Licensing of weapons, ammunition and military-use products
We advise businesses on licensing for the manufacture of and trade in explosives, weapons, ammunition and products intended for military or police use, as well as trade in technology intended for such use. We also advise businesses on the performance of activities regulated by the applicable legislation, including the related obligations, proceedings and required procedures.
Scope of activities requiring a licence
The scope of the licence should reflect the business’s actual operating model. Relevant factors include both the classification of materials, weapons, ammunition, products or technology and the type of planned activity – manufacture or trade and, in the case of technology, trade.We advise businesses on determining the scope of activities covered by the licence and the requirements associated with the intended manner in which they will be carried out. When determining the scope of the licence, it is also advisable to take account of the planned development of the business where this may affect the type or scope of activities requiring a licence.
Relevant factors include:
the type and scope of the planned activities,
the classification of materials, weapons, ammunition, products or technology,
the place or places where the activity is to be carried out,
the persons authorised to carry out or manage the activity,
the storage arrangements, where relevant to the planned operating model,
the required technical and organisational conditions.
Scope of our advice
We advise businesses both at the stage of obtaining a licence and in the course of carrying out activities regulated by the applicable legislation. Our advice is tailored to the business model, planned changes and the obligations associated with conducting the activity.
Licence and preliminary assurance
We prepare applications for the grant or amendment of a licence, the required supporting documentation and provide assistance throughout the proceedings. We also advise on matters concerning a preliminary assurance that a licence will be granted.
Preparing the business
We advise on assessing the personnel, organisational and technical requirements associated with the planned scope of activities and on preparing the business to commence those activities.
Carrying out licensed activities
We advise on obligations arising in the course of carrying out licensed activities, including changes requiring notification or amendment of the licence, requirements concerning personnel and, where provided for by law, record-keeping and the Firearms Registration System.
Proceedings and required procedures
We provide assistance in proceedings before the competent authorities, including matters concerning approvals, authorisations and documents required by law, as well as matters relating to inspections of the licensed activity.
Preparing a business to obtain a licence
Obtaining a licence requires the business to be prepared in advance for its planned operating model. The applicable requirements depend, among other things, on the type of activity, the place where it is to be carried out, the storage arrangements and the persons who will carry out or manage the activity. We help businesses organise these elements before submitting an application, so that the planned scope of activities, the documentation and the way in which the business is organised are consistent. This also includes determining which opinions, certificates and other documents are required in the particular case.
Documentation and scope of activities
Persons carrying out or managing the activity
Technical and organisational conditions
Changes after obtaining a licence
Changes may arise in the course of carrying out the activity that are relevant to the licence granted and to the business’s obligations towards the licensing authority. We advise on the legal implications of such changes and on preparing and carrying out the required actions.
Relevant changes may include:
a change of business name, legal form, registered office, address or place where the activity is carried out,
changes in the composition of the management body, or concerning commercial proxies or attorneys authorised to manage the activity,
changes concerning partners or shareholders to the extent specified by law,
a change in the technology used, structural changes to the premises, or a change in the location of the production or storage area,
a merger, demerger or transformation of the company, as well as other changes resulting in the transfer of the licence to another entity,
suspension or resumption of the activity, as well as liquidation or insolvency of the business.
Proceedings and inspections of licensed activities
We represent businesses in proceedings concerning licences and other matters conducted under the applicable legislation, as well as during inspections of licensed activities. We assist in preparing submissions and documentation, assessing the authority’s findings and determining further steps in connection with the proceedings or inspection.
Related areas
Depending on the operating model, licensing matters may also involve regulations concerning international trade in strategic goods and the protection of classified information.
International trade in strategic goods
Legal advice on international trade in goods, technologies and services of strategic significance, including authorisations, classification, dual-use controls, Internal Compliance Programmes (ICP) and sanctions.
Protection of classified information
We advise businesses on the protection of classified information, industrial security and requirements relating to access to classified information.
FAQ
When does a business activity require a licence?
The requirement to obtain a licence depends on the type of planned activity and the classification of the materials, weapons, ammunition, products or technology concerned. The legislation specifies the activities that require a licence and also provides for certain exceptions, so each case should be assessed individually in the context of the particular operating model.
Which authority grants the licence?
The licence is granted, amended and revoked by the minister responsible for internal affairs, acting as the licensing authority.
Can a business apply for a preliminary assurance that a licence will be granted?
The legislation provides for the possibility of obtaining a preliminary assurance that a licence will be granted. Its relevance should be assessed in the context of the planned investment and the business’s operating model.
Can changes to the business or its activities affect the licence?
Yes. Changes concerning the business, persons involved in the activity, or the place or manner in which the activity is carried out may affect the obligations arising under the applicable legislation and the licence granted.
Are you planning to start or expand an activity requiring a licence?
We help determine the required scope of the licence, prepare the business for the licensing proceedings and implement the necessary changes in the course of carrying out the activity.