Amendment to the Act on the National Revenue Administration

Amendment to the Act on the National Revenue Administration and Certain Other Acts

On March 12th, 2024, the Council of Ministers adopted a draft amendment to the Act on the National Revenue Administration and other acts, presented by the Minister of Finance. The new regulations introduce significant changes aimed at aligning Polish law with EU regulations and strengthening control over the flow of financial resources. What are the key aspects of this project?

Main Objectives of the Amendment

The draft bill includes:

Aligning Polish law with EU regulations concerning the obligations of importers of minerals originating from conflict-affected and high-risk areas.
Strengthening control over financial resources entering and leaving the European Union.
Preventing money laundering and terrorist financing.

Conflict Minerals

“Conflict minerals” include tin, tantalum, tungsten, their ores, and gold originating from conflict-affected areas (e.g., war zones) and high-risk areas, such as unstable post-conflict regions. EU importers of these raw materials must fulfil several obligations:

Due diligence in the supply chain: Importers must verify and document the origin of minerals and undergo audits by independent entities.
Preventing negative impacts: These measures aim to minimize the adverse effects associated with the excavation of these raw materials.

With the new regulations, financial transparency in transactions involving conflict minerals will be enhanced, which is a step towards a more responsible international trade.

Ex Post Control

Tasks related to ex post control of importers in Poland will be assigned to the Head of the National Revenue Administration. The act specifies the procedure for carrying out these controls and the moment they are initiated:
The importing company, upon receiving the authorization for control, will also receive a summons to submit documents confirming due diligence in the supply chain.

Cross-Border Cash Flows

The amendment aims to align Polish law with the EU regulation governing the control of cash entering and leaving the EU. Key changes include:

Tasks of the National Revenue Administration: Control of cash declarations, the obligation to disclose cash in transport, verification of declarations, and transmitting information to financial intelligence units will be carried out exclusively by the National Revenue Administration.
Changes in control responsibilities: Currently, these tasks are also performed by the Federal Border Guard, but under the new regulations, they will be assigned exclusively to the National Revenue Administration.

Criminal Fiscal Provisions

Proposed changes to criminal fiscal provisions aim to:

Improve the fulfilment of the reporting obligation: The changes aim to ensure that importers accurately report all required information.
Effectiveness of Customs and Fiscal Service actions: The new regulations will enable more effective execution of controls covering the cross-border cash transactions.

Entry into Force

The new regulations will come into force 14 days after their publication in the Polish Journal of Laws. An exception is the amendment concerning the Foreign Exchange Law, related to fiscal offenses in currency exchange offices, which will come into force 3 months after the announcement.

Summary

The amendment to the Act on the National Revenue Administration and other acts is a step towards greater transparency and responsibility in international trade. Aligning Polish law with EU regulations on conflict minerals and strengthening control over financial flows will help combat money laundering and terrorist financing. The new regulations will benefit not only to importers but also to the society as a whole, ensuring significant more transparent and secure international transactions.

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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