Legal regulations in the arms and military sector are one of the most complex and restrictive areas of economic law in Poland. They are collectively referred to as the Polish arms law. They cover not only the traditional arms industry. They also regulate a broad area of technological, commercial and service activities related to national defence and security. Consequently, entrepreneurs need to apply special care when classifying their activities. They must also choose the correct legal regime and meet concession and licensing requirements.
Table of Contents
- Scope of Legal Regulations in the Arms and Military Sector
- Domestic Licenses – Trade in Weapons, Military Technologies, and Explosives in Poland (MaDA)
- Export Licenses and Control of Strategic Goods – Cross-Border Activities
- Who Is Responsible for Supervision and Licenses? Key Authorities in the Polish Legal System
- Types of Licenses in the Arms Sector – Overview
- Legal Regulations in the Arms and Military Sector – Summary
- FAQ – Frequently Asked Questions About Legal Regulations in the Arms and Military Sector
Scope of Legal Regulations in the Arms and Military Sector
What Does Military and Arms Law Cover?
Poland’s defence and national security law covers several related but distinct regulatory areas. Their proper differentiation is crucial for assessing the obligations of the entrepreneur. It is also important for evaluating the legal risks associated with the business.
| Regulatory Area | Scope of Regulation | Key Obligations of the Entrepreneur |
| Domestic Activities Subject to Licensing (MaDA) | Manufacture, trade, repair, and storage of explosives, weapons, ammunition, and military or police technologies in Poland. | Obtaining a license from the Ministry of Interior and Administration; meeting organisational, technical and personnel requirements; keeping records and fulfilling information obligations |
| Cross-Border Activities and Strategic Trade Control (SICA/EU – dual-use) | Export of strategic or dual-use products, intra-EU transfers, brokering, and technical support. Import and transit of goods of strategic importance | Obtaining the appropriate license from the Ministry of Development and Technology; verification of goods, destination, and end user; monitoring restrictions under Annexe IV to the EU regulation |
| Public Procurement in the Defence Sector | Supplies and services for national defence and security | Meeting the requirements of supply security, quality, compliance procedures; Often having security credentials |
| Protection of Classified Information | Access to classified data and documents | Obtaining security clearances for personnel and facilities; Implementation of information protection systems |
| International Sanctions and Embargoes | Restrictions on trade due to EU law and international obligations | Verification of contractors, destination countries, and end use of goods; Ongoing monitoring of sanctions lists |
In practice, a single MaDA license can cover multiple types of activities. Yet, its scope is always precisely defined, both by subject matter and territory.
Legal Bases – MaDA, SICA and European Union Law
Polish arms law relies on an extensive catalogue of legal acts, in particular:
- the Act of 13 June 2019 on the Performance of Economic Activity in the Field of Manufacturing and Trading in Explosives, Weapons, Ammunition, and Products and Technologies Intended for Military or Police Use (Journal of Laws 2023, item 1743) (hereinafter: MaDA)
- the Act of 29 November 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Importance for State Security and for the Maintenance of International Peace and Security (i.e. Journal of Laws of 2023, item 1582) (hereinafter: SICA),
- Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 establishing a Union regime for the control of exports, brokering, technical support, transit and transfer of dual-use items (recast) (OJ L 206, 2021, p. 1),
- the Act of 21 May 1999 on Weapons and Ammunition (i.e. Journal of Laws of 2024, item 485),
- the Act of 5 August 2010 on the Protection of Classified Information (i.e. Journal of Laws of 2025, item 1209).
Broad definitions of terms like “trade,” “production,” and “military-use technology” are especially important. They cover also repairs, maintenance, commercial brokerage, consultancy, and transfer of know-how.
Domestic Licenses – Trade in Weapons, Military Technologies, and Explosives in Poland (MaDA)
Entrepreneurs planning to produce, trade, service or store weapons, ammunition, explosives, and technologies intended for military or police use must have a relevant license. The Minister of the Interior and Administration issues the decision.
Each concession decision defines the subject and territorial scope of the activity. It specifies the product types, facility locations, and required technical and organisational safeguards. Obtaining a license requires submitting complete documentation, including, in particular:
- confirmation of professional training of persons managing the activity,
- a list of organisational and technical safeguards,
- documents confirming compliance with safety standards,
- certificates of no criminal record for members of management bodies.
Other institutions may be necessary to provide opinions during the concession procedure. For example, security services. Entrepreneurs should be ready for inspections of business premises. They should also provide supplementary documentation at the request of the authority.
After obtaining the license, the entrepreneur must:
- keep detailed operational documentation,
- fulfil reporting obligations,
- cooperate with controlling authorities,
- update the data covered by the concession in the event of changes. For example, in the area of location, the responsible persons or the scope of activity.
Export Licenses and Control of Strategic Goods – Cross-Border Activities
Export, import, transit, brokering, and technical support for strategic or dual-use goods require permits. The Minister of Development and Technology issues these licenses.
The type of license depends on the nature of the transaction:
- individual license – for a specific supply or project,
- global license – for repetitive transactions with specific counterparties,
- national general authorisation – for selected low-risk transactions, after meeting formal conditions.
In certain cases, additional documents are necessary. For example, an end-user statement or import certificate. For some of the products covered by Annexe IV to Regulation 2021/821/EU, even intra-EU transfers within the European Union require prior administrative approval.
Note: A mismatch between a domestic license and planned exports can delay or block the export license. It is recommended to coordinate both processes at the planning stage.
Who Is Responsible for Supervision and Licenses? Key Authorities in the Polish Legal System
In Poland, supervision of military and arms-related activities and trade in strategic goods is shared among several institutions. Responsibilities depend on the type of activity and trade stage.
| Authority | Scope of competence |
| Ministry of the Interior and Administration (MSWiA) | Granting concessions for domestic activities in the field of production, trade, repair and storage of explosives, weapons, ammunition and technologies for military or police purposes; supervision over the performance of licensed activities |
| Ministry of Development and Technology (MRiT) | Issuing export licences for strategic goods and dual-use items (individual, global and national general authorisations); maintaining licence registers and monitoring compliance |
| Ministry of National Defence (MON) | Shaping sectoral policy and technical standards; participation in public procurement procedures in the defence sector; providing opinions on licensing processes from the perspective of defence needs |
| Ministry of Foreign Affairs (MSZ) | Coordination of foreign policy and implementation of international obligations; certification of export and import documents; Assessment of transactions in terms of sanctions and embargoes |
| National Revenue Administration (KAS) | Enforcement of customs regulations; verification of licenses and permits during border clearance. Including those via the Department for Trade in Sensitive Goods |
Note: Current regulations do not provide for a single, centralised mechanism integrating licensing and permitting procedures. In practice, this means the need to conduct parallel proceedings before different authorities. Each time entrepreneur must show compliance with substantive, organizational and premises requirements. Including those related to technical security and the location of operations.
Types of Licenses in the Arms Sector – Overview
| Type of License | Scope | Competent Authority | Typical Validity Period | Remarks |
| Concession (MaDA) | Production, trade, repair, and storage of military and police products | Ministry of the Interior and Administration | Usually for many years (individual decision) | Scope and location determined individually in the decision |
| Individual Export License | Specific shipment or project | Ministry of Development and Technology | Depends on the decision | May require an end-user certificate |
| Global License | Multiple transactions with specific counterparties | Ministry of Development and Technology | Depends on the decision | Allows repeated deliveries |
| National General Authorisation | Specific low-risk cases | Ministry of Development and Technology | As set out in the regulation | Requires prior registration |
| Access to Classified Information | Working with classified data | Security authorities (e.g., Internal Security Agency – ABW) | Depends on the level of access | Required in defence projects |
Legal Regulations in the Arms and Military Sector – Summary
Legal regulations in the arms and military sectors require a comprehensive approach. It must combine legal, organisational and operational analysis. It is crucial to properly plan your business and coordinate the concession and licensing processes before commencing trade.
We offer support in concession and licensing audits, preparing documentation, handling proceedings before the Ministry of Interior and Administration (MSWiA) and the Ministry of Development and Technology (MRiT). Moreover, we provide ongoing compliance and advisory services.
FAQ – Frequently Asked Questions About Legal Regulations in the Arms and Military Sector
Does every company cooperating with the military need a license?
No. The concession obligation applies to strictly defined types of activities. In particular, the production, trade, service and storage of weapons, ammunition and military technologies.
Can software be subject to arms regulations?
Yes, if it is classified as a dual-use item or a technology of strategic importance.
Does exporting to EU countries always require a license?
Not always. Exceptions include, e.g. goods listed in Annexe IV to Regulation 2021/821/EU.
What are the consequences of running a business without a license?
This may result in the withdrawal of administrative decisions, financial penalties, and criminal liability of managing persons.
Do changes in the company have to be reported to the licensing authority?
Yes. Changes concerning, e.g. ownership structure, management or location of operations must be reported immediately.
