./.WORLD TRADE
ORGANIZATIONS/C/N/113
17 December 1999
(99-5396)
Council for Trade in Services Original:  English
NOTIFICATION PURSUANT TO ARTICLE III.3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES
The following notification has been received from the delegation of Poland.
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1. Member notifying:
Poland
2. Notification under:
Article III, paragraph 3, of the General Agreement on Trade in Services.
3. Date of entry into force:
1 January 1998
Duration
Indefinite
4. Agency responsible for implementation  and enforcement of the measures:
National Bank of Poland
Banking Supervisory Commission
5. Description of the measures:
Measure
(i) mode of supply covered by the measure:  (3) commercial presence;
(ii) effect on trade in services:  non-discriminating measure;(iii) impact of the measure on commitments in the Member's schedule:
The Banking Law Act of 29 August 1997 sets forth the principles of banking activity,
establishment and organisation of banks, foreign bank's branches and representations, as well
as the principles for exercising banking supervision, the conduct of recovery proceedings,
liquidation and bankruptcy of banks.
In the polish-banking sector the banks may operate in the following legal forms:  as state
banks, co-operative banks or banks being joint - stock companies and also as branches andS/C/N/113
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representative offices of foreign banks.  The latter cannot perform banking operations.  The
branches of foreign banks operating in the territory of Poland are treated as domestic banks -
the provisions of polish law are applicable to them.  It means that the foreign persons may
conduct banking activity in Poland through their branches or establishment of the bank being
joint - stock company according to polish law.
For establishment of the bank as a joint - stock company or a branch of foreign bank a permit
of the Banking Supervisory Commission is required, which is issued in agreement with the
Finance Minister.  When the foreign bank is one of the founders of the bank, the opinion of
the supervisory authority of the country where it has its head office must be enclosed to the
application.  This requirement applies also to the establishment of the foreign bank branch.
The bank initial capital shall not be lower than 5,000,000 EURO.
Authorisation of the Commission is required for the appointment of two members of the
management board, including the president of the board.  The act does not specify the
nationality as the requirement for the appointment.
There is no such requirement in the process of control of the bank shareholding structure as
well.
The Banking Supervisory Commission has the power of supervision over the activity of the
banks, branches and representative offices of the foreign banks.  According to provisions of
an international agreement or on a reciprocal basis, the supervision of the activities of a
branch or a representative office of a foreign bank in Poland, and the supervision of the
activities of a branch or a representative office of a domestic bank abroad may be exercised
within the scope settled with a foreign authority for banking supervision.
The Mortgage Bond and Bank Act of 29 August 1997 specifies the rules applicable to the
issuance, transfer, acquiring, answering and collateralisation of mortgage bonds as well as to
the establishment, organization, activities and supervision of mortgage banks.
Mortgage banks may be established only in the form of joint - stock company.  The Banking
Supervisory Commission may issue the detailed rules concerning the mortgage banks' initialcapital.  To the limits not regulated in the above act, the Banking Law Act and National Bank
of Poland Act shall apply to the establishing, organization and activity of mortgage banks.
The right to issue mortgage bonds and public mortgage bonds is granted exclusively to the
mortgage banks.
6. Members specifically affected, if any:
None
7. The texts are available from:
Dziennik Ustaw Nr 140/1997 pozyc ja 939 z dnia 21 listopada 1997r. (Polish Official Journals
No 140/1997 item 939 of  21 November 1997),
Dziennik Ustaw Nr 140/1997 pozyc ja 940 z dnia 21 listopada 1997r. (Polish Official Journals
No 140/1997 item 940 of  21 November 1997) as amended by Dziennik Ustaw Nr 107/1998
pozycja 669 z dnia 20 sierpnia 1998r. (Polis h Official Journals No 107/1998 item 669 of
20 August 1998).
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