./.WORLD TRADE
ORGANIZATIONS/C/N/97
4 March 1999
(99-0835)
Council for Trade in Services Original:  English
NOTIFICATION PURSUANT TO ARTICLE III.3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES
The following notification has been received from the delegation of Poland.
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1. Member notifying:
Poland
2. Notification under:
Article III, paragraph 3, of the General Agreement on Trade in Services.
3. Date of entry into force:
15 September 1997
Duration
Indefinite
4. Agency responsible for implementation  and enforcement of the measures:
Ministry of Justice
5. Description of the measures:
Measure
(i) mode of supply covered by the measure:  (3) commercial presence, (4) presence of
natural persons;
(ii) effect on trade in services:  liberalization measure;(iii) impact of the measure on commitments in the Member's schedule:
Act of 22 May 1997 on the amendment of the act - Law on the Bar, Act on Legal
counsellors and some other acts, abolishes the nationality requirement for attorneys at
law and legal counsellors.
According to that Act district attorney s' council may waiver the requirement to
undergo attorney's apprenticeship in respect of a citizen of the European UnionS/C/N/97
Page 2
member state if such person has graduated from a university  law faculty recognized
in Poland to be equivalent, is fluent in the Polish language in speaking and writing,
has been entered into the list of attorneys in the European Union member state and
has practised the profession of an attorney at law.
According to the Act of 22 May 1997 the Nati onal Council of Legal Counsellors may
waiver, on the condition of reciprocity, the requirement to undergo legal counsellor's
apprenticeship in respect of a citizen of the European Union member state if such
person has graduated from a university law faculty recognized in Poland to be
equivalent and is fluent in the Polish language in speaking and writing, has been
entered into the list of attorneys at law in the European Union member state and has
practised the profession of an attorney at law or a legal counsellor.
Companies with foreign participation may be formed pursuant to the Act of 14 June
1991 on companies with foreign participation (Journal of Laws - Dz. U. of 1997,
No. 26, item 143) in order to provide legal assistance in the territory of the Republic
of Poland, provided they meet the following conditions:
(i) all foreign partners (shareholders) have the right, obtained abroad, to practice
independently the profession of an attorney at law or a legal counsellor, or
they form companies with the exclusive participation of such persons, and all
the Polish partners are legal counsellors or attorney at law,
(ii) foreign partners (shareholders) prove reciprocity on the part of the countries
in which they have the right to practice independently the profession of an
attorney at law or a legal counsellor, and in case of companies referred to in
paragraph 1 above, on the part of the countries of their seat.
Attorneys at law and legal counsellors may provide legal assistance within the
framework of the companies referred to in paragraph 1 above if they are partners or
shareholders.
6. Members specifically affected, if any:
Non-EU members.
7. The texts are available from:
Dziennik Ustaw nr 75/1997 pozycja 471 z dnia 14 lipca 1997 (Polish Official Journal
no. 75/1997 item 471 of 14 July 1997).
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