Poland's FDI to be controlled ultimately on permanent basis by minister responsible for economy

"The draft act aims to ensure safety, order and public health in our country by carrying out inspections of incoming investments from abroad. The existing provisions in this regard have been set for a period of 60 months. This relates to the powers of the head of Poland's antitrust and consumer protection regulator UOKiK in respect of statutory control exercised over foreign investments, which expire after July 24, 2025," it was written.

"In view of this, it becomes necessary to ensure that the control of foreign investments coming into Poland can be carried out and that the functions of the control body are entrusted to the minister responsible for economic affairs," it added.

It is proposed that the competence of the minister responsible for the economy to control foreign investments in Poland should at the same time be a permanent solution, i.e. introduced without a time limit on its application.

"This is particularly important as the risk of failing to protect domestic enterprises from the inflow of foreign investors poses a threat to the economic development of our country," it was stated.

The aim of the proposed amendments is to protect domestic companies, particularly those operating in sensitive sectors, from uncontrolled takeovers by entities from outside the countries of the European Union, the European Economic Area and the Organisation for Economic Co-operation and Development, which could threaten security, order and public health.

One of the key elements of the draft is the permanent introduction of the solutions found in the current law on the control of certain investments, which will cease to apply after July 24, 2025.

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