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About the System
Our tool provides comprehensive support for recording and reporting, helping companies maintain full compliance with national regulations concerning dual-use products.
The record is maintained according to the forms of trade:
Export, Intra-EU transfer, Brokerage services, Technical assistance, Import, Transit.
Target Market
Defense and Security Industry
Companies involved in the production and distribution of military equipment can use the system to monitor and control the flow of materials, technologies, and final products. The system ensures compliance with regulations regarding the trade of weapons and military equipment.
Technology Industry
The production and export of advanced technologies, such as encryption software or computer systems, require strict control. The record system aids in managing these processes, ensuring compliance with dual-use technology export regulations.
Chemical and Biotechnological Industry
Companies operating in the chemical and biotechnological sectors can use the system to control the trade of substances that could be used to produce chemical or biological weapons. The system enables precise tracking of the movement and use of these materials.
Logistics and Transport
Logistics companies involved in the storage and transportation of strategic goods can use the system to monitor shipments and ensure their safe transit. The system facilitates document management and compliance with legal requirements related to the transport of dual-use goods.
Energy Industry
Controlling the trade of materials and technologies used in the energy industry, including nuclear technologies, is critical for national security. The system supports the management of these resources, ensuring their safe and compliant use.
Aerospace Industry
Companies in the aerospace sector that produce technologies with potential military applications can use the record system to monitor and control their products.
Other Industries
The system can be utilized by any company that produces strategically significant products.
Key Requirements and Principles Established by the Act
Scope of Application
The Act applies to entities and transactions involving:
- Key sectors such as energy, critical infrastructure, telecommunications, financial systems, healthcare, and defense manufacturing.
- Enterprises deemed essential for public order or national security.
Mandatory Transaction Notification
Transactions that may lead to control over a strategically significant enterprise must be reported to the relevant state authorities. In Poland, this authority is the Minister of State Assets.
Types of Transactions Subject to Notification
Transactions requiring notification include:
- Acquisitions (e.g., purchase of shares, stakes, or enterprises).
- Investments that result in significant influence over the management or operations of an enterprise.
- Purchases of assets critical to state functions.
Transaction Assessment Criteria
State authorities assess whether a transaction poses a threat to public order or national security. This evaluation considers:
- The potential impact on continuity of supply in strategic sectors.
- Risks of transferring critical technologies.
- The possibility of losing control over critical infrastructure.
Transaction Approval Procedure
After notification, the Minister of State Assets may:
- Approve the transaction.
- Issue a prohibition if the transaction is deemed a threat to national interests.
- Specify conditions under which the transaction may proceed.
Penalties for Non-Compliance
Failure to comply with the obligations under the Act may result in:
- Transaction invalidation.
- Financial penalties imposed on entities involved in the transaction.
- Other legal consequences to safeguard state interests.
International Cooperation
The Act also provides mechanisms for international cooperation on investment control, aligning with European Union regulations and other international agreements.