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Poland - New Foreign Exchange Regulations

2003-01-28 12:00
publikacja
2003-01-28 12:00
A new Foreign Exchange Act (the "Act") was adopted by the Polish Parliament on 26 July 2002, and will come into effect on 1 October 2002.

The Act adjusts the Polish legal system concerning foreign exchange, to the requirements of the European Union regulations, in particular Articles 56 and 57 of the European Treaty.

The Act removes all limitations on the movement of capital and payment transfers between Poland and the member states of the European Union, the European Economic Area and OECD.

Limitations on the free movement of capital will still apply to so-called "third countries". The most important limitations relate to:

  • making direct investments in third countries (including the acquisition of real estate and stock, or giving loans);
  • providing entities from third countries with financial services;
  • transactions in securities with entities from third countries or transactions relating to securities issued by entities located in third countries.
  • All such transactions will need a foreign exchange permit, which may be given either in a form of a general permit (issued by the Minister of Finance in the form of an Ordinance), or in the form of an individual permit (issued by the National Bank of Poland on an individual basis).

    The main implications of the Act will be:

  • Polish citizens will no longer need a permit to acquire real estate in the European Union, the European Economic Area or the OECD, or a permit to open and maintain bank accounts in those countries;
  • a permit will no longer be necessary for a loan from or to Poland, where the loan is repayable within one year (except for loans granted to or by residents of third countries).
  • If you require any further information about the Foreign Exchange Act, please contact Arkadiusz Michaliszyn at arkadiusz michaliszyn@cmck.com or on +48 22 520 56 19 or Jaroslaw Miller at jaroslaw.miller@cmck.com or on +48 22 520 56 59.

    Date: 16-Sep-2002

    The above information is provided courtesy of leading international law firm CMS Cameron McKenna. To review an archive of information and to register for CMS Cameron McKenna's email update service on topical legal issues in Poland, please click on: http://www.law-now.com/law-now/bankier/

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