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Sanctions:
As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.
____________________________________________________
Offshore Jurisdiction Blacklists:
The basic blacklist is comprised of those low-tax jurisdictions listed
in the initial OECD list (except for San Marino), but also includes
Alderney, Hong Kong, Macao and Sark. An expanded list covers
administrative or financial services performed in Belgium, Costa
Rica, Cyprus, France, Germany, Greece, Hungary, Iceland,
Ireland (Shannon Airport Zone), Luxembourg, Madeira, the
Netherlands, Spain (Basque and Navarre co-ordination centers),
Switzerland, Trieste, Turkish free zones, and the UAE. Poland's
corporate income tax law requires detailed documentation of
transactions with any ow-tax jurisdiction named on its blacklist.
____________________________________________________
US State Department Money Laundering Report - 2011:
Poland lies directly along one of the main routes used by
narcotics traffickers and organized crime groups between the
former Soviet Union republics and Western Europe. According to
Polish government estimates, narcotics trafficking, organized
crime activity, auto theft, smuggling, extortion, counterfeiting,
burglary, and other crimes generate criminal proceeds in the
range of $3 - $5 billion each year. According to the Government
of Poland (GOP), evasion of customs duties and taxes is the
largest source of illegal income. Fuel smuggling, by which local
companies and organized crime groups seek to avoid excise
taxes by forging gasoline delivery documents, is a major source of
laundered proceeds. Money laundering through trade in scrap
metal and recyclable material is a growing trend, as is the
increasing activity of organized crime in the financial services
area (internet banking, credit cards and electronic systems for
money transfers). There are a growing number of cases involving
entities located in tax haven countries. It is also believed that
some money laundered in Poland originates in Russia or other
countries of the former Soviet Union. The GOP estimates the gray
economy, used primarily for tax evasion, may exceed 15 percent
of Poland’s gross domestic product (GDP) for 2010. The GOP
estimates the black economy comprises only one percent of GDP.
Poland is not considered a regional financial center, nor is it
considered a particularly important international destination for
money laundering. The GOP considers the nation’s banks,
insurance companies, brokerage houses, and casinos to be
important venues of money laundering. The Finance Ministry
maintains the effectiveness of actions against money laundering
involving transfer of money to tax havens is limited but improving
with the increase in the number of cooperation agreements
concluded with counterparts in such countries.
DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY
TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS
TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US
CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN
THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE
U.S.: NO
CRIMINALIZATION OF MONEY LAUNDERING:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
CRIMINALIZATION OF TERRORIST FINANCING:
Ability to freeze terrorist assets without delay: YES
UN lists of designated terrorists or terrorist entities distributed to
financial institutions: YES
(Please refer to the Department of State’s Country Reports on
Terrorism, which can be found here: http://www.state.
gov/s/ct/rls/crt/)
KNOW-YOUR-CUSTOMER RULES:
Covered entities: Banks, financial leasing and factoring
companies, currency exchanges, investment companies and
funds, the National Depository for Securities, gambling
institutions, insurance companies, the National Bank of Poland,
the Polish Post, foreign legal entities carrying out brokerage
activities, electronic money institutions, credit unions, notaries,
foundations, auctioneers, pawnshops, dealers of high-value
goods and precious metals and stones
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:
Covered entities: Banks, financial leasing and factoring
companies, currency exchanges, investment companies and
funds, the National Depository for Securities, gambling
institutions, insurance companies, the National Bank of Poland,
the Polish Post, electronic money institutions, credit unions,
notaries, foundations, real estate agents, lawyers, auctioneers,
pawnshops, dealers of high-value goods and precious metals and
stones
Number of STRs received and time frame: 15,357 in 2010
Number of CTRs received and time frame: Not available
MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:
Prosecutions: 74 from December 2009 - June 2010
Convictions: 21 from December 2009 – June 2010
Assets forfeited: criminally: Not available civilly: Not available
RECORDS EXCHANGE MECHANISM:
With U.S.: YES
With other governments/jurisdictions: YES
Poland is a member of MONEYVAL, a Financial Action Task Force
(FATF)-style regional body. Its most recent mutual evaluation can
be found here: http://www.coe.
int/t/dghl/monitoring/moneyval/Countries/Poland_en.asp
ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:
Over the last few years, the Government of Poland has gone to
great lengths to strengthen and harmonize its anti-money
laundering/counter-terrorist financing (AML/CFT) legal and
regulatory tools and institutions with international standards. The
creation of the autonomous offense of terrorist financing was a
commendable step forward. In 2010, cooperation among relevant
authorities and institutions increased. However, work remains to
ensure effective implementation. Poland should ensure
promulgating regulations are fully effective. The GOP should
promote additional capacity building in the private sector and
continue to improve communication and coordination among the
FIU and relevant law enforcement agencies. Police and customs
authorities, in particular, should receive training on recognizing
money laundering and terrorist financing methodologies, including
trade-based money laundering and informal value transfer
systems.
____________________________________________________
US State Dept Narcotics Report 2011 (introduction):
No report available
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Poland is a source, transit, and destination country for men and
women subjected to conditions of forced labor and for women and
children subjected to sex trafficking. Men and women from Poland
are subjected to conditions of forced labor in the United Kingdom,
Belgium, and the Scandinavian countries. Women and children
from Poland are subjected to sex trafficking within Poland and
also in the United Kingdom, Germany, Austria, the Netherlands,
and Italy. Women and children from Bulgaria, Ukraine, and
Belarus are trafficked for commercial sexual exploitation in
Poland. Polish men are forced under threat of violence to commit
crimes, such as financial fraud, in Germany. In a more recently
identified trend, Poland is a destination for migrant men and
women from Azerbaijan, China, Nepal, the Philippines, Vietnam,
Bangladesh, Thailand, Tajikistan, Uzbekistan, Ukraine, and West
Africa who may be forced to work, in sectors such as agriculture,
manufacturing, and food processing. Employers in Poland
sometimes refuse to pay migrant workers and anonymously report
them to the Border Guard for visa violation and potential
deportation. Women and men are trafficked through Poland from
Ukraine, Bulgaria, Belarus, Romania, and Moldova to Western
Europe.
The Government of Poland fully complies with the minimum
standards for the elimination of trafficking. In 2010, the
government revised its anti-trafficking laws to improve their clarity,
their coverage of all forms of trafficking in persons, and ease of
applicability. The government continued to fund victim protection
mechanisms in all areas of the country. The government,
however, continued to face challenges in identifying victims of
trafficking, particularly those in forced labor, and ensuring that the
victims’ rights were universally respected. Several identified
victims were prosecuted by the government. NGOs reported
concerns that the reflection period was rarely used in practice. A
significant portion of convicted trafficking offenders were not
sentenced to time in prison.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2009
The Polish Ministry of Internal Affairs and Administration assessed
the terrorist threat level in Poland as low. However, the Polish
government devoted significant resources to counterterrorism
activities to ensure that the threat did not increase.
Poland continued to support international counterterrorism efforts
through its participation in the International Security Assistance
Force (ISAF) in Afghanistan. At the end of 2009, Polish ISAF
troops represented the seventh-largest national contingent.
Additionally, Poland deployed about 17 soldiers as part of the
NATO Training Mission in Iraq.
Through participation in initiatives including the Proliferation
Security Initiative and the Global Initiative to Combat Nuclear
Terrorism, Poland remained an active participant in various
international undertakings to combat terrorist threats. Two years
after integration into the Schengen zone, Poland maintained a
close and growing collaboration with its European neighbors on
counterterrorism.
The bilateral Counterterrorism Working Group (CTWG), formed in
2004 to further U.S.-Polish collaboration on counterterrorism by
synchronizing counterterrorism policy and training
counterterrorism specialists, continued to hold regular meetings.
The CTWG identified specific areas of mutual interest, including
critical infrastructure and terrorist financing, and developed
further plans for training and cooperation.
____________________________________________________
Links:
Worldwide AML Legislation (International Bar Association)
General Inspector of Financial Information
As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.
____________________________________________________
Offshore Jurisdiction Blacklists:
The basic blacklist is comprised of those low-tax jurisdictions listed
in the initial OECD list (except for San Marino), but also includes
Alderney, Hong Kong, Macao and Sark. An expanded list covers
administrative or financial services performed in Belgium, Costa
Rica, Cyprus, France, Germany, Greece, Hungary, Iceland,
Ireland (Shannon Airport Zone), Luxembourg, Madeira, the
Netherlands, Spain (Basque and Navarre co-ordination centers),
Switzerland, Trieste, Turkish free zones, and the UAE. Poland's
corporate income tax law requires detailed documentation of
transactions with any ow-tax jurisdiction named on its blacklist.
____________________________________________________
US State Department Money Laundering Report - 2011:
Poland lies directly along one of the main routes used by
narcotics traffickers and organized crime groups between the
former Soviet Union republics and Western Europe. According to
Polish government estimates, narcotics trafficking, organized
crime activity, auto theft, smuggling, extortion, counterfeiting,
burglary, and other crimes generate criminal proceeds in the
range of $3 - $5 billion each year. According to the Government
of Poland (GOP), evasion of customs duties and taxes is the
largest source of illegal income. Fuel smuggling, by which local
companies and organized crime groups seek to avoid excise
taxes by forging gasoline delivery documents, is a major source of
laundered proceeds. Money laundering through trade in scrap
metal and recyclable material is a growing trend, as is the
increasing activity of organized crime in the financial services
area (internet banking, credit cards and electronic systems for
money transfers). There are a growing number of cases involving
entities located in tax haven countries. It is also believed that
some money laundered in Poland originates in Russia or other
countries of the former Soviet Union. The GOP estimates the gray
economy, used primarily for tax evasion, may exceed 15 percent
of Poland’s gross domestic product (GDP) for 2010. The GOP
estimates the black economy comprises only one percent of GDP.
Poland is not considered a regional financial center, nor is it
considered a particularly important international destination for
money laundering. The GOP considers the nation’s banks,
insurance companies, brokerage houses, and casinos to be
important venues of money laundering. The Finance Ministry
maintains the effectiveness of actions against money laundering
involving transfer of money to tax havens is limited but improving
with the increase in the number of cooperation agreements
concluded with counterparts in such countries.
DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY
TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS
TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US
CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN
THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE
U.S.: NO
CRIMINALIZATION OF MONEY LAUNDERING:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
CRIMINALIZATION OF TERRORIST FINANCING:
Ability to freeze terrorist assets without delay: YES
UN lists of designated terrorists or terrorist entities distributed to
financial institutions: YES
(Please refer to the Department of State’s Country Reports on
Terrorism, which can be found here: http://www.state.
gov/s/ct/rls/crt/)
KNOW-YOUR-CUSTOMER RULES:
Covered entities: Banks, financial leasing and factoring
companies, currency exchanges, investment companies and
funds, the National Depository for Securities, gambling
institutions, insurance companies, the National Bank of Poland,
the Polish Post, foreign legal entities carrying out brokerage
activities, electronic money institutions, credit unions, notaries,
foundations, auctioneers, pawnshops, dealers of high-value
goods and precious metals and stones
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:
Covered entities: Banks, financial leasing and factoring
companies, currency exchanges, investment companies and
funds, the National Depository for Securities, gambling
institutions, insurance companies, the National Bank of Poland,
the Polish Post, electronic money institutions, credit unions,
notaries, foundations, real estate agents, lawyers, auctioneers,
pawnshops, dealers of high-value goods and precious metals and
stones
Number of STRs received and time frame: 15,357 in 2010
Number of CTRs received and time frame: Not available
MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:
Prosecutions: 74 from December 2009 - June 2010
Convictions: 21 from December 2009 – June 2010
Assets forfeited: criminally: Not available civilly: Not available
RECORDS EXCHANGE MECHANISM:
With U.S.: YES
With other governments/jurisdictions: YES
Poland is a member of MONEYVAL, a Financial Action Task Force
(FATF)-style regional body. Its most recent mutual evaluation can
be found here: http://www.coe.
int/t/dghl/monitoring/moneyval/Countries/Poland_en.asp
ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:
Over the last few years, the Government of Poland has gone to
great lengths to strengthen and harmonize its anti-money
laundering/counter-terrorist financing (AML/CFT) legal and
regulatory tools and institutions with international standards. The
creation of the autonomous offense of terrorist financing was a
commendable step forward. In 2010, cooperation among relevant
authorities and institutions increased. However, work remains to
ensure effective implementation. Poland should ensure
promulgating regulations are fully effective. The GOP should
promote additional capacity building in the private sector and
continue to improve communication and coordination among the
FIU and relevant law enforcement agencies. Police and customs
authorities, in particular, should receive training on recognizing
money laundering and terrorist financing methodologies, including
trade-based money laundering and informal value transfer
systems.
____________________________________________________
US State Dept Narcotics Report 2011 (introduction):
No report available
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Poland is a source, transit, and destination country for men and
women subjected to conditions of forced labor and for women and
children subjected to sex trafficking. Men and women from Poland
are subjected to conditions of forced labor in the United Kingdom,
Belgium, and the Scandinavian countries. Women and children
from Poland are subjected to sex trafficking within Poland and
also in the United Kingdom, Germany, Austria, the Netherlands,
and Italy. Women and children from Bulgaria, Ukraine, and
Belarus are trafficked for commercial sexual exploitation in
Poland. Polish men are forced under threat of violence to commit
crimes, such as financial fraud, in Germany. In a more recently
identified trend, Poland is a destination for migrant men and
women from Azerbaijan, China, Nepal, the Philippines, Vietnam,
Bangladesh, Thailand, Tajikistan, Uzbekistan, Ukraine, and West
Africa who may be forced to work, in sectors such as agriculture,
manufacturing, and food processing. Employers in Poland
sometimes refuse to pay migrant workers and anonymously report
them to the Border Guard for visa violation and potential
deportation. Women and men are trafficked through Poland from
Ukraine, Bulgaria, Belarus, Romania, and Moldova to Western
Europe.
The Government of Poland fully complies with the minimum
standards for the elimination of trafficking. In 2010, the
government revised its anti-trafficking laws to improve their clarity,
their coverage of all forms of trafficking in persons, and ease of
applicability. The government continued to fund victim protection
mechanisms in all areas of the country. The government,
however, continued to face challenges in identifying victims of
trafficking, particularly those in forced labor, and ensuring that the
victims’ rights were universally respected. Several identified
victims were prosecuted by the government. NGOs reported
concerns that the reflection period was rarely used in practice. A
significant portion of convicted trafficking offenders were not
sentenced to time in prison.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2009
The Polish Ministry of Internal Affairs and Administration assessed
the terrorist threat level in Poland as low. However, the Polish
government devoted significant resources to counterterrorism
activities to ensure that the threat did not increase.
Poland continued to support international counterterrorism efforts
through its participation in the International Security Assistance
Force (ISAF) in Afghanistan. At the end of 2009, Polish ISAF
troops represented the seventh-largest national contingent.
Additionally, Poland deployed about 17 soldiers as part of the
NATO Training Mission in Iraq.
Through participation in initiatives including the Proliferation
Security Initiative and the Global Initiative to Combat Nuclear
Terrorism, Poland remained an active participant in various
international undertakings to combat terrorist threats. Two years
after integration into the Schengen zone, Poland maintained a
close and growing collaboration with its European neighbors on
counterterrorism.
The bilateral Counterterrorism Working Group (CTWG), formed in
2004 to further U.S.-Polish collaboration on counterterrorism by
synchronizing counterterrorism policy and training
counterterrorism specialists, continued to hold regular meetings.
The CTWG identified specific areas of mutual interest, including
critical infrastructure and terrorist financing, and developed
further plans for training and cooperation.
____________________________________________________
Links:
Worldwide AML Legislation (International Bar Association)
General Inspector of Financial Information
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*Please note that FATF deems that a country has significant aml deficiencies if any
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
| POLAND |
| KnowYourCountry |
|
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| Last Updated: 16 April 2012 |