​abandoned WRECKS

No person may search for abandoned wreck or specific abandoned wreck unless licensed.
 
There are two types of persons that may be issued a license to search an abandoned wreck or to search for abandoned wreck:
  • A local searcher; or
  • A non-local searcher, who may be licensed with Customs, provided he / she nominated a registered agent located in South Africa as his / her representative.
The onus is on the person applying for a license to search an abandoned wreck or to search for abandoned wreck to establish whether such wreck had been abandoned or that the rights of another party will not be infringed before applying for a licence to search an abandoned wreck or for an abandoned wreck.
 
Anything removed from an abandoned wrecks, duties and taxes must be broad to account on a clearance declaration.

Top tip: You can refer to the Clearance Declaration external policy for the declaration requirements.

How to apply to search an abandoned wreck or to search for abandoned wreck?

The applicant must forward a letter to the Commissioner Office: National Registration and Licensing requesting for a license to search for abandoned wrecks.  This letter must contain the following information:
  • Full name of the person or Company desiring the license;
  • The proposed search area;
  • Date of commencement with search operation;
  • Date the search operation will end;
  • Physical address of the premises where the applicant’s business will be conducted;
  • If the applicant is local or non-local, if non-local the details of the nominated registered agent in South Africa;
  • Details of the abandoned wreck to be search;
  • Whether the wreck is older than fifty (50) years; and
  • The location of the wreck is known, if unknown, the areas that will be searched.

Documents in support of application:

The following information / documents not older than three months must be submitted with this application form.
  • Natural person or juristic person located in the RSA:
    • One of the following documents to prove bank details i.e. the account holder’s name, bank account number and bank branch code:
      • An original bank statement or a legible certified copy of an original bank statement;
      • An original letter from the bank; or
      • An original auto bank statement.
    • Original or certified copies of the following documents (whichever is relevant):
      • Registration certificate of business (as issued by the Registrar of Companies or Master of the Supreme Court in the case of a Trust);
      • Resolution/consent or other authority to apply, as applicable;
      • Municipal account to confirm the address details;
      • Detailed site plan in the case of a warehouse or a rebate store;
      • Agency Contract between agent and foreign principal;
      • DA 185.D to prove nomination by a foreign principal in the case of an application for a registered agent;
      • VAT, IT, PAYE, SDL, UIF letters from SARS to confirm revenue registration details;
      • A fixed telephone line operator’s and/or cell phone account to confirm contact details;
    • A document that indicate that the specific wreck to be searched or to be searched for had been abandoned; or setting out the grounds for the applicant’s belief that the wreck had been abandoned;
    • A written permission from the National Monuments Council authorising the search if the specific wreck to be searched or searched for is older than fifty (50) years; and
    • Any other information as the Commissioner for SARS may require.
  • Natural person or juristic person not located in the RSA:
    • Original or certified copies of the following documents (whichever is relevant):
    • Agency Contract between applicant and registered agent (with an established place of business in the RSA) other than clearing agent;
    • VAT letters from SARS to confirm revenue registration details (if applicable);
    • Proof of company registration from the relevant competent authority in the foreign country;
    • Identity document or passport;
    • Court order in the case of an emancipated minor; and
    • Any other information as the Commissioner for SARS may require.ny other information as the Commissioner for SARS may require.
       

Top tip: You can also refer to the schedule no 8.

Where to submit the application forms?

  • DA 185 – Application Forms
These application forms, the relevant annexes and the supporting documents listed in the application forms must be submitted to the nearest Customs office for processing (See ECS-LER-03 – Legal Entity – External Standard). The applicant or the applicant representative (Public Officer) as per the application form must also provide his / her ID book, proof of address and contact details to the Branch Front End agent.

 

 

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Last Updated: 13/06/2018 11:23 AM     print this page
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