Basic information concerning legal requirements of transit of strategic goods through the territory of Poland to Ukraine
1. Dual use goods.
Once a license for export of dual use goods to Ukraine has been issued by exporting country – no additional Polish license is required for transit of
such goods through the territory of Poland.
2. Military goods: ML1 to ML 22 except for ML13.
In this case, an export license for export of military goods to Ukraine issued by exporting country is not sufficient for transit of such goods through the
territory of Poland to Ukraine.
There is a requirement for Polish transit license which must be obtained before the goods enter the territory of Poland. Only companies registered
in Poland in possession of concession (issued by the Ministry of Interior) and the certified Internal Compliance Program are eligible to apply for such
a license to the Ministry of Economic Development and Technology.
3. Military goods: protective equipment of category ML13.
In this case, there is a simplified procedure of transit of military goods to Ukraine through the territory of Poland in place, as described below.
The category ML13 covers the following equipment:
Body armour and protective garments manufactured according to military standards or specifications, or equivalent, and specially designed components therefor.
The transit of protective equipment is, however, conditional upon:
- acquiring a confirmation of an end-user certificate in a diplomatic mission of Ukraine in Poland (the Embassy of Ukraine in Warsaw)
- declaring to the Ministry of Economic Development and Technology in Warsaw intention to export protective equipment.
There are no additional conditions, as specified in point 2, the applicant for such simplified procedure has to fulfil.
The notification should be sent by e-mail to: exportUA@mrit.gov.pl with attached declaration file Download declaration file
The declaration should contain:
- name and address of applicant,
- name, type and quantity of equipment,
- name and address of end user of equipment.
While crossing the Polish-Ukrainian border, end-user certificate must be shown.
The transit in cases as described in points 2 and 3 may only be proceeded after, respectively: granting a license by export control authority of Poland
in case 2 or filing a declaration in case 3. Sending the goods on the territory of Poland without a transit licence constitutes a breach of the Act of 29
November 2000 on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security (consolidated text, J o. L. 2022, pos. 1666) and leads to legal sanctions.