Poland – Conflict affected areas

Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas

On 1 January 2021, new obligations took effect as regards supply chain due diligence for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. These obligations were established by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017.. The provisions of the above-mentioned Regulation are aimed at ensuring that minerals and metals from the so-called ‘3TG’ group (Tin, Tantalum, Tungsten, Gold) introduced into the EU will not finance conflicts or result in human rights violations.

To this end, good practices are being introduced. They comprise in particular:

Undertaking cooperation with the Entrepreneurship Support Department of the Polish Agency for Enterprise Development as well as the CSR and Cooperation with NGOs Unit in the Minister’s Office in the Ministry of Development Funds and Regional Policy in order to reach a wide range of entrepreneurs who are subject to the obligations under aforesaid Regulation. Due to this cooperation, an even greater number of entrepreneurs receive information/training materials (e-learning), in the area of ‘conflict’ minerals. – page 24

11. Ministry of Foreign Affairs

Authorisation to export arms and military equipment

The Security Policy Department of the Ministry of Foreign Affairs will take into account the United Nations Guiding Principles on Business and Human Rights in the course of assessment procedure regarding applications for granting permission to export arms and military equipment, in accordance with Articles 12 and 12 a. of the Act of 29 November 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Significance for State Security and for Maintaining International Peace and Security and Article 88 of the Act of 13 June 2019 on Conditions of Business Activity related to the Production of and Trade in Explosives, Weapons and Ammunition, as well as Products and Technologies to be used for Military or Police Purposes. A criterion taken into account by the Department when assessing applications for the granting of export licences is, inter alia, a risk assessment as to whether the arms to be exported could be used for activities in violation of international humanitarian law or whether the granting of the licence would have a negative impact on respect for human rights.  – page 30-31

Promotion of the Montreux Document on Private Military and Security Companies and the International Code of Conduct for Private and Military Security Companies

The Ministry of Foreign Affairs plans to undertake activities aimed at promoting among entities contracted to protect Polish diplomatic missions the knowledge and application of both the International Code of Conduct for Private and Military Security Companies and the principles laid down therein, as well as the Montreux Document on Private Military and Security Companies, an intergovernmental document aimed at promoting respect for international humanitarian law and human rights by private military and security companies, especially when they are present in armed conflicts. – page 31

Appendix 2 (information of the Ministry of Foreign Affairs)

GOOD PRACTICE CATALOGUE FOR FOREIGN MISSIONS IN THE FIELD OF BUSINESS AND HUMAN RIGHTS

Recommendations

– in justified cases, consult the planned activities with renowned specialised law firms, especially in countries where business activities are at risk due to the lack of transparent laws or particularly difficult conditions related to, for example, armed conflict;

– provide Polish enterprises operating in the host country with information and advisory assistance to support them in ensuring respect for human rights in areas affected by armed conflict. – page 48