Poland votes to allow crypto, bank account freezes without court orders

Poland's lower house of parliament has approved a bill allowing the government to freeze bank accounts, cryptocurrency holdings and other property through administrative decisions without first obtaining a court order.

Summary

• Poland's lower house approved the sanctions bill with 240 votes supporting and 202 opposing it.
• The proposed law would allow administrative freezes on crypto holdings, bank accounts and other property.
• Affected individuals could appeal sanctions decisions, but challenges would not automatically suspend imposed asset freezes.
• Opposition lawmakers and legal groups have raised concerns about property rights and freedom of expression.
• The legislation still requires Senate consideration and presidential approval before becoming law in Poland.

The Sejm passed the legislation on Nov. 6 by 240 votes to 202, with one lawmaker abstaining. The government-backed bill, known as the Act on Restrictive Measures, would establish a national sanctions list covering individuals and organizations considered threats to Poland's security, including those involved in certain forms of foreign interference.

Under the proposal, the interior minister could place individuals or companies on the list and order restrictions on their assets. Affected parties could challenge the decision before an administrative court, but filing an appeal would not automatically suspend the restrictions.

The legislation has now moved to the Senate and would still require the signature of President Karol Nawrocki before becoming law.

Poland's asset freeze bill covers cryptocurrency holdings

The proposed legislation gives Poland's interior minister responsibility for maintaining a national sanctions list, with the authority to impose financial restrictions on individuals and businesses meeting the specified criteria.

According to the legislative record, the measures include freezing financial assets, restricting access to economic resources, excluding listed entities from public procurement and imposing entry restrictions where applicable.

Cryptocurrency holdings fall within the financial assets covered by the proposed sanctions framework. During the Nov. 6 proceedings, lawmakers approved amendments clarifying the treatment of crypto assets, financial instruments and other forms of property subject to restrictions.

Banks and cryptocurrency exchanges holding assets for sanctioned customers would have to comply with applicable freezing orders. For customers using self-custodied wallets, enforcement would depend on the ability of authorities to identify assets and restrict dealings involving sanctioned individuals.

A government order would not, by itself, give officials control of the private keys used to move cryptocurrencies from a personal wallet. However, regulated service providers could face restrictions on processing transactions or making funds available to a person included on the sanctions list.

The proposal does not establish a general freeze on cryptocurrency holdings in Poland. Its financial restrictions would apply to individuals and organizations designated under the national sanctions system.

Government targets foreign interference and security threats

The bill covers activities connected to sanctions violations and threats to national security, including certain forms of interference and information manipulation associated with foreign states.

Under the proposed rules, the government could sanction individuals accused of initiating, financing or supporting coordinated information operations that threaten Poland's security or public order.

The legislation forms part of Poland's efforts to update its sanctions framework and implement provisions of European Union Directive 2024/1226, which addresses criminal offenses and penalties for violations of EU restrictive measures.

However, the national sanctions list is a separate domestic mechanism. It would allow Polish authorities to designate additional individuals and organizations under national legislation.

Existing EU sanctions rules already cover cryptocurrencies, including asset freezes involving designated individuals and restrictions on providing them with financial resources.

The new Polish proposal would operate alongside those existing requirements. It is separate from the EU's Markets in Crypto-Assets Regulation, or MiCA, which primarily governs cryptocurrency service providers, licensing and related market activities.

Opposition warns of risks to property and free speech

The legislation has drawn criticism from opposition lawmakers and legal organizations concerned about the government's authority to impose restrictions without prior judicial approval.

In an October analysis, Polish legal organization Ordo Iuris argued that the national sanctions list goes beyond what EU law requires and could threaten constitutional protections for property and freedom of expression.

The organization questioned provisions allowing sanctions based on the probability that financial resources could support designated entities, as well as personal connections to individuals already subject to restrictions.

Poland's National Broadcasting Council raised separate concerns in September about provisions involving information manipulation, warning that unclear definitions could affect media organizations and public expression.

Opposition lawmaker Roman Fritz condemned the legislation following the parliamentary vote.

"SHAME IN THE SEJM! THEY PASSED THE TOTALITARIAN LAW! COMMUNISM IS BACK IN FULL!" Fritz said, according to a post circulated by Slavic Networks. 🚨🇵🇱 BREAKING NEWS!!! --- POLISH MP ROMAN FRITZ (CONFEDERATION OF THE POLISH CROWN): "COMMUNISM IS BACK IN FULL!" --- POLAND'S PARLIAMENT PASSES LAW THAT COULD LET THE GOVERNMENT FREEZE YOUR BANK ACCOUNT WITHOUT FIRST GOING TO COURT!

Poland's bill heads to Senate after previous crypto vetoes

President Nawrocki will have the opportunity to review the legislation after the Senate completes its consideration.

His position has attracted attention following repeated disagreements with Prime Minister Donald Tusk's government over cryptocurrency regulation.

In September, the Sejm failed to overturn Nawrocki's third veto of a separate crypto regulation bill, as crypto.news previously reported. Lawmakers voted 241 to 198 in favor of overriding that veto, falling short of the required three-fifths majority.

The rejected legislation concerned Poland's domestic implementation of MiCA and would have placed cryptocurrency businesses under the supervision of the Polish Financial Supervision Authority.

Nawrocki argued that the proposed framework placed excessive requirements on legitimate cryptocurrency companies. His objections included regulatory costs and enforcement powers that he considered too restrictive.

The current sanctions bill addresses different activities and has not yet received a presidential decision. The Senate can propose amendments before the legislation returns to the lower house for consideration and eventually reaches the president.