Aerospace, Defence & Security

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WARSAW
T: +48 22 375 40 40
ul. Czerniakowska 87A

KRAKOW
T: +48 22 375 40 40
al. 29 Listopada 85

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ul. Uniwersytecka 20

WARSAW (Zięba & Partners)
T: +48 501 855 331
Prosta Tower, ul. Prosta 32

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T: +48 501 855 331
Lubicz 42

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Our team of experts has extensive experience in the aerospace, defence and security sectors. By being a member of NATO, and the war in Ukraine being on Poland’s borders, Poland’s aerospace and defence industry plays a crucial role in international security, and as such the industry faces a number of growing challenges, which is forcing Polish and international aerospace and defence service companies to take decisive steps.

Prior to recent events there was already an increasing need of military modernization. This need has accelerated exponentially in what is an ever-changing market, and an extremely competitive environment.

B2RLaw’s Aerospace, Defence & Security Practice supports clients operating in the Polish industry in the following main areas:

The sale of products and services
Regulatory aspects
Transactions including M&A and joint ventures

Services

The sale of products and services

As a Polish law firm, the principal customer for the majority of our clients is the Polish Ministry of Defence (“MoD”) and its internal units/organs, especially its procurement arm operating under the name Agencja Uzbrojenia (”AU”).

Procurement processes conducted by AU are based on the very strict rules of Polish Public Procurement Law 2019 (“PPL”).

In exceptional cases, AU may not resort to PPL, and as such, tenders and contracts are governed by Polish civil law.

At B2RLaw we help to ensure a successful sale of products and/or services to the MoD (both in tender processes under the PPL and civil law) by:

Having an in-depth understanding of Polish public procurement law which differs and can be more complicated that other jurisdictions;
Facilitating and entering into early communication with AU to ascertain crystal clear tender requirements;
Reviewing supply / delivery contracts proposed by AU;
Aiding the delivery of products to the MoD, which often requires cooperation with other units of the MoD and can complicate or delay the delivery process;
Facilitating communication with the MoD, which, for example, only accepts documentation in Polish language;
Explaining the rules of consortium where all members of a consortium are fully liable towards the MoD irrespective of arrangements between the consortium parties.

Regulatory aspects

Suppliers that have an interest in establishing a permanent presence in Poland (it is common practice for companies to set up a local subsidiary responsible for business development and the monitoring of tender processes, as well as dealing with warranty complaints) would often need to obtain a concession from Poland’s Ministry of Interior.

B2RLaw has advised on a number of concession applications and particularly advises on:

The scope of concession which needs to be carefully described in accordance with statutory regulations;
Compliance matters of the concession application, e.g. meeting the requirements of premises of the concession applicant;
Assisting and attending meetings with the concession holder.

Transactions

B2RLaw’s team also advises on the full gamut of transactions concerning organisations involved in the Aerospace & Defence sector, including:

Setting up shop;
Mergers and acquisitions, or joint ventures;
Asset financing and leasing of supplies;
Acquisition and/or leasing of premises, or construction of manufacturing facilities.

Experience

Scandinavian defence organisation

Advising a Scandinavian defence organisation on a number of tender processes including the supply of naval ships and submarines.

Case study

Israeli drone (UAV) manufacturer/supplier

Advising an Israeli drone (UAV) manufacturer/supplier on a dispute with the Polish MoD with regards the supply of drones.

Case study

Ukrainian defense company

Advising a Ukrainian defense company on the import of military goods from the US and their shipment through the territory of Poland.

Case study

Manufacturing company

Advising a manufacturing company on delivery of a cannon and barrel to the Polish military scientific institute.

Case study

Private client

Advising a client on the extension of a concession for manufacturing, service and distribution of a variety of military products.

Case study

Private client

Advising a customer on providing training for the Polish Army.

Case study

Manufacturing company

Advising a manufacturing company on delivery of smoking grenades to the AU.

Case study

Manufacturing company

Advising a manufacturing company on delivery of long range ammunition to the AU.

Case study

Manufacturing company

Advising a manufacturing company on the delivery of armoured recovery vehicles (ARV) to the AU.

Case study

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