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Poland. 2008 ‘Brokering.’ 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 8, pp. 4-6. New York, NY: Permanent Mission of Poland to the United Nations. 11 April

Relevant contents

General principles:

The brokering activities in SALW are covered by the Law of November 29, 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). According to the above mentioned Law brokering services, as well as foreign trade in arms, military equipment and dual use goods, are prohibited by the Polish law unless the company complies with the requirements provided by national law and international agreements. As a consequence a license issued by the trade control authority - Minister of Economy - is required for brokering activities.

Generally, the Law allows for issuing individual, general or global authorisations for brokering SALW, but practically only individual licenses are granted. Individual rights resulting from brokering licenses are non-transferable. The validity period of individual authorisation for brokering may not be longer than 1 year. The trade control authority may withdraw or change an individual authorisation…

Licensing and record-keeping:

- Only a company that presents a valid certificate confirming implementation of the internal system of control and management of trade related to items of strategic importance (Internal Compliance Program - ICP) is entitled to apply to the Minister of Economy for authorisation for foreign trade in arms, military equipment and dual use goods, including authorisation for brokering in SALW.
- Application for a brokering authorisation should specify…
*Name of the producer and end-user, their registered offices and addresses…
*Country of final destination…
- License for brokering is issued by the trade control authority - Minister of Economy - based on an opinion of advisory authorities (Minister of Foreign Affairs, Minister of National Defence, Minister of Interior and Administration, Head of the Internal Security Agency, Head of the Foreign Intelligence Agency, Minister of Public Finance and President of the National Atomic Energy Agency), and having determined that all legal requirements have been satisfied…
- All licenses including those for brokering in SALW are registered in the Tracker electronic licensing system. There is no time limit for keeping such records.

Registration and authorisation:

Companies are required by law to obtain written individual authorisation (license) for each brokering transaction.

- Any company that presents a valid certificate of Internal Compliance Program may apply for authorisation for brokering.
- Poland keeps a register of all companies that are entitled to apply to the Minister of Economy for authorisation for trade in items of strategic importance, including brokering in SALW…

Enforcement:

The law provides for penal provisions of up to 10 years of imprisonment and financial penalties of up to 50,000 Euro for breaking requirements of Law 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.

[SALW = Small Arms and Light Weapons]

ID: Q8950

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