Sejm (Polish Lower Parliament) rejected some of the amendments to the act on the special solutions for counteracting aggression against Ukraine and protecting national security, including the list on freezing, inter alia, funds, deposits and remittances of persons and entities supporting the activities of the Russian Federation were created by the Prime Minister.
In the version adopted by the Sejm, this list was to be created by the minister of internal affairs and administration. The Senate introduced an amendment that the list should be created by the Prime Minister. MEPs rejected this amendment.
The deputies were also against the clarification that the group of authorized entities, the amount and the procedure for determining compensation of actual damages incurred not only in connection with the aggression of the Russian Federation, but also with the termination of cooperation with persons or entities included in the list, will be determined by a separate act. This means that the act will include a provision that the compensation in the announced act is to apply to the embargo imposed.
The Sejm also rejected the amendment assuming that if a decision on entry on the list is appealed to an administrative court, the complaint is considered within three days of its lodging.
The purpose of the act is to freeze all funds and economic resources of persons and entities that will be indicated on a special list kept by the minister of the interior and administration in connection with supporting the Russian aggression against Ukraine.
Freezing will apply to all financial resources and economic resources being the property, possession, effective possession or control of the natural or legal persons, entities, bodies or natural or legal persons, entities or bodies indicated on the list indicated on the list.
The freezing of funds will concern, among others: cash, checks, money orders, deposits placed with financial institutions or other entities, securities, bonds as well as stocks and shares. The freezing of economic resources will apply to all types of assets, tangible and intangible, movable and immovable, which are not funds but may be used to obtain funds, goods or services. Entities included in the list will not be able to implement public procurement.
The idea is to create a list of persons and entities, separate from the lists contained in European Union regulations, against which the measures contained in the EU regulations may be applied.
The decision on entry on the list or removal from it will be issued by the minister competent for internal affairs on his own initiative or upon a justified request.
If a person or entity which, in relation to the persons or entities indicated on the list, to whom the restrictive measures are applied:
– fail to comply with the obligation to freeze funds or economic resources or prohibit the making available of funds or economic resources,
– fail to comply with the obligation to immediately provide the information required under the regulations,
– do not comply with the prohibition of knowingly participating in activities aimed at circumventing the application of restrictive measures will be subject to a financial penalty.
The fine is to be imposed by the head of the National Revenue Administration, by way of an administrative decision, up to PLN 20 million.
At the same time, entities subject to EU sanctions, as well as those entered on the list kept by the minister of internal affairs and administration, will be excluded from the public procurement procedure. The fine will be imposed by the president of the Public Procurement Office by way of an administrative decision.
Source: ISBnews
