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Legal Eye: Customs vs. relics

Fortunately, the taskmasters (ahem, editors) at WBJ are allowing me to indulge in my vacation fantasies this week. I'll leave the fun and sun to you, but the law has a few words to say about gifts and souvenirs.

Presents from Poland

My family in the US loves gifts from Poland, including flavored vodkas, Bolesławiec stoneware, and folk crafts. These traditional souvenirs should not cause you any trouble when departing from Poland. The new, lower baggage weight limits will probably prove the greater obstacle. Of course, you should also check the import restrictions in your country of destination.

There are, however, items that may not be exported from Poland without special permission. With much having been lost during the last few centuries, particularly during World War II, Poland is sensitive about keeping its remaining older art and antiques. As a rule of thumb, you should be concerned about trying to export anything made more than 55 years ago. If that interesting souvenir is technical (like a vintage car or radio), the threshold is lowered to 25 years. Thus, before buying that lovely art deco necklace, you should inquire about its age.

Not every old piece of junk is protected, only "relics" are. The definition of a "relic" includes anything that "stands as witness to a by-gone era or event, the preservation of which lies in interest of society because of its inherent historical, artistic or scientific value." Even as a lawyer who is good at splitting hairs, I'm not quite sure what wouldn't qualify as a relic. Thus, if you are still set on buying that art deco necklace, be prepared to visit the Voivodship Conversation Office to seek a statement that it is not a relic or to apply for an export permit.

Souvenirs from abroad

Fortunately, t-shirts and other common souvenirs should not cause any headaches. In fact, if your trip was in the EU, you do not even have to worry about declaring larger items, such as expensive electronic equipment. If you were elsewhere, you are supposed to declare when your souvenirs are worth more than R175 (zł.660) per adult or R90 (zł340.) per child under 15.

As for alcohol and tobacco, you can bring a lot back to Poland from other EU member states for your personal use. Customs will not question that alcohol is for your personal use as long as it is less than 90 liters of wine (of which 60 liters of sparkling wine), 10 liters of spirits, or 110 liters of beer. As for tobacco products, you should be safe if you don't exceed 800 cigarettes, 200 cigars or one kilogram of tobacco.

These higher thresholds don't apply outside the EU. When I return from the US, I'll have to abide by the two-liter limit for wine.

Prohibited goods

A number of laws and international treaties prohibit the importation of some goods into Poland. Most of these are fairly obvious. For example, live wild animals and products made from endangered animals are not allowed. Likewise, the importation of pornography involving minors or animals is also banned. On this last front, however, the current government is following through in its declared effort to protect the imperiled morals of Poles. The government is considering legislation that would prohibit the importation of any pornographic material to Poland.

Judith Gliniecki is a partner with Rymar and Partners; j.gliniecki@rymar.pl

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