it was meant to be “a separate list” from the EU lists. How many subjects are repeated?

When announcing the Polish sanctions list, the government said that only a person or entity not yet on EU lists could be listed. But as we have checked, some entities repeat themselves. The Ministry of Interior and Administration does not explain the reasons.

More than a dozen municipalities cut off from gas supplies, sports shops closed in shopping centers – these are the first visible effects of sanctions in Poland against companies whose profits could end up in the Russian budget and thus directly or indirectly finance the invasion of Ukraine. The list of Polish sanctions announced includes: Novatek Green Energy with its headquarters in Krakow (of the capital group Novatek controlled by the Russian group OAO Novatek), whose gas is purchased by certain Polish municipalities, and the company Go Sport Polska (owned by the Singapore-based company Sportmaster Operations Pte Ltd, whose beneficiaries are Russian oligarchs). The latter suspended the operation of 25 fixed stores and one online store on April 26, and according to “Puls Biznesu”, more than 90% of them have already suspended their cooperation. service providers and suppliers.

The Ministry of Interior and Administration published on Tuesday April 26 the list of Russians and Russian entities subject to sanctions in Poland. It was about the implementation of government announcements made on March 29, when adopting the government bill on special solutions to counter aggression against Ukraine. Only that – as announced by government spokesman Piotr Muller – it was a question of “creating separate lists from those contained in EU regulations of lists of persons and entities against which it will be possible to apply similar measures to sanctions resulting from EU regulations”.

That is, the government assured that it was freezing the Polish assets of Russians subject to EU sanctions, but at the same time proposed a law that could impose sanctions on persons and entities not listed on the EU lists .

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Municipalities in Poland cut off from gas supply. By sanctions Video: tvn24

Therefore, in a statement after the adoption of the law, the government assured that funds and economic resources would be frozen to persons and entities other than those indicated in the lists of EU regulations. “Only a person or entity that does not appear on the lists provided for in this Regulation may be included on the list.“- it was indicated.

As we have checked, however, the Polish list includes people who have already been subject to EU sanctions.

15 Russian businessmen, Gazprom, sports shops

The list, published on April 26, includes a total of 50 entities: 15 natural persons and 35 companies. However, this is not the final list – other applications are pending consideration by the Minister.

The natural persons registered on the Polish list are:

Tatiana Bakalchukowner of Russia’s largest Internet retailer OOO Wildberries;

Oleg Deripaskaa Russian oligarch operating in the energy, mining and military sectors;

Mikhail Fridmanthe founder of the largest Russian private bank – Alfa Bank;

Mikhail Guceryev, a Russian businessman involved in Belarus, incl. in the energy, potassium and hospitality sectors;

Knows Salam Guceryevbrother of Mikhail Gucerjew, to whom he ceded his property despite the sanctions;

Wiaczeslaw Mosze Kantorshareholder of one of the largest Russian fertilizer manufacturers – the Acron Group;

Yevgeny Kaspierskyco-founder of a Russian IT company dealing, among other things, with the development of anti-virus software;

Andrei Melnichenkoone of the richest people in the world, operating mainly in the coal and fertilizer industries;

Alexander Melnichenkowife of Andrei Melnichenko, to whom he ceded part of his property in the face of sanctions;

Alexei Mordashovthe richest Russian businessman operating mainly in the metallurgical industry;

Alexei Nechaevmember of the State Duma and chairman of AO Faberlink – one of the largest Russian manufacturers of hygiene and cosmetic products;

Boris Nuraliewpresident of the 1C company – one of the largest Russian producers and distributors of business software;

Timur Rashidovboard member of PhosAgro Polska – one of the world’s largest producers of phosphorus fertilizers;

Igor SechinCEO of Rosneft – a Russian state-owned fuel company;

Victor Vekselbergchairman of the Russian-American company Renova – a magnate in the aluminum and titanium industry.

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Gazprom, Go Sport, Kaspersky Lab and others.  The Ministry of Interior and Administration has published the list of sanctions

Gazprom, Go Sport, Kaspersky Lab and others. The Ministry of Interior and Administration has published the list of sanctions Video: DTV Facts

Most of the 35 companies are in the chemical industry – producers of fertilizers, coal and steel, gas and IT. The most famous companies subject to Polish sanctions are:

  • Gazprom – the world’s largest producer of natural gas;
  • Kaspersky (including Kasperky Lab, Kaspersky Store and K Distribution) – producer of software, including antivirus programs;
  • Go Sport – a chain of sports stores;
  • Beloil Polska – a Belarusian state-owned company operating in the petrochemical sector;
  • Kamaz – truck manufacturer.

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The Polish list includes the gas company Novatek Green Energy - from the Novatek capital group controlled by the Russian company OAO Novatek
The Polish list includes the gas company Novatek Green Energy – from the Novatek capital group controlled by the Russian company OAO Novatek Photo: Novatek press materials

Most of the 35 companies are among the 15 people targeted by the sanctions mentioned above. For example, Wiaczesław Mosze Kantor actually controls four of them from the Acron Group (fertilizer industry): PAO Acron, Norica Holding, Opansa Enterprises Ltd and Rainbee Holdings Ltd. The beneficiary of all three is Victor Vekselberg: Medmix Poland, Sulzer Pump Wastewater and Sulzer Turbo Services. .

The penalties for natural persons are:

  • the freezing of all financial and economic resources;
  • ban on entering Poland;
  • prohibition to make funds or economic resources available to the listed person;
  • prohibition to knowingly and intentionally participate in activities the object or effect of which is to circumvent the sanctions imposed.

For companies, the penalty is not a ban on entering Poland, but a ban on participating in public tenders and competitions for some of them.

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Entry regarding Go Sport Polska on the sanctions list
Entry regarding Go Sport Polska on the sanctions list Photo: gov.pl

Eight oligarchs also on EU lists

According to the government’s March 29 announcement, only persons or entities that are not on EU lists were to be included in the Polish list. Meanwhile, eight natural persons out of 15 were already on the EU lists: Oleg Deripaska, Mikhail Fridman, Mikhail Gucerjew, Vyacheslav Moshe Kantor, Andrei Melnichenko, Alexey Mordashov, Alexei Nechaev and Igor Sechin.

Only on the Polish list are Mikhail Gucerjew’s brother, Sait-Salam, and Andrei Melnichenko’s wife, Alexander, on whom the oligarchs rewrote some of their property, and who, nevertheless, were not subject EU sanctions.

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Some oligarchs on the EU lists
Some oligarchs on the EU lists Photo: eur-lex.europa.eu

The government only implemented its announcement in the case of the companies – none of the 35 on the Polish list are on the EU lists. This applies both to international groups, such as Gazprom or Kaspersky, and to Polish subsidiaries of Russian companies, such as Eurochem Polska or PhosAgro Polska.

“The scope of the measures applied to the entities indicated in the sanctions list does not duplicate the scope of the measures in the EU regulations”

We asked the Ministry of Interior and Administration why, contrary to announcements, there are entities from the EU lists on the Polish list. The department did not respond to this question. In the message sent to us on April 27, he wrote only cryptically: “The scope of the measures applied to the entities indicated on the sanctions list does not duplicate the scope of the measures specified for these persons and entities in the lists specified in EU regulations.”

It also did not give a clear answer to the question of whether, like Western European countries, any entity was frozen immovable or movable under sanctions. “If a measure freezing economic resources has been used in specific decisions, it must be read in accordance with the definitions contained in EU regulations, i.e. like all types of movable and immovable property” , only replied the ministry.

We again asked for an explanation on the reason for the duplication of people from the EU lists on the Polish list and we also asked if it was known when the next decisions on sanctions would be made and how many requests for delisting from the sanctions list had already been received by the Ministry of Interior and Administration. In the response received, only art. 3 sec. 3 of the Law on Special Solutions in the Field of Combating Aggression against Ukraine and in the Service of Protection of National Security – that the Minister issues listing decisions “upon justified request of entities indicated in this article”. In addition, the provisions of the Code of Administrative Procedure were cited, according to which “during the procedure, the bodies of public administration shall take all necessary measures to fully clarify the facts and settle the case, taking into account social interest and the legitimate interest of citizens”.

Author: Michal Istel

Source: Konkret24, photo: Marek Wisniewski / Puls Biznesu / FORUM

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