Aerospace, Defence & Security
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
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.
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.
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.
Scandinavian defence organisation
Advising a Scandinavian defence organisation on a number of tender processes including the supply of naval ships and submarines.
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.
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.
Advising a manufacturing company on delivery of a cannon and barrel to the Polish military scientific institute.
Advising a client on the extension of a concession for manufacturing, service and distribution of a variety of military products.
Advising a customer on providing training for the Polish Army.
Advising a manufacturing company on delivery of smoking grenades to the AU.
Advising a manufacturing company on delivery of long range ammunition to the AU.
Advising a manufacturing company on the delivery of armoured recovery vehicles (ARV) to the AU.
Our firm consists of nearly 60 people, including lawyers, tax experts and support staff specialising in a range of key practice areas and industry sectors, and located in three offices in Poland.
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