World Trade Organization

Import Licensing Procedures

Yarn

Document symbol
G/LIC/N/3/POL/2
Original language
English
Published on
16/10/2002

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

As a rule, imports into Poland are free of restrictions or of the requirement of obtaining a licence, unless statutory regulations or international agreements provide otherwise. Furthermore foreign trade in goods and services is permitted to everybody upon equal rights, subject to terms and restrictions laid down in statutory regulations or international agreements.
Rules for importation into Poland are set in:
- Law – Customs Code dated 9 January 1997 (text published in the Dziennik Ustaw (Journal of Laws) No. 75 of 2001, under item no.802 with later amendments);
- Law dated 11 December 1997 on administering foreign trade turnover in goods and services (published in Journal of Laws No. 157, item no.1026 on 23 December 1997 with later amendments);
- Regulation of the Minister of Economy dated 18 April 2001 concerning licences (permits) to bring goods into and take goods out of the customs area of Poland (Dziennik Ustaw No.35 of 2001, item no. 412) – describes forms of applications for licence (permit), list of documents to be attached to the application, forms of licence (permits), conditions on which particular licence can be issued and used. This Regulation concerns non-tariff measures such as automatic registration, non- automatic registration and quotas;
- Regulation of the Minister of Economy dated 9 March 2001 (Dz. U. No. 19 item 236 and No.35 item 412) concerning import licences issued within tariff quotas - describes form of application for import licence, list of documents to be attached to the application, form of licence, conditions on which licence can be issued and used.
Note:
We are not dealing in this notification with:
a) the system concerning foreign trade turnover in armaments and dual-use goods. This is covered by separate Law dated 29 November 2000 on foreign trade turnover in goods, technologies and services of strategic significance for state safety, and also for maintaining international peace and safety and amendments of some Laws (published in Dziennik Ustaw No.119, item 1250). All up-dated laws and regulations covering the subject area are available on website: www.mg.gov.pl/struktur/wwwdke;

b) wastes - conditions for entry and exit of wastes into and out of Poland are set in the Law dated 27 April 2001 on wastes ( Dziennik Ustaw No. 62, item 628);

c) substances depleting the ozone layer – conditions on which foreign trade turnover in these substances is allowed are set:
- in the Law dated 2 March 2001 on proceedings with substances depleting ozone layer (Dziennik Ustaw No.52, item 537 and No.100, item 1085);
- Regulation of the Minister of Economy dated 2nd August 2002 concerning detailed conditions and mode of licence issuing and forms of applications for licence to manufacture and to conduct a foreign trade in ozone layer depleting substances (Dziennik Ustaw No.134, item 1129).

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Yarn. See product coverage.

Q3. The system applies to goods originating in and coming from which countries?

It applies to goods originating in and coming from all countries (erga omnes)

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

It is not intended to restrict the quantity or value of imports.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

All measures set up are statutory established for definite period of time, in practice with validity till the end of the calendar year. In order to further maintain the given measure, it has to be established anew.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

N/A

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

N/A

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

N/A

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

N/A

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

N/A

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

N/A

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

In accordance with the rules of the Code of Administrative Procedures, applications have to be processed without unnecessary delay i.e. within 2 weeks or 10 working days. In case there is need of some additional explanations, application can be processed and import licence issued within 30 days. In practice, the average actual time to process and issue an import licence is not exceeding one week.

Q7.b. Can a licence be granted immediately on request?

In general, licences are not granted on request. However, in case licences are granted on the first come first served basis and there is no backlog of applications, it is possible to issue a licence the same day.

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

Applications for import licence can be submitted any time during validity of a given measure if there are no specific provisions as to the mode of allocation. The same relates to quotas if they are not yet fully allocated.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

The administrative body authorized to issue licences is the Ministry of Economy.

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Applications for an import licence can only be refused if they do not meet legally set requirements.

Are the reasons for any refusal given to applicants?

Reason or reasons of refusal are communicated to the applicant.

Have applicants a right of appeal in the event of refusal to issue a licence?

Yes.

If so, to what bodies and under what procedures?

The applicant in accordance with the rules of Code of Administrative Procedures, has the right to appeal to the Ministry of Economy or Ministry of Agriculture (in case refusal is made by Agricultural Market Agency) and, at a second instance, to the Supreme Administrative Court.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

All natural and legal persons domiciled in the Republic of Poland, irrespective of nationality or origin, are eligible to apply for an import licence, provided their economic activities have been duly registered in the Republic of Poland.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

What information is required in applications?

The application for a licence contains the usual information regarding the importer, goods, and purchasing contract.

What documents is the importer required to supply with the application?

The following documents have to be annexed to the application:
- extract (copy) from the commercial or other register;
- copy of the applicant’s statistical identification, i.e. statistical number of the company issued by an appropriate statistical office;
- certificate that the applicant is not in arrears with taxes, issued by appropriate fiscal office;
- certificate that the applicant is not in arrears with the obligatory social insurance premium, issued by appropriate social insurance office;
- copy of contract;
- balance of utilization of the previously obtained licence from Customs Office, if there was such a case.

Q11. What documents are required upon actual importation?

Upon actual importation, the importer presents documents such as invoice, SAD, transport document and import licence usually required by the Customs.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Import licence is free of charge.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

There is no deposit or advance payment associated with the issuance of licences (except of import licence for sugar within WTO market access quota).

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

Import licences are generally valid for three months. Its validity cannot be extended. Upon expiry applicant can apply for the new licence submitting, along with the application, a copy of the expired licence with balance of utilization noted down by Customs.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

Non-utilization or partial utilization of licence is not penalized.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Each licence bears the applicant’s name. Licences are not transferable between importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

There are no other conditions connected with the issuance of a licence.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures required to importation apart from health, sanitary, veterinary and quality regulations.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

The foreign exchange is automatically provided for goods to be imported and a licence is not a condition for obtaining foreign exchange.