your passport you must be physically there in the Philippines during this process).
WORK SEASON (for SHIPWRECKS):
The best time to work in the Philippines is from October thru March when the weather is calm and it is NOT monsoon season. However, if you have a large vessel and/or are working in a sheltered and/or protected area you may be able to work even through monsoon season.
For more In-Depth details regardin the LEGAL ASPECTS OF TREASURE HUNTING IN THE PHILIPPINES please click on the links below:
Philippine CIVIL CODE Laws and Regulations - these are the early Civil Codes from 1972 through 1983 (vital information for PI land owners/treasure hunters).
Presidential Decree No. 1726-A : GUIDELINES ON TREASURE HUNTING IN THE PHILIPPINES (Oct. 1st, 1980).
Memorandum Order No. 389 : Prescribing the Procedures and Guidelines on Application for Permits to Locate, Dig and Excavate Hidden Treasures in Accordance with the Provisions of Presidental Decree No. 1726-A (July 26, 1996).
ADDITIONAL SOUTHEAST ASIAN COUNTRIES AND INFORMATION TO FOLLOW..
Photo on Left:
Tony Wells (on right) and Minister
Freddy Numberi (on left) exchange
books after a meeting at the
Ministry of Marine Affairs and
Fisheries office.
Tony Wells (on right) and Minister
Freddy Numberi (on left) exchange
books after a meeting at the
Ministry of Marine Affairs and
Fisheries office.