Understanding Licensing and Government Regulations
for Treasure Hunting in Malaysia, Indonesia, and the Philippines
Treasure hunting has always captivated adventurers and history enthusiasts alike. The allure of discovering hidden riches or lost artifacts has driven many to explore uncharted territories. However, before embarking on such expeditions in Southeast Asia, particularly in Malaysia, Indonesia, and the Philippines, it is crucial to understand the licensing requirements and government regulations that govern treasure hunting activities. This blog post will delve into these regulations, helping potential treasure hunters navigate the complex legal landscape of these three countries.
Malaysia: Just brief Info,
GOVERNMENT RULES & REGULATIONS
In Malaysia the Treasure Hunting or shipwreck excavation license is issued by Federal Government and Local
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: Federal Government and local Government- several departments.
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 Federal Government and local Government are issued in the name of the local company. All documentation is in Bahasa Malay.
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.
Indonesia: Just brief Info,
GOVERNMENT RULES & REGULATIONS
In Indonesia acquiring a land treasure hunting or shipwreck survey and salvage permit involves 17 different Government Officials from 13 different Government Departments and ultimately the permit is issued by the Government Department.
1. APPLICATION FEES required.
2. 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 Treasure Hunting or 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 treasure hunting or 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 treasure hunting or Salvage Permit can be applied for.
INDONESIAN PARTNER COMPANY: 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.
Philippines: Just brief Info,
GOVERNMENT RULES & REGULATIONS
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.
APPLICATION FEE: required
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.
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 regarding 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 Presidential Decree No. 1726-A (July 26, 1996).
GOVERNMENT RULES & REGULATIONS
In Malaysia the Treasure Hunting or shipwreck excavation license is issued by Federal Government and Local
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: Federal Government and local Government- several departments.
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 Federal Government and local Government are issued in the name of the local company. All documentation is in Bahasa Malay.
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.
Indonesia: Just brief Info,
GOVERNMENT RULES & REGULATIONS
In Indonesia acquiring a land treasure hunting or shipwreck survey and salvage permit involves 17 different Government Officials from 13 different Government Departments and ultimately the permit is issued by the Government Department.
1. APPLICATION FEES required.
2. 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 Treasure Hunting or 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 treasure hunting or 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 treasure hunting or Salvage Permit can be applied for.
INDONESIAN PARTNER COMPANY: 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.
GOVERNMENT RULES & REGULATIONS
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.
APPLICATION FEE: required
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.
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 regarding 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 Presidential Decree No. 1726-A (July 26, 1996).
