POLAND BACKGROUND CHECK

We are the background screeners who are rendering verifications to the companies which need to be taken care of. Usually companies do not take cognizance of the issues for hindering the growth of the organization. For smooth running of the business, background verifications in Poland have come into existence to keep an eye on such defaulters. If such defaulters are checked on regular intervals majority of the problems are under controllable position. Verification services are taking a huge space in ones organization as there are few factors which are necessary for the firm to look into such as recruitment techniques, risk assessment cell.

Basic characterstics of background verification services in Poland is that to manage the risk and react accordingly. All the services are covered under one roof only need is how to manage them. Background verifications are imparted in different parts of Poland including major cities like Bydgoszcz, Cracow, Czestochowa, Gdansk, Gdynia, Krakow, Katowice, Lublin, Poznan, Radom, Sosnowiec, Szczecin, Torun, Wroclaw and Warsaw. We are always there to grab your problems and let you free from all encumbrances. For any query visit our website info@backcheckgroup.com.

General Information

GDP USD525.9bn (World ranking 23, World Bank 2013)
Population 38.53 million (World ranking 34, World Bank 2013)
Form of state Republic
Head of government Ewa KOPACZ (Prime Minister)
Next elections 2015, presidential and legislative

 

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PRODUCTS IN POLAND

Data Protection

Contribution Details

Prof. dr hab. Krystyna szczepanowska – Kozłowska

Dagmara Jaskulak

Law

As a member of European Union, Poland implemented EU Data Protection Directive 95/46/

EC in the Personal Data Protection Act of 29 August 1997 (consolidated text Journal of laws of

2002, No 101, item 926 as amended, hereinafter referred to as the “PDPA”). The implementation was introduced by the Amendment of Certain Laws in Connection with Membership of the Republic of Poland in the European Union of 24 August 2007 (Journal of laws of 2007, No 176, item 1238).

Definition of Personal Data

The PDPA states that personal data shall mean any information relating to an identified or identifiable natural person. An identifiable person is the one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.

A piece of information shall not be regarded as identifying where the identification requires an unreasonable amount of time, cost and manpower.

Definition of sensitive Personal Data

Pursuant to the PDPA sensitive personal data includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union membership, as well as personal data concerning health, genetic code, addictions or sex life and data relating to convictions, decisions on penalty, fines and other decisions issued in court or administrative proceedings.

National Data Protection Authority

General inspector of Personal Data Protection (Generalny Inspektor Ochrony Danych Osobowych)

Registration

As a general rule, data controllers who process personal data must notify the General Inspector about the data filing system containing such data. The General Inspector keeps a register of data controllers and data filing systems, which is available to the public.

The obligation to register data filing systems does not apply to the data controllers of data

which:

■     include confidential information;

■     were collected as a result of inquiry procedures conducted by officers of bodies authorized to

conduct such inquiries;

■     are processed by relevant bodies for the purpose of court proceedings and on the basis of the provisions on the National Criminal Register;

■     are processed by the Inspector General of Financial Information;

■     are processed by relevant bodies for the purpose of Poland’s participation in the Schengen

Information System and Visa Information System;

■     are processed by relevant bodies on the grounds of laws which regulate the exchange of information with law enforcement agencies of EU Member States;

■     relate to the members of churches or other religious unions with an established legal status, being processed for the purposes of these churches or religious unions;

■     are processed in connection with the employment by the controller or providing services for the controller on the grounds of civil law contracts, and also refer to the controller’s members and trainees;

■     refer to the persons availing themselves of health care services, notarial or legal advice, patent agent, tax consultant or auditor services;

■     are created on the basis of electoral regulations concerning the Lower Chamber of the Polish Parliament, the Senate, the European Parliament, communal councils, district councils and provincial councils, the President of the Republic of Poland, the head of a commune, the mayor or president of a city, and acts on national referendums and municipal referendums;

refer to persons deprived of freedom under the relevant law within the scope required for

carrying out the provisional detention or deprivation of freedom;

■     are processed for the purpose of issuing an invoice, a bill, or for accounting purposes;

■     are publicly available;

■     are processed in the preparation of a thesis required to graduate from a university or be

awarded a degree; or

■     are processed with regard to minor, everyday affairs.

The data controller may start the processing of data in the data filing system after notification of the system to the General Inspector, unless the controller is exempted from this obligation. Nevertheless, the data controller of sensitive data may start the processing of these data in the data filing system after registration of the file, unless the data controller is exempted from the obligation to submit the system for registration.

The notification should include, in particular, the following information:

■     the identity of the data controller and any data processors;

■     the legal grounds for data processing;

■     the purpose of the processing;

■     a description of the categories of the data subjects;

■     the scope of processing of the data;

■     the means of data collection and disclosure;

■     a description of the technical and organizational measures undertaken in order to comply with the goals defined in the PDPA; and

■     information relating to the possible data transfer to a third country.

Data Protection Officers

The data controller is obliged to appoint an administrator of information security who supervises the compliance with security measures implemented in order to protect the personal data against their unauthorized disclosure, takeover by an unauthorized person, processing with the violation of the PDPA, any change, loss, damage or destruction.

Collection and Processing

The processing of data is permitted only if:

■     the data subject has given his/her consent, unless the processing consists in erasure of personal data;

■     processing is necessary for the purpose of exercise of rights and duties resulting from a legal

processing is necessary for the performance of a contract to which the data subject is a party

or in order to take steps at the request of the data subject prior to entering into a contract;

■     processing is necessary for the performance of tasks provided for by law and carried out in

the public interest; or

■     processing is necessary for the purpose of the legitimate interests pursued by the controllers or data recipients, provided that the processing does not violate the rights and freedoms of the data subject.

Where sensitive data is processed, one of the following conditions must be met:

■     the data subject has given his/her written consent, unless the processing consists of the erasure of personal data;

■     the specific provisions of other statutes provide for the processing of such data without the data subject’s consent and provide for adequate safeguards;

■     processing is necessary to protect the vital interests of the data subject, or of another person, where the data subject is physically or legally incapable of giving his/her consent until he establishes who is the guardian or curator;

■     processing is necessary for the purposes of carrying out the statutory objectives of churches and other religious unions, associations, foundations, and other non profit organizations or institutions with a political, scientific, religious, philosophical, or trade union aim provided that the processing relates solely to the members of those organizations or institutions or

to the persons who have a regular contact with them in connection with their activity and

subject to providing appropriate safeguards of the processed data;

■     processing relates to the data necessary to pursue a legal claim;

■     processing is necessary for the purposes of carrying out the obligations of the controller with regard to employment of his/her employees and other persons, and the scope of processing is provided by the law;

■     processing is required for the purposes of preventive medicine, the provision of care

or treatment, where the data are processed by a health professional subject involved in treatment, other health care services, or the management of health care services and subject to providing appropriate safeguards;

■     the processing relates to those data which were made publicly available by the data subject;

■     it is necessary to conduct scientific research including preparations of a thesis required for graduating from university or receiving a degree; any results of scientific researches shall not be published in a way which allows identifying data subjects; and

■     data processing is conducted by a party to exercise the rights and duties resulting from decisions issued in court or administrative proceedings.

The data controller is obliged to provide a data subject with information including: the identity

of the data controller, the purpose of data collection, the data recipients or categories of

recipients, if known at the date of collecting, the existence of the data subject’s right of access

to his/her data and the right to rectify these data, whether the replies to the questions are obligatory or voluntary, and in case of existence of the obligation about its legal basis. Further information is required if personal data has not been obtained from a data subject.

Transfer

The transfer of personal data to a third country (i.e. a country outside the European Economic Area) may take place only if the country of destination ensures an adequate level of data protection.

The adequate level of protection of personal data is evaluated taking into account all the circumstances surrounding the data transfer, in particular taking into account the nature of the data, the purpose and duration of the proposed processing operation, the country of origin and country of final destination of the data, the laws applicable in the third country, safety measures used in this country and business conduct.

Nevertheless, the data controller may transfer the personal data to a third country provided that:

■     the data subject has given his/her written consent;

■     the transfer is necessary for the performance of a contract between the data subject and the controller or takes place in response to the data subject’s request;

■     the transfer is necessary for the performance of a contract concluded in the interests of the

data subject between the controller and another subject;

■     the transfer is necessary or required by reasons of public interest or for the establishment of

legal claims;

■     the transfer is necessary in order to protect the vital interests of the data subject; or

■     the transfer relates to data which are publicly available.

In cases other than those referred to above, the transfer of personal data to a third country which

does not ensure at least the same level of personal data protection as that in force in Poland

may take place only subject to the prior consent of the General Inspector, provided that the data controller ensures adequate safeguards with respect to the protection of the privacy, rights and freedoms of the data subject (the use of “standard contractual clauses” approved by the European Commission, or the implementation of Binding Corporate Rules easing the granting of such approval).

For the transfer of data to United States, compliance with US/EU Safe Harbor principles satisfies the requirement of the PDPA and the consent of the General Inspector is not required.

The transfer of personal data is also allowed if it is required by legal provisions or by the provisions of any ratified international agreement which guarantees an adequate level of personal data protection.

Security

The data controller is obliged to implement technical and organizational measures to protect the personal data being processed, appropriate to the risks and category of data being protected, and to protect data against unauthorized disclosure, takeover by an unauthorized person, processing which violates the PDPA, any change, loss, damage or destruction, and in particular the data controller should:

■     keep the documentation describing the way of data processing and security measures;

■     appoint an administrator of information security who supervises the compliance with security measures;

■     grant authorization to persons who are allowed to carry out the processing of data;

■     ensure supervision over the following: which data, when and by whom have been entered into the filing system and to whom they are transferred; and

■     keep a register of persons authorized to carry out the processing of data.

There are three levels of security measures depending on the category of data: “basic”, “medium” and “high”. In the event no sensitive data is processed and none of the devices of the IT system used for data processing is connected with the public network (i.e. the Internet) security measures should be applied at a basic level. If the data controller processes sensitive data, security measures should be applied at least at the medium level. If at least one device of the IT system used for data processing is connected to the public network, security measures should be applied on the high level.

Breach Notification

There is no requirement in the PDPA to report data security breaches or losses to the General Inspector or to data subjects. However, pursuant to the Polish Code on Criminal Procedure there is a civic duty to inform the state prosecutor or Police in case of the commission of an offence prosecuted ex officio. Non compliance with the PDPA is an offence.

Enforcement

In Poland the General Inspector is responsible for the enforcement of the PDPA.

Where there is a breach of the provisions on personal data protection, the General Inspector ex officio or upon a motion of a person concerned, by means of an administrative decision, may issue orders to restore the proper legal state. Failure to comply with the decision is subject to fines up to approximately EUR 50,000.

Furthermore, non compliance with the PDPA may be a criminal offence. A person who is liable

(usually a member of a management board of the company which is a data controller) may be subject to a fine (from approximately EUR 25 to approximately EUR 270,000), a partial

restriction of freedom or a prison sentence of up to three years.

Electronic Marketing

Electronic marketing activities are subject to the regulations of the PDPA, the Act of

18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No 144, item 1204 as amended (“PSEM”) and the Telecommunications Act  of 16 July 2004 (Journal of Laws of 2004, No 171, item 1800 as amended (“Telecommunications Act”).

The PDPA applies to electronic marketing activities as such activities will involve processing of personal data, eg an e-mail address is likely to be considered personal data for the purposes of the PDPA. The PDPA lays down the grounds for processing of personal data for marketing purposes. According to the PDPA the data controller may process personal data if processing is necessary for the purpose of legitimate interests pursued by the data controllers provided that the processing does not violate the rights and freedoms of the data subject.

The legitimate interests includes direct marketing of own products or services provided by the data controller. Therefore, if marketing activities relate only to products and services owned by the data controller, consent for such processing is not required. The data subject may always object to such processing. Nevertheless, if marketing activities relate to products and services not owned by the data controller, prior consent for such processing is necessary. In each case the data subject should be informed about processing of his/her personal data for marketing purposes.

Apart from consent for processing of personal data (if such consent is required), the PSEM imposes an obligation to obtain a separate consent for sending marketing information by electronic means, (eg e-mails and SMS). The consent should not be presumed to be or be part of another statement of will and may be withdrawn at any time. Sending commercial information without consent is considered to be unfair competition practice. A service provider should be able to provide evidence that it has obtained consent.

The Telecommunications Act prohibits the use of automated calling systems for direct marketing, unless a user has given prior consent to this. The consent of the user:

■     may not be presumed or implied by a declaration of will of a different content;

■     may be expressed by electronic means, provided that it is recorded and confirmed by the

user; and

■     may be cancelled at any time, in a simple manner and free of charge.

Enforcement and sanctions – Failing to fulfill the obligations to obtain consent for using automated calling systems for direct marketing is subject to a financial penalty up to 3% of the revenues of the fined company for the past calendar year. The penalty is imposed by the

President of the Office of Electronic Communication (hereinafter referred to as the “President of OEC”). In addition, the President of OEC may impose a financial penalty on a person in charge of the company up to 300% of his/her monthly remuneration.

Sending marketing information by electronic means without consent is subject to criminal liability (a fine) and is considered to be an act of unfair competition.

The sanctions relating to PDPA set out in the Enforcement section above will apply accordingly

Online Privacy (including cookies and Location Data)

The Telecommunications Act regulates the collection of transmission and location data and

the use of cookies (and similar technologies). The amendment to the Telecommunications

Act which implements Directive 2009/136/EC and Directive 2009/140/EC came into force on

21 January 2013, with the exception of the new provisions regarding cookies, which will come into force by 22 March 2013.

Transmission data – The processing of transmission data (understood as data processed for the purpose of transferring messages within telecommunications networks or charging payments for telecommunications services, including location data, which should be understood as any data processed in a telecommunications network or as a part of telecommunications services indicating geographic location of terminal equipment of a user of publicly available telecommunications services) for marketing telecommunications services or for providing

value-added services is permitted if the user gives his/her consent.

Data about location – In order to use data about location (understood as location data beyond the data necessary for message transmission or billing), a provider of publicly available telecommunications services has to:

■     obtain the consent of the user to process data about location concerning this user, which may

be withdrawn for a given period or in relation to a given call; or

■     perform the anonymisation of this data.

A provider of publicly available telecommunications services is obliged to inform the user, prior to receiving its consent, with regard to the type of data about location which is to be processed, with regard to the purpose and time of its processing, and whether this data is to be passed on to another entity in order to provide a value-added service.

Data about location may be processed only where this is necessary to provide value-added services.

Cookies – The use and storage of cookies and similar technologies requires:

■     providing clear and comprehensive information to the user;

■     obtaining the consent of the user; and

■     that stored information or gaining access to this stored information does not cause configuration changes in the telecommunications device of the user or the software installed on this device.

The user may grant consent by using the settings of the software installed in the final telecommunications device used by him/her or by the service configuration.

According to the explanations of the Ministry of Administration and Digitalisation, which has prepared the amendment to the Telecommunications Act, consent can be inferred by a user’s actions, e.g. the user is given clear and relevant information about the cookies that are used and on that basis gives his/her consent by changing browser settings.

Consent is not required if storage or gaining access to cookies is necessary for:

■     transmitting a message using a public telecommunications network; or

■     delivering a service rendered electronically, as required by the user.

Enforcement and sanctions – A company that processes transmission data contrary to the

Telecommunications Act or fails to fulfill obligations to obtain consent for processing data

about location or storing and gaining access to cookies is subject to a financial penalty up to 3% of the company’s revenues for the past calendar year. The penalty is imposed by the President of OEC. In addition, the President of OEC may impose a financial penalty on a person in charge of the company up to 300% of his/her monthly remuneration.

The sanctions relating to PDPA set out in the Enforcement section above will apply accordingly.

(Enter into force on 9 September 2000.)

Article 1

The following amendments are being introduced to the Act of 6 June 1997 – Penal Code (Journal of Laws – Dz.U. No 88, item 553 and No 128, item 840, of 1999 No 64, item 729, and No 83, item 931, and of 2000 No 48, item 548),:

1) Article 45 shall have the following reading:

“Article 45.

§ 1. If the perpetrator has obtained, even if indirectly, a financial benefit from the commission of an offence, the court may decree its forfeiture or the forfeiture of its equivalent. The forfeiture shall not be decreed, in part or in whole, if the benefit or its equivalent is to be returned to the wronged person or to another entity.

§ 2. In the case of sentencing a perpetrator referred to in article 65 or a perpetrator who has obtained a substantial benefit from the commission of an offence, the court shall decree the forfeiture of the benefit obtained or its financial equivalent. The provision of § 11, sentence two, shall apply accordingly.

§ 3. The financial benefit subject to forfeiture, or its equivalent, shall become the property of the State Treasury at the time the judgement becomes final.”;

2) In Article 228, § 6 shall be added in the following reading:

“§ 6. The penalties stipulated in § 1-5 shall also be imposed on a person who, in connection with discharging a public function in a foreign state or organization, accepts a financial or personal benefit, or a promise thereof, or demands such benefit, or makes the performance of an official act dependent on the receipt thereof.”;

3) Article 229 shall have the following reading:

“Article 229. § 1. Anyone who provides, or promises to provide, a financial benefit to a person discharging a public function, in connection with the discharge of such function, shall be punishable with the penalty of deprivation of liberty from 6 months to 8 years.

§ 2. In cases of lesser importance, the perpetrator shall be punishable with the penalty of fine, the penalty of limitation of liberty, or the penalty of deprivation of liberty up to 2 years.

§ 3. If the perpetrator of an act specified in § 1 acts in order to persuade a person discharging a public function to breach the provisions of the law, or provides such a person with a benefit for the violation of the provisions of the law, he shall be punishable with the penalty of deprivation of liberty from one year to 10 years.

§ 4. Anyone who provides, or promises to provide, a financial benefit of substantial value to a person discharging a public function, in connection with the discharge of such function, shall be punishable with the penalty of deprivation of liberty from 2 to 12 years.

§ 5. The penalties stipulated in § 1 – 4 shall also apply accordingly with respect to anyone who provides, or promises to provide, a financial or personal benefit to a person discharging a public function in a foreign state or international organization, in connection with the discharge of such function.”.

Article 2.

In the Act of 6 June 1997 – Code of Criminal Procedure (Dz.U. No 89, item 555, of 1999 no 83, item 931, and of 2000 No 50, item 580), Chapter 66 shall have the following reading:

“Chapter 66 Taking over and transmitting judgements for execution Article 608. § 1. In the case of a final sentencing of a Polish citizen by the court of a foreign state to the penalty of deprivation of liberty subject to execution, or a final adjudication in respect of a Polish citizen of a measure involving deprivation of liberty, the Minister of Justice may submit a request to the competent authority of that state for the taking over of the sentenced person or the person in respect of whom the measure has been adjudicated, in order for the penalty of deprivation of liberty, or the measure, to be executed in the Republic of Poland.

§ 2. In the case of a final sentencing by the court of a foreign state of a Polish citizen, a person who is permanently resident, possesses property or conducts professional activity in the territory of the Republic of Poland, to the penalty of fine, or in the case of adjudicating in respect of him a ban on occupying specific posts, practicing a specific profession or conducting a specific business activity, or a ban on driving motor vehicles, forfeiture, or a security measure which does not involve deprivation of liberty, the Minister of Justice may submit a request to the competent organ of that state for taking over the judgement to be executed in the Republic of Poland.

§ 3. Before submitting a request referred to in § 1 or § 2, the Minister of Justice shall apply to the competent court for rendering a decision on admissibility of taking over the judgement for execution in the territory of the Republic of Poland.

Article 609.

§ 1. In the case of receiving a request of a foreign state for execution in respect of a Polish citizen, or a person permanently resident in the territory of the Republic of Poland, of a finally adjudicated penalty of deprivation of liberty, or a security measure involving deprivation of liberty, the Minister of Justice shall apply to the competent court for rendering a decision on admissibility of taking over the judgment for execution in the territory of the Republic of Poland.

§ 2. In the case of receiving a request of a foreign state for execution in respect of a Polish citizen, a person who is permanently resident, possesses property or conducts professional activity in the Republic of Poland, of a finally adjudicated fine, a ban on occupying specific posts, practicing a specific profession or conducting a specific business activity, a ban on driving motor vehicles, forfeiture, or a security measure involving deprivation of liberty, the Minister of Justice shall apply to the competent court for rendering a decision on admissibility of taking over the judgement for execution in the Republic of Poland.

§ 3. If the judgement referred to in the request is not final, or the person covered by the request referred to in § 1 is not a Polish citizen, or does not permanently reside in the territory of the Republic of Poland, the Minister of Justice shall return the request.

Article 610.

§ 1. In the case of a final sentencing of a foreigner by the Polish court to the penalty of deprivation of liberty subject to execution, or adjudicating in respect of him a measure involving deprivation of liberty, the Minister of Justice may submit a request to the competent authority of the state of citizenship of the sentenced person or the person in respect of whom the measure was adjudicated, for taking him over in order for the penalty to be served or the measure enforced.

§ 2. Before submitting a request referred to in § 1, the Minister of Justice shall apply to the competent court for rendering a decision on admissibility of transmitting the judgement for execution abroad.

§ 3. In the case of receiving a request of a foreign state for taking over a foreigner sentenced by the Polish court to the penalty of deprivation of liberty subject to execution, or in respect of whom a measure involving deprivation of liberty has been validly adjudicated, the Minister of Justice shall apply to the competent court for rendering a decision on admissibility of transmitting the judgement for execution abroad.

§ 4. In the case of a final sentencing by the Polish court of a person who is permanently resident abroad, or has property or conducts professional activity abroad, to a fine, or in the case of a final adjudication in respect of him of a ban on occupying specific posts, practicing a specific profession or conducting a specific business activity, a ban on driving motor vehicles, forfeiture, or a security measure which does not involve deprivation of liberty, the court competent in respect of execution of the penalty or the measure, may submit a request, through the Minister of Justice, to the competent authority of the state in whose territory the sentenced person or the person in respect of whom the measure was adjudicated permanently resides, possesses property or conducts activity, for execution of the judgement.

§ 5. In the case of receiving a request of a foreign state for taking over for execution of a final sentencing by the Polish court of a person who is permanently resident, possesses property or conducts professional activity in that state, to a fine, or in the case of final adjudication in respect of him of a ban on occupying a specific post, a ban on practicing a specific profession or conducting a specific business activity, a ban on driving motor vehicles, forfeiture, or a security measure which does not involve deprivation of liberty, the Minister of Justice shall apply to the competent court for rendering a decision on admissibility of transmitting the judgement for execution abroad.

Article 611.

§ 1. The court competent to examine cases specified in article 608 § 3, in connection with § 1, and in article 609 § 1shall be the district court in the territory of whose competence the sentenced person has recently been permanently or temporarily resident.

§ 2. The court competent to examine cases specified in article 608 § 2, in connection with § 2, and in article 610 § 5 shall be the district court in the territory of whose competence the sentenced person has recently been permanently or temporarily resident, and if this has not been established, where the executable property is located, or where the sentenced person conducts the banned activity.

§ 3. The court competent to examine cases specified in article 610 § 2 and 3 shall be the district court in the territory of whose competence the judgement referred to in the request was rendered.

§ 4. If the competence cannot be established according to the principles specified in § 1, the case shall be examined by the District Court in Warsaw.

§ 5. If the competence cannot be established according to the principles specified in § 2, the case shall be examined by the court competent in respect of the District of the Centrum Borough.

Article 611a.

§ 1. The court shall examine the question of admissibility of taking over or transmitting a judgement for execution at a session which may be attended by the sentenced person if he stays in the territory of the Republic of Poland, as well as by the sentenced person’s defense counsel, if he appears at it. If a sentenced person who does not stay in the territory of the Republic of Poland does not have a defense counsel, the president of the court competent to examine the case may designate an ex officio counsel for the defense.

§ 2. If the data included in the request is insufficient, the court may order that it be supplemented. For this purpose the court may adjourn the examination of the case.

§ 3. If the court has rendered a judgement on inadmissibility of taking over or transmitting a judgement for execution, the taking over or transmission may not be effected.

§ 4. In the case specified in article 610 § 4 the court shall render an order that a request be submitted to the authority of a foreign state for taking over the judgement for execution.

§ 5. The order of the court on taking over or transmitting a judgement for execution is subject to complaint.

§ 6. If the proceedings concern taking over a judgement for execution, the court may adjudicate a preventive measure.

Article 611b.

§ 1. Taking over a judgement for execution in the Republic of Poland shall be inadmissible if:

1) the judgement is not final, or is not subject to execution,

2) its execution might impair sovereignty, security or legal order of the Republic of Poland,

3) the person sentenced to the penalty of deprivation of liberty or a person in respect of whom a measure involving deprivation of liberty was adjudicated, does not consent to the taking over,

4) the person sentenced to a fine or in respect of whom forfeiture has been adjudicated, not being permanently resident in the territory of the Republic of Poland, does not possess property in its territory,

5) the act indicated in the request does not constitute a prohibited act under the Polish law,

6) circumstances referred to in article 604 § 1 points 2, 3 and 5 occur.

§ 2. The transmission of a judgement for execution in a foreign state shall be inadmissible if:

1) the judgement is not final, or is not subject to execution,

2) the person sentenced to the penalty of deprivation of liberty, or a person in respect of whom a measure involving deprivation of liberty has been adjudicated, does not consent to the transmission,

3) the person sentenced to the penalty of deprivation of liberty or a person in respect of whom a measure involving deprivation of liberty was adjudicated, is a person specified in article 604 § 1 subparagraph 1,

4) circumstances referred to in article 604 § 1 subparagraphs 1 and 5 occur.

Article 611c.

§ 1. After taking over a judgment for execution, the court shall specify the legal qualification of the act according to the Polish law, as well as the penalty and the measure subject to execution.

§ 2. When specifying the penalty or the measure subject to execution, the court shall apply the provision of article 114 § 4 of the Penal Code accordingly.

§ 3. When specifying the amount of fine, the court shall convert the fine adjudicated as a fixed sum or a daily rate denominated in a foreign currency, into the national currency according to the average exchange rate specified by the National Bank of Poland as of the date of rendering the judgement in the foreign state. If the amount of fine has been specified as a fixed sum, then the quotient of the daily rate and the number of daily rates may not exceed the amount so converted.

§ 4. The court shall examine the case at a session. The provisions of article 352 and 611a § 1 and 5 shall apply accordingly.

Article 611d.

§ 1. If during the proceedings circumstances occur which justify the rendering of a judgement to furnish security on property due to imminent forfeiture of objects or property which constitute financial benefits from the commission of a crime, and such objects or constituent elements of this property are located in the territory of a foreign state, then the court, and in a pre-trial proceeding the prosecutor, may apply, through the Minister of Justice, to the competent authority of this state for furnishing security on the objects or property threatened with forfeiture.

§ 2. If an authority of a foreign state applies for execution of a final judgement on security on a property, where the property subject to security is located in the territory of the Republic of Poland, the competent authority to execute the judgement shall be the district court or the prosecutor in whose district of competence the property is located.

Article 611e.

If a person sentenced with a final sentence or in respect of whom a final measure has been adjudicated leaves the territory of the sentencing state and arrives in the territory of the state of his citizenship before serving the adjudicated penalty, or before the measure adjudicated against him is executed, the provisions of this chapter shall apply accordingly. The provisions of article 611b § 1, subparagraph 3, and § 2, subparagraph 2, shall not apply.

Article 611f.

The provisions of this chapter shall apply accordingly to taking over and transmitting for execution judgements on fiscal penalties”.

Article 3

In the Act of 16 April 1993 on combating unfair competition (Dz.U. No 47, item 211, of 1996 No 106, item 496, of 1997 No 88, item 554, of 1998 No 106, item 668 and of 2000 No 29, item 356), the following amendments shall be introduced:

1) in article 3, paragraph 2 shall have the following reading:

“2. Acts of unfair competition are in particular: a misleading designation of an enterprise, false or fraudulent designation of the geographic origin of goods or services, misleading designation of goods or services, breach of enterprise’s secrets, enticing into dissolution or non-performance of a contract, imitation of products, imputation or unfair praise, hindering access to the market, bribery of a person discharging a public function, as well as unfair or prohibited advertising.”;

2) after article 15, article 15a shall be added in the following reading:

“Article 15a. An act of unfair competition consisting in the bribery of a person discharging a public function is a conduct specified in article 229 of the Penal Code on the part of a natural person:

1) of 9 September 2000 on the amendment to the Act – Penal Code, the Act – Code of Criminal Procedure, the Act on Combating Unfair Competition, the Act on Public Orders and the Act – Banking Law Article 1

The following amendments are being introduced to the Act of 6 June 1997 – Penal Code (Journal of Laws – Dz.U. No 88, item 553 and No 128, item 840, of 1999 No 64, item 729, and No 83, item 931, and of 2000 No 48, item 548),:

1) Article 45 shall have the following reading:

“Article 45.

§ 1. If the perpetrator has obtained, even if indirectly, a financial benefit from the commission of an offence, the court may decree its forfeiture or the forfeiture of its equivalent. The forfeiture shall not be decreed, in part or in whole, if the benefit or its equivalent is to be returned to the wronged person or to another entity.

§ 2. In the case of sentencing a perpetrator referred to in article 65 or a perpetrator who has obtained a substantial benefit from the commission of an offence, the court shall decree the forfeiture of the benefit obtained or its financial equivalent. The provision of § 11, sentence two, shall apply accordingly.

§ 3. The financial benefit subject to forfeiture, or its equivalent, shall become the property of the State Treasury at the time the judgement becomes final.”;

2) In Article 228, § 6 shall be added in the following reading:

“§ 6. The penalties stipulated in § 1-5 shall also be imposed on a person who, in connection with discharging a public function in a foreign state or organization, accepts a financial or personal benefit, or a promise thereof, or demands such benefit, or makes the performance of an official act dependent on the receipt thereof.”;

3) Article 229 shall have the following reading:

“Article 229. § 1. Anyone who provides, or promises to provide, a financial benefit to a person discharging a public function, in connection with the discharge of such function, shall be punishable with the penalty of deprivation of liberty from 6 months to Article 22c.

1. After receiving certified copies of the judgements referred to in article 22b, the President of the Office for the Protection of Competition and Consumers shall institute proceedings against the entrepreneur who is not a natural person with respect to liability for an act of unfair competition consisting in the bribery of a person discharging a public function.

2. The proceedings referred to in paragraph 1 shall be conducted in accordance with the provisions of the Code of Administrative Procedure, unless the statute provides otherwise.

3. The findings of the final verdict sentencing for the commission of a crime passed in the criminal proceedings shall be binding on the President of the Office for the Protection of Competition and Consumers in the proceedings referred to in paragraph 1.

Article 22d.

1. In the case it has been ascertained that an act of unfair competition which consists in the bribery of a person discharging a public function has been committed by a person referred to in article 15a subparagraphs 2-3, the President of the Office for the Protection of Competition and Consumers shall render a decision imposing on the entrepreneur who is not a natural person a financial penalty payable to the state budget, in the amount of up to 1% of the revenue in the meaning of the provisions on income tax on legal persons, obtained in the tax year preceding the date of rendering the decision.

2. A financial penalty may not be imposed if a period of 10 years has elapsed since the commission of the act of unfair competition.

3. The President of the Office for the Protection of Competition and Consumers may make the decision referred to in paragraph 1 immediately enforceable.

4. A decision rendered by the President of the Office for the Protection of Competition and Consumers referred to in paragraph 1 may be appealed against by the entrepreneur to the District Court in Warsaw – the antimonopoly court, within 2 weeks from the service of the decision.

5. The proceedings before the court shall be conducted in accordance with the provisions of Section IVa, Title VII, of the Code of Civil Procedure on proceedings in commercial cases within the scope of combating monopolistic practices.

6. The financial penalty referred to in paragraph 1 shall be payable from the income of the sentenced entrepreneur after tax, or from another form of surplus of revenues over expenditures, diminished by taxes.

Article 22e.

In proceedings against an entrepreneur in a case of liability for an act of unfair competition which consists in the bribery of a person discharging a public function, the President of the Office for the Protection of Competition and Consumers may apply to the competent authority of a foreign state for legal assistance.

Article 22f.

1. The President of the Office for the Protection of Competition and Consumers shall provide legal assistance to the authorities of foreign states in proceedings conducted against a legal person with a view to establishing its liability or impose on it sanctions for the bribery of a person discharging a public function.

2. Legal assistance referred to in paragraph 1 shall be provided upon the request of an authority of a foreign state and shall include necessary actions undertaken in administrative proceedings, in particular serving documents, hearing witnesses and experts, summoning persons to appear in person, making available files and documents, as well as providing information on the Polish law.

3. With respect to the proceedings for granting legal assistance referred to in paragraph 1, the provisions of Section I and II of the Code of Administrative Procedure shall apply.

4. The President of the Office for the Protection of Competition and Consumers may refuse granting legal assistance to an organ of a foreign state if:

1) the requested action would contravene fundamental principles of the legal order in the Republic of Poland or violate its sovereignty,

2) no agreement stipulating such assistance has been concluded between the Republic of Poland and the state from which the request originates, and that state does not provide reciprocity.

Article 22g.

The provisions of article 22f shall not apply with respect to prosecutors and courts of foreign states referred to in article 588 § 1 of the Code of Criminal Procedure”.

Article 4.

In the Act of 10 June 1994 on public orders (Dz.U. of 1998 No 119, item 773, of 1999 No 45, item 473 and of 2000 No 12, item 136), in article 19, paragraph 1, the following amendments shall be introduced:

1) in paragraph 4, after the words “public order”, a coma and the words “offence of bribery” shall be added,

2) in subparagraph 5, after the words “public order”, a coma and the words “offence of bribery” shall be added, and the full stop shall be replaced with a coma,

3) after subparagraph 5, subparagraph 6 shall be added in the following reading:

4) entrepreneurs on whom in the last three years a financial penalty referred to in the provisions on combating unfair competition has been imposed for an act of unfair competition consisting in the bribery of a person discharging a public function.”

Article 5.

In the Act of 29 August 1997 – Banking Law (Dz.U. No 140, item 936, of 1998 No 160, item 1063 and No 162, item 1118, and of 1999 No 11, item 95, and No 40, item 399), in article 105, in paragraph 1, in subparagraph 2, in letter b), after the words “or fiscal penal” the following words shall be added: “or in connection with the execution of a request for legal assistance originating from a foreign state which, under a ratified international agreement binding on the Republic of Poland, has the right to apply for the provision of information coveredby bank secrecy”.

Article 6.

This Act enters into force 3 months from the date of its promulgation.

Article 115

paragraph 13

A public official is:

1. the President of the Republic of Poland;

2. a deputy to the Sejm, a senator, a councillor;

3. a judge, a lay-judge, a state prosecutor, a notary public, a court executive officer (komornik), a professional court probation officer, a person adjudicating in cases of con traventions or in disciplinary authorities operating in pursuance of a law;

4. a person who is an employee in a state administration, other state authority or local government, except when he performs only service -type work, and also other persons to the ext ent in which they are authorised to render administrative decisions;

5. a person who is an employee of a state auditing and inspection authority or of a local government auditing and inspection authority, except when he performs only service-type work;

6. a person who occupies a managerial post in another state institution;

7. an official of an authority responsible for the protection of public security or an official of the State Prison Service;

8. a person performing active military service.

Article 228. §1. Whoever, in connection with the performance of a public function accepts a material or personal benefit or a promise thereof, or demands such a benefit shall be subject to the penalty of deprivation of libert y for a term of between 6 months and 8 years.

§2. In the event that the act is of a lesser significance, the perpetrator shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.

§3. If the act specified in §1 has been committed in connection with a violation of law, the perpetrator shall be subject to the penalty of deprivation of liberty for a term of between 1 to 10 years.

§4. The penalty specified in §3 shall be imposed on anyon e who, in connection with his official capacity, makes the performance of his official duties conditional upon receiving a material benefit.

§5. Whoever, in connection with the performance of a public function accepts a material benefit of considerable value or a promise thereof, shall be subject to the penalty of deprivation of liberty for a term of between 2 years and 12years.

Article 229. §1. Whoever gives a material or personal benefit or promises to provide it to a person performing public functions shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.

§2. In the event that the act is of a lesser significance, the perpetrator shall be subject to a fine, the penalty of restriction of liberty or th e penalty of deprivation of liberty for up to one year.

§3. Whoever gives a material or personal benefit to a person performing public functions in order to induce him to disregard his official duties or provides such a benefit for disregarding such a duty shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.

§4. The penalty specified in §3 shall be imposed on anyone who gives a material benefit of considerable value or promises to provide it to a person performing public functions.

Article 230. Whoever, claiming to have influence on a state or local government, undertakes to intercede in the settling of a matter in exchange for a material or personal benefit or for a promise thereof, shall be subject to the penalty of deprivation of liberty for up to 3 years.

Article 231. §1. A public official who, exceeding his authority, or not performing his duty, acts to the detriment of a public or individual interest shall be subject to the penalty of deprivat ion of liberty for up to 3 years.

§2. If the perpetrator commits the act specified in §1 with the purpose of obtaining a material or personal benefit, he shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years.

§3. If the perpetrator of the act specified in §1 acts unintentionally and causes an essential damage shall be subject to a fine, the penalty of restriction of liberty, or deprivation of liberty for up to 2 years.

§4. The provision of §2 shall not be ap plied when the act has the features of the prohibited act specified in Article 228.

Police Background Check Procedures

•  Inquiry about an individual / Zapytanie o Udzielenie Informacji o Osobie
•  Information about an individual / Inforacja o osobie z Krajowego Rejestru Karnego

Who can apply?

•  Polish nationals can apply.
•  Third party representatives may apply.
•  Prospective employers can apply (application form must be in Polish)

Where?

•  Local applicants must apply by post to the National Criminal Register Information Office (KRK).
•  E-mailed or faxed applications will not be accepted.
•  Overseas applicants are advised to directly apply by post to the National Criminal Register
Information Office (KRK). Applicants may also consult their nearest Polish Consulate, but are
advised it is an expensive and time consuming process.
•  E-mailed or faxed applications will not be accepted.

What must the applicant supply?

Local applicants:
•  The full name and mailing address of the applicant (in the case of an employer, this may include the company’s stamp)
•  The date of the application
•  The following information of the subject:
•  Full name
•  Father’s name
•  Mother’s married and maiden name
• Date of birth
•  Birth place
•  Nationality
•  Address as it appears in identification document/last address in Poland

Overseas applicants:

•  The full name and mailing address of the applicant (in the case of an employer, this may includethe company’s stamp)
•  The date of the application
•  The following information of the subject:
  • Full name
  • Father’s name
  • Mother’s married and maiden name
  • Date of birth
  • Birth place
  • Nationality
  • Address as it appears in identification document/last address in Poland
  • Proof of payment
  • Copy of valid ID document

Third party representative:

•  Copy of subject’s ID document
•  Written consent
•  Prospective employer:
•  Written consent NOT necessary
•  Legal grounds/reason for application
•  Applicant’s signature
The applicant should indicate which type of data they require by striking through one or more of thefollowing categories: criminal files; convict and warrant files; juvenile files. The applicant may specify aparticular case about which they require information. If no case is specified, all disclosable information will be reported.

What are the costs / turnaround times?

•  Local and overseas applicants:
•  PLN50 (GBP£ 11) to be made in person, or by bank transfer in the case of overseas
applications.

Contact Details

Local and overseas applicants must post the application form to:
National Criminal Register Information Office Ministerstwo SprawiedliwościKrajowy Rejestr Karnyul. Czerniakowska 10000-454 WarsawPoland
Tel:(+48)223 976 200 (Central office)(+48) 223 976 213 (EU information)
Fax: (+48) 223 976 205
Website:http://ms.gov.pl/en/national-registers/national-criminal-register/
Email:b-krk@ms.gov.pl/krk@ms.gov.pl
Consular section of the Polish Embassy in London:
Embassy of the
Republic of Poland in London
Consular Section
73 New CavendishStreetLondon W1W 6LS
Tel: (+44) 020 729 139 14 / 020 729 139 00 / 020 729 139 38
Fax:0207 3232 320
Email:consulate@polishconsulate.co.uk
Website:http://londyn.msz.gov.pl/en/consular_information/legal_affairs/criminal_record/crminal_record

What does the certificate look like?

•  Name and address of applicant
•  Subject’s personal data
• Details of convictions (if any)
•  Serial number
•  Verdict and validation date
•  File catalogue number

Poland – Know Your Customer (KYC) Rules

Poland lies directly along one of the main routes used by narcotics traffickers and organized crime groups between the former Soviet Union republics and Western Europe. According to Polish government estimates, narcotics trafficking, organized crime activity, auto theft (declining), smuggling, extortion, counterfeiting, burglary, and other crimes generate criminal proceeds in the range of less than $2 billion each year.

According to the Government of Poland (GOP), evasion of customs duties and taxes is the largest source of illegal income. Fuel smuggling, by which local companies and organized crime groups seek to avoid excise taxes by forging gasoline delivery documents, is a major source of laundered proceeds. Money laundering through trade in scrap metal and recyclable material is a growing trend, as is the increasing activity of organized crime in the financial services area (internet banking, credit cards and electronic systems for money transfers). It is also believed that some money laundered in Poland originates in Russia or other countries of the former Soviet Union. There are a declining number of cases involving entities located in tax haven countries. This is the result of agreements being signed on avoidance of double taxation (e.g., such an agreement with Cyprus will take effect in 2012).

The GOP estimates the gray economy, used primarily for tax evasion, may exceed 15% of Poland‘s 2010 gross domestic product (GDP). The GOP estimates the black economy comprises only 1% of GDP. Poland is not considered a regional financial center, nor is it considered a particularly important international destination for money laundering. The GOP considers the nation‘s banks, insurance companies, brokerage houses, and casinos to be the primary venues of money laundering.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: NO

Poland – KYC covered entities

The following is a list of Know Your Customer entities covered by Polish Law:

    • Banks
    • Financial leasing and factoring companies
    • Currency exchanges
    • Investment companies and funds
    • The National Depository for Securities
    • Gambling institutions
    • Insurance companies
    • The National Bank of Poland
    • The Polish Post
    • Foreign entities carrying out brokerage activities
    • Electronic money institutions
    • Credit unions
    • Notaries
    • Foundations
    • Auctioneers
    • Pawnshops
    • Dealers of high value goods and precious metals and stones

Poland – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 19,279 from January to October 2011

Number of CTRs received and time frame: Not applicable

The following is a list of STR covered entities covered by Polish Law:

    • Banks
    • Financial leasing and factoring companies
    • Currency exchanges
    • Investment companies and funds
    • The National Depository for Securities
    • Gambling institutions
    • Insurance companies
    • The National Bank of Poland
    • The Polish Post
    • Foreign entities carrying out brokerage activities
    • Electronic money institutions
    • Credit unions
    • Notaries
    • Foundations
    • Auctioneers
    • Pawnshops
    • Dealers of high value goods and precious metals and stones
    • New payment services entities/agents

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 131 from January to June 2011
Convictions: Three from January to June 2011

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

The Finance Ministry maintains the effectiveness of actions against money laundering involving transfer of money to tax havens is improving with the increase in the number of cooperation agreements concluded with counterparts in such countries. There is also good and improving cooperation with international law enforcement agencies, while domestic efforts are focused on upgrading analytical tools and instruments.

Over the last few years, the GOP has gone to great lengths to strengthen and harmonize its anti-money laundering/counter-terrorist financing (AML/CFT) legal and regulatory tools and institutions with international standards. In 2011, cooperation among relevant authorities and institutions increased. However, work remains to ensure effective implementation. Poland should ensure promulgated regulations are fully effective. The GOP should promote additional capacity building in the private sector and continue to improve communication and coordination among the FIU and relevant law enforcement agencies.

Police and customs authorities, in particular, should continue to receive training on recognizing money laundering and terrorist financing methodologies, including trade-based money laundering and informal value transfer systems. A new technique used by money launderers in Poland is to put laundered money on a new variety of cash card that can be bought in stores. These cards are not registered to anyone, meaning they can be thrown away without leaving a trace. Criminals often use them to make transactions online. The FIU is looking for ways to upgrade analytical tools in order to be able to process data more comprehensively and efficiently.

Risk

Sovereign risk

In comparison with other BB-rated countries, public and external debt are large relative to the size of the economy. In 2014 the stock of central government debt fell to Zl 756bn (US$239bn at average 2014 exchange rates), from Zl 814bn in 2013. The gross external financing requirement is high, but Poland’s strong fundamentals and euro zone quantitative easing are supportive factors. Monetary tightening in the US this year is the main risk.

Banking sector risk

Ultra-loose monetary policy around the world has flattened the yield curve and boosted access to financing. Polish lenders have used the opportunity to pay down short-term debt and replace it with longer maturities. Credit growth has been strong, boosting bank profits. Exposure to foreign-currency loans remain the main source of risk.

Political risk

The rating remains at BBB. The October parliamentary election will be tight. The Economist Intelligence Unit’s core view is that the main opposition Law and Justice (PiS) will win, but be unable to form a workable coalition. Sanctions on Russia may be extended in their current form in July.

Economic structure risk

The Polish economy weathered the 2008-09 global financial crisis well. However, a reliance on low labour costs and an inability to move up the value chain has kept GDP per head well below the levels of some regional peers. The economy is well diversified, reducing its vulnerability to external shocks.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

The rate of violent crime in Poland is generally low. Petty crime (pickpocketing, purse snatching) occur, particularly in larger cities. Organized groups of thieves operate at major tourist destinations, on public transportation, at train stations, near hotels and in busy markets. Thieves also target the bus and tram route to and from Warsaw Frederic Chopin Airport.

Exercise caution on trains, particularly at night. Store personal belongings in a safe place, do not leave the compartment unattended and ensure the door is secured from the inside. Most pickpocketing on trains occurs during boarding. Commonly, a group of well-dressed young men will jostle and rob a passenger as they supposedly attempt to get around the victim in a narrow aisle of the train.

Youth gangs can be a threat, particularly in urban areas. There have been reports of individuals being harassed for reasons of race, sexual orientation or foreign looking appearance.

Road safety

Poland has been improving its highway system, but travel by road can be hazardous outside of major centres. Most roads are poorly maintained, narrow and badly lit, and traffic is congested. Some drivers have little regard for traffic regulations and do not follow safe driving practices.

The country’s role as a major east-west route for transport trucks also poses risks. Horse-drawn and slow-moving agricultural vehicles are common in rural areas. Avoid driving long distances at night.

Public Transportation

Use only officially marked taxis. Make sure that the taxi meter is in use, as all registered taxis are required to have an operating meter. The taxi should display the rate per kilometre on the back passenger window, visible from outside the vehicle. Be wary of taxi drivers who approach you at the airport or whose vehicles do not display telephone numbers and a company name; these drivers usually charge exorbitant rates.

See Transportation Safety in order to verify if national airlines meet safety standards.

Spiked food and drinks

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.

General safety measures

Exercise normal safety precautions. Ensure that your personal belongings, passports and other travel documents are secure at all times.

You must report the loss or theft of your passport to the local police. A police report is required for the issuance of a new passport or the replacement of a Polish visa.

Emergency services

Mobile phone users can dial 112 for emergency assistance and roadside assistance. Dial 997 to reach police, 999 to reach ambulance and 998 to reach fire fighters.

Address Format

RECIPIENT

[STREET_TYPE] STREET_NAME HOUSE_NUMBER
POSTAL_CODE LOCALITY
POLAND

Sample

Adrian Kieślowski
ul. Łączności 1
82-300 ELBLAG
POLAND

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2015-02-13 09:00 AM Q4 3.0% 3.3% 3.15% 3%
2015-02-27 09:00 AM Q4 3.1% 3.3% 3.0% 3.0%
2015-05-15 09:00 AM Q1 3.5% 3.3% 3.3% 3%
2015-05-29 09:00 AM Q1 3.3% 3.5% 3.5%
2015-08-14 09:00 AM Q2 4.04%
2015-08-28 09:00 AM Q2

 

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