The government has prepared a draft law on restrictive measures, which provides for new solutions for the application of sanctions against states, individuals, and businesses. The draft defines the principles for imposing domestic restrictive measures, including asset freezing, exclusion from public procurement procedures, and the compulsory administration of certain assets. It also provides for administrative fines for violating sanctions and actions aimed at circumventing them.
Who can be affected by national restrictive measures?
The draft provides for the possibility of applying restrictive measures against non-EU countries, non-EFTA countries that are parties to the Agreement on the European Economic Area, as well as against natural persons, legal persons or other organizational units without legal personality.
Restrictive measures may be applied, in particular, against individuals and entities with financial or economic resources who directly or indirectly support countries subject to EU sanctions, contribute to serious human rights violations, or support the repression of civil society and the democratic opposition. Activities that pose a serious threat to democracy or the rule of law in such countries will also be sanctioned.
Sanctions may also be applied to entities directly linked to such individuals or entities, in particular through personal, organizational, economic, or financial relationships. The likelihood of a given individual or entity using financial or economic resources to support entities covered by the specified grounds may also be grounds for application. The bill also envisages imposing sanctions on individuals and entities that directly or indirectly support foreign interference and manipulation of the information environment, targeting national security, the inviolability of borders, and Poland's interests and international standing.
Asset freeze and exclusion from public procurement
In relation to persons and entities covered by national restrictive measures, the draft provides for the possibility of applying the following solutions:
- freezing of funds or economic resources belonging to them, in their possession, in their possession or under their control;
- prohibition on making financial or economic resources available to them;
- entering a foreigner into the list of persons whose stay on the territory of Poland is undesirable;
- exclusion from public procurement procedures and competitions, including those to which the Public Procurement Law does not apply.
National restrictive measures will be applied to individuals and entities included on a list maintained by the Minister of Internal Affairs. The list will be published in the Public Information Bulletin. It will include, among other things, identifying information about the individual or entity, information about the restrictive measures applied, and the dates of entry and possible deletion.
Decisions on inclusion on the list and their consequences
The decision on entry on the list, change of the decision on entry or removal from the list will be made by the minister responsible for internal affairs.
The bill stipulates that decisions will be made available in the Public Information Bulletin. On the day following publication, the decision will become binding on the authority and immediately enforceable. At the same time, the deadline for filing a complaint with the administrative court will begin. The decision will not be subject to a request for reconsideration.
Appealing a decision will not automatically suspend its effects. The decision will remain in effect until the administrative court's ruling becomes final.
Transfer of shares and compulsory administration of assets
The bill also introduces restrictions on the disposal of shares in an entity entered on the list. Their disposal or encumbrance will require prior consent from the minister responsible for economic affairs. Any transaction performed without the required consent will be invalid.
In certain cases, it will be possible to establish temporary administration to dispose of funds or economic resources subject to sanctions.
The bill also provides for the possibility of establishing a board of directors to take over ownership of financial or economic resources. This would be permissible if necessary to protect an important public interest, the economic interest of the state, or state security.
During the term of the management, the owner or entity disposing of the property covered by it will lose the right to manage it and the ability to use and dispose of it.
The transfer of ownership will be effected by a decision of the minister responsible for economic affairs. The bill stipulates that the transfer will generally be subject to compensation.
The decision on the transfer of ownership will be made available in the Public Information Bulletin. The bill also stipulates that the final decision will serve as the basis for making entries in the land and mortgage register.
Financial penalties for violating sanctions
The bill provides for administrative fines for violating prohibitions or failing to comply with obligations arising from restrictive measures.
Penalties may be imposed, among other things, for making funds or economic resources available to entities subject to sanctions, failing to freeze assets despite such an obligation, and conducting transactions or providing services in violation of applicable prohibitions.
Penalties will also apply for circumventing sanctions, including concealing assets subject to freezing, providing false or misleading information regarding the ownership or beneficial owner of assets, failing to comply with certain information obligations, and knowingly participating in activities aimed at circumventing prohibitions.
The administrative fine will be imposed by way of an administrative decision and may amount to up to PLN 20 million.
Summary
The draft law on restrictive measures envisages expanding national instruments for enforcing sanctions. It includes, among other things, asset freezing, exclusion from public procurement procedures, restrictions on the disposal of shares in sanctioned entities, and the possibility of establishing compulsory administration of assets and taking ownership of them for compensation.
The draft assumes that decisions on the application of national restrictive measures will be immediately enforceable, and filing a complaint with an administrative court will not automatically suspend their effects.
The broad scope of grounds for applying national restrictive measures may raise concerns. These include threats to democracy and the rule of law, specific links to sanctioned individuals or entities, and support for foreign interference and manipulation of the information environment. Such a framework may leave authorities applying the regulations significant discretion in assessing whether sanctions are warranted in a given case.
At this stage, the solutions described constitute legislative proposals and may be subject to change during further work on the draft act.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 19, 2026.
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