Certified translation from Polish. July Chapter 1. General Regulations

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1 Certified translation from Polish Act on the National Archival Resource and State Archives of July Compiled on the basis of: u.t. Journal of Laws of 2006, No. 97 item 673, No. 104 item 708, No. 170 item No. 220 item 1600, of 2007 No. 64 item 426, of 2008, No. 227, item 1505, of 2009, No. 39, item 307, No. 166, item Chapter 1 General Regulations Art. 1. Archival materials comprising the national archive resource, hereinafter called the archival materials, are any and all files and documents, correspondence, financial, technical and statistical documentation, maps and plans, photographs, films and microfilms, sound and picturephone recordings, electronic documents as defined by the Act on the Computerization of Operation of Bodies Performing Public Work of 17 February 2005 (JoL No. 64 item 565 and JoL 2006 No. 12 item 65 and No. 73 item 501). It also includes any and all other documentation, regardless of its method of compilation, which bears significance as a source of information of historical value on the actions of the Polish State, its individual bodies and other state administrative units and its relationships with other states, the development of social and economic life, the activities of political, social, economic, trade and religious organizations, the organization and development of science, culture and art, as well as the activities of local regional governments and other local administrative units which has already been created and which is being created at present. Art The national archival resource serves science, culture, the national economy and the needs of the citizens. 2. The national archival resource, depending on the ownership of the archives, is divided into: 1) The state archives; 2) The non-state archives.

2 Art. 3. Records belonging to the state archives are being stored perpetually. Art The supervision of the state archives is the responsibility of the minister responsible for culture and protection of national heritage via the General Director of State Archives. 2. The tasks outlined in art. 51b, art 51f par. 2, art 51g par. 1, 2, 4 and 5, art. 51h and art. 51j par. 1 and 2 are governmental administrative tasks. Chapter 2 Handling of archives Art The documentation created by state bodies and state administrative units, by local government bodies and local government administrative units as well as that being received by them is stored by those bodies and units through a period defined by the authorization in par. 2, and after this period: 1) Archival materials are submitted to proper state archives; 2) Documentation other than that defined by point 1 above may be destroyed. 2. The minister responsible for culture and the protection of national heritage defines, on request of the General Director of State Archives, by way of regulation, the rules of classification and qualification of documentation in view of its storage time and the rules and means governing the transfer of archival materials to state archives, as well as the rules and means of destroying other documentation. 2a. The minister responsible for computerization, after consultation with the General Director of State Archives, will define, by way of regulation, the necessary elements of the structure of electronic files created and stored by subjects defined in par. 1, taking into consideration the minimum requirements for public registries and exchange of information stored in the electronic form, as well as the need to ensure the integrity of electronic files. 2b. The minister responsible for computerization, after consultation with the General Director of State Archives, will define, by way of regulation, the detailed procedure for electronic files for subjects defined in par. 1, in particular the rules governing the recording, classification and qualification of electronic files, as well as the rules and procedure governing their destruction, the need to ensure the integrity of electronic files and their long-term storage. 2c. The minister responsible for computerization, after consultation with the minister responsible for culture and the protection of national heritage will define, on request of the General

3 Director of State Archives, by way of regulation, technical requirements to be met by the recording formats and electronic storage media transferred to the state archives of electronically stored records, as defined by the Computerization of Operation of Bodies Performing Public Work Act of 17 February Matters mentioned in par. 1, 2 and 2c are regulated by way of regulation, in relation to: 1) the President of the Republic of Poland by the Head of the Chancellery of the President; 2) the Sejm of the Republic of Poland by the Head of the Chancellery of the Sejm; 3) the Senat of the Republic of Poland - by the Head of the Chancellery of the Senat; 4) the Council of Ministers - by the Head of the Chancellery of the Prime Minister; 4a) the National Security Office by the Head of the National Security Office; 5) Bodies and administrative units supervised by the Minister of National Defense, minister responsible for internal affairs, minister responsible for foreign affairs, and also in relation to treasury intelligence units in administrative units supervised by the minister responsible for public finances and - in relation to an organizational unit preventing money laundering and financing of terrorism in the office providing services to the minister competent in matters relating to financial institutions by the ministers supervising the aforementioned bodies and administrative units; 6) the Internal Security Agency by the Prime Minister on request of the Head of the Internal Security Agency; 6a) the Intelligence Agency - by the Prime Minister on request of the Head of the Intelligence Agency; 6b) the Central Anti-corruption Bureau - by the Prime Minister on request of the Head of the Central Anti-corruption Bureau; 7) the Institute of National Remembrance Chief Commission for the Prosecution of Crimes against the Polish Nation by the Head of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation respectively. 4. The Prime Minister shall define, by way of regulation, for the organizational units pursuing tasks in the fields of national defense and security, created in offices serving state bodies and administrative units other than those defined in par. 3, and in offices serving the local government bodies and other local government administrative units: 1) the method of classification and qualification of documentation on the basis of their term of storage, 2) method of: a) transferring archival materials to the Central Military Archive, b) destroying documentation not classified as archival materials,

4 3) technical requirements to be met by the recording formats and electronic storage media as defined by the Computerization of Operation of Bodies Performing Public Work Act of 17 February taking into consideration the special nature of these records and the need to protect them against unauthorized publication. 5. Orders pertaining to the definition of the method of classification of documentation on the basis of its term of storage at the Internal Security Agency and the Intelligence Agency constitute a state secret. Art State bodies and state administrative units, local government bodies and local government administrative units are obliged to ensure the proper recording, storage and protection against damage, destruction or loss of: 1) the documentation being created by them in a manner reflecting the examining and handling of cases; 2) the documentation sent and submitted in a manner defined in par For bodies and administrative units which create archival materials later included in the national archive resource, the instruction defining the rules and process of handling documentation defined in par. 1 must be affirmed by the General Director of State Archives. 3. The regulation of par. 2 does not apply to bodies which have separate archives. Art. 7. Records which are a part of the state archives cannot be sold; neither can they be transferred to administrative units other than those defined in art. 22, with the exception of cases listed by this act. Art. 8. Materials which are a part of the recorded non-state archive resource cannot be sold; transfer of ownership title of these materials to the State is defined by Art. 44. Art Materials which are part of the non-recorded, non-state archive resource can be sold. In case of their being sold under a sale-purchase agreement, the state archives and separate state archives have the right of pre-emption to purchase these materials, depending on the type of archive to be sold. Civil Code regulations apply to the right of pre-emption to purchase these materials.

5 2. The right of pre-emption mentioned in par. 1 does not apply if the materials which are a part of the non-recorded, non-state archive resource are offered for sale to administrative units mentioned in art. 22 par. 2 and if the above-mentioned materials supplement the current historical archives in possession of these units. Art. 10. (repealed). Art. 11. The units of the state archives network may take in for storage any records owned by or under other titles remaining in the possession of non-governmental organizations or natural persons. Art. 12. State bodies and state administrative units, local government bodies and local government administrative units, political parties, political, cooperative and other community organizations, as well as other non-governmental organizations, churches, and religious associations, which create or store records, are obliged to provide appropriate conditions for their storage, protect them against damage, destruction or loss and provide the necessary preservation measures. Art. 12a. The director of the relevant state archive may issue an order to secure the records comprising the national archive resource by relocating them to this archive for storage until the danger posed to those materials passes, if there is a justified threat that these records are likely to be destroyed, damaged or lost, in particular as a result of their being moved abroad without the permission defined in art. 14. Art. 13. Matters defined by art.5 par. 1, art. 6 par. 1 and art. 12 in relation to political parties, political, cooperative and other community organizations, as well as other non-governmental organizations, churches, and religious associations, are regulated on their own by the aforementioned political parties, organizations and administrative units, as well as churches, and religious associations. Art Relocation abroad of records belonging to the national archive resource is forbidden. 2. The General Director of State Archives may issue a temporary permit to relocate records abroad, if such a relocation is justified by a vital individual or public interest. 3. Relocation abroad of records not belonging to the national archive resource as defined by this act is allowed, provided that the character of the records is confirmed by the General Director of State Archives.

6 4. Regulations 1-3 do not apply to records brought into Poland with a proviso they must be returned. Art. 14a. The return of archive materials found in the Republic of Poland and unlawfully transferred from a Member State of the European Union, whose time of creation dates back: 1) more than 50 years, 2) 50 years or less, if the said materials comprise state archives - is regulated by chapter 6 of the Protection and Care for Historical Monuments Act of 23 July 2003 (JoL. No. 162, item 1568, JoL No. 96, item 959, No. 238, item 2390 and JoL No. 50, item 362), provided that with the body competent in matters relating to the return of the archives is the General Director of State Archives. Art. 14b. Art. 14a does not prevent the Republic of Poland from seeking the return of archival materials unlawfully moved from its territory on the basis of law or international custom. Chapter 3 National archive resource Art The national archive resource is comprised of archival materials produced or being produced as a result of the activities of: 1) state bodies and other administrative units; 1a) local government bodies and other local administrative units; 2) foreign authorities, foreign state administration and other foreign administrative bodies, administrative units and organizations, religious associations, as well as occupying military forces if these materials are found within the territory of the Republic of Poland. 2. The national archive resource is also comprised of materials produced as a result of the activities taken by: 1) political parties and other political, social, trade and economic organizations, 2) churches and religious associations, 3) other non-state organizations and organizational units, 4) political, social and economic activists, creators in the fields of science and technology, culture and art, as well as other persons who have contributed to the development

7 of the Polish State, development of political, cultural and economic life, and to the development of science, technology, culture and art, 5) families and dynasties who have had influence on state matters, political, social and economic relations, as well as those pertaining to their estates, enterprises and other economic activity, if these materials have become the ownership of the State by way of purchase, gift or otherwise. 3. Archival materials listed in par. 1 and 2 found outside of the territory of the State in the possession of foreign authorities or organizations are considered a part of the national archive resource, if on the basis of law or international custom they should be returned to the Republic of Poland. Art Archival materials are made available to administrative units and the citizens for the purposes of science, culture, technology and economy. Archival materials are made available for the above purposes free of charge. 2. (repealed). 2a) The state archives provide services including searching, conducting inquiries, copying, processing and transferring of data with the use of tele-informatics systems or IT data carriers, as well as conservation of archive materials for the purposes mentioned in par. 1. The state archives may also provide services in the area of storing, copying and conservation of temporary storage documentation, including personal files and payrolls of employers. 2b) (repealed). 2c) (repealed). 2d) (repealed). 2e) (repealed). 3. (repealed). 4. (repealed). Art Archival materials are made available after a period of 30 years reckoned from the date of their creation. 1a) Regardless of the age of the materials, access may be denied by a decision, if: 1) the physical condition of the materials precludes access to them; 2) access would result in the infringement of: a) any lawfully protected interests of the State, administrative units and citizens, b) secrets protected by the law.

8 2. The minister responsible for culture and the protection of national heritage may, by way of regulation, define special cases and procedure of an earlier access to archive materials, taking into consideration the requirements mentioned in par. 1 p. 1a and The council of ministers shall define, by way of regulation, the method and procedure of accessing archive materials found in the separate archives, excluding the separate archive of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation, including: 1) the method of handling archival materials containing secrets protected by the law, in particular state or professional secrets or personal data protected by the law, 2) the extent to which the documentation on natural persons can be made available to those persons for their own purposes, 3) special cases of allowing an earlier access to archive materials, 4) the charge for access to materials, should the archive bear additional costs in this respect, 5) the charge for preparing a copy of archive materials, - taking into account the specific nature of the documentation and the need to protect it against unauthorized publication as well as the costs associated with making the materials available. 4. The minister responsible for culture and the protection of national heritage, after consultation with the National Broadcasting Council, shall define by way of regulation the detailed rules and procedure of gathering, recording, qualification and classification of archive materials belonging to the state radio and television, taking into consideration: 1) the special scope and method of operation of the radio and television; 2) the need to protect the materials particularly against damage or destruction. Art The central authority of the government administration for the national archive depository is the General Director of State Archives. 2. The General Director of State Archives is a person appointed by the Prime Minister on request of the minister responsible for culture and the protection of national heritage and chosen from amongst persons selected in the course of an open contest. 3. The Prime Minister appoints the General Director of State Archives. 4. The Deputy Directors of State Archives are appointed by the minister responsible for culture and the protection of national heritage from amongst persons selected in the course of an open contest, on request of the General Director of State Archives. The deputies are dismissed from their posts by the minister responsible for culture and the protection of national heritage on request of the General Director of State Archives.

9 5. The General Director of State Archives is supervised by the minister responsible for culture and the protection of national heritage. Art. 18a. 1. The General Director of State Archives may be a person who: 1) is a Polish citizen; 2) enjoys all civic rights; 3) has not been sentenced by a final judgement for a wilful crime or wilful fiscal crime; 4) has managerial competences. 2. The person referred to in par. 1 above should have, in addition: 1) the title of a Master of Arts/Master of Sciences and should be employed for least 5 years at managerial positions at the Head Office of the State Archives or at state archives offices, or 2) the title of habilitation Ph.D. in the area of archival sciences, or 3) a scientific title in the area of archival sciences. Art. 18b. 1. Information concerning the procedure of selecting candidates for the position of the General Director of State Archives is published by way of announcement's being made at a place that is accessible by the public, at the seat of an office serving the General Director of State Archives and in a Public Information Bulletin and Bulletin of Public Information of the Prime Minister's Chancellery. The announcement should contain the following information: 1) name and address of the office; 2) designation of the position; 3) requirements connected with the position according to the provisions of law in force; 4) tasks assigned to the position; 5) specification of the required documents; 6) time and place where the documents should be submitted; 7) information on the selection methods and techniques. 2. The time referred to in par. 1 point 6 may not be shorter than 10 days reckoned from the date on which publication is made in the Bulletin of Public Information of the Prime Minister's Chancellery. Art. 18c. 1. The selection of candidates for the position of the General Director of State Archives is organized by a team appointed by the minister responsible for culture and the protection of

10 national heritage consisting of at least 3 persons whose knowledge and expertise ensure selection of the best candidates. 2. During the selection procedure the candidates' professional experience and knowledge necessary to carry out tasks assigned to the position in relation to which the selection procedure is carried out and their managerial competences are evaluated. 3. The knowledge and managerial competences referred to in par. 2 above may be evaluated at the request of the team by persons not belonging to the selection team who have the relevant qualifications to carry out such evaluation. 4. The team member or person referred to in par. 3 must keep secret all information concerning persons applying for the position referred to above, which is collected during the selection procedure. 5. During the selection procedure the team selects not more than 3 candidates whom it presents to the minister responsible for culture and the protection of national heritage. Art. 18d. 1. The team drafts the protocol of the selection procedure containing the following information: 1) the name and address of the office; 2) the position in connection with which the selection procedure has been carried out and the number of candidates; 3) the first names, surnames and addresses of not more than 3 best candidates according to the criterion of their meeting the requirements specified in the announcement of the selection procedure; 4) information on the applied selection methods and techniques; 5) the justification of the selection made or reasons for which no candidates have been selected; 6) the composition of the team. 2. The selection results are announced immediately by publishing information in the Public Information Bulletin and Bulletin of Public Information of the Prime Minister's Chancellery. 3. Information on the selection results contains the following: 1) name and address of the office; 2) the position in connection with which the selection procedure has been carried out; 3) first names and surnames of the selected candidates and their places of residence in the meaning of the Civil Code regulations or information that no candidates have been selected.

11 4. Information concerning the selection of candidates and the results of the selection procedure are published in the Bulletin of Public Information of the Prime Minister's Chancellery free of charge. Art. 18e. 1. The team carrying out the selection procedure for the positions referred to in Art. 18 par. 4 is appointed by the General Director of State Archives. 2. The procedure of selecting candidates for the positions referred to in Art. 18 par. 4 is governed by, respectively, the provisions of Art. 18a-18d. Art The authorities responsible for the separate archives as defined by this act are: 1) the minister of national defense, minister responsible for internal affairs, minister responsible for foreign affairs, minister responsible for public finances and minister responsible for financial institutions; 2) the Heads of the Internal Security Agency and the Intelligence Agency; 3) the Head of the Central Anti-corruption Bureau; 4) the heads of chancelleries of: the Sejm, the Senat, the President of the Republic of Poland and the Prime Minister; 5) the Head of the National Security Office. 2. The authority responsible for the separate archive of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation as defined by this act is the Head of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation. 3. The Minister of National Defense is the authority responsible for the control of separate archives mentioned in Art. 29 par. 1 pt. 6 lt. d, with the exception of separate archives of the Chancellery of the Prime Minister, Internal Security Agency, Intelligence Agency and the Central Anti-corruption Bureau. The Minister of National Defense may authorize the Head of the Central Military Archive to perform the control functions. Art The General Director of State Archives has the Archival Council as his advisory body. 2. The minister responsible for culture and national heritage appoints members of the Archival Council on request of the General Director of State Archives submitted in agreement with the Polish Archivists Association. 3. The term of office of the Archival Council is three years.

12 Art The scope of activities of the General Director of State Archives includes: 1) coordination of archival activity within the State; 2) (repealed); 3) issuing approvals for the temporary export of individual archival materials; 4) supervision over the collection, destroying, recording, storing, compilation, providing access and securing of archival materials; 5) supervision of the scientific and publishing activities within the state archives; 6) maintaining international cooperation in archival matters; 7) (repealed); 8) maintaining records of entities keeping personal and payroll files. 1a. The General Director of State Archives may issue orders in relation to the archives he supervises in relation maters mentioned in par. 1 pt. 1 and The General Director of State Archives is authorized to perform inspections within the units of the state archives network in performance of this act. 3. The minister responsible for culture and the protection of national heritage shall, by way of regulation, define the detailed scope of activity of the General Director of State Archives. 4. Regulations 1-3 do not apply to separate archives. Art Archival activity within the national archival resources conducted by the state archival network comprised of: 1) state archives; 2) separate archives; 3) divisional archives of state bodies and other state administrative units; 3a) divisional archives of local government bodies and other local government administrative units; 4) (repealed). 2. Archival activity within the national archival resources is also conducted by: 1) administrative units holding entrusted archival resources; 2) libraries and museums, which store archival resources belonging to the national archival resource and collecting materials defined in art. 15 par. 2 which comprise the national archival resource: a) whose organizer is: - a minister or head of a central administrative body,

13 - a unit of local government, - a state administrative unit, b) operating within state and local government administrative units. Art. 23. Archival activity includes the collection, recording, storing, compilation, securing and providing access, as well as performing informative actions. Art State archives are created and closed by the minister responsible for culture and the protection of national heritage by way of regulation, on request of the General Director of State Archives. 2. State archives are subordinate to the General Director of State Archives. 3. State archives are managed by directors appointed by the General Director of State Archives. 4. The General Director of State Archives may assemble a program and scientific council by any of the state archives, which would serve as an advisory body. Should such a council be assembled, then the director of the state archive appoints its members. Art Central state archives can operate across the entire territory of the State. 2. The resource of archives defined in par. 1 is comprised of archival materials produced as a result of actions taken by the head and central state bodies and governmental administration, other national administrative units, and archival materials collected by those archives in the past (historical records). Art State archives which do not have the status of central archives operate across the territory of one or more voivodships. 2. The resource of archives defined in par. 1 is comprised of archival materials produced in the archives' area of operation, as well as their historical records, with the exception of materials included in the resource of central archives. Art The General Director of State Archives may, in justified cases and in view of the needs of national science, culture and state economy, as well as in order to secure archival resources, after consultation with the Archival Council allow for departures from the rules of archives placement defined in art. 25 and 26.

14 2. The regulation in par. 1 does not apply to the resources of separate archives. Art. 28. The scope of activity of state archives includes in particular: 1) forming the state archive repository; 2) (repealed); 3) recording, storing, compilation, securing and providing access to archival materials belonging to their archival resources; 4) control of handling of archival materials belonging to the national archival repository found in institutional archives, file repositories and administrative units with entrusted archival resources; 5) issuing certified copies, extracts, abstracts and copies of stored materials and all certificates on the basis thereof; 6) conducting scholarly research and publishing in archival science and associated fields; 7) popularization of the knowledge of archives and archival materials and conducting informational activities; 8) executing tasks defied by this act or separate regulations. Art Separate archives are: 1) the archive of the Sejm of the Republic of Poland; 2) the archive of the Senat of the Republic of Poland; 3) the archive of the President of the Republic of Poland; 4) the archive of the Council of Ministers; 5) the archive of the Office of National Security; 6) archives: a) of the office serving the Minister of National Defense and authorities and organizational units subordinated and supervised by this minister national defense governmental division; b) offices serving the minister responsible for internal affairs and the minister responsible for foreign affairs and organizational units subordinated and supervised by these ministers internal and foreign affairs governmental division; c) organizational units performing treasury intelligence duties within organizational units subordinated and supervised by the minister responsible for public finances within the scope of these activities; d) organizational units conducting tasks of national defense and security, created in government serving offices and organizational units, as well as offices

15 serving local government authorities and other local government administrative units other than those defined under letters a and b within the scope of these activities; 7) the archive of the National Security Agency and Intelligence Agency; 8) the archive of the Central Anti-corruption Bureau; 9) the archive of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation. 2. Separate archives area of operation includes the entire territory of the Polish State or its part. 3. The Minister of National Defense, minister responsible for internal affairs, minister responsible for foreign affairs, minister responsible for financial institutions, minister responsible for public finances, Head of the Chancellery of the Prime Minister, Head of the National Security Agency, Head of the Intelligence Agency and the Head of the Central Anticorruption Bureau shall, after consultation with the minister responsible for culture and the protection of national heritage, by way of regulations, define the organization of separate archives subordinated to them, taking into consideration, in particular, their scope of activity. 4. The Head of the Chancellery of the Sejm, Head of the Chancellery of the Senat, Head of the Chancellery of the President of the Republic of Poland, Head of the Office of National Security, Head of the Central Anti-corruption Bureau and the Chairman of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation shall, after consultation with the minister responsible for culture and the protection of national heritage, by way of regulations, define the organization of separate archives subordinate to them, taking into consideration, in particular, their scope of activity. 5. Matters not governed by regulations issued on the basis of par. 3 and 4 are governed, mutatis mutandis, by regulations concerning state archives. 6. Heads of organizational units which have their separate archives mentioned in par. 1 pt.6 lt. d, with the exception of separate archives in the Chancellery of the Prime Minister, Internal Security Agency, Intelligence Agency and the Central Anti-corruption Bureau, shall, by way of regulation, define and create their organization after consultation with the Minister of National Defense. Art The archival resources of: the Sejm of the Republic of Poland, the Senat of the Republic of Poland and the President of the Republic of Poland are comprised of archival materials produced and being produced within the framework of activity of the above-mentioned authorities, as well as their historical records. 2. The archival resources of the Council of Ministers are comprised of archival materials of the Prime Minister, the Council of Ministers and the Chancellery of the Prime Minister produced

16 and being produced within the framework of activity of the above-mentioned authorities, as well as their historical records. Art The archival resource of separate archives mentioned in art. 29 par. 1 pts. 5-8 is comprised of archival materials produced and being produced by the activity of: 1) (repealed) 2) bodies and organizational units subordinate and supervised by the Minister of National Defense, minister responsible for internal affairs, minister responsible for foreign affairs, Head of the National Security Agency, Head of the Intelligence Agency, Head of the Central Anti-corruption Bureau and Head of the National Security Office; 3) offices serving the Minister of National Defense, minister responsible for internal affairs and minister responsible for foreign affairs; 4) organizational units performing treasury intelligence duties in organizational units subordinated and supervised by the minister responsible for public finances; 5) organizational units conducting tasks of national defense and security, created in government serving offices and organizational units, as well as offices serving local government authorities and other local government administrative units other than those defined under art. 29 par. 1 pt. 6 lt. a and b within the scope of these activities. 6) an organizational unit carrying out tasks aimed at combating money laundering practices or financing of terrorism at an office serving a minister responsible for financial institutions. 2. The archival resource of the separate archive subordinated to the minister responsible for external affairs also includes documents sent and submitted by foreign subjects of international law. 3. The archival resource of the separate archive subordinated to the Chairman of the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation is comprised of materials defined in the Institute of National Remembrance - Chief Commission for the Prosecution of Crimes against the Polish Nation Act of December (JoL 2007 No. 63 item 424), as well as those created during the activity of this Institute. Art Separate archives transfer to national state archives materials which have thus far been in their possession, after the circumstances justifying their storage in separate archives have passed, but no later than 50 years after their creation, provided that this action does not infringe upon any legally protected interests of the State and the citizens.

17 2. Archival materials pertaining to national defense and security operations, created and collected by organizational units mentioned in art. 5 par. 4, shall be transferred to the Central Military Archive. 3. Archival materials created and collected by organizational units performing national defense and security operations created in offices serving bodies mentioned in art. 5 par. 3, and in organizational entities and units mentioned in art. 5 par. 3 pt. 5, shall be transferred to state archives as per par. 1. Art Institutional archives are created in state administrative units, local government units and other local government administrative units which produce archival materials. If required, these units may have more than one institutional archive. 2. If the unit mentioned in par. 1 is a ministry, then an institutional archive is created separately for each division of governmental administration, defined in separate regulations. 3. Units, which create institutional archives are defined by: 1) in relation to units whose activities include the entire territory of the State General Director of State Archives; 2) in relation to other units director of the state archive proper for the unit. Art Heads of organizational units mentioned in art. 33 are obliged to ensure: 1) the collection, storage, recording and proper protection of archival materials comprising the archival resource of their subordinate institutional archives; 2) classification, qualification and destroying of materials defined under pt. 1, as well as their transfer to proper state archives. 2. The heads of these units are also obliged to use the proper archival material before commissioning project work. 3. If the organizational unit is a governmental administration office, the head of the unit performs tasks defined under par 1 and 2 via the general director of this office, appointed on the basis of separate regulations. Art Institutional archives cover the area of activity of the unit they were created in. 2. The archival resources of institutional archives are comprised of archival materials produced and being produced in the course of work of the organizational units they were created in. Institutional archives cannot possess historical records; this does not apply to the archive of institutions of higher learning.

18 3. The archival resources of institutional archives serve the needs of the units they were created in. A third party wishing to gain access to these materials must obtain the approval of the head of the organizational unit housing the archive. Art The documentation produced and being produced by state and local government administrative units other than those defined in art. 33, which is no longer useful in their work, is collected in file repositories. 2. The heads of units defined under par. 1 are obliged to: 1) provide protection against damage or destruction for the records collected by the file repositories; 2) enable the proper state archive to oversee the destruction of documentation stored in file repositories; 3) ensure recording of the documentation stored in file repositories. 3. The documentation stored in file repositories serves the needs of units in which the repositories have been created. In special cases this documentation is made available to third parties under an approval given by the head of the organizational unit housing the file repository. Art. 37. (repealed). Art. 38. Organizational units, due to their special character or tasks and upon their request, may - on a permanent or temporary basis - be entrusted with tasks in the area of collection and storage of archival materials by the General Director of State Archives, who will define the conditions under which these tasks will be entrusted. Art Libraries and museums mentioned in art. 22 par. 2 pt. 2, which collect and store archival materials included in the state archival resource, function as members of the state archive network with respect to these materials. 2. Organizational units defined in par. 1 are subject to the provisions of this act in terms of the archival resource held by them.

19 Art The primary activity staff employed by the Head Office of the State Archives and state archives are subject to regulations concerning the employees of state offices. 2. The science and research staff employed by the Head Office of the State Archives and state archives are subject to regulations concerning the employees of science and research institutes. Chapter 4 The non-state archival resource Art The non-state archival resource is comprised of archival resources not included in the state archival resource. 2. This resource is: 1) registered 2) non-registered 3. (repealed). Art. 42. The registered non-state archival resource comprises archival materials produced and being produced as a result of the activity of: 1) political parties, 2) political, cooperative and other community organizations, 3) churches and religious associations, 4) not state-owned organizational units other than those mentioned in pt. 2, and owned by these units. Art The ownership of the archival materials mentioned under art. 42 cannot be traded; it is also subject to the regulations of art. 6 and art (repealed). 3. (repealed). Art Once the organizational units mentioned in art. 42 cease their operation, their archival materials become the property of the State and are included in the national archival resource. They are subject to transfer to the proper unit of the state archives network indicated by the General Director of State Archives.

20 2. The materials mentioned in art. 42 may become the property of the State with consequences defined under par. 1, by way of decision of the proper authorities of the non-state organizational units. 3. The materials mentioned in par. 2 may be deposited in state archives. Art The administrative bodies of non-governmental organizational units are obliged to register, store and protect archival resources comprising the non-state archival resource. 2. The bodies mentioned in par. 1 define the rules and procedure of granting access to archival materials comprising the non-state archival resource. 3. The archives of non-governmental organizational units may also include historical records as defined by art. 25 par The cooperation between the archives of non-governmental organizational units mentioned in art. 42 and the state archives network is defined by the agreements made between their proper authorities and the minister responsible for culture and protection of national heritage. Art. 46. The non-registered non-state archival resource is comprised of materials produced and being produced by the activity of natural persons, materials in the possession of those persons or their legal successors. Art The ownership title enjoyed by persons mentioned in art. 46 is limited only by the provisions of art The archival materials mentioned in art. 46 may be traded, both by purchase and free of charge, subject to the limitations referred to in par. 1 and art The transfer of ownership by way selling the materials mentioned in art. 46 to the State is exempt from the proprietary rights acquisition tax and notary fees. 4. The transfer of ownership of materials mentioned in art. 46 by way of inheritance or bequeath is exempt from inheritance tax and notary fees. 5. The art. 44 par. 3 regulation is applied mutatis mutandis. Art (repealed).

21 Chapter 4a Business activity in the area of the temporary storing of personnel and payroll files for employers Art. 51a. 1. Business activity in the area of the temporary storing of personnel and payroll files for employers, hereinafter called the documentation, is an activity regulated by the Freedom of Enterprise Act of 2 July 2004 (JoL No. 173, item 1807 with amendments 1 ), pursued by an entrepreneur and requiring to be entered in the register of entities keeping personnel and payroll files, hereinafter called the register. 2. The activity mentioned in par. 1 may also be conducted by: 1) state archives; 2) Polish Archivists Association. 3. The entrepreneur may conduct the activity mentioned in par. 1 only in the form of a company the initial capital of which is not lower than that defined under art or art of the Polish Code of Commercial Companies. Art. 51aa. 1. The entrepreneur may conduct the activity mentioned in art. 51a par. 1 also in the form of a work cooperative, if he pursued this type and form of activity on 31 March The entrepreneur mentioned in par. 1 is obliged to be recorded in the register referred to in art 51a by 31 December Should he fail to be recorded by the above-mentioned date he is obliged to cease his activity. Art. 51ab. Audit bodies incorporating cooperatives and the National Cooperative Council store the documentation produced by dissolved cooperatives and cooperative organizations as defined by art. 129 of the Cooperative Law Act of September (JoL. of 2003 No. 188, item 1848, JoL. of 2004, No. 99, item 1001, and JoL. of 2005 No. 122, item 1024). Art. 51b. The authority keeping the register is the executive head of the voivodship relevant with respect to the place where the activity is carried out. The registry may be kept in the form of an electronic file. 1 The amendments to the aforementioned act have been published in JoL 2004 No. 281, item 2777, 2005 No. 33, item 289, No. 94, item 788, No. 143, item 1199, No. 175, item 1460, No. 177, item 1468, No. 178, item 1480, No. 179, item 1485, No. 180, item 1494 and No.183, item 1538 and also 2006 No. 17, item 127

22 Art. 51c. 1. Entries in the register are made upon the written request of an entrepreneur, which should include the following information: 1) the name, seat and address of the entrepreneur; 2) identification number in the register of entrepreneurs; 3) tax identification number (NIP), if the entrepreneur has it; 4) names and surnames of persons enjoying the right of representation; 5) the scope of activity to be recorded; 6) place or places where the activity is to be carried out and the date of its commencement; 7) declaration that as at the date of the request the entrepreneur: a) has no tax arrears, b) has no arrears in relation to the Social Insurance Institution (ZUS); c) does not appear in the bad debtors registry of the National Court Register. 2. The entrepreneur should attach the following declaration to the request mentioned in par. 1 : I hereby declare that: 1) information contained in the request for the entry into the register of entities keeping personnel and payroll files is complete and true; 2) I am fully aware of and fulfill the requirements connected with the carrying out of a business activity consisting of keeping on a temporary basis personnel and payroll files for employers, as defined under chapter 4a of the National Archival Resource and State Archives Act of 14 July The declaration should include also: 1) the, seat and address of the entrepreneur; 2) place and date of submitting the request; 3) signature, name, surname and function of the person who has been given the right of representation. Art. 51d. 1. Conditions under which the activity mentioned in art. 51a par. 1 may carried are: 1) possession of an organizational and technological base appropriate for the size of the planned business, ensuring appropriate conditions for the storage of and granting access to the documentation; 2) possession of by-laws regulating the provision of services within the scope of business included in the register of entrepreneurs;

23 3) employment of a person with specialist education and experience for the purpose of handling the documentation. 2. The entrepreneur's management board cannot be composed of persons who have been convicted for crimes against the authenticity of documents or property. Art. 51e. The registry shall include information defined by art. 51c par. 1 pts. 1-6 and information about the entrepreneur's having been put in a state of liquidation or declared bankrupt. Art. 51f. 1. An entrepreneur entered into the register receive a certificate of entry containing the following information: 1) name, seat and address of the entrepreneur; 2) the recorded scope of business activity; 3) place of business according to the entry; 4) business activity commencement date. 2. The entrepreneur is obliged to immediately notify the voivodship executive head of any change of information mentioned in art. 51c par. 1 pts. 1-6 and inform it about being put in the state of liquidation or bankruptcy. Art. 51g. 1. The voivodship executive head informs the General Director of State Archives within a month of making the entry, providing the information mentioned in par. 4 pts Based on the information received from the voivodship executive heads and the entrepreneurs the General Director of State Archives keeps a registry of entities keeping personnel and payroll files, hereinafter called the registry. 3. The registry is public. 4. The registry includes: 1) name, seat and address of the entrepreneur; 2) the scope and place (places) of business; 3) information on the deletion of the entry from the register and information on the suspension or cessation of the business activity entered in the registry; 4) information on the entrepreneur's being put into liquidation or declared bankrupt; 5) indication of the voivodship executive head who has made the entry; 6) information mentioned in par The voivodship executive head informs the General Director of State Archives of a change to the information listed in par. 4 pts. 1-4 within a month of receiving a notice of the changes.

24 6. The entrepreneur submits to the headquarters of the Social Insurance Institution and to the General Director of State Archives a list of employers whose documentation the entrepreneur has taken over in the given calendar month and the period to which the documentation pertains, no later than by the end of the following calendar month. Art. 51h. The voivodship executive head deletes an entry in the register ex officio, by way of decision, if: 1) the decision defined under art. 71 par. 1 of the Freedom of Enterprise Act of 2 July 2004 is made; 2) a legally valid ruling is made forbidding the entrepreneur to pursue the recorded activity; 3) the liquidation or bankruptcy proceedings, which included the assets of the bankrupt, instituted against the entrepreneur have been concluded. Art. 51i. Rights stemming from the entry into the register: 1) are inalienable; 2) of the company taken over by way of creation of a new company or any of the merging companies, as well as of a company being divided are not transferred to the acquiring company or the new company; 3) of a work cooperative being divided or merged with another cooperative are not transferred to the cooperatives created as the result of the division or merger. Art. 51j. 1. The audit of the recorded business activity is carried out by the voivodship executive head. 2. The voivodship executive head may authorize another state body or state organizational unit specializing in auditing a particular type of enterprise to perform the audit, concluding with such a body or unit an agreement defining the rules governing the audit, including the means of its financing. 3. The first audit of an entrepreneur entered in to the register shall be performed no later than a year after the entry has been made. Art. 51k. 1. The entrepreneur runs business on the basis of services by-laws, which defines in particular: 1) the scope of the services provided; 2) the rules governing the accepting of documentation for storage, its registering and means of storage; 3) the general method of securing the documentation against access of unauthorized persons;