The Association “Swojak” appeals to the president of the Republic of Poland on the Sanctions Act

dzienniknarodowy.pl 4 months ago

The Association of Entrepreneurs and Farmers “Swajak” sent a letter to the president of the Republic of Poland Andrzej Duda, in which he calls for the amendment of the Act to prevent the promotion of aggression against Ukraine to the Constitutional Court. The organization pays attention to imprecise regulations and excessive burden on Polish exporters.

Criticism of rules of doubt

According to the Association, the bill contains unclear and oppressive provisions. 1 of the most serious allegations is the deficiency of a clear list of countries to which exports affect a hazard of circumvention, which means that traders can be severely punished for violating imprecise regulations.

“The Act imposes circumstantial obligations on exporters of goods subject to sanctions, exported to countries at hazard of being active in circumventing restrictive measures, without specifying specifically which countries are concerned” – emphasizes the Association “Swajak” in its letter.

Furthermore, Article 14a(2)(3) which requires exporters to get a declaration from the maker of the goods on its final usage raises doubts. As entrepreneurs point out, in many cases this is impossible due to extended supply chains.

Problemous deadlines and deficiency of appeal

Another criticised provision is the request to submit a customs clearance paper in the country of destination within 45 days of the removal of the goods from the EU. According to “Swojak”, in the case of deliveries to distant countries specified as Australia, Japan or Chile, this request is unrealistic for logistical reasons.

“There are a number of countries to which transportation of goods within 45 days may prove impossible for nonsubjective reasons, i.e. long distances, hard shipping conditions or transshipment in abroad ports” – reads the letter.

In addition, the Act does not supply for any appeal against the decision of the Chief of Customs and taxation Office to impose penalties, which constitutes a breach of the rule of duality of proceedings.

The legislature Legislative Office besides made critical comments on the amendment. The opinion of 20 January 2025 highlighted that any provisions violate the rule of legal clarity, which may be contrary to the Constitution of the Polish Republic. The problem of double punishment of entrepreneurs, both in the form of administrative penalties and imprisonment, has been peculiarly highlighted.

Call to the President

“Swajak” asks president Duda to mention the bill to the Constitutional Court to check its compliance with the Constitution of Poland. The organisation indicates that while sanctions against Russia and Belarus are justified, they should not lead to excessive burdens on Polish companies.

“We trust that the President, as a individual whose quality of the law was and is always peculiarly expensive, will decide to make certain before the law is signed that it is not contrary to the Constitution, by consulting the Constitutional Court” – concludes the letter of the Association.

The amendment of the Sanctions Act raises considerable controversy among entrepreneurs. Unprecise rules, excessive administrative burdens and the deficiency of effective appeal are criticised. The opinion of the Legislative Office of the legislature and the economical community points to crucial legal problems that may impede the activity of Polish exporters. The decision of the president of Poland may prove crucial for the future of this law.

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