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STRATEGIC GOODS:
WEAPONS | DUAL-USE ITEMS

DUAL USE

Goods of strategic importance are goods of particular importance for the security of the state, as well as for the maintenance of international peace and security. The following can be distinguished:

  • armaments: weapons, ammunition, explosives, products, their parts, and technology;

  • dual-use items: items, including software and technology, that can be used for both civil and military purposes and include all goods that can be used in both non-explosive applications and in any way to assist in the production of nuclear weapons; or other nuclear explosive devices.

 

Enterprises involved in foreign trade are subject to international control procedures that supervise the rotation of strategic goods. The control of dual-use goods is regulated by European Union legislation, while the control of arms is based on national legal acts. Entities performing activities that are subject to control are obliged to comply with them, and violation of regulations in this area is associated with the risk of imposing financial penalties and criminal sanctions.

Our law firm, as one of the few on the Polish market, offers comprehensive legal advice on issues related to the strategic trading of weapons and dual-use goods. The scope of our services includes support in the identification and classification of goods, preparation of internal control systems, and assistance in obtaining appropriate concessions, licenses, and permits for trade in compliance with the provisions of Polish law and the provisions of the European Union law.

The scope of activities of our law firm includes in particular:

  • Support in the qualification of goods for trade control purposes (both dual-use goods and arms);

  • Preparation of documentation necessary to apply for a license to conduct business activity in the field of manufacturing and trading in explosives, weapons, ammunition, as well as products and technology for military or police purposes;

  • Supervision and coordination of activities aimed at completing the technical documentation necessary to obtain a concession;

  • Implementation of internal control systems;

  • Preparation of documentation necessary to apply for a permit:

    • on arms rotation;

    • for intra-EU transfer of military goods;

    • export of dual-use items,

    •  intra-EU transfer of products listed in Annex IV to Regulation No 428/2009

    •  technical assistance

    • brokering of dual-use items

  • Audit - a review of the existing internal procedures (including procedures for recording rotation) and documentation (in particular, permits) in terms of their compliance with legal provisions, identification of possible gaps, and recommendations aimed at increasing the effectiveness of existing internal procedures and reducing the risk of violating legal provisions in production and marketing;

  • Customer support in contacts with state administration bodies dealing with trade control;

  • Ongoing advice on regulations in the field of trade control;

  • Conducting training in the field of:

    • issues related to the Act on production and trading (concession),

    • obligations under the Foreign Trade Act.

KW KRUK AND PARTNERS
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