Sanctions List – Asset Freezing and… Entry Ban into the EU

In order to counteract the support for the aggression of the Russian Federation against Ukraine, initiated on 24 February 2022, Poland adopted a special law. This is the Act of 13 April 2022 on Special Measures to Counteract Support for the Aggression Against Ukraine and to Protect National Security.

Sanctions List

One of the key elements of the Act is the so-called sanctions list. This is an official Polish register of individuals and entities subject to sanctions. The list has been in effect since 26 April 2022 and is regularly updated.

The list includes individuals and entities that:

• support the Russian aggression against Ukraine,
• violate human rights or repress citizens and the opposition,
• pose a threat to democracy or the rule of law in Russia or Belarus,
• are connected to such individuals (e.g. through business ties, family relationships, or financial links).

The decision to add or remove a person or entity from the list is made by the Minister of the Interior and Administration.

Restrictive Measures

Individuals and entities included on the sanctions list may be subject to the following measures:

• freezing of assets and all financial resources,
• prohibition on transferring funds or resources to these persons (even indirectly),
• prohibition on circumventing the sanctions – e.g. through actions by third parties or fictitious transactions,
• exclusion from public procurement procedures (in accordance with public procurement law),
• entry ban into Poland– if the individual is a foreign national (i.e. not a Polish citizen).

What Does It Mean to Be Listed as a Person Undesirable in Poland?

While the above-mentioned sanctions are relatively clear, the consequences of being entered into the register of foreigners whose stay in the territory of the Republic of Poland is undesirable are less straightforward.

This register is maintained by the Head of the Office for Foreigners and may include individuals who:

• are listed on the Polish sanctions list,
• have been convicted in Poland of intentional or fiscal crimes and sentenced to a fine or imprisonment,
• have received an expulsion order and an entry ban.

When a person is added to this register, their data is also entered into the Schengen Information System (SIS), which results in a ban on entry into the entire European Union. An entry in SIS constitutes a direct refusal of entry and stay within the EU.

Can Entry into the Schengen Information System Be Avoided?

Polish regulations require that, before forwarding the data of a foreign national who holds a valid residence permit or long-term visa issued by another Schengen State to the SIS for the purposes of entry and stay refusal, the Head of the Office for Foreigners must consult with the competent authority of the Schengen State that issued the permit or visa.

If the issuing Member State notifies the Head of the Office for Foreigners that it maintains the validity of the residence permit or visa, no entry is made in SIS for the purpose of refusal of entry and stay. A similar procedure applies to data already entered.

Therefore, before Poland enters a foreigner’s data into the SIS, it should consult the Schengen country that issued the visa or permit.

If that country confirms the document is still valid, Poland should not enter the individual’s data into the system.

However, in practice, these consultations are often skipped, and the entry is simply made.

Once such an entry is made, it may be removed if:

• the Schengen country informs Poland that it is issuing (or renewing) a visa or residence permit for the individual,
• the Schengen country informs Poland that it maintains the validity of previously issued documents.

Can the Decision to Be Listed on the Sanctions List Be Appealed?

Regarding the decision to be listed on the Polish sanctions list:

• no request for reconsideration may be submitted,
• the decision is immediately enforceable,
• acomplaint may be filed with the administrative court,
• one may also request thesuspension of the immediate enforceability of the decision.

If a foreign national has also been entered into the register of undesirable persons or SIS, they may submit a request to the Head of the Office for Foreigners for data removal if they believe the entry was made in breach of applicable regulations.