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Partner: Euromaidan Warszawa
title

Wsparcie

dla obrońców Ukrainy

W ramach zbiórki publicznej pomagamy wyposażyć ukraińskich wojskowych i Gwardię Narodową w podstawowe środki ochrony życia i zdrowia.

fot. Polaris Images/EastNews

What the law says

We currently hold a permit to organise public collections until 31 December 2015. We have to submit accounts concerning all donations and expenditure to the Ministry. We conduct fundraising according to the new rules which are set out in the Act of 14 March 2014 on the Rules for Public Collections (Journal of Laws /Dz. U./ of 2014, item 498 pdf_ico).

Where money has been collected in public places in donation boxes (cash) and non-cash items collected – since these are public fund raising activities – we have notified the Ministry of Administration and Digitalisation (MAiC) of the collection (www.zbiorki.gov.pl; collection number: 2015/237/OR). As regards electronic collections – namely voluntary payments into a bank account – under the new rules, these are not public collections and do not need to be reported. In this case, since the money flow is registered, transparency and the possibility to track said money are ensured.

Deliveries of helmets and bullet-proof vests, even for humanitarian aid purposes, are strictly regulated under Polish law in line with the applicable EU Directives. The provisions of the Act pdf_ico of z 22 June 2001 on the Pursuance of Business Operations in the Production of, and Trade in, Explosives, Weapons, Ammunition and Technologies for Military or Police Use (Dz. U. of 2012, item 1017, as amended).

As well as the Act pdf_ico of 29 November 2000 on Trade with Foreign Countries in Goods, Technologies and Services of Strategic Importance for State Security and for the Maintenance of International Peace and Security (Dz. U. of 2013, item 194).

Even though they are defensive in their nature and serve the purpose of protecting health and life, bullet-proof vests and helmets are considered to be goods of strategic importance – as are machine guns, tanks and nuclear arms. Their purchase and delivery, even for the purposes of protecting civilians, require the applicable licences and permits. No licence is required for vests or helmets held for personal use.

In view of the foregoing, the Foundation was granted by the Minister of Internal Affairs, a licence pdf_ico to engage in business operations as regards so-called domestic transfers.

Before the licence was granted, the Foundation had to meet a number of requirements set out in the aforementioned Act (including training of our staff, medical and psychological tests, as well as obtaining positive references from the Minister of Economy, Head of the Internal Security Agency, Head of the Military Counterintelligence Service and Commander of the Capital City Police). The Foundation also applied to the Minister of Economy (cross-border transfers) for a permit to undertake aid activities for Ukraine.

At present, we are being assisted by our partners who have the required permits. We buy and deliver equipment having no combat characteristics. This is usually fully functional equipment but not defined under the law as requiring a licence.

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