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©Chancellery of the Sejm p. 1/23

2014-02-04

Journal of Laws of 2013 item 194

NOTICE

OF THE MARSHAL OF THE SEJM OF THE REPUBLIC OF POLAND

of 27 November 2012

on the publication of the consolidated text of the Act on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security

1. Pursuant to Article 16(1) first sentence of the Act of 20 July 2000 on the promulgation of normative acts and some other legal acts (Journal of Laws of 2011, No. 197, item 1172 and No. 232, item 1378), the consolidated text of the Act of 29 November 2000 on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security (Journal of Laws of 2004 No. 229, item 2315) is published in the Annex to this notice, taking into account the changes made by:

1) Act of 19 December 2008 amending the Act on the freedom of business activity and certain other acts (Journal of Laws of 2009 No. 18, item 97),

2) Act of 25 May 2012 amending the Act on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security and certain other acts (Journal of Laws, item 707)

and changes under the rules announced before 22 November 2012.

2. The consolidated text of the Act contained in the annex to this notice does not cover:

1) Article 72 of the Act of 19 December 2008 amending the Act on the freedom of business activity and certain other acts (Journal of Laws of 2009 No. 18, item 97), which provides:

“Art. 72. This Act shall come into force after the expiry of 30 days from the date of its promulgation, except for:

1) Article 1 point 2–4, Articles 13, 14 and 17, Article 22 point 2, Article 24, Articles 65–67 and Article 69, which shall enter into force as of 31 March 2009;

2) Article 68, which shall enter into force as of 1 July 2011”;

2) Articles 5–12 of the Act of 25 May 2012 amending the Act on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security and certain other acts (Journal of Laws, item 707), which provide:

“Article 5. 1. Individual or global licences issued pursuant to the provisions of the Act amended in Article 1 prior to the effective date of this Act shall remain valid until their expiry date.

2. Certified end user statements, import certificates and delivery verification certificates issued pursuant to the provisions of the Act amended in Article 1 prior to the effective date of this Act shall remain valid.

Article 6. 1. The previous provisions shall apply to the proceedings instituted pursuant to the provisions of the Act amended in Article 1 and not completed with a final decision prior to the entry into force of this Act.

2. The previous provisions shall apply to the proceedings instituted pursuant to Article 24(1) of the Act amended in Article 1, as currently worded, and not completed prior to the entry into force of this Act.

Article 7. 1. Certificate of conformity, referred to in Article 11(4) of the Act amended in Article 1, as currently worded, issued prior to the entry into force of this Act, shall remain valid until its expiry date.

2. The entrepreneur which was subject to at least 3 audits of conformity within the period of validity of the certificate prior to the entry into force of this Act pursuant to Article 11(6) of the Act amended in Article 1, as currently worded, shall not be subject to audits of conformity until the expiry of this period.

Article 8. The audit referred to in Article 28 of the Act amended in Article 1, commenced but not completed prior to the entry into force of this Act, shall be carried out in conformity with the previous provisions.

Article 9. The previous provisions shall apply to the proceedings instituted and not completed prior to the entry into force of this Act, concerning the entry in the register referred to in Article 21(1) of the Act amended in Article 1, as

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currently worded.

Article 10. 1. Any person that was obliged to submit information referred to in Article 26(1) of the Act amended in Article 1, as currently worded, to the trade control authority prior to the entry into force of this Act, shall submit this information under the previous conditions.

2. Any person that was obliged to submit information, referred to in Article 26(1) of the Act amended in Article 1, as currently worded, to the trade control authority after the entry into force of this Act, shall submit to the trade control authority the first piece of information referred to in Article 26(1) of the Act amended in Article 1, as amended by this Act, for 2013, until the end of the first quarter of 2014.

3. An entity shall draw up the first report referred to in Article 27a (1) of the Act amended in Article 1, as amended by this Act, for 2013, and submit it to the minister competent for Foreign Affairs until the end of April 2014.

4. The minister competent for Foreign Affairs shall draw up the first report referred to in Article 27c (1) of the Act amended in Article 1, as amended by this Act, for 2013, and submit it to the competent authorities of the Member States of the European Union and publish it until the end of the third quarter of 2014.

Article 11. Previous implementing regulations issued under Article 6(5) and (6), Article 9(6), Article 11(7), Article 20(2), Article 21c (8), Article 22(7), Article 24(4), Article 25(2) and Article 26(2) of the Act amended in Article 1, as currently worded, shall remain effective until the entry into force of the implementing regulations issued under Article 6a (3), Article 6b, Article 9(8), Article 11(8), Article 20(2), Article 21c (9), Article 22(7), Article 24(5), Article 25(4) and Article 26(2) accordingly, as amended by this Act, however not longer than for 12 months from the date of entry into force of this Act.

Article 12 This Act shall enter into force after 14 days from the date of its promulgation”.

Marshal of the Sejm: E. Kopacz

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Annex to the Notice of the Marshal of the Sejm of the Republic of Poland of 27 November 2012 (item 194)

ACT

of 29 November 2000

on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security

Chapter 1

General provisions

Article 1 This Law sets forth the rules of foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security, the rules of control and records of this trade, as well as the liability in the case of illegal trade in these goods, technologies and services.

Article 1a. (repealed). 1)

Article 2.2) Foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security shall be allowed provided that the conditions set forth in Council Regulation (EC) No. 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Official Journal of the European Union L 134, 29.5.2009, p.1), hereinafter referred to as “Regulation No. 428/2009”, in other Acts, as well as in agreements and other international commitments are satisfied.

Article 3 Definitions of terms:

1)3) dual-use items – dual-use items within the meaning of Article 2(1) of Regulation No. 428/2009;

2)3) military goods – weapons, ammunition, explosives, products, their components or technologies specified in the list referred to in Article 6a (3) hereof;

3)3) items of strategic importance – items of strategic importance to the security of the State and to maintaining international peace and security that are dual-use items or military goods;

4) (repealed);

4a) the Community Customs Code – Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Customs Code (Official Journal of the European Communities L 302 of 19 October 1992), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (Official Journal of the European Union L 236 of 23 September 2003);

4b)4) the customs territory of the European Union – the customs territory within the meaning of Article 3 of the Community Customs Code;

4c)4) third country – any country outside the customs territory of the European Union;

5)4) export – export within the meaning of Article 2(2) of Regulation No. 428/2009;

1 ) Pursuant to Article 1(1) of the Act of 25 May 2012 amending the Act on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security and certain other acts (Journal of Laws, item 707), which came into force on 7 July 2012.

2) As set forth in Article 1(2) of the Act referred to in footnote 1.

3) As set forth in Article 1(3)(a) of the Act referred to in footnote 1.

4) As set forth in Article 1(3)(b) of the Act referred to in footnote 1.

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5a)4) a intermediation service – a intermediation service within the meaning of Article 2(5) of Regulation No. 428/2009 or – in the case of military goods – activities related to the movement of military goods between two countries, the Republic of Poland not being any of the states, consisting in:

a) negotiating, business consulting, and assistance in conclusion of contracts,

b) any form of participation in activities related to export, import, transit or conclusion of any lease, donation, loan, or bailment agreement, as well to any contributions in kind,

b) purchase, sale or transfer;

5b) technical assistance – any form of technical support related to repairs, development, production, testing, maintenance, or any other technical services related to items of strategic importance, also in the form of instructions, training, transfer of working knowledge or consulting services;

6)5) import – entry of items of strategic importance from a third country into the territory of the Republic of Poland;

7)5) transit – transit within the meaning of Article 2(7) of Regulation No. 428/2009 or, in the case of military goods, movement between a European Union Member State, the Republic of Poland excluded, and a third country or movement between third countries through the territory of the Republic of Poland;

7a) 6 ) intra-community transfer – transfer or movement of goods of strategic importance from an entity in one Member State to an entity in another Member State without leaving the European Union customs area;

8)7) trade:

a) export,

b) intra-community transfer,

c) intermediation services

d) technical

assistance, e) import,

f) transit;

8a)8) entity – natural person, legal person or organisational unit without legal personality if it has legal capacity;

8b)8) supplier – entity authorised to provide military goods;

8c)8) recipient – entity authorised to receive military goods;

8d)8) exporter – an exporter within the meaning of Article 2(3) of Regulation No. 428/2009 or in the case of military goods:

a) an entity resident or established on the territory of the Republic of Poland, which:

– at the time of accepting the export declaration, has a contractual relationship with a recipient in a third country and is authorised to export military goods or

– is authorised to export military goods when the export agreement has not been signed or the party to the agreement does not act on its own behalf,

b) contracting party resident or established on the territory of the Republic of Poland in the case where the right to dispose of military goods is vested in an entity resident or established on the outside the territory of the Republic of Poland, on the basis of the export agreement;

8e)8) importer – an entity resident or established on the territory of the Republic of Poland, authorised to collect goods of strategic importance from a third country;

5) As set forth in Article 1(3) (c) of the Act referred to in footnote 1.

6) Added by Article 1(3)(d) of the Act referred to in footnote 1.

7) As set forth in Article 1(3)(e) of the Act referred to in footnote 1.

8) Added by Article 1(3)(f) of the Act referred to in footnote 1.

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8f)8) broker – a broker within the meaning of Article 2(3) of Regulation No. 428/2009 or – in the case of military goods – the entity performing intermediation services related to military goods;

8g)8) end user – an entity declaring the use of goods of strategic importance to own business;

8h)8) individual licence – a licence within the meaning of Article 2(8) of Regulation No. 428/2009 or, in the case of military goods and forms of trade in dual-use items other than export, a licence granted to one specific exporter for one end user or importer or recipient in a third country and covering a specified quantity and value of specific goods of strategic importance;

8i)8) global licence – a licence within the meaning of Article 2(10) of Regulation No. 428/2009 or, in the case of military goods and forms of trade in dual-use items other than export, a licence granted to one entity in relation to one or more end users, importers or recipients in one or more third countries for a specified quantity or category of goods of strategic importance;

9) (repealed);

10) trade control authority – minister competent for Economy;

11)9) advisory authorities – of the minister competent for Foreign Affairs, minister competent for the Interior, minister competent for Public Finance, Head of the Military Counterintelligence Service, Head of the Military Intelligence Service, Head of the Internal Security Agency, Head of the Foreign Intelligence Agency, and in the case of nuclear materials, nuclear technologies and other dual-use products for which he/she is competent due to the scope of activity – also the President of the National Atomic Energy Agency;

12)9) monitoring authority – Head of the Internal Security Agency;

13) 10) entrepreneur – an entrepreneur within the meaning of the provisions of the Act of 2 July 2004 on the freedom of economic activity (Journal of Laws of 2010 No. 220, item 1447, as amended11)).

Article 4. Import into the territory of the Republic of Poland, export from the territory of the Republic of Poland as well as transit through the territory of the Republic of Poland of weapons and ammunition by natural persons for purposes other than commercial and industrial purposes shall be subject to separate provisions.

Article 5. For matters provided for herein, provisions of the Code of Administrative Procedure shall apply, unless otherwise provided for in the Act.

Chapter 2

Licences for trade in goods of strategic importance

Article 6.12) 1. Technical assistance related to dual-use items may be provided on the basis and to the extent set out in the licence.

2. Technical assistance licence is not required if such assistance is provided to an entity resident or established on the territory of the Republic of Poland, or when the assistance concerns goods of strategic importance whose intra-community transfer originating from the territory of the Republic of Poland does not require a licence.

Article 6a.13) 1. Trade in military goods can only be carried out on the basis of and to the extent set out in the licence.

2. The licence for intra-community transfer of military goods issued by competent authorities of European Union Member States shall be valid in the territory of the Republic of Poland. If such a licence is issued, the

9) As set forth in Article 1(3)(g)of the Act referred to in footnote 1.

10) Added by Article 1(3)(h) of the Act referred to in footnote 1.

11) Changes of the consolidated text of the said act were announced in the Journal of Laws of 2010, No. 239, item 1593, of 2011, No. 85, item 459, No. 106, item 622, No. 112, item 654, No. 120, item 690, No. 131, item 764, No. 132, item 766, No. 153, item 902, No. 163, item 981, No. 171, item 1016, No. 199, item 1175, No. 204, item 1195 and No. 232, item 1378 and of 2012 item 855, 1166, 1407, 1445 and 1529.


13) Added by Article 1(5) of the Act referred to in footnote 1.

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licence for intra-community transfer of military goods through the territory of the Republic of Poland is not required.

3. The minister competent for Economy shall adopt an Ordinance to specify the list of military goods to be traded based on a relevant licence, taking into account the forms of trade specified in Article 3(8) and on international lists, in particular the common list of military goods adopted by the Council of the European Union.

Article 6b.13) The Council of Ministers shall adopt an Ordinance specifying a list of countries with which trading in items of strategic importance shall be prohibited or limited, taking into account public security and human rights, and in the case of military goods also defence or security requirements of the Republic of Poland, and commitments of the Republic of Poland arising from international agreements and arrangements, as well as alliance commitments, including the agreements referred to in Article 16(1)(2)(b) and (c).

Article 6c.13) Import or intra-community transfer of dual-use goods in the territory of the Republic of Poland shall not require a licence.

Article 7. 14) 1. For the export of dual-use products, intra-community transfer of the products listed in Annex IV to Regulation No. 428/2009 and technical assistance, an individual licence, global licence or general national licence is granted. For provision of intermediation services related to dual-use items individual licences are issued.

2. For trade in military goods individual or general national export licences are issued. For intra-community transfer, provision of intermediation services and provision of technical assistance related to military goods a global licence may also be issued.

Article 8.14) 1. An individual licence or global licence is not required to the extent to which a general national licence for trade in goods of strategic importance was issued.

2. The minister competent for the economy may set forth, by way of an ordinance, the cases and particularly the countries, entities and goods of strategic importance for which general national licences are issued, as well as detailed conditions on which trade under a general national licence takes place, taking into account the need to ensure security of trade in goods of strategic importance.

3. Trade on the basis of a general national licence requires filing a declaration on the starting date of the trade. The declaration shall be files to a trade control authority at least one month prior to starting the trade.

Article 9.14) 1. Individual licences and global licences are issued by the trade control authority at the request of the entity resident or established in the territory of the Republic of Poland, hereinafter referred to as “licence application”.

2. The licence application shall include the following:

1) applicant’s designation, including the name, registered office address or residence address in the territory of the Republic of Poland; 2) tax identification number (NIP);

3) the type and scope of business activity carried out by the applicant, if the applicant is an entrepreneur;

4) designation of the entities being the applicant’s trade partners for the trade applied for, including their names, registered office addresses or residence addresses, and their role in the trade;

5) designation of goods of strategic importance to be traded, including their value, quantity and reference number set forth on the list laid down in regulations issued pursuant to Article 6a(3) of or in annexes to Regulation No. 428/2009;

6) designation of the producer of goods of strategic importance to be traded and end users, including their names and addresses;

7) information on the manner of using the goods of strategic importance by the end user;


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8) designation of the destination country;

9) in the case of export or intra-community transfer – declaration that the applicant would take the actions necessary to ensure that the goods of strategic importance to be traded reach the end user;

10) certification number for the end user’s declaration issued by the trade control authority, if the importer or end user committed to obtain a prior consent of the competent foreign authority for specified disposal of the goods of strategic importance to be traded or a part thereof.

3. The application for export licence shall also include the following designations:

1) country of origin of the goods of strategic importance;

2) European Union Member State where the dual-use product is or will be located;

3) European Union Member State where the dual-use product will receive customs-approved use.

4. 4. The application for intermediation services shall also include the following:

1) designation of the intermediation service;

2) information on the location of the good of strategic importance in a third country.

5. The application for licence of technical assistance shall additionally state the type of technical assistance.

6. The application for licence to trade in goods of strategic importance must be accompanied by the following documents:

1) declaration of a concession or licences for holding goods of strategic importance or pursuing activity connected with the trade applied for, if holding such concessions or licences is required by other acts, along with precise identification features of these documents;

2) draft agreement or trade agreement, if required for a given trade, or letter of intent or a commercial inquiry;

3) copy of the certificate referred to in Article 11(5) in case the certificate is necessary;

4) import certificate or declaration of the end user in the case of export or intra-community transfer; it does not concern situations where the destination country is the Republic of Poland;

5) consent of the competent foreign authority for specific disposal of the good, if the importer or end user committed to obtaining such consent, or declaration that the applicant has no knowledge on the commitment referred to in paragraph 2(10).

7. A sworn translation into Polish is required for all documents drawn up in a foreign language.

8. The minister competent for the economy shall set forth, by way of an ordinance:

1) specimens of applications for licence for export, intra-community transfer, intermediation service and technical assistance with regard to goods of strategic importance, as well as for import and transit of military goods, and specimens of applications for an import certificate and for confirmation of an end-user statement;

2) specimens of individual or global licences for export, intermediation service, import or transit of military goods and for technical assistance and intra-community transfer of goods of strategic importance,

taking into account types of goods and forms of trade.

Article 10.14) 1. The trade control authority shall issue, at the request of the entity, a binding interpretation regarding the necessity to obtain a licence for specific trade in goods of strategic importance, within 3 months from the submission of application. In justified cases, this period may be extended to 6 months.

2. Before issuing the interpretation referred to in paragraph 1, the trade control authority may request an opinion of the advisory authorities. Article 12(2) and Article 12a shall apply accordingly to the opinion of the advisory authorities.

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3. The trade control authority may demand additional clarifications or documents from the applicant in order to investigate the circumstances related to the subject matter of the application.

Article 11.14) 1. An entrepreneur applying for a licence for trade in military goods or using a general national licence for trade in military goods shall establish and implement an internal system of control and management of trade in military goods, hereinafter referred to as the "internal control system”.

2. The internal control system shall define in particular the tasks of the bodies of the enterprise, basic tasks of jobs related to control and management of trade, the rules of employee recruitment, data archiving, internal control, completion of orders and training.

3. The internal control system shall be certified for conformity with the requirements of international standards ISO 9000 and the requirements set forth in paragraph 2.

4. The certification referred to in paragraph 3 shall be carried out by authorised control bodies accredited in the Polish accreditation system established pursuant to provisions of the Act of 30 August 2002 on the conformity assessment system (Journal of Laws of 2010, No. 138, item 935, as amended15)).

5. A certificate of conformity of the internal control system with the requirements set forth in paragraph 2 shall be issued by the authorised bodies referred to in paragraph 4.

6. The certificate of conformity shall be valid for the period of 3 years.

7. Within the period of validity of the certificate of conformity, the authorised bodies referred to in paragraph 4 shall carry out 3 audits at the entrepreneur’s registered office to verify the conformity of the internal control system with the requirements set forth in paragraph 2.

8. The minister competent for the economy shall determine, by way of an ordinance, a list of certification bodies authorised to carry out certification and audits of conformity of the internal control system from among the bodies accredited in the Polish accreditation system, with a view to ensuring uniformity of internal control systems of the entrepreneurs.

Article 12.14) 1. Individual or global licences shall be issued in the form of an administrative decision.

2. Before issuing an individual or global licence, the trade control authority shall request the advisory authorities, in writing or via an electronic system, to present their opinion on whether there are any reasons for refusing the licence. The trade control authority shall inform the applicant about consulting the advisory authorities.

3. Before issuing an individual or global licence, the trade control authority may request the applicant to provide information enabling the verification of data included in the application for licence.

4. The applicant shall notify the trade control authorities about all changes of data included in the application, within 14 days from the day on which they took place.

Article 12a.16) 1. The advisory authorities shall submit the opinion referred to in Article 12(2) to the trade control authority in writing or via an electronic system enabling identification of the person authorised to issue the opinion, within 14 days from the day on which the trade control authority requested such an opinion.

2. If due to the special nature of the case analysed in the opinion referred to in Article 12(2), advisory authorities are unable to deliver the opinion by the deadline set forth in paragraph 1, Articles 36 to 38 of the Code of Administrative Procedure shall apply accordingly.

3. The period for advisory authorities to issue an opinion referred to in Article 12(2) shall not be included in the period for issuing a decision on granting an individual or global licence.

4. Preparing the opinion referred to in Article 12(2), advisory authorities shall take into account reasons for licence refusal, change or withdrawal, referred to in Article 15, Article 16(1) and (2), and in Article 17(1)(3).

15) Changes of the consolidated text of the said act were announced in Journal of Laws of 2011, No. 102, item 586 and No. 227, item 1367 and of 2012, item 1529.


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5. Article 12(3) shall apply accordingly to advisory authorities.

6. The opinion of advisory authorities shall not require the form of a decision and shall not be appealed against.

Article 12b.16) Before issuing an individual or global licence, the trade control authority shall determine whether during the last 3 years any competent authorities of another country or the European Union Member States have refused to issue a licence for trade in goods of strategic importance with identical parameters and for the same end user or recipient as specified in the licence application. In such a case, the trade control authority shall consult the competent authority of the European Union Member State that refused to issue the licence and, if the trade control authority issues a licence, it shall inform that authority accordingly, adding a detailed justification of its decision

Article 13.17) If an entity obtains information or has justified reasons to suspect that irregularities in trade in goods of strategic importance have occurred or may occur, the entity shall make every endeavour to restore the conformity with the law or to prevent irregularities and shall inform the trade control authority about the irregularities.

Article 14. 1. Individual or global licences and rights resulting therefrom shall be non-transferable.

2.18) Individual or global licences shall be documents of relevance for control performed by the Custom Service authorities.

3. An original copy of the individual or global licence shall be attached to the customs declaration or application for the customs-approved use.

4.19) For an individual or global licence for trade to be issued, compliance with additional requirements and conditions specified by the trade control authority may be required, and in particular the submission of a statement by the foreign end user or the submission of an import certificate referred to in Article 23.

5.19) The validity period of an individual or global licence shall be defined therein. An individual licence shall be valid for up to one year and a global licence for up to 3 years.

6. Individual or global licences shall be issued free of charge.

Article 15.20) 1. The trade control authority shall refuse, by way of an administrative decision, to issue an individual or global licence for trade in dual-use items, if:

1) such refusal is required for reasons related to defence or security of the Republic of Poland;

2) such refusal is required under commitments of the Republic of Poland arising from international agreements and treaties of alliance;

3) the entity fails to guarantee that the trade is carried out in conformity with the law;

4) the items may be used, in their entirety or in part, for illegal purposes or contrary to the interests of the Republic of Poland, i.e. for the implementation, production, exploitation, handling, maintenance, storage, detection, identification or proliferation of weapons of mass destruction, and in particular of chemical, biological or nuclear weapons, or the implementation, production, maintenance, or storage of means capable of transporting such weapons.

2. The trade control authority shall refuse, by way of an administrative decision, to issue an individual or global licence for trade in dual-use items, if:

1) there is a risk of change of the end use or place of destination of those items;

2) the entity is in breach of regulations referring to trade in goods of strategic importance.



19) As set forth in Article 1(9)(b) of the Act referred to in footnote 1.


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Article 16.20) 1. The trade control authority shall refuse, by way of an administrative decision, to issue an individual or global licence for trade in military goods, if:

1) such refusal is required for reasons related to defence or security of the Republic of Poland;

2) such a licence would be contrary to international commitments of the Republic of Poland arising from international treaties and agreements, and in particular with the following international commitments:

a) to introduce embargo on weapons or to introduce sanctions imposed by the United Nations, the European Union and the Organisation for Security and Co-operation in Europe;

b) under the Treaty on the Non-Proliferation of Nuclear Weapons done at Moscow, Washington and London on 1 July 1968 (Journal of Laws of 1970, No. 8, item 60), the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at Moscow, London and Washington on 10 April 1972 (Journal of Laws of 1976, No. 1, item 1) and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done in Paris on 13 January 1993 (Journal of Laws of 1999, No. 63, item 703);

c) as part of the Australia Group, the Missile Technology Control Regime, the Zangger Committee, the Nuclear SuppliersGroup, the Wassenaar Arrangement and the Hague Code of Conduct against ballistic missile proliferation;

3) there is a risk that military goods to be exported might be used for:

a) internal repression;

b) actions violating the international humanitarian law;

4) there is a risk that military goods to be exported might be used to provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of the end user;

5) there is a risk that military goods to be exported would be used by the country of the foreign recipient against another country, in particular in the case of armed conflict existing between the country of the foreign recipient and another country or likelihood of such conflict, or where the country of the foreign recipient has claims against the territory of another country which it has in the past tried or threatened to pursue by means of force;

6) the entity fails to guarantee that trade is carried out in conformity with the law;

7) there is a risk that military goods to be exported might be used, in their entirety or in part, for illegal production, operation, handling, maintenance, storage or identification of military goods or such actions that are contrary to the interests of the Republic of Poland.

2. The trade control authority may refuse, by way of an administrative decision, to issue an individual or global licence for trade in military goods, if:

1) such a licence would have an adverse impact on:

a) interests relating to defence and security of the Republic of Poland, other European Union Member States and allied countries;

b) respect for human rights;

c) regional peace, security and stability;

2) there is a risk that military goods to be exported might be used against armed forces of the European Union Member States and those of allied countries;

3) the country of the end user:

a) supports terrorism and international organised crime;

b) fails to comply with its international commitments, in particular on the non-use of force, and with international humanitarian law;

c) is not committed to non-proliferation of nuclear weapons and arms control and disarmament, in particular it has not signed, not ratified or not implemented the Treaty on the Non-Proliferation of Nuclear Weapons and the conventions referred to in paragraph 1(1)(b);

4) there is a risk of change of the end user and the end use or of re-export of military goods under undesirable conditions;

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5) military goods to be exported are not compatible with the technical and economic capacity of the recipient country;

6) the entity is in breach of regulations referring to trade in goods of strategic importance.

3. The trade control authority shall inform the competent authorities of the European Union Member States about the refusal to issue a licence for trade in military goods for reasons defined in paragraphs 1 and 2, adding a justification for the refusal.

Article 17.20) 1. The trade control authority can, by way of an administrative decision, withdraw or change an individual or global licence, if:

1) there are reasons referred to in Article 15 and in Article 16(1) and (2);

2) the entity carries out the trade contrary to conditions set forth in an individual or global licence;

3) the entity lost the guarantee that trade is carried out in conformity with the law.

2. Before issuing the decision on withdrawal or change of an individual or global licence, the trade control authority may request an opinion of the advisory authorities. Article 12(2) and Article 12a shall apply accordingly to the opinion.

3. No compensation shall be applicable in the case of withdrawal or change of an individual or global licence for reasons attributable to the entity.

Article 17a.21) 1. The trade control authority shall be the competent authority for:

1) performing information obligations defined in Article 4(1)-(3) and (6), Article 5(1), Article 8(2) and (3), Article 9(4)(b) and (c) and Article 9(6), Article 11(2), Article 13, Article 17(2) and Article 25 of the Regulation No. 428/2009;

2) deciding about the necessity to obtain a licence for export of dual-use items which are not listed in Annex I to the Regulation No. 428/2009 in cases referred to in Article 4(4) of the Regulation No. 428/2009;

3) prohibiting the transit in cases referred to in Article 6(1) of Regulation No. 428/2009;

4) supplying the European Commission with a list referred to in Article 10(4) of Regulation No. 428/2009;

5) requesting and issuing opinions in cases referred to in Article 11(1) of Regulation No. 428/2009;

6) requesting the competent authority of the European Union Member State not to grant a licence or requesting the licence annulment, suspension, modification or revocation in cases referred to in the first sentence of Article 11(2) of the Regulation No. 428/2009, as well as for consulting, in line with the second sentence of Article 11(2) of the Regulation No. 428/2009, the competent authority of the European Union Member State which requested the trade control authority not to grant a licence or requested the licence annulment, suspension, modification or revocation;

7) performing tasks referred to in Article 13(2) of Regulation No. 428/2009;

8) deciding about suspension of export from the territory of the Republic of Poland of the dual-use items listed in Annex I to the Regulation No. 428/2009 which are covered by a valid licence, if the reasons referred to in Article 16(3)(a) and (b) of the Regulation No. 428/2009 occur;

9) consulting the competent authority of another European Union Member State in the case referred to in Article 16(4) of Regulation No. 428/2009;

10) requesting:

a) the exporter or the broker, pursuant to Article 20(3) of the Regulation No. 428/2009 to present the registers or records and the documents referred to in Article 20(1) and (2) of the Regulation No. 428/2009, in line with the Code of Administrative Procedure;

b) the entity carrying out the intra-community transfer to present the registers or records and the documents referred to in Article 22(8) of the Regulation No. 428/2009, in line with the Code of Administrative Procedure;

11) providing additional information in cases referred to in Article 22(9) of Regulation No. 428/2009;


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12) informing the European Commission and the competent authorities of the European Union Member States of the measures it has taken pursuant to Article 22(5) of Regulation No. 428/2009;

13) appointing a representative of the Republic of Poland to the Dual-Use Coordination Group referred to in Article 23 of the Regulation No. 428/2009.

2. Before issuing a decision about the necessity to obtain a licence for export of dual-use items which are not listed in Annex I to the Regulation No. 428/2009 in cases referred to in Article 4(4) of the Regulation No. 428/2009 and about the prohibition of transit referred to in Article 6(1) of the Regulation No. 428/2009, the trade control authority may request the opinion of advisory authorities. Article 12(2) and Article 12a shall apply accordingly.

Article 18. (repealed). 22)

Article 19. (repealed).22)

Article 20. 23) 1. Export, import or transit of items of strategic importance shall be carried out in designated customs offices.

2. The minister competent for public finance shall specify, by way of an ordinance, a list of customs offices referred to in paragraph 1, with a view to ensuring appropriate controls of export, import and transit of items of strategic importance.

3. The trade control authority shall inform the European Commission about customs offices authorised to perform customs activities related to export, import and transit of items of strategic importance.

Article 21. 1.24) The trade control authority shall keep a register of individual or global licences issued and of entities using general licences, hereinafter referred to as “the Register”.

2. (repealed). 25)

3. An individual or global licence shall be entered in the Register immediately after it is issued. The entity shall be entered immediately after the statement referred to in Article 8(3) is submitted.26)

4. The minister competent for Economy shall adopt an Ordinance to determine the procedure of keeping the Register, in particular taking into consideration the type of licences issued as well as the quantity and value of goods of strategic importance covered by the licence.

Chapter 2a 27)

Monitoring of import or intra-community transfer of dual-use items used in telecommunications or for information security

Article 21a. Import or intra-community transfer of dual-use items used in telecommunications or for information security, defined in Part 1 “Telecommunications” 5A001a or 5A001b4 or in Part 2 “Information security” of Category 5 in Annex I to the Regulation No. 428/2009, into the territory of the Republic of Poland shall be monitored by the monitoring authority.

Article 21b. 1. An entity resident or established on the territory of the Republic of Poland prior to the import or intra-community transfer of dual-use items defined in Article 21a to the territory of the Republic of Poland shall notify the monitoring authority about its intention to import or perform an intra-community transfer of those items,

22) Pursuant to Article 1(12) of the Act referred to in footnote 1.



25) Pursuant to Article 1(14)(b) of the Act referred to in footnote 1.

26) The second sentence as set forth in Article 1(14)(c) of the Act referred to in footnote 1.


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which is hereinafter referred to as the "notification".

2. Paragraph 1 shall apply to foreign entities accordingly.

3. An organisational unit reporting to the Ministry of National Defence shall notify also theHead of the Military Counterintelligence Service.

4. The notification shall be submitted to the monitoring authority not later than within 14 days prior to the planned date of import or intra-community transfer to the territory of the Republic of Poland.

5. The notification made shall be a document of relevance for control performed by the Custom Service authorities.

Article 21c. 1. The notification shall include the following data:

1) designation of the notifying entity, the address of its registered office or the place of residence;

2) designation of the entity authorised to receive the dual-use item, the address of its registered office or the place of residence;

3) designation of the producer and the end user, the address of registered office or the place of residence;

4) designation of the dual-use item to be imported or subject to intra-community transfer to the territory of the Republic of Poland, its description, quantity and value;

5) information about the method of the use of the dual-use item by the end user;

6) designation of the final destination country;

7) statement that the entity would take necessary actions to deliver the item referred to in the notification to the end user.

2. The entity resident or established in the territory of the Republic of Poland shall notify the monitoring authority of any changes of data referred to in paragraph 1 within 14 days after such changes occur.

3. Paragraph 2 shall apply accordingly to the buyer if the ownership right to the dual-use item defined in the notification is transferred to the buyer.

4. In the case of import or intra-community transfer of items and technologies related to security of classified information to the territory of the Republic of Poland, the entity resident or established in the territory of the Republic of Poland shall attach a copy of concession to carry out trade in products and technologies to be used for military or police purposes, as defined in the Act of 22 June 2001 laying down the conditions of business activity related to production and trade in explosives, weapons and ammunition as well as products and technologies to be used for military or police purposes (Journal of Laws of 2012, item 1017), to the notification, if required.

5. In the case of formal defects of the notification, the monitoring authority shall request the entity resident or established on the territory of the Republic of Poland to remove the defects within 7 days from the delivery of the request.

6. The period referred to in paragraph 5 may be extended at the request of the entity resident or established in the territory of the Republic of Poland, provided that such request is justified and submitted before the expiry of this period.

7. If the formal defects of the notification are not eliminated within the period referred to in paragraph 5 or 6, the monitoring authority shall consider that the notification was not submitted.

8. A sworn translation into Polish is required for all documents drawn up in a foreign language.

9. The Prime Minister shall specify, by way of an ordinance, the specimen of the notification taking into account the data referred to in paragraph 1 and the type of items to be imported or subject to intra-community transfer to the territory of the Republic of Poland.

Article 21d. The monitoring authority shall notify the Head of the Foreign Intelligence Agency of any import or intra-community transfer of cryptographic equipment to the territory of the Republic of Poland, specifying the importer or recipient data and types of the imported or transferred equipment.

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Chapter 2b28)

Certificate of the recipient’s reliability

Article 21e. The reliability of an entrepreneur residing or having their registered office on the territory of the Republic of Poland, who is the recipient of military goods delivered under general licences for intra-community transfer granted by the competent authorities of other European Union Member States, shall be confirmed by the recipient reliability certificate issued by the Head of the Internal Security Agency, hereinafter referred to as the “Head of the ISA”, by way of an administrative decision.

Article 21f. A recipient reliability certificate issued by a competent authority of a European Union Member State other than the Republic of Poland shall be valid on the territory of the Republic of Poland.

Article 21g. 1. The recipient reliability certificate shall be issued at the request of the entrepreneur referred to in Article 21e.

2. The application of the recipient reliability certificate shall include the following:

1) recipient’s identification data; 2) statement about the capital structure and capital relations of the recipients; 3) the number of concession for trade in military goods, referred to in the Act of 22 June 2001, laying down the conditions of business activity related to production and trade in explosives, weapons and ammunition, as well as products and technologies to be used for military or police purposes.

3. The Prime Minister shall specify, by way of an ordinance, the specimen of the application for the recipient reliability certificate, taking into account the data referred to in paragraph 2 and the type of military goods.

Article 21h. 1. The recipient reliability certificate shall be issued, provided that the entrepreneur:

1) conducts, on the territory of the European Union, business activity related to military goods, in particular to integration of systems and subsystems; 2) appoints an employee performing management functions who will be responsible for intra-community transfers and export of military goods; 3) attaches the following documents to the application referred to in Article 21g(1):

a) a written commitment to respect and enforce the requirements related to end use and export or intra-community transfer of military goods;

b) a written commitment to submit to the Head of the ISA the documents necessary to verify the information referred to in (d) and in Article 21g(2) and to confirm that the requirements referred to in subparagraph 1 and 2 have been met, and to provide information about end users and final end use of military goods exported or subject to intra-community transfer from and to the territory of the Republic of Poland;

c) a copy of the certificate of conformity referred to in Article 11(5);

d) a list of contracts for trade in military goods entered into within 6 months prior to the submission of the application; e) a written commitment to inform the Head of the ISA of any changes of data included in the application.

2. Before issuing the certificate of the recipient's reliability, the Head of the ISA may request the trade control authority, the Head of the Foreign Intelligence Agency, the Head of the Central Anti-corruption Bureau, the Head of the Military Intelligence Service, the Head of the Military Counterintelligence Service, the Police Commander-in-Chief, the Border Guard Commander-in-Chief, the minister competent for foreign affairs and the minister competent for public finance to present their opinion about the lack of objections to issuing the certificate of the recipient's reliability. Article 12(2) and Article 12a shall apply accordingly.

3. Issuing the certificate of the recipient's reliability, the Head of the Internal Security Agency may refrain from justifying his decision or reducethe justification due to the security interest of the state or public order.

Article 21i. The central government administration authorities, state authorities, local government authorities, courts and


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entrepreneurs conducting public utility activity shall provide information at the request of the Head of the Internal Security Agency to the extent necessary to issue or withdraw the certificate of the recipient's reliability.

Article 21j. The recipient reliability certificate shall be issued for the period of 5 years.

Article 21k. 1. The recipient reliability certificate shall include the following:

1) designation of the issuing authority;

2) name and address of the recipient;

3) certification of the reliability of the recipient issued pursuant to Article 21h(1);

4) date of issue and validity period of the certificate.

2. The Prime Minister shall specify, by way of an ordinance, a specimen of the recipient reliability certificate, taking into account the data referred to in paragraph 1.

Article 21l. The Head of the Internal Security Agency shall control whether the recipient meets the requirements and commitments specified in Article 21h(1). Article 30 and Article 32 shall apply accordingly.

Article 21m. The Head of the Internal Security Agency shall refuse, by way of an administrative decision, to issue a recipient reliability certificate or shall withdraw a recipient reliability certificate, if the recipient fails to meet the requirements set forth in Article 21h(1) or has violated the regulations on trade in items of strategic importance. Article 21h(3) shall apply accordingly.

Article 21n. The Head of the Internal Security Agency shall submit a copy of the decision on withdrawing the recipient reliability certificate to the trade control authority.

Article 21o. The trade control authority shall inform the European Commission and competent authorities of the European Union Member States about the cases of withdrawing the recipient reliability certificate.

Article 21p. 1. The Head of the Internal Security Agency shall keep a list of certified recipients residing or having their registered offices on the territory of the Republic of Poland.

2. The Head of the Internal Security Agency shall submit the list referred to in paragraph 1 to the trade control authority which shall submit it to the European Commission, the European Parliament and competent authorities of the European Union Member States.

Article 21q. The minister competent for foreign affairs shall inform the competent authorities of the European Union Member States about the threat that the terms and conditions of the general national licence for intra-community transfer of military goods may not be met in another country by the recipient who obtained the recipient reliability certificate or that the recipient has violated public security or material interests of the state security, and, if necessary, shall request those authorities to provide relevant explanations.

Chapter 3

Import certificate and end user statement

Article 22. 1.29) If required by competent authorities in the country of the foreign exporter, the trade control authority, at the request of the entity, may issue an import certificate or confirm an end user statement.

1a. 30 ) If required by competent authorities in the country of the foreign exporter, the trade control authority may, while confirming an end user statement, undertake to accept restrictions and conditions set forth by those authorities and relating to trade in items of strategic importance.

1b.30) The trade control authority may refuse to issue a licence for foreign trade in items of strategic importance covered by the statement of the end user having its registered office or residing in the Republic of Poland, if the conditions and restrictions set forth by competent authorities of the country of the foreign exporter


30) Added by Article 1(17)(b) of the Act referred to in footnote 1.

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are not met.

2.31) Article 9(2), (6) and (7) shall apply accordingly to the application for an import certificate or confirmation of an end-user statement.

2a.32) Before issuing an import certificate or confirmation of an end-user statement, the trade control authority may request an opinion of the advisory authorities. Article 12(2) and Article 12a shall apply accordingly.

3.33) The import certificate and the confirmed end-user statement are the documents to be presented to competent authorities outside the territory of the Republic of Poland and shall confirm reliability of the entity and supervision exercised by competent authorities of the Republic of Poland over transactions related to import or intra-community transfer of items of strategic importance into the territory of the Republic of Poland.

3a.34) The entities delivering items of strategic importance that reside or have their registered offices on the territory of the Republic of Poland shall in a documented way inform the entities receiving the items of strategic importance about the terms and conditions of the licence for trade in items of strategic importance, including the restrictions on distribution of items of strategic importance. If the trade control authority issued a confirmation of the end user statement regarding a traded item of strategic importance or its part, the information shall include the number and date of confirmation and the name of the end user.

4. (repealed).

5. (repealed).

6.35) The trade control authority may refuse to issue an import certificate or confirm an end user statement, if facts referred to in paragraph 3 cannot be confirmed because there is no guarantee that trade in items of strategic importance is carried out in conformity with the law, or because the internal control system has not been implemented by the entity.

7.35) The minister competent for the economy shall specify, by way of an ordinance, the specimen of an import certificate, taking into account the data referred to in paragraph 8.

8.35) The specimen of an import certificate referred to in paragraph 7 shall specify in particular the following: the importer’s or the recipient’s name, the name of the foreign exporter, their registered offices and residence addresses, the name and description of items of strategic importance, control number, quantity and value, the description of end-use of items of strategic importance, as well as a statement that the importer or the recipient:

1) has undertaken to import items of strategic importance declared in the certificate into the territory of the Republic of Poland and to immediately notify the trade control authority of any changes in terms and conditions of the contract;

2) has declared to be aware that re-export or intra-community transfer from the territory of the Republic of Poland, any change of the end user or declared end-use of the item of strategic importance requires a prior approval of the trade control authority;

3) has agreed with the end user to enable the control of conformity of the use of items of strategic importance with terms and conditions of the licence, to be carried out by the trade control authority with participation of the officials of the foreign exporter's country, in the place where the items are used, in the entire period when these items remain on the territory of the Republic of Poland.

Article 23. 1.36) In the case of export or intra-community transfer of items of strategic importance from the territory of the Republic of Poland,

31) As set forth in Article in Article 1(17)(c) of the Act referred to in footnote 1.


33) As set forth in Article 1(17)(e) of the Act referred to in footnote 1.

34) Added by Article 1(17)(f) of the Act referred to in footnote 1.

35) As set forth in Article 1(17)(g) of the Act referred to in footnote 1.


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the trade control authority shall require the entity to submit an import certificate or an end user statement confirmed by competent authorities in the country of the foreign importer or recipient.

2. An end user statement shall be issued by the foreign end user and shall contain information required by the trade control authority.

3. The statement referred to in paragraph 2 above shall also be confirmed by the foreign importer and competent authorities in the country of final destination.

3a.37) The statement referred to in paragraph 2 shall be a document in which the foreign end user and importer or recipient undertake to comply with the regulations on distribution and use of items of strategic importance referred to in the statement.

4.38) The statement referred to in paragraph 2 shall include in particular:

1) name and address of the exporter orsupplier;

2) designation of the item of strategic importance, its description, type, quantity and value and control number;

3) description of the end use of the item of strategic importance;

4) designation of the final destination country;

5) name and address of the foreign end user;

6) declaration of the end user that they shall not deliver military goods to recipients in a country subject to arms embargo, if military goods are traded;

7) declaration of the end user that they shall not deliver items of strategic importance to any other entity without a prior consent of the trade control authority;

8) confirmation by the competent authority of the end user's country that the end user made the declarations referred to in subparagraph 6 or 7, and the statement of the competent authority of the end user's country that the end user is authorised to hold items of strategic importance;

9) commitment of the competent authority of the end user’s country that a licence for export, sale, lending or disposal of items of strategies importance subject to the statement, in a different way than specified in the end user statement, shall not be granted without prior consent of this authority;

10) name and address of the foreign importer or recipient;

11) declaration of the importer or recipient that he shall not deliver military goods to recipients in a country subject to arms embargo, if military goods are traded;

12) declaration of the importer or recipient that he shall not deliver items of strategic importance to any other entity than the end user without a prior consent of the trade control authority;

13) confirmation by the competent authority of the importer’s or recipient's country that the importer or recipient acknowledged the obligations referred to in subparagraph 11 or 12, and the statement of the competent authority of the importer’s or recipient's country that the importer or recipient is authorised to hold items of strategic importance;

14) designation of intermediate buyers, if any.”;

5.39) The statement referred to in paragraph 2 may not include one or more elements listed in paragraph 4(7)-(9), (12) and (13), if the country of the end user or importer has a trade control system, in particular if it is a party to international agreements referred to in Article 16(1)(2)(b) and (c) and provided that:

1) level of technology of the item of strategic importance is low and the item of strategic importance


38) As set forth in Article 1(18)(c) of the Act referred to in footnote 1.


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is not lethal or is not a key element or component of such an item; or

2) the end user is a state authority or entity.

6.39) In the case of export of military goods to end users having their registered offices outside the territory of the European Union, excluding the end users having their registered offices in the countries listed in Part 2 of Annex IIa to the Regulation No. 428/2009, a Polish diplomatic mission or a consular office shall certify the authenticity of the signature of the person representing a foreign competent trade control authority, who certifies the statement referred to in paragraph 2 and its conformity with the law of the place where it was issued.

Article 24. 1.40) An entity who received an import certificate shall have the right to apply, within 30 days after items of strategic importance are released or collected, to the head of the customs office in the end user location for the issue of a delivery verification certificate confirming that items covered by this certificate were actually brought into the territory of the Republic of Poland by the entity in compliance with the law.

2. Issue of a delivery verification certificate shall be subject to provisions of section VII of the Code of Administrative Procedure.

3.41) The entity shall return all costs incurred by the competent Customs Service authority in the course of proceedings related to the issue of a delivery verification certificate.

4.41) The delivery verification certificate shall include in particular the following data:

1) name of the importer or the recipient, the name of the exporter or the supplier, their registered offices and addresses,

2) name and description of the item of strategic importance;

3) the control number, quantity and value, description of end-use of the item of strategic importance;

4) customs declaration number, the number of the bill of lading, consignment note or any other document confirming the import of items of strategic importance, as well as a confirmation that the importer or the recipient provided reliable documentation to confirm that the delivery has been completed and that items of strategic importance covered by the certificate entered the territory of the Republic of Poland in compliance with the law.

5.41) The minister competent for public finance shall define, by way of an ordinance, the specimen of the delivery verification certificate and the methods of recording such certificates, taking into account the elements specified in paragraph 4 and with a view to enabling verification of recorded data.

6.41) In the case of export or intra-community transfer of items of strategic importance from the territory of the Republic of Poland, the trade control authority may require the entity to submit a delivery verification certificate issued by competent authorities in the country of the importer or recipient.

Chapter 4

Records of trade in items of strategic importance and trade-related information

Article 25.42) 1. The entity trading in items of strategic importance shall keep records of this trade.

2. The records referred to in paragraph 1 shall include in particular the following data:

1) description of the item of strategic importance and its designation;

2) quantity and value of the item of strategic importance;

3) dates of trading;


41) As set forth in Article in Article 1(19)(b) of the Act referred to in footnote 1.


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4) name and address of the exporter or the supplier, and importers or recipients,

5) end use and end user designation;

6) evidence that the information about export restrictions related to a licence for transfer has been delivered to the recipient of items of strategic importance.

3. The entity trading in items of strategic importance shall keep records, registers and documents collected as part of keeping records referred to in paragraph 1 for the period of 5 years starting from the end of the calendar year in which the trading took place.

4. The minister competent for the economy shall set forth, by way of an ordinance, detailed information stored in the records referred to in paragraph 1 and the procedure for keeping the records, taking into account the requirements for the internal control system and the scope of data referred to in paragraph 2.

Article 26.42) 1. An entity trading based on general licences shall submit annual information about the trade to the trade control authority by the end of the first quarter of the following year.

2. The minister competent for the economy shall specify, by way of an ordinance, the scope of information referred to in paragraph 1, taking into account the data in records referred to in paragraph 25(2) and the types of items of strategic importance.

Article 27. At the request of advisory authorities, the trade control authority shall submit any information related to trade in items of strategic importance to these authorities.

Article 27a.43) 1. An entity exporting military goods shall submit to the minister competent for foreign affairs an annual report on the actual exports by the end of April of the following year.

2. The report referred to in paragraph 1 shall include in particular:

1) name, quantity and value of military goods exported;

2) control category;

3) numbers of licences used;

4) the country of the end user.

Article 27b.43) The minister competent for foreign affairs shall specify, by way of an ordinance, the specimen of the report referred to in Article 27a(1), taking into account the information referred to in Article 27a(2) and the types of military goods.

Article 27c.43) 1. The minister competent for foreign affairs shall draw up an annual report on export of military goods which he shall submit to competent authorities of the European Union Member States by the end of the third quarter of the following year.

2. The minister competent for foreign affairs shall publish the report referred to in paragraph 1 by the end of the third quarter of the following year.

Chapter 5

Trade control

Article 28. 1. Trade shall be subject to control.

2. In particular, this control includes:

1) compliance of trade procedures with the respective licence, including verification of completed transactions;

2) efficiency of the internal control system;

3) accuracy of records referred to Article 25.


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3. The control shall be carried out by the trade control authority in co-operation with authorities referred to in Article 29 (2);

4. The trade control authority may request another competent state control authority to carry out the trade control.

Article 29. 1. To carry out the control referred to in Article 28 (1), the trade control authority may set up a control team, hereinafter referred to as “the team”.

2.44) At the request of the trade control authority, advisory authorities shall delegate officers, members of the Army or employees of their subordinate or supervised organisational units to work in the team. The trade control authority may also appoint experts upon their consent to join the team.

3. The trade control authority shall appoint the team leader whose responsibility is to co-ordinate all control tasks and draw up a relevant control report.

4. Control tasks shall be carried out based on the control licence issued by the trade control authority.

5. The minister competent for Economy shall adopt a relevant Ordinance to specify the specimen of the control licence. In particular, a control licence shall specify the following data: the person involved, the type and number of his/her ID, the licence expiry date, as well as a statement that the person subject to control shall provide required information and submit required documentation at the request of the holder of the control licence carrying out control tasks.

Article 30. 1. In particular, team members shall be entitled to:

1) enter the property, building or facility, or their respective parts, where the person subject to control is pursuing its business activities, at the hour and on the day when these activities are or should be carried out;

2) require oral or written clarification, documentation, or any other carriers of information, as well as access to data related to the subject of the control.

2.45) Control tasks shall be carried out in the presence of the person subject to control or the person authorised by it.

2a. 46 ) If these persons referred to in paragraph 2 are absent, control tasks shall be carried out in the presence of another employee subject to control, who may be regarded as a person referred to in Article 97 of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended47)), or in the presence of an appointed witness, who shall be a public officer, but not an employee of the control authority.

3.48) The team leader shall submit the control report to the controlled entity and the controlled entity shall have the right to presents its comments to the report within 14 days from receiving the report.


45) As set forth in Article 25(1)(a) of the Act of 19 December 2008 amending the Act on the freedom of business activity and certain other acts (Journal of Laws of 2009 No. 18, item 97) which came into force on 7 March 2009.


47 ) Amendments to the said Act were published in Journal of Laws of 1971 No. 27, item 252, of 1976 No. 19, item 122, of 1982 No. 11, item 81, No. 19, item 147 and No. 30, item 210, of 1984 No. 45, item 242, of 1985 No. 22, item 99, of 1989 No. 3, item 11, of 1990 No. 34, item 198, No. 55, item 321 and No. 79, item 464, of 1991 No. 107, item 464 and No. 115, item 496, of 1993 No. 17, item 78, of 1994 No. 27, item 96, No. 85, item 388 and No. 105, item 509, of 1995 No. 83, item 417, of 1996 No. 114, item 542, No. 139, item 646 and No. 149, item 703, of 1997 No. 43, item 272, No. 115, item 741, No. 117, item 751 and No. 157, item 1040, of 1998 No. 106, item 668 and No. 117, item 758, of 1999 No. 52, item 532, of 2000 No. 22, item 271, No. 74, item 855 and 857, No. 88, item 983 and No. 114, item 1191, of 2001 No. 11, item 91, No. 71, item 733, No. 130, item 1450 and No. 145, item 1638, of 2002 No. 113, item 984 and No. 141, item 1176, of 2003 No. 49, item 408, No. 60, item 535, No. 64, item 592 and No. 124, item 1151, of 2004 No. 91, item 870, No. 96, item 959, No. 162, item 1692, No. 172, item 1804 and No. 281, item 2783, of 2005 No. 48, item 462, No. 157, item 1316 and No. 172, item 1438, of 2006 No. 133, item 935 and No. 164, item 1166, of 2007 No. 80, item 538, No. 82, item 557 and No. 181, item 1287, of 2008 No. 116, item 731, No. 163, item 1012, No. 220, item 1425 and 1431 and No. 228, item 1506, of 2009 No. 42, item 341, No. 79, item 662 and No. 131, item 1075, of 2010 No. 40, item 222 and No. 155, item 1037 and of 2011 No. 80, item 432, No. 85, item 458 and No. 230, item 1370.


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4.49) The team leader shall submit the control report along with the comments of the controlled entity to the trade control authority.

Article 31.50) 1. If any trade-related irregularities are identified, the entity shall be requested by the trade control authority to ensure compliance with provisions of this Act within 1 month from delivery of such request.

2. After the ineffective expiration of the period referred to in paragraph 1, the trade control authority shall withdraw individual or global licences by way of a relevant administrative decision. If the case of general licences, the trade control authority shall issue an administrative decision prohibiting the entity from using the licence. The trade control authority shall inform advisory authorities about the decision.

3. In the case referred to in paragraph 2, the entity may be granted another individual or global licence or may use a general licence not sooner than after one year following the date when the decision to withdraw the individual or global licence or to prohibit the entity from using a general licence, became final.

Article 32.50) Chapter 5 of the Act of 2 July 2004 on freedom of economic activity shall apply to control of the economic activity of the entrepreneur.

Chapter 6

Penal provisions and financial penalties

Article 33. 1. Any person pursuing trade without a relevant licence or contrary to conditions set forth in the licence, however unintentionally, shall be punished by imprisonment for a term of 1 year to 10 years.

2. If the person carrying out trade contrary to conditions set forth in the licence acts with no intent, and if this person takes actions referred to in Article 31 (1), this person shall be liable to a fine, restriction of liberty or imprisonment up to 2 years.

2a. 51) Whoever provides false or incomplete information in the application for licence for trade shall be subject to a fine, restriction of liberty or imprisonment of up to 2 years.

3. Any person committing the act referred to in paragraph 1 or 2 above shall be liable to the penalty referred to in paragraph 1 above.

4.52) In the case of conviction of the offence referred to in paragraphs 1, 2 or 3, the court may order forfeiture of items of strategic importance or other items used or designated for use in committing an offence, or coming directly or indirectly from an offence, including cash and securities, even if these items are not the offender’s property.

Article 34.53) Anyone who fails to meet the obligation referred to in Article 26(1) shall be liable to a fine.

Article 35. Any person who obstructs the control procedures referred to in Article 28 (1) shall be liable to a fine.

Article 35a. Any person who does not satisfy the obligation referred to in Article 21c (2) shall be liable to a fine.

Article 36. Ruling in cases referred to in Articles 34, 35 and 35a shall be subject to provisions of the Act of 24 August 2001 – the Petty Offences Procedure Code (Journal of Laws of 2008, No. 133, item 848, as amended 54)).



51) Added by Article 1(25)(a) of the Act referred to in footnote 1.

52) As set forth in Article in Article 1(25)(b) of the Act referred to in footnote 1.


54 ) Changes of the consolidated text of the said act were announced in the Journal of Laws of 2008 No. 214, item 1344 and No. 237, item 1651, of 2009 No. 178, item 1375, No. 190, item 1474 and No. 206, item 1589, of 2010 No. 182, item 1228, No. 197, item 1307 and No. 225, item 1466, of 2011 No. 217, item 1280, No. 240, item 1431 and No. 244, item 1454 and of 2012 item 1101.

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Article 37.55) Any legal person or organisational unit without legal personality, but with legal capacity, that carries out trade without a valid licence shall be subject to a financial penalty of up to PLN 200 000 imposed by the trade control authority by way of an administrative decision.

Art. 37a.55) An entity importing or performing an intra-community transfer of dual-use items defined in Article 21a to the territory of the Republic of Poland without notifying the monitoring authority of its intention to import or perform an intra-community transfer to the territory of the Republic of Poland shall be subject to a financial penalty of up to PLN 100 000 imposed by the trade control authority by way of an administrative decision.

Article 37b.56) The entity that fails to meet the obligations referred to in Article 8(3), Article 22(3a), Article 25(1) and Article 27a(1) shall be subject to a financial penalty of up to PLN 100 000 imposed by the trade control authority by way of an administrative decision.

Article 38.57) Any legal person or organisational unit without legal personality, but with legal capacity, that carries out trade contrary to conditions set forth in the licence or provides false or incomplete information in its application for licence shall be subject to a financial penalty of up to PLN 100 000 imposed by the trade control authority by way of an administrative decision.

Article 39.57) Any legal person or organisational unit without legal personality, but with legal capacity, that fails to meet the obligations or requirements referred to in Article 26(1) shall be subject to a financial penalty of up to PLN 50 000 imposed by the trade control authority by way of an administrative decision.

Article 40. 1. Financial penalties shall not be imposed after the period of 5 years following the date when the basis for liability referred to in Articles 37-39 was identified.

2. An imposed financial penalty shall not be collected after the period of 5 years following the date when the decision to impose such a penalty has become final.

Article 41. 1. The term of payment of the financial penalty shall be 30 days after the date when the decision to impose such a penalty has become final.

2. Financial penalties not settled by the set date shall be collectible along with default interest pursuant to provisions of

the administrative enforcement procedure.

Article 42.58) If the payment of the imposed penalty by the deadline referred to in Article 41 (1) considerably limits or prevents further business activities of the entity, the trade control authority may, if so requested by the entity, issue an administrative decision to prolong the payment term or accept payment in instalments for a period of up to 1 year.

Chapter 7

Amendments of existing provisions

Articles 43-46. (omitted).

Chapter 8

Temporary and final provisions

Articles 47-50. (omitted)

Article 51. The Act of 2 December 1993 on conditions of special control of foreign trade in goods and technologies related to international agreements and commitments (Journal of Laws No. 129, item 598, of 1996 No. 106, item 496, of 1997 No. 88, item 554 and No. 157, item 1026, and of 1999 No. 70, item 775 and No. 83, item 931) is hereby repealed.





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Article 52. The Law shall come into force on 1 January 2001, save for: 1) Article 8 (2) – effective after 3 years as of the date of its promulgation;

2) Article 9(4)(1) and (4) and Article 10 (1) – effective as of 1 January 2003.

5 The Act was promulgated on 28 December 2000.

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