On August 5, 2025, the President signed the Special Principles for the Preparation and Implementation of Strategic Investments in the Field of State Defense Needs or Key Investments in the Field of State Defense Needs or Public Safety and the Establishment of Protective Zones for Closed Areas Act of July 25, 2025^[1] (the “Act“). Its main goal is to simplify the investment and construction process in the field of state defense. The changes will also impact investments within the jurisdiction of the Minister of Internal Affairs, including those in the field of public safety.^[2] The provisions of the Act will enter into force within 30 days of its publication.

The objective and subjective scope of the Act

Pursuant to Article 1, Point 1 of the Act, the subject of its regulation is specific rules and conditions regarding:

a) preparation and implementation of strategic investments related to state defense needs, key investments in the area of state defense or public security, and the entities responsible for these matters.

b) the acquisition of real estate necessary to carry out strategic investments in the field of state defense needs, as well as the agencies competent in these matters,

c) establishing, abolishing, and modifying the boundaries of protection zones of closed areas established by the Minister of National Defense.

The Act applies only to investments that are of a key or strategic importance regarding the state’s defense needs.

The legislator chose to delegate most investment opportunities to public administration agencies or their supporting organizational units. However, according to Article 1, Section 2, Point 1, Letter f, the investor in a key investment may be a company operating within the defense industrial sector. This includes, among others, limited liability companies or joint-stock companies that produce or provide services related to armaments or military equipment.

Detailed solutions regarding other acts

To make investing easier and offer more options, the Act provides, among other things:

• Imposing an obligation on the relevant voivode to issue a consolidated administrative decision regarding the permit for the investment’s execution within 90 days of the application’s submission by the investor.
• The possibility of implementing investments in areas or affecting areas within the scope of Natura 2000, whereby the relevant Regional Director for Environmental Protection, in cooperation with the investor, may determine measures to minimize the negative effects of the investment, alternative solutions, or the method and extent of their compensation.
• Rules for buying real estate as an investment.
• The appropriate amount and type of compensation for real estate used for investment purposes.

Summary

If you’re engaged in business activities that affect national defense, especially in the areas of armaments or military equipment, understanding the new regulations will certainly make it easier to plan and execute new investments or expand existing ones. In this context, it is especially important to submit a well-prepared application to the appropriate authority, ensuring all formal requirements are met.aktualnych. W tym względzie, szczególnie istotne jest złożenie dobrze skonstruowanego i wypełniającego wszystkie wymogi formalne wniosku do właściwego organu. 

^[1]Journal of Laws, item 1080.

^[2]Justification for the draft Act, p. 1.