ESBU and Poland Combine Data: Cross-Border Business Becomes More Transparent

On August 28, the Economic Security Bureau of Ukraine (ESBU) reported an increase in practical cooperation with law enforcement, tax, and customs authorities of Poland. And for Ukrainian businesses working with Poland, this is an important signal.

During meetings in Warsaw, representatives of the ESBU, the Central Bureau of Investigation of the Polish Police, the National Revenue Administration, and the Customs and Tax Service discussed operational exchange of information, customs data, and export declaration data. The creation of joint investigation teams and coordination of actions in cases involving cross-border schemes are also being considered. A separate focus is the use of analytical systems to detect high-risk transactions.

What does this mean in practice? While previously a Ukrainian company might have viewed an operation in Poland and an operation in Ukraine as two separate information loops, this boundary is gradually blurring.

Ukrainian and Polish authorities can now cross-check: – export declaration data; – customs information; – actual movement of goods; – declared value of goods; – information about transaction participants.

Companies engaged in import, export, transit, trade in excisable goods, or those having related entity structures in Ukraine and Poland should be particularly careful. The ESBU explicitly reports that countering the illegal movement of excisable goods — primarily tobacco products and fuel — was one of the key topics of negotiation.

However, the broader trend is what matters most for business. A cross-border transaction will increasingly be analyzed not separately by Ukrainian or Polish authorities, but as a single end-to-end chain.

Therefore, before entering into major foreign economic transactions, it is worth auditing more than just the contract. It is necessary to review the entire chain — deal structure, customs value, documents of origin, payments, logistics, and the consistency of information filed across different jurisdictions. Because explaining a cross-border transaction is much easier before the authorities of both countries become simultaneously interested in it.

WINNER Law Company provides legal support for foreign economic transactions, international business structures, customs and tax disputes, and defense in criminal proceedings related to economic crimes.

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You can apply for legal services right now so you won’t have to seek attorney representation later. Author: Ihor Yasko, Managing Partner at “WINNER” Law Company Law Firm, PhD in Law.