WMSSE S.A.

Procedure for obtaining a Licence to conduct business activity in the area of the Warmia-Mazury Special Economic Zone – while selecting a location covered by the W-M SEZ area.

(Diagram of the procedure)

1.  Establishing direct communication.

This is usually the first contact of the investor with the Zone. At this moment, an interested entrepreneur is presented with the offer of the Zone (exemptions, plots, additional incentives). At the same time, the investor presents his plans and needs (branch of industry, amount of planned expenditures, planned employment, area of land needed for the realization of the enterprise, location preferences and requirements concerning technical media). 

2.  A presentation, by the Zone, of a proposal for a location.

Based on the information obtained from the entrepreneur, the Zone presents proposals for locating a planned undertaking.

3.  The investor’s declaration in the form of a Letter of Intent.

This is an official presentation of investment plans of the entrepreneur and, at the same time, an expression of will to enter into advanced talks and procedures aiming at granting a licence to the investor.

 A Letter of Intent should contain the following data:

• the branch of industry and basic products that are to be manufactured in the W-M SEZ area,
• the amount of planned capital investments, 
• the planned dates of starting and completing the investment and launching business activity,
• the planned number of new jobs created,
• the area of land necessary for this business undertaking,
• ilościowe the quality and quantity requirements concerning technical media (in the form of an appendix to the Letter of Intent),
• any possible threats to environment resulting from the undertaking.

Template of the Letter of Intent

Template of an appendix to the Letter of Intent 

4.  Acceptance of a proposed location and concluding introductory agreements.

After receiving a Letter of Intent, the Zone invites the entrepreneur for a meeting, at which the investor accepts a proposed location and dates for further proceedings are agreed upon.

5.  Publishing an invitation to negotiations or a joint tender in the press.

After the investor submits a Letter of Intent and the first agreements are reached, the Zone publishes, in the national press, an Invitation to a Joint Tender or an Invitation to Negotiations. An Invitation to a Joint Tender is published when the entrepreneur applies for obtaining a Licence and for purchasing a property. An Invitation to Negotiations is published when the entrepreneur applies only for a Licence.

The invitation contains, among others, the following information:

• name and the registered office of the Body Managing the Zone and the name of the Zone,
• the description of the method for obtaining terms of tender or terms of negotiations and their price,
•  place and the deadline for submitting offers, which cannot be shorter than 21 days starting from the day the announcement is published,
• the date of opening the offers,
• in case of a joint tender, the Invitation also includes information concerning the real estate property which is to be used to undertake business activity in the area of the zone, a reserve price of this property and the amount of deposit.

6.  Purchasing Terms of Negotiations or Terms of Tender. 

A purchase of Terms of Negotiations or Terms of Tender is the condition to join the tender or negotiations. 

Terms of Negotiations or Terms of Tender include:

• a description of the real estate property, ,
• the terms and conditions for making the real estate property available,
• the evaluation criteria for business undertakings,
• the rules and regulations of the Zone,
• the manner of preparing the offer,
• the date when the offer becomes binding,
• the date and place of submitting and opening offers.

In case of a joint tender, Terms of Tender also include:

• a reserve price for the real estate property,
• date, form and the amount of paying deposit,
• important provisions of future sale agreement for the real estate property.

7.  Paying the deposit specified in the Terms.

8.  Submitting an offer, consistent with purchased Terms, by the investor.

An offer that is submitted must be prepared in Polish, and it should contain:

• completed documents that are attached as appendices to the Terms,
• current articles of association of the company that is going to operate in the Zone, together with the excerpt from the National Court Register (KRS) or the entry to the business activity register,
• description of a planned business undertaking,
• terms for realizing the undertaking - business plan,
• in case of a joint tender - the price offered for purchasing the real estate property and a copy of a receipt of paid deposit,
• the tenderer’s signature.

9.  Work of the Commission for Tender or Negotiations, acceptance of the offer by the Commission.

On the date specified in the Terms, the Commission for Tender or Negotiations opens, evaluates and qualifies offers submitted.

Criteria of evaluation include:

• conformity of the undertaking with the developmental objectives of the Zone,
• competitiveness in relation to other enterprises operating in the area of the Zone and in its vicinity,
• value and terms of realizing the undertaking, amount of expenditures and planned employment,
• participation in business associations, including cooperative ones, with enterprises operating in the area of the Zone and in its vicinity,
• participation in creating and modernizing the economic infrastructure of the Zone,
• technological innovations applied,
• environmental impact of applied technology,
• in case of a joint tender – price and terms for purchasing the real estate property,
• terms of cooperation with governmental bodies of the town, municipality and district, declared by the tenderer.

Offers which in the opinion of the Commission receive a required amount of points are qualified for further proceedings. Subsequently, the president of the Commission establishes the date of meeting with tenderers whose offers have been qualified, in order to carry out negotiations.

10. Negotiations.

After opening, evaluating and qualifying the offers, Commission for Tender or Negotiations carries out negotiations with entrepreneurs whose offers have been qualified for further proceedings.

Negotiations can concern:

• final location, size and price for the real estate property,
• dates and terms of payment,
• participation of the tenderer in creating and modernizing the economic infrastructure of the Zone,
• undertakings planned by the tenderer, aiming at the protection of the natural environment,
• obligations concerning the amount of investment expenditures, number of new jobs, produced goods,
• details of the offer,
• terms of the licence to conduct business activity in the Zone.

Negotiations end with signing a Report of Agreements or a Report of Divergences.

11. Issuing a Licence by the Management Board of W - MSSE S.A.

The results of negotiations are subject to approval by the Management Board of W-M SSE S.A.

A Licence is issued by the Management Board of W-M SSE S.A. immediately after approving the Report of Agreements. The Licence is valid to the end of the period for which W-M SEZ was established, i.e. 31 December 2020.

The whole procedure, starting from the day of publishing the Invitation in the press, usually does not last longer than two months.