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Poland. 2020 ‘International Transfers.’ National Report of Poland on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Section 3, pp. 7-9. New York NY: Permanent Mission of Poland to the United Nations. 1 January

Relevant contents

Laws, regulations and administrative procedures

3.1. Does your country have laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW? YES

3.1.1. List laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW.

- 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 21 May 2019, item 953 with later amendments);
- Regulation of the Minister of Entrepreneurship and Technology of 24 June 2019 on the list of military goods to be traded based on a relevant license (Journal of Laws of 22 July 2019, item 1360);
- Regulation of the Minister of Economy of 30 July 2012 on the model of import certificate (Journal of Laws 14 August 2012, Item 923);
- Regulation of the Minister of Entrepreneurship and Technology of 22 August 2019 amending Regulation on the models of applications and licences for trade in items of strategic importance (Journal of Laws 2019, Item 1748);
- Regulation of the Minister of Entrepreneurship and Technology of 3 April 2018 on the scope of information to be submitted to the trade control authority by entities trading in items of strategic importance based on general licences (Journal of Laws 2018, Item 747);
- Regulation of the Minister of Development and Finance of 25 May 2017 on the national general authorization (Journal of Laws 2017, Item 1045);
- Regulation of the Minister of Economy of 10 May 2013 on the records of trade in items of strategic importance (Journal of Laws 29 May 2013, Item 619);
- Ordinance of the Minister of Foreign Affairs of 2 December 2013 on the specimen of report on the actual export of armaments (Journal of Laws, 18 May 2013, Item 1576);
- Regulation of the Minister of Economy of 12 April 2013 on the list of certification bodies authorized to perform compliance certification and compliance audits of the internal control system (Journal of Laws, 6 May 2013 Item 525);
- Ordinance of the Minister of Finance of 8 July 2015 on customs offices authorised to clear items of strategic importance for export, import, or transit (Journal of Laws, 23 July 2015, Item 1021);
- Ordinance of the Minister of Finance of 1 July 2013 on the model delivery verification certificate and the method of keeping records of issued certificates (Journal of Laws, 4 July 2013 Item 774);
- Ordinance of the President of the Council of Ministers of 29 April 2014 on the specimen of application for the issuance of reliability certificate of a recipient of armaments transferred as part of general licences for intra-community transfer, issued by authorised bodies of other European Union member states (Journal of Laws, 13 May 2014 Item 601);
- Ordinance of the President of the Council of Ministers of 29 April 2014 on the specimen of reliability certificate of a recipient of armaments transferred as part of general licences for intra- community transfer, issued by authorised bodies of other European Union member states (Journal of Laws, 13 May 2014 Item 602);
- Regulation of the Minister of Economy of 25 January 2011 on the format of the authorisation to carry out control of 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 2019, Item 1748).

In the scope of SALW subject to authorisation for civilian use:
- Transfer of SALW from the territory of the Republic of Poland to other EU Member States or into the territory of the Republic of Poland from other EU Member State requires proof for consent of transportation / proof of prior consent of transportation.
- Export or import of SALW to third country is possible after obtaining export authorisation or certificate of acceptance of SALW in the territory of the Republic of Poland. The rules are set out in the provisions of:

- Act of 13 June 2019 on performing economical activities in the area of production and trading of explosives, weapons and ammunition, products and technology for military or police purpose, hereinafter: Act of 13 June 2019 (OJ. No of 2019, item 1214, as amended) and;
- In an administrative procedures to exercise effective control according to Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 Implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and ammunition (OJ UE L 94/1, 30.03.2012) [and];
- Provisions of Regulation (EU) No 258/2012 of the European Parliament and of the Council have been implemented in Act of 13 June 2019.

An entrepreneur operating in Poland is required to obtain a license to export of SALW for civilian use. Import of SALW for civilian use into Poland don't require a license. It is done on the basis of a concession issued by Minister of Interior. To import of SALW for civilian use, under the Act of 13 June 2019 an entrepreneur, operating in Poland, may (upon his request) obtain an import certificate or confirmation of the end-user statement, if is required by the competent authority of a third country of supplier's. List laws, regulations or administrative procedures to exercise effective control over the export, import, of SALW for civilian use : Act of 13 June 2019 on performing economical activities in the area of production and trading of explosives, weapons and ammunition, products and technology for military or police purpose (OJ. No of 2019, item 1214, as amended),

-REGULATION OF THE MINISTER OF ENTREPRENEURSHIP AND TECHNOLOGY of 16 July 2019 on the model of
application for granting an import certificate and confirmation an end-user statement (Journal of Laws, 29 July 2019, item 1386)
- REGULATION OF THE MINISTER OF ENTREPRENEURSHIP AND TECHNOLOGY of 16 July 2019 on the model of application for granting an export license for firearms, their parts and components and ammunition (Journal of Laws, 25 July 2019, item 1385)
- REGULATION OF THE MINISTER OF ENTREPRENEURSHIP AND TECHNOLOGY of 16 July 2019 on the model of
import certificate (Journal of Laws 29 July 2019, item 1404);
- Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and ammunition (OJ UE L 94/1, 30.03.2012).

[SALW = Small Arms and Light Weapons]

ID: Q14587

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