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Vol. XXII, No. 1 ISSN 1506-3240



The quarterly of the American Chamber of Commerce in Poland

Grace under pressure

Poland uses the global economic crisis to gain ground on Western Europe

INSIDE: Monthly Meeting: Marcin Herra Focus: Pawe Oszczyk, Data protection, US visas, Manufacturers Forum Company profiles: Curb-Tech Europe, Hill International, Mazars Experts: Keryx Group, aszczuk & Partners, Salans, Wardyski & Partners AmCham Membership Directory 2012

In this issue
WINTER 2012 Vol. XXII, No. 1

COVER STORY: Grace under pressure

Poland uses the global economic crisis to gain ground on Western Europe, p.15
Present on almost all continents Jacek urawski, Vice-President and Managing Director of Hill International, p. 30 Integrated excellence Michel Kiviatkowski, Managing Partner of Mazars in Poland, p. 31 EXPERTS Cubicle crusade Short of time, stressed, overworked, behind on deadlines: Why do ofce workers have these problems? How can they work more effectively? p. 32 A tangled web Selective distribution agreements prohibiting online sales may violate competition law, p. 33 The human side of the deal When you buy or sell a company with employees, beware how you handle the staff, p. 34 Watch your step Expats who fail to comply with US tax laws are skating on thin ice, p. 35 Build ber alliances Effective B2B partnering is an organization-wide competency, not a silo function, p. 36 EVENTS Halloween Business Mixer, p. 37; Face to face with the Euro 2012 czar, p. 38; Business in high gear, p. 39; 5th Manufacturers Forum, p. 40; AmCham Council Meeting, p. 41; Christmas Business Mixer, p. 42; Annual General Meeting, p. 44 DEPARTMENTS Content summaries in Polish, p. 2; Newsline, p. 4; Agenda, p. 8; Guide to AmCham Committees, p. 13

MONTHLY MEETING in November 2011 A great catalyst Euro 2012 will help Poland grow its economy in many different ways, p. 18 FOCUS Manufacturers Forum: Power surge While Polands manufacturers have gured out how to survive in a down market, there is one barrier they cannot leap without a little push: electricity prices, p. 20 AMCHAM MEMBERSHIP DIRECTORY 2012 Alphabetical list of AmCham corporate and individual members as of December 15, 2011, p. 21 FOCUS Top-down regulation on the way A new, more direct approach to data protection across the EU is expected soon, and many businesses will welcome the increased harmonization and clarity, p. 25 Food maverick Pawe Oszczyk, the chef of La Rotisserie Restaurant at Mamaison Hotel Le Regina Warsaw, is a rising star of the citys culinary world, p. 26 Hassle-free travel Applying for a visa to visit the US may be easier than you think, p. 28 COMPANY PROFILE Not afraid to get our hands dirty Christopher Hutchinson, CEO of construction specialist CurbTec Europe, about what makes the company special, p. 29



Your American Investor

Summaries in Polish From Executive Director

JOSePH WANCeR Deloitte

W tym numerze:
Cover Story
Gracja pod presj Polski rzd chce wykorzysta kryzys aby skrci dystans dzielcy polsk gospodark od tych w pastwach Europy Zachodniej, str. 15 Wywiad z Jackiem urawskim, wiceprezesem i dyrektorem zarzdzajcym rmy Hill International, str. 30 Wywiad z Michelem Kiviatkowskim, partnerem zarzdzajcymw rmie Mazars, str. 31

Dear Readers!

JuditH Y. GLiNieCKi Wierzbowski Eversheds

Vice Chair

RiCHARd LAdA Telesto

Vice Chairman

PeteR KAY KPMG Polska


StAN POPOW Finacorp


MEMBERS Tony Housh

APCO Worldwide

Monthly Meeting
John Lynch

Monika Stabiska, PEPWorldwide (gocinnie) na temat wydajnoci pracy pracownikw biurowych, str. 32 Konrad Raszkiewicz z aszczuk i Wsplnicy na temat regulacji handlu w Internecie, str. 33 Adam Brzeziski i Pawe Krzykowski z Salans na temat problemw pracowniczych w przejmowanych rmach, str. 34 Jakub Kucharzyk z Kaye Scholer LPP w Nowym Jorku i Aldona LeszczyskaMikulska z Wardyski i Wsplnicy na temat obowizkw podatkowych wzgldem amerykaskiego skusa, str. 35 Anya Ogorkiewicz z Keryx Group o budowaniu efektywnych relacji BtoB, str. 36

he current issue of American Investor is the magazines debut as a quarterly. For this occasion, the magazine appears with a new logo and is partially reformatted so that the traditional 44 pages per issue can carry more material, especially in such sections as Agenda. Inevitably, the content has become denser and the way we cover AmCham events, especially committee meetings, more concise. Nevertheless, I hope that the magazine will continue to attract the attention of readers within the chamber as well as AmChams friends and partners, to serve as a trusted guide to the chambers many activities and initiatives, and to reflect the huge

Paul Fogo
Miller Canfield

Mac Raczkiewicz
Ex officio

Wielki katalizator Organizacja Mistrzostw Europy w Pice Nonej w 2012 r. pomoe polskiej gospodarce w rnych aspektach, str. 18

Piotr Jucha

Roman Rewald
Ex officio

Thomas Kolaja
Alvarez and Marsal

Anna Sienko

Forum rm produkcyjnych Firmy produkcyjne w Polsce dostosoway si do warunkw globalnego kryzysku, jednak jest problem, z ktrym sobie nie mog poradzi: rosnce ceny energii, str. 20

Robert L. Koski
Kulczyk Investments


Dorota Dabrowski

business and intellectual potential of AmChams member companies. Wishing you interesting reading, and a Happy New Year!


AmCham Membership Directory 2012

Alfabetyczne listy czonkw korporacyjnych i indywidualnych AmChamu na dzie 15-go grudnia 2011, str. 21

Nowe regulacje Bardziej bezporednie podejcie do ochrony elektronicznych danych osobowych bdzie sprzyja harmonizacji prawa w krajach EU, str. 25 Wschodzca gwiazda Pawe Oszczyk, szef kuchni w restauracji La Rotisserie w hotelu Mamaison Le Regina, str. 26 Wizy bez problemw Aplikowanie o wiz USA w Warszawie jest atwiejsze ni moe si wydawa, str. 28

Relacje zdjciowe
Halloween Business Mixer, str. 37; Spotkanie Miesiczne, listopad 2011, str. 38; Speed Business Meeting, str. 39; Pite Forum Firm Produkcyjnych, Krakw, str. 40; Krakowskie spotkanie zarzdu AmChamu, str. 41; witeczny Mikser Biznesowy we Wrocawiu, str. 42; Coroczne Walne Zgromadzenie czonkw AmChamu, str. 44

Download this magazine!

American Investor is available in full as a pdf for download from the website. Go to "About Us" in the horizontal menu, and choose American Investor Magazine from the pop-up menu. You can download past issues of American Investor dating back to October 2010.

Whats on

AmCham may be closer than you think. Apart from Warsaw, AmCham has two regional branches which are active all year long and offer many exciting opportunities to interface with regional business leaders and politicians. To nd out more about our activities in Krakw and the region of southern Poland, and Wrocaw, go to Regions in the horizontal menu bar, and pick your region of interest.
Your online guide to AmCham activities

Dziay stae
Od Dyrektor Zarzdzajcej, str. 3; Newsline, str. 4; Agenda, str. 8; Przewodnik po Komitetach AmChamu, str. 13

By clicking on red links in the Calendar you may visit photo coverage of our past events. Blue links will take you to the announcements of upcoming events.

Policy Watch
Intelligence: For AmCham position papers, policy statements, ofcial letters to government ministers and research papers, visit the Advocacy link on the horizontal menu to download the latest AmCham position papers.

Company Prole
Wywiad z Christopherem Hutchinsonem, CEO rmy Curb-Tech Europe, str. 29

AmCham Monthly Meetings are one of the flagship events organized by the chamber. While American Investor covers each Monthly Meeting extensively, including full-page pictorials, you can search through picture archives of past events that include never previously printed material. Just go to Events and Activities, pick Monthly Meetings and scroll down for links to archived events.

Other useful sites

US Chamber of Commerce American Chamber of Commerce to the European Union AmChams in Europe

AmCham Auditor:

American Investor to oficjalny magazyn Amerykaskiej Izby Handlowej w Polsce. Magazyn reprezentuje gos rodowisk midzynarodowego biznesu w Polsce. Celem magazynu jest dostarczanie czonkom Izby i innym czytelnikom aktualnych informacji na temat dziaalnoci Izby a take trendw biznesowych i polityce spoecznej firm. Listy do rekacji prosimy wysya na adres poczty elektronicznej:

American Chamber of Commerce in Poland 2012. All rights reserved.




News from AmCham and its members AmCham
derstanding between Poles and Americans and mutual appreciation of one anothers values.

Agata Dulnik from Right Management has joined Jolanta Jaworska from IBM as co-chair of the Employee & Labor Relations Committee

Executive Director

Dorota Dabrowski Marzena Drela

AmCham Wrocaw

Deputy Director

Events & Media Manager

Anita Kowalska

Office Manager

Robert Kruszyna

Membership and Committees Coordinator

Barbara Pocialik-Malinowska Marta Pawlak

Research and Policy Coordinator

Project Assistant and Committee Coordinator

Robert Chomik

AmCham in Krakw

Monika Pilarska Joanna Bensz

At the Annual General Meeting in December, AmCham members approved the annual report presented by AmCham Chairman Joseph Wancer and passed amendments to the organizations constitution. David Green from PwC presented the audit report, which was also approved by the assembly. At the end of the meeting, AmCham Executive Director Dorota Dabrowski gave special thanks to members and partners who helped AmCham achieve its goals throughout the year. (Photo coverage at page 42.)

For the 9th consecutive year, AmCham Wrocaw together with the British Polish Chamber of Commerce, the Polish-German Chamber of Industry and Commerce, the French Chamber of Industry and Commerce, the Scandinavian Chamber of Commerce and the Irish Chamber of Commerce organized the International Christmas Evening for the business community and political leaders in Lower Silesia. The venue of the event was the historic Town Hall. The evening included many attractions, such as music shows, fortunetelling, and the Grand Prize Lottery Draw. The food included the traditional French Yule log, bche de Nol. Over the years, the International Christmas Evening has become one of the highlights of the holiday season in Lower Silesia. (Photo coverage at page 44.) An open and innovative environment in which they can live their lifestyle is what young employees value more than money, according to a recent study by Cisco Systems. The Cisco Connected World Technology Report, a global survey of 3,000 college students and young professionals, revealed that many would rather be wired at work than receive a higher salary. The study found: A third of college students and young employees believe the Internet is as important as air, water, food and shelter. Two of ve said they would accept a lowerpaying job that had more exibility with regard to device choice, social media access, and mobility, than a higher-paying job with less exibility. Regarding security-related issues in the workplace, seven of ten employees admitted to knowingly breaking IT policies on a regular basis, and three of ve believe they are not responsible for protecting corporate information and devices. The Cisco Connected World Technology Report provides insight into challenges that companies face as they strive to balance current and future employee and business needs amid expanding mobility capabilities, security risks, and technologies.

edition of cans with pictures of eight stadiums in Poland and Ukraine where the championship will take placeincluding the new National Stadium in Warsaw (pictured). First available in McDonalds restaurants, the cans also appeared in November in selected retail chains across Poland.

Cushman & Wakeeld


Despite the deepening of the debt crisis and the fragile mood of the wider economy, European property investment markets saw trading volumes rise in 3Q 2011 to EUR 28.8 billion, according to a study by commercial real estate agency Cushman & Wakeeld. The report found that property investment markets increased in the aggregate by 5% on the previous quarter and 12.3% in the year to date. By sector, retail was viewed as more defensive than others, but there was little change in patterns of activity over the quarter, with retail taking around 31% of activity, ofces 45%, and industrial 7%. In another report, Whats in Store for European Retail 2012? published in November, C&W found that an increasing number of retailers and investors are stepping up cross-border activity and international expansion in search of growth

in response to the downbeat economic sentiment in Europe. The agency expects to see international expansion move further up the agenda for leading brands in 2012, but points out that retailers are still exercising caution and are actively evaluating their existing store portfolios to cut costs and maximize margins where they can, with many restricting their focus to major global cities in prime high street and shopping center locations.

Enterprise Investors

American Enterprise Fund, from which Enterprise Investors emerged, has received the Commanders Cross with Star of the Order of Merit. President of Poland Bronisaw Komorowski honored Faris with this very special distinction for his contribution to the development of the Polish economy. Faris cofounded Enterprise Investors in 1990 and is universally viewed by the private equity industry in Poland as its founding father. Now chairman of Enterprise Investors, for several years he was president of Alan Patricof Associates (now Apax), one of the largest US private equity rms, and co-founded Apax London.

Katowice visit

Robert G. Faris, former president of the Polish-

AmCham in Wrocaw

AmCham 20th Anniversary Award






Q Invest Ltd +48 22 424 6600 To contact AmCham please write or call: ul. Emilii Plater 53, WFC 00-113 Warsaw tel: +48 22 520 5999 fax: +48 22 520 5998 e-mail:

American Chamber of Commerce in Poland 2012. All rights reserved.

The President of the European Parliament, Jerzy Buzek, who was the special guest at the AmCham Annual General Meeting in December, received the AmCham 20th Anniversary Statesman Award in recognition of his role in facilitating Polands transition to democracy and a civil society and his accomplishments in European Union politics. In his speech Buzek thanked the chamber for this recognition and said that the American business community in Poland played a vital role in helping the country catch up with the West and become successful and competitive on a global scale. (Photo coverage at page 42.) The 2011 AmCham Student Essay Contest Grand Prize went to Dorota Niedwied, who represented UPC Polska, for an essay discussing what Americans can learn from Poles and what Poles can learn from Americans. Niedwied went beyond stereotypes about the two nations, arguing that increasing contacts between them may lead to a new quality of un-


American Investor is the official publication of the American Chamber of Commerce in Poland. It is a voice for foreign investors and the business community in Poland. The magazine strives to keep our members and other readers up to date by following chamber news and reporting on the leading trends in business and policy. Letters to the editor should be e-mailed to

AmCham Student Essay Contest

Coca-Cola, an ofcial sponsor of the Euro 2012 soccer championship, has launched a limited


AmCham Charity Drive 2011

n December AmCham delivered assistance in cash and kind to selected single mothers shelters and foster homes through the annual AmCham Charity Drive, which the chamber has been conducting for 16 consecutive years. In 2010, the beneciaries of the drive were the single mothers shelter in Somczyn and a shelter for victims of domestic violence in Brochw, plus eight foster homes across the country, including two in Bochnia and one each in Biaystok, Grabinek, Otwock, Rzeszw, wiebodzin and Warsaw. AmCham representative Anita Kowalska, along with Adam Tomczak from X-Press Couriers, visited the single mothers shelter in Somczyn to bring presents and sweets for the children. After returning from the shelter, Kowalska said, Last year when we visited the shelter we were particularly moved by the difcult conditions in which the children lived, especially because that there was no central heating in the shelter and no hot water. The heating device at that time was just a coal stove, which produced a lot of smoke and made the living conditions at the shelter extremely unpleasant. So last year we decided to provide a modern heating system for the shelter, providing both heat and hot running water. EuRoPol Gaz SA gave the money to equip the shelter with the new heating system. We also provided the shelter basic articles such as food and clothing throughout the year. AmCham also donated part of the money to the Ronald McDonald Foundation and United Way, and covered the cost of a summer social therapy camp for children from one of the foster homes in Bochnia.

News from AmCham and its members
In November, AmCham members met with Mayor of Katowice Piotr Uszok (pictured left) and Piotr Wojaczek, president of the Katowice Special Economic Zone, to talk about investment opportunities in Katowice and the Silesia area. Uszok discussed the extent of investments made by Katowice in improving the citys infrastructure in such areas as public transportation and culture. Uszok said that Katowices longterm policy is to change the image of the city from heavy industry to an economy driven by innovative companies employing a young workforce. The importance of such rebranding is crucial to keep young workers from migrating to other cities in Poland or abroad. Wojaczek highlighted investors incentives offered by the Katowice SEZ. He said that the zones client service team approaches each potential investor on an individual basis, offering all that they need to make an informed decision about investing in the zone. He also said that Polish government ministers are lobbying hard in Brussels for the extension of SEZs lifespan in Poland, so most likely the current deadline of 2020 will be eliminated in a few years and investors in SEZs will continue to enjoy tax breaks as long as they meet other requirements.

mCham Poland is involved in the arrangements for the US-Poland Business Summit, to be held in 2012 with the US and Polish governments. Other organizers include the Polish Confederation of Private Employers Lewiatan and the US-

US-Poland Business Summit 2012

Poland Business Council. The event is also an opportunity for companies who are interested in partnering with AmCham as sponsors. Sponsorship packages will be available at PLN 150,000, PLN 50,000 and PLN 25,000. Companies interested in this opportunity should contact AmCham.

wine professionals in Poland organized by the Polish Sommeliers Association. Among the tasks set for the contestants were opening and serving champagne, recommending the chefs menu and presenting matching wines, decanting wine, blind tasting of two wines and ve spirits, and editing a wine list. The Polish association is a member of LAssociation de la Sommellerie Internationale.


as a guide to ecological world cuisine. The book is the result of collaboration between two food enthusiasts. De Gor is a traveler, living in Poland and Australia, who has authored 10 books, while Baxter is an Australian who has served as a chef on private yachts and experienced a wide array of culinary cultures. The book is published by G+J Gruner+Jahr in Polish and English. American Investor proled Baxter in the September 2011 issue.

Le Mridien Bristol

1. Anna Klimek from EuRoPol Gaz, which covered the costs of the new heating system at the single mothers shelter in Somczyn. 2. Santa Claus was sent by Colgate to entertain children at a foster home in Bochnia. 3. Crown Relocations helped AmCham conduct the Charity Drive. 4. Children at the single mothers shelter in Somczyn. 5, 6. Toys meet their owners. 7. Fifteen palettes of goods were distributed through the AmCham Charity Drive. Sheraton Warsaw, The Walt Disney Company Polska, UPC Polska, and X-Press Couriers. The most generous donor this year was Colgate-Palmolive, which provided 10 full pallets of cleaning products and sent a Santa Claus to give Christmas presents to children in Bochnia. To name just a few of the most generous in-kind donors: Maersk bought Christmas gifts for children at a foster home in Bochnia, Boeing provided nancial help for a foster home in Biaystok, and Panattoni donated the proceeds from its annual business party to the AmCham Charity Drive. Special thanks go to Crown Relocations for sending over staff and materials to help pack goods. We are also very grateful to X-Press Couriers for arranging the logistics of transporting the boxes to their destinations. Without their help the drive would not have happened!

Le Mridien Bristol Warsaw celebrated its 110th anniversary in November with a birthday cake for guests at the Caf Bristol, baked by the hotels executive chef, Micha Tkaczyk. Bristol GM Michael Goerdt said that the hotels staff are proud of the Bristols contribution to Warsaws luxury lifestyle. The Bristol opened on November 16, 1901. It is now part of Starwood Hotels & Resorts.

A global market study by ManpowerGroup has revealed a deepening shortage in skilled bluecollar workers, civil engineers, and production process managers. The sixth edition of the Talent Shortage report, which for the fourth time covered Poland, found that the Polish market is no different in this respect, with approximately 40% of employers nding it difcult to reach qualied candidates in these areas, while the global median is 39%. Poland improved on this count since 2010, when 51% employers said they had this problem. According to Iwona Janas, general manager of ManpowerGroup in Poland, companies who reduced their staff in the initial phase of the global economic crisis are now hit the hardest because they cannot nd the right people to implement their business strategies. On the other hand, some companies are postponing their hiring decisions until they see a better market. They hope that when they need new people, they will be able to lure the right people with higher salaries.

Massive Design

A three-seater bench, codenamed Hexagon, designed for Casamania by Przemysaw Mac Stopa from Massive Design, won the Best of Year Honoree Award 2011 at the Best of Year Awards 2011 from the New York-based maga-

Marriott Warsaw

zine Interior Design. Hexagon is made of painted pre-galvanized metal, suitable for both outdoor and indoor use. Its distinctive hexagonal structure reects the innite modularity of stems and atoms, according to the company. The concept bench was rst introduced to the public in April 2011 at the Salone Internazionale del Mobile in Milan.

Members on the move

Panattoni Europe
Artur Mokrzycki has been appointed Head of Capital Markets Europe at Panattoni Europe. Mokrzycki, who has over 20 years of experience in real estate investment management, will be responsible for investor management and relationships, including capital sourcing and structuring for the Panattoni platform across Europe.

Mamaison Hotel Le Regina Warsaw

Andrzej Strzelczyk from Mamaison Hotel Le Regina Warsaw won 3rd prize in the Polish Sommelier Championship, an annual event for

ur warm thanks go to sponsors who provided in-kind goods, corporate grants and cash donations from their employees: Boeing International Corporation, CB Richard Ellis, Colgate-Palmolive (Poland), Crown Relocations, DeBenedetti, Majewski, Szczeniak, DPD, Este Lauder, EuRoPol Gaz, GE International, Gregory Redos, the Hyatt Regency Warsaw, the InterContinental Warsaw, aszczuk & Partners, Maersk, Mars Polska, Panattoni Europe, the

New Members
Telecommunications specialist Motorola Mobility ( has joined AmCham. The company is represented by Arek Zawada, Regional Sales Director.

Gavin Baxter, executive chef of the Marriott Warsaw, and Evita de Gor, an accomplished author, co-wrote a cookbook entitled Flavours of the World, which has been acclaimed by food critics



Employee & Labor Relations Committee
How to do things faster
The efficiency of white-collar workers was on the agenda of the AmCham Employee & Labor Relations Committee meeting in October. Guest speaker Monika Stabiska from PEPworldwide, a personal efficiency company, explained why office workers have not boosted their effectiveness in recent years the way blue-collar workers have, and discussed the costs of an inefficient white-collar workforce. (More on these issues in the article Cubicle crusade on page 32.)

Intelligence from AmCham Committees

permits. She noted it takes E+ about six months to obtain all permits from the authorities for one charging point in a public place in Warsaw. The cost of the red tape involved is about PLN 15,000. Sikorska said that the presence of a dense charging point infrastructure is an important factor for the peace of mind of electric car drivers. According to a study by Frost & Sullivan in Germany, 90% of electric car users charge their vehicles at home, not in public places. Nonetheless, they want to know that they will not be left out in the cold when their battery is low, which is why they want to see as many charging points as possible. Tomasz Paka said that according to Deloittes research on the electric car market in different countries, what matters for car users when they think of migrating from gasolinepowered cars to electric cars is the price of the car, the total running costs (not just the cost of fuel per 100 km), the availability of charging points versus gas stations, and charging time versus filling time at a gas station. Paka said that given all the factors, drivers in North America and Western Europe are the most pessimistic about electric cars, while the Chinese and the Turks are the most enthusiastic. The speakers agreed that the market for electric cars is small and young and therefore hard to predict. On the other hand, investors interested in developing the infrastructure for electric cars have to spend huge amounts of money. But without proper infrastructure the electric car will not become the standard for consumers. Now the energy companies that appeared after the market was reformed are creating strong demand for project financing, especially in such areas as gas exploration and extraction, as shale gas in particular has been identified as a fuel that is important to the nations economy. Because of this, the pool of opportunities for financial institutions has increased in the energy sector as it becomes more and more interested in mediumand long-term financing.

Give debt where debt is due

The public debt classification of expenditures on infrastructure projects was the topic at a meeting of the AmCham Infrastructure Committee in December. The problem under discussion was that debt generated through infrastructure projects is included in the balance sheet by Eurostat, the EU statistical office, which has a negative impact on the overall public debt of Poland as reported by Eurostat. This also impacts the private sector, because even when private investors are involved in financing infrastructure projects, in many cases Eurostat books the debt as Polands public debt. This happens even in public-private partnership projects. The speakers, who included Dorota Mizioek, director of corporate finance at KPMG Advisory, and Arwid Mednis, a partner at the Wierzbowski Eversheds law firm, offered some hints on how legal criteria may be interpreted in certain investment projects so that some costs do not need to be included in debt. In the end, however, it is up to the public side to make sure that costs that technically can be taken off the balance sheet are in fact excluded by Eurostat as well.

Infrastructure Committee

Slow take-off for electric mobility

The future of electric cars in Poland was the topic at a meeting of the AmCham Energy & Environment Committee in December. One of the guest speakers was Katarzyna Sikorska, PR and marketing director of Polenergia, a private energy group owned by Kulczyk Investments, who is also CEO of E+, a company that delivers charging points for electric cars and other services specifically aimed at electric car users. Tomasz Paka, a senior manager in the automotive group at Deloitte, was the other speaker. Sikorska said that the development of infrastructure supporting electric cars in Poland is slow, but in line with the number of electric cars on the street. According to Sikorska there are approximately 300 electric cars registered in Poland, which is a significant improvement from zero in 2010. She added that the number of electric cars in Poland is still very low, although there are price incentives for electric car users here, where their cost for fuel is about PLN 6 per 100 km. Warsaw now has 30 charging points for electric carsmore than the number of electric cars registered in Warsaw. Sikorska said that fast-charging points (DC charging points, which fully charge any electric car in 30 minutes) are relatively expensive in Europe (costing EUR 100,000 each to build), but they are slowly appearing in different countries. She noted that in such countries as Japan, DC points are the standard, while old-fashioned charging points (which need up to 6 hours to fully charge an electric car) are an artifact of the past. Sikorska said that there are approximately 300 charging points in Poland at present, delivered by different companies, but most of them are experimental, not commercial, set up on private property instead of at public places, to avoid the cost of obtaining all necessary

Energy & Environment Committee

One-stop shop for free R&D money

At a meeting with the AmCham EU Affairs Committee in November, Andrzej Siemaszko, director ofthe Polish National Contact Point for Research Programs of the EU, discussed EU programs that offer funding for R&D and shared the experience that coordinating institutions have had in Poland for the last four years. He said that in terms of research topics, the National Contact Point supports practically all areas of the economy, including health, ICT, security, transport, space, biology, energy, advanced materials and nanotechnologies. Siemaszko said that the agency announces new projects at least once a year, through calls for proposals. He said he had noticed some disinclination on the part of Polish companies to participate in research programs, even in the case of big companies that are top players in their industries. He said that if companies are not sure whether they can actually take part in a project, the National Contact Point is always more than happy to help them find the projects managed by the agency that best suit them. He admitted that for first-timers there are a lot of barriers to entering the projects, but once companies learn how to navigate the financing programs they do not need any assistance from the agency anymore and grow quite confident about choosing projects themselves. Siemaszko said that the key players in big R&D programs financed by the EU are French, German and British companies and academia. While they comprise some 10% of all companies and research institutions interested in obtaining financing, they are so effective in bidding for financing that they get involved in an estimated 80% of projects financed by the EU. Despite that, Siemaszko said there is always room for new companies to enter programsexcept for programs in space and security research, two areas which have been dominated by a set of companies that are so competitive it is very difficult for newcomers to get in.

European Union Affairs Committee

Fresh approaches to IP protection

Intellectual Property Rights Committee

Bank financing for power projects

At a joint session of the AmCham Energy & Environment and Tax & Financial Services committees, Micha Krupiski, managing director andhead for Poland at Bank of America Merrill Lynch, and Eoin Kavanagh, senior relationship manager at Bank Pekao SA, discussed the reality of financing power sector projects in Poland, with a special focus on financing possibilities available on the market and structures for financing such projects. The speakers gave an overview of the role of banks in the Polish economy. They said that while the Polish economy is bullish in comparison with other EU countries, most Polish banks try to stay on the safe side and maintain good risk management. When it comes to energy sector financing, the speakers said that generally it was dedicated to large state-owned companies for the first 15 years of the economic transformation.

Energy & Environment and Tax & Financial Services Committees

While US legislative initiatives aimed at better protection of intellectual property in the Internet were the main focus of the meeting of the AmCham Intellectual Property Rights Committee in November, the first to speak was special guest Zbigniew Barszcz from the Department of Economic Development at the Ministry of Economy, who gave an overview of legislative work in the European Union aimed at creating a single patent protection law through an agreement of 25 member states (Italy and Spain opted out). Barszcz said that the new system will be implemented in 2012 and will significantly simplify patent registration procedures, by requiring, for instance, that the documents be translated into only three official EU languages (English, French and German) instead of all national languages of the EU member states. Barszcz said that when the new regulation becomes law, the same patent protection will be guaranteed by all 25 states who are members of the agreement. He added that the only issue which has not yet been agreed on was the location of the central patent court. Progressing to issues of intellectual property rights protection, Piotr Marczuk, Corpo-

rate Policy Director at Microsoft Polska, talked about new legislative initiatives by the states of Washington and Louisiana aimed at penalizing importers of goods to the US who use stolen or misappropriated intellectual property in their manufacturing, marketing or sales. Another speaker, Bartomiej Witucki from the Business Software Alliance, presented a trade initiative in the US that reinforces IP protection in peer-to-peer file exchange. The memorandum of understanding between leading US music and film industry organizations and leading Internet service providers aims at cutting illegal exchange of music and movie files in peer-to-peer systems. Witucki also talked about the Protect IP Act, a federal law that makes it illegal to create bogus websites in the US.

Marketing & Communications Committee

A corporate face on Facebook
Zofia Grska from Euro RSCG Sensors, who met with the AmCham Marketing & Communications Committee in December, unveiled some mysteries about the Polish users of

Facebook and Twitter and presented some findings of a study that Euro RSCG commissioned in 2010 to find out the way social media are used in Poland. Grska said that there are more female than male users of social media here, but this only reflects demographics and has nothing to do with any gender preference for social media. Over half of users are married with children. Facebook users are socially active and unsurprisinglyattach a lot of importance to staying in touch with others. Surprisingly, while they are community-oriented, they do not want to spend as much time on Facebook as they actually do. Somehow, they just cant stay away. Nearly half of Facebook users do not see Facebook as something that is in vogue today but will be pass tomorrow. In fact, 20% of users perceive Facebook as a medium that is more credible than mainstream media such as television or newspapers. Its users treat Facebook as a real social phenomenon that maintains contacts within real communities. Another plus of Facebook is that it helps users maintain contact with people they met while traveling abroad. While so many Facebook users have faith in the services credibility, some 35% do not




trust Facebook or other social media when it comes to the safety of their personal information. The study revealed that such people use a made-up ID on Facebook and other social media to be able to meet new people, presumably date them, do something they would never do as real personalities, or say something which is not true. When it comes to the acceptance of consumer brands in social media, over 50% of users said they do not like brands because they spoil the community spirit. On the other hand, some 20% said they have no problem with accepting consumer brands on their social media profiles and recommending them to their online friends. Users add brands fan pages to their profiles on Facebook because they like certain brands in real life, or they use them and want to learn more about the products. More and more users, however, add brands because they want to benefit from being a user of the brand, through promotions or award campaigns carried out on Facebook by the brand. A fifth of users reject brands altogether and treat marketing messages from brands as spam, or are disgusted by the strong marketing focus of the messages they get from brands. There are also users who reject brands in social media because of their unsatisfactory experience with them in real life. Grska said that when it comes to brand marketing, Facebook is difficult terrain because it is home to many more brand haters and trollsusers with fake IDs who are there to express negative opinionsthan Twitter, a community service which has become popular among Poles, with 20,000 users from Poland already there. Grska said that before a brand decides to be present on Facebook, it needs to find out whether the target group is there at all. Another big question for marketers is the subject matter of the conversation with which they want to engage the targets. The conversation has to include unique content which the targets find attractive and entertaining. Grska gave some insight into a Twitter campaign Euro RSCG did for a tablet computer marketer. She said that one of the biggest misconceptions of Twitter is that it is only about text, with no options to publish music and photos, which is untrue. Music and pictures on Twitter do a good job at propagating a consumer brand. She also said that for a Twitter campaign to be successful, it takes a lot of personal engagement from the community manager, who posts tweets and has to work around the clock. What also helps is thinking about offline content for users and organizing some events for selected individuals, especially opinion leaders, such as journalists, who follow the brand on Twitter. This reinforces positive relations between them and the brand.

Intelligence from AmCham Committees

Boss and business on the same page
What is the correlation between a companys CEO and the companys image in digital media? This was the topic at a meeting of the AmCham Marketing & Communications Committee in December. Speakers Beata Moka, CEO of Canal+, and Maciej Filipkowski, general manager of Dell Poland, discussed how digital media affect the way company values are perceived by Internet users and how the desired values can be reinforced for the online audience by the CEO. Moka said that many CEOs joined companies with a mission to use their personal charisma to change the way the company is viewed by the public. However, company values are separate from the personal values represented by the CEO, and the issue for strategists is to come up with the best way to present those values online. Strategies may differ. They can present the values separately, or pick one set of values characteristic for the company and the CEO and present them together. She also said that some CEOs may not feel close enough to social media. However, they can use their staff to work their image in social media. If they do not, they will lose out on a special kind of credibility that can be created in digital media. And some companies, in fields such as high tech and lifestyle, cannot afford not to have a digital presence. Filipkowski said that before a CEO becomes present in social media, he or she should decide what brand values to represent in the digital world. These should be things the CEO feels strongly about. At issue is credibility in the digital world, where users sense whether or not opinions are genuine. But CEOs should not force themselves to be present on certain social media platforms. If they are bored with the chat, they should leave rather than force themselves to continue. Filipkowski pointed out that young people do not ask whether or not they should be in social media, because social media are part of the world as they know it. They do not make any distinction between the brick-andmortar world and the virtual world. To them, they are one and the same. Thus social media should not be overlooked by companies that want to reach young people with their brands. using image projectors and light-reecting foils. She said that 3M, which celebrated its 20th anniversary in Poland in 2011, offers turnkey projects for clients that best suit their needs, from selecting locations for their brand visualization to picking out the best materials. Stopa showcased some of his design projects which reinforce corporate values in some unusual way. He said that companies that use open space as part of their corporate identity offer a lot of creative ways to stress their values through interior design, using different materials such as glass, plastic and metal. healthy as long as possible and decrease the cost of healthcare services provided to that demographic group. Kamierski said that such a policy would benet all stakeholders, and he hoped that political leaders in Poland take note. To achieve these goals requires improvement in industry standards in disease prevention, diagnosis and treatment. Kamierski said that international pharmaceutical companies study thousands of new drugs that can potentially help alleviate the negative effects of aging societies for the economy, but even if new drugs appear in the marketplace they will be only a supplement to educational campaigns to raise awareness of prevention of the most common diseases associated with old age. Kamierski said that while prevention is very important for having a healthy society, even if it is aging, the challenge for policymakers is to come up with policies and strategies to encourage innovative solutions in the drug industry. Kamierski concluded by saying that innovative therapies are becoming an important part of modern medicinea fact that must not be overlooked by policymakers and political leaders. Other speakers at the conference included Andrzej Malinowski, president of Employers of Poland, and industry experts Pawe Gembicki and Agnieszka Szpara from Employers of Poland, Prof. Karina Jahnz-Ryk, president of the Polish Pharmacoeconomic Society, and Dr. Konstanty Radziwi, a member of the steering committee of the European Innovation Partnership on Active and Healthy Aging. in Warsaw, but also in other Polish cities, has developed so fast that some buildings built just 7 to 10 years ago do not meet current market requirements and have to be replaced. According to Komorowski, when a new ofce building is designed today, the designer has to think about the future of the market, because it will have to compete with other ofce buildings that will appear on the market in the years to come. For Komorowski, this comes down to using the highest standards possible. If the highest standards are not applied today, the building will not be competitive tomorrow and investors will lose out. This is also important because Warsaw has been attracting big names in the world of architectural design, who are pushing standards skyhigh. Komorowski concluded by saying that the essence of good practice is to deliver the best possible service to the client. Tadeusz Blecha said that from the contractors point of view, the objective is to reach a nancial result on time and according to plan, so the client is satised and ready to go back to the same contractor again. To achieve that, contractors have to have a good system that allows them to maintain quality and standards on every construction project they handle, which Blecha called value engineering. For Blecha, one important aspect of value engineering is the ability to cut the price of the assignment and the construction time without compromising on quality or performance. The speakers agreed that unconventional thinking in every segment of the entire development process is what really matters, because this is where value-added, competitive aspects of project execution can appear. vestors. The Treasury looks for investors who not only have money to buy state-owned companies, but also have viable business plans for their new acquisitions so that they can be modernized and become more competitive in the marketplace. Privatization is about further development of the Polish economy, Zieliski said. He explained that while in the early stages of privatization in Poland, direct privatizationdirect sale of a company to another company was the procedure of choice for most investors, today indirect privatization is what investors are mostly interested in. The ministry offers three different methods of indirect privatization which suit different types of investors. The simplest way of acquiring a company from the Treasury is to take part in a public auction. In this process, price is the most important factor, and the auctioned company goes to the highest bidder. Public tender is another way of buying a company from the Treasury. Here, however, along with the price, other aspects come into play. They may include additional requirements the Treasury has for the investor, such as employment guarantees for the workforce or pledges to invest a certain amount of money by a certain date. The most complex way of privatizing stateowned companies is through negotiations on the basis of a public invitation. This process is applied in the privatization of large companies. The Treasury announces the privatization and invites initial offers from potential buyers. In the next phase, the Treasury contacts only selected bidders, asking them for a more specic binding offer. After another round of negotiations with all the shortlisted bidders, the best offer is picked by the Treasury. This process may not lead to a nal decision, because at any stage the Treasury can withdraw from the negotiations. This is where the price is by far not the most important thing on the agenda, Zieliski said. Zieliski said that the Treasury has some very good companies in its privatization portfolio and encouraged AmCham member companies to keep an eye on the privatization offers. Our offers may be very interesting, Zieliski said. We privatize companies in different sectors of the economy, including machinery, heavy industry, construction and transportation.

Pharmaceutical Committee

Photo: Tomasz wiok

Innovative healthcare and demographics

Micha Kamierski (pictured) from Gilead Sciences represented the American business community at a conference held in October jointly by the AmCham Pharmaceutical Committee and Employers of Poland. The conference was a launch event for a report entitled Aging Population as a Challenge for European Economies, compiled jointly by Employers of Poland and the AmCham Pharmaceutical Committee. In his opening speech Kamierski said that the issue of the aging population is one of the most important economic challenges now faced by developed countries in the European Union, including Poland. While one way to tackle the problem is to implement government policies aimed at promoting parenthood, on the demographic path Poland is now following by 2060 there will be three working people for every two retired people over age 65. Kamierski said that the percentage of people over age 80, who require extensive healthcare services from the public sector, will increase by four- or ve-fold. The challenge for the healthcare industry, therefore, is to keep working-age people t and

Build offices of the future today

Best practices and standards in ofce construction were on the agenda of the last AmCham Real Estate Committee meeting in 2011, which took place in December. Speakers included Chez Komorowski, head of the architecture department at Epstein, an architecture and design specialist, Robert Karczewski, development director at project management company Hill International, and Tadeusz Blecha, director of Hochtief Polska, one of the largest contractors in Poland. Karczewski gave a presentation of the most interesting buildings in Warsaw, including ofce buildings by such designers as the late Polish architect Stefan Kuryowicz, as well as Zota 44, the residential tower designed by Daniel Libeskind, which Karczewski said is one of the most complex structures in town today. Karczewski said that every step of the design process has to be preceded by a cost estimate, because only then can the client see which direction the building is being developed and whether the project will stay within budget. Chez Komorowski noted that the ofce market

Real Estate Committee

Small & Medium-Sized Enterprises Committee

Whats ahead for privatization?
In November, Marcin Zieliski, director of the Privatization Department at the Ministry of Treasury, met with the members of the AmCham SME Committee to present the governments plans for privatization of nearly 800 companies that still belong to the state. Zieliski said that privatization has been an important revenue item for the government for years. The ministry has managed to raise PLN 140 billion from privatization since taking over the process in 1996. The incumbent government has supervised the privatization process since 2007, and by the end of 2011 brought an estimated PLN 44 billion to the state coffers from over 600 companies sold to private owners. Zieliski said that in 2010 the ministry sold interests in companies for a total of PLN 22 billion, and in 2011 generated PLN 15 billion from 170 companies. While the money aspect is important, also important for the Treasury is the quality of in-

Project values visually

The power of internal and external branding in corporate identication was the topic at a meeting of the AmCham Marketing & Communications Committee in December, with guest speakers Agata Osuch, a senior executive at 3M, and Przemysaw Stopa, president and chief architect at Massive Design. Osuch stressed the power of brand creation

Investing in tough times

Investment opportunities in times of crisis were the topic at a meeting of the AmCham SME Committee in November which hosted three investment specialists: Borno Janekovic from Franklin Templeton Investments, Maciej Staczuk from Polski Bank Przedsibiorczoci, and Mariusz Kaczmarek from the Business Angels Guild, an investment arm of the d Regional Development Agency.





Janekovic said that for global investors, 2011 was a game-changer. Developed countries, traditionally associated with generating prot, did not deliver. Their governments bond yield was around 0% in September. Meanwhile, government bonds of developing countries, traditionally viewed as high-risk, offer interesting prots. Bonds of Brazil, India and China yielded prot at around 10%. He said that while in the past Chinese bonds yielded well above 10%, the country is still quite a promising place for investors even at below 10% bond yield. Janekovic noted that China is a country in a major economic transition, from a cheap-labor country to one that can effectively manufacture both simple and complex products and where labor in no longer cheap. This transition, he said, will result in spreading ination on the global scale, as products made in China will no longer be cheaper than elsewhere. This policy has been approved by the Chinese government and is one of the major changes underway in the global economy today. Janekovic said that Europe is quite diverse when it comes to government bonds. While Greece is edging toward default, Ireland, for instance, offers some hope for investors because the Irish government has restructured the countrys nances. Maciej Staczuk underlined the pros and cons of investing in Poland. He said that 2011 was a very good year for Polish companies, and now it is the governments job to restructure public nances and cut the budget decit to make the country really interesting for investors. Staczuk said, however, that the threats from the eurozone will no doubt have a negative impact on the performance of the Polish economy in 2012 and beyond. On the upside, however, Staczuk stressed that the Polish economy has very good fundamentals, a relatively large domestic consumer market, and relatively low debt. He also said that while the Polish banking sector is expected to post record-high prots in 2011, the problem is that some 70% of banks in Poland are owned by foreign entities, mostly in the European Union. But banks in the EU will need a lot of equity in order to comply with new EU regulations calling for an increase in liquidity ratios from 5% to 9%. Since the equity is not to be found among private investors, banks will either have to tap into public money, which they will not be inclined to do, or repatriate prots from countries where their banks have very good balance sheets, and that includes Poland. This may deliver a blow to the development of the Polish economy and, according to Staczuk, will be a serious issue for investors. Mariusz Kaczmarek showcased some investment projects undertaken by the Business Angels Guild. He said the guild is a very economic way of getting investment funds, because as a part of the provinces regional development agency it can tap into different nancial programs and preferential credit lines still available in Poland through EU funds.

Intelligence from AmCham Committees

A toast to the Polish economy
When it comes to risks, the PLN/EUR exchange rate is one of them. The uctuation of the rate has to be watched every day to make correct business decisions, Mielyski said, adding that he is fortunate enough to have bought huge supplies of wine earlier when the zoty was stronger against the euro than it is today. Mielyski has to watch the PLN/USD exchange rate as well, because he buys wines from Chile, Argentina and South Africa, where wine products are pegged to the dollar when the dollar is strong and to the euro when the euro is strong. Another business issue that Mielyski has learned to deal with in Poland is wavering consumer condence. He said that the mood is uncertain, and if this continued into December it could have a negative impact on the seasons sales. Facing this, he said, his strategy was to compress his margins and grow the business, because he hopes to see a good time for the wine industry in Poland in 2012 and 2013.

AmCham Committee Guide
Mission: To discuss issues of the development of infrastructure; to promote infrastructure solutions for cooperation between private and public Co-Chairs: partners. Krzysztof Wierzbowski, Wierzbowski Eversheds; Andrew C. Kapusto, Raytheon Homeland Security. More at

-------------------- For the most recent information about the work of AmCham Committees and upcoming events ---------------------

Agri & Food

In November, the co-chairs of the SME Committee, Alain Bobet (pictured, second from left) and Cezary Krasodomski (right), managed to bring together an interesting pair of speakers to discuss the global economic outlook and how it may affect doing business in Poland: Ryszard Petru (third from left) from Demos Europa, a think-tank, who is also chairman of the Society of Polish Economists, and Robert Mielyski (rst from left) from Mielyski Sp. z o.o., a wine importer, wholesaler and retailer with outlets in Warsaw and Pozna. Petru said that every day there is some bad news about the global economy, which leads the business community in Poland and other countries to lose condence in the economy and postpone investment decisions. As a result, companies sit on piles of cash, buying only time. According to Petru, there are no fundamental problems in the Polish economy. When it comes to manufacturing, for instance, Poland is still a very competitive place in the EU. Even if economic stagnation becomes reality in Western Europe in 2012, Poland will be in a safe zone, which means the countrys economy will generate some positive GDP growth. While Polands economy is ne, investors are nonetheless postponing their investment projects here for fear of how they may be affected by the possible breakup of the eurozone. According to Petru, all economists agree that a collapse of the eurozone would deliver a big blow to the Polish economy. Petru noted, however, that political leaders in the EU have a good understanding of the gravity of the situation in the eurozone and will do their best to prevent a breakup. Petru concluded his assessment by saying that while the Polish economy is not likely to experience any recession in 2012, companies may nd it slightly more difcult to accomplish their business goals. Mielyski, who is in the process of building his wine business in Poland, said that Poland has a huge potential for growth in this eld because the average consumption of wine in Poland is 3 liters per head per year, while in France, by comparison, it is around 50 liters.

Mission: To provide a platform for discussing and solving issues and identifying opportunities in the agricultural and food sector by creating a base for dialogue and expertise. Co-Chairs: Andrzej Pawelczak, Animex; Maciej ubieski, Universal Leaf Tobacco Poland. More at


Mission: To discuss and identify common interests and exchange information regarding Polands pharmaceutical market; to act as a representative body and collective voice of pharmaceutical companies before governmental institutions. Co-Chairs: Jarosaw Oleszczuk, Abbott Laboratories; Gianluigi Lisi, Eli Lilly Polska. More at Mission: To build relationships with key players in Polish politics, regardless of whether within the government or not, in small groups and in private settings, to serve as a vehicle into the world of Polish politics behind official curtains. Co-Chairs: Robert Koski, Kulczyk Holding; Marek Matraszek, CEC Government Relations. More at


CIT pointers for US/Polish companies

The speakers at a meeting of the AmCham Tax & Financial Services Committee in November, Izabela cierska-Kulma and Micha Krawczyk, managers on the corporate tax team at Deloitte, gave an overview of the most important issues affecting corporate income tax in Poland today, discussed CIT issues under the tax treaty between the US and Poland,and commented on the CIT aspects of operating different business models in Poland. cierska-Kulma said that the tax system in Poland is rather ambiguous, and often no simple information about how a transaction should be taxed can be provided instantly but only after an in-depth analysis of all tax regulations that may play a part in the given transaction. Here the problem is that while your tax adviser may develop an opinion, the tax authorities may follow their own practice, and their view of the transaction may differ in terms of what taxation should apply and how particular tax provisions should be understood. Different tax authorities may even take different views on how tax regulations should be applied to one and the same transaction. cierska-Kulma said that companies should keep this in mind especially before they conduct complex transactions that may attract divergent tax interpretations. One helpful approach is to avoid overly complex structures, and arrange transactions so that the tax aspects are clear and simple. Krawczyk pointed out that under the USPoland tax treaty, one key issue for effective application of the treaty is to have a clear understanding of the concept of royalties, which means different things in the tax systems of the two countries.

Tax & Financial Services Committee

Mission: To provide a forum to share knowledge and exchange experience in all areas common and relevant to manufacturers and distributors of goods. Co-Chairs: Magorzata Urbaska, CMS Cameron McKenna; Agnieszka Dzigielewska-Joczyk, HP Polska. More at

Consumer Products

Mission: To serve as a platform for defense industry issues and exchange relevant information. The committee creates a networking forum and fosters a positive working relationship with the government and people of Poland. Co-Chairs: Paul Zalucky; Stan Prusiski, Sikorsky Europe. More at

Defense & Security

Mission: To monitor innovation initiatives within the Polish government and across industries and commercial organizations, while advocating best practice across innovation approach, discipline, creativity, dimensions, and systems for member companies and the local government and business ecosystems. Co-Chairs: Alexander King, Monitor Group; Paula Wsowska, Cisco. More at


Political Discussion Forum

Real Estate

Employee & Labor Relations

Mission: To create an information exchange forum of HR professionals to share, discuss and learn about the latest trends in HR management and influence local policy and decision-makers. Co-Chairs: Jolanta Jaworska, IBM Poland; Agata Dulnik, Right Management. More at

Mission: To advocate for IPR protection and provide leadership that will bring together interested partners; to share information with decision-makers and law enforcement. The police, judiciary, prosecutors, customs officials, legislators and journalists are among the target groups, while the curriculum of law schools should have more emphasis on IPR. Co-Chairs: Agnieszka WyszyskaSzulc, Philip Morris; Anna Lasocka, aszczuk & Partners. More at

Intellectual Property Rights

Mission: To discuss issues regarding the complexities of the real estate market in Poland, and exchange information. To be an educational and networking forum for members and to lobby and influence legislative departments of the Polish government. CoChairs: Halina Wickowska, K&L Gates; John Baka, Colliers International. More at

Mission: To help members develop their energy and environmental business in Poland. By helping members work collectively to overcome any systemic difficulties encountered in their business the committee aims to increase the level and quality of investment and activity in these sectors. CoChairs: Adam de Sola Pool; Jerzy Chlebowski, Mitsubishi. More at Mission: To provide members with relevant information on EU-related issues, including EU funds, and to represent American investors before the Commission and the Polish government. Co-Chairs: Magdalena Burnat Mikosz, Deloitte; Jerzy Thieme. More at

Energy & Environment

Mission: To provide a forum for member firms to share knowledge and exchange experiences in marketing, communications and PR; provide educational and networking opportunities for member firms interested in these areas; and serve as an advisory body for AmCham. Co-Chairs: Anya Ogorkiewicz; Tadeusz Dulian, Deloitte. More at

Marketing & Communications

Mission: To provide a forum for exchange of ideas/best practices to improve the performance of SMEs; to identify and promote solutions to facilitate and support the managerial and operational efforts of SMEs through educational, networking or lobbying efforts that leverage the resources and knowledge of AmCham and its membership. CoChairs: Alain Bobet; Cezary Krasodomski, Cisco Systems. More at Mission: To provide a platform for identifying tax and financial issues and create an educational forum to keep AmCham members informed on current and upcoming legislation. CoChairs: Piotr Bartuzi, Bank BPH; Andrew Hope. More at Mission: To provide a platform for discussing issues and problems related to travel, leisure and the hospitality industry and to provide networking opportunities and to discuss trends and standards in the industry that will allow them to fully benefit from membership in AmCham. Co-Chairs: Stijn Oyen, Sheraton Krakw; Pamela Gmiter, Staffer Hospitality. More at

Small & Medium-Sized Enterprises

Tax & Financial Services

European Union Affairs

Mission: To provide a platform for discussing, identifying and addressing common SSC/BPO issues related to high-tech operations; to maintain contact with local authorities, educational and governmental institutions to present a unified business perspective and to suggest ways of possible cooperation. Co-Chairs: Marek Suczyk, Kroll Ontrack; Jacek Stryczyski, Lionbridge. More at

Outsourcing/High Tech

Travel & Tourism





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Cover Story
The state of the Polish economy

Grace under pressure

Poland uses the global economic crisis to gain ground on Western Europe
he Polish Presidency of the Council of the European Union for the second half of 2011 may be best remembered for the oratorical skills of some Polish government ministers, who argued energetically in favor of policies to rescue the eurozone. In September, Minister of Finance Jacek Rostowski told the European Parliament that if the eurozone broke up, Europe would not contain the shock for too long. He ended his speech by quoting a banker friend who told Rostowski he was seeking US citizenship because he was afraid of war in Europe after the anticipated collapse of the eurozone. Rostowskis speech may have reverberated more in Poland than throughout the international media. But the speech delivered in Berlin in December by Minister of Foreign Affairs Radosaw Sikorski, a day before the summit of EU prime ministers to reach agreement on measures to rescue the euro, did an immense job of showing Polands determination to preserve the eurozone and work towards further integration of the EU. Sikorski said, I will probably be the rst Polish foreign minister in history to say so, but here it is: I fear German power less than I am beginning to fear German inactivity. It was a clear indication of Polands support for German rescue efforts. Sikorski added that the collapse of the eurozone would be a crisis of apocalyptic proportions, which would lead to the breakup of the single market. In mid-December, Prime Minister Donald Tusk said he wished the EU were more united at the end of the Polish Presidency than it was when the Presidency began, but that was the reality. Today I can say that we are at a crossroads, Tusk said. We have to answer the question of whether we will walk the community road, or the road of national selshness. Either we ght for the future of Europe now, or cry for Europe tomorrow. The high-toned speeches of Rostowski, and especially Sikorski and Tusk, were not pure exercises in public speaking, but showed a level of frustration with eurozone leaders who had failed to come up with clear policies to save the zone from collaps-

ing under the weight of debt. As they underlined, if the rescue fails and protectionist policies take over in EU countries, it will be one of the worst days in Polands contemporary history. Crisis is good Economists who have been tracking Polands economic performance in the time of global crisis tend to stress that Poland has been different from other countries in Europe. According to Prof. Marek Belka, president of the National Bank of Poland, speaking at a conference at the Warsaw Stock Exchange in December, Poland is different because it did not fall into the boombust cycle in the last decade. Every other EU member state, except the Czech Republic and Slovakia, did so. Poland did not have any credit craze, and its credit growth was below the average for Central & Eastern Europe. Poland had stable GDP growth, unlike in the Baltic States, for instance, where one year the growth was 10% and the next it fell to -20%. Companies in Poland are very cautious about taking on commercial credit. Belka noted that the total value of credit taken out by companies in Poland was equivalent to 14.4% of Polands GDP In addition, it is es. timated that loans issued to companies in Poland by their parent companies abroad represent another 14% of Polands GDP . But even that 30% of GDP is a relatively low level of credit dependence, Belka said. And this is exactly what has kept Polands economy out of the boom-bust cycle. Another reason Polands economy has done relatively well during the global economic recession is that its economy is relatively closed to the outside worldsomething Poland inherited from its past. This is why economic shocks outside of Poland have only half as much impact on Polands economy as they do on the economies of Western Europe. With a relatively huge and strong domestic consumer market, Polands economy is relatively low in its dependence on exports, Belka said. Such countries as Hungary, Slovakia and the Czech Republic do not have the benet of strong internal markets. They suffer in a crisis as the de-

mand for their products drops in the countries they sell to. Belka also noted that Polands current account decit, although negative, is relatively low and stable. With the median variation within 1.5% over the last 10 years, Poland can claim to have the lowest and most predictable current account decit in Europe. Part of that success should be attributed to the inow of foreign direct investment to Poland and transfers of EU structural funds. Fdi is a must Sawomir Majman, president of the Polish Information and Foreign Investment Agency (PAIiIZ), a government institution that promotes inward investment and assists foreign investors in implementing their investment projects, is fond of pointing out that Poland is the biggest beneciary of the current economic crisis. Indeed, when the global economic crisis was in full swing, in 20092011, PAIiIZ saw through 131 investment projects worth a total of EUR 2.6 billion, creating 28,000 direct jobs and approximately 100,000 indirect jobs. On average, each project involved more than EUR 20 million and created 225 new jobs. The largest source, with 33 of those projects, was US companies. So when it comes to FDI inow, the crisis serves Poland well. While other EU countries have either too-high labor costs, a highly unionized workforce, and stagnation or actual depression of their internal consumer markets, Poland has none of that. For instance, at the end of last year, Polands consumer market had increased year-on-year. And despite their historical signicance, labor unions in Poland are weak, with only 15% of all employees belonging to a union, lack signicant leadership, and face organizational disarray. Salaries in Poland are generally lower than in Western Europe. In addition, companies with no foreign capital usually lack Western-style work organization, knowhow and technology. As a result, they are only a fraction as productive as companies with access to foreign capital. For instance, while companies in the pro-

Weencourage companies to sponsor our Business Mixers, CEO Forums, 4th of July Picnic and otherevents. Business Mixers YoucansponsorAmCham Business Mixers throughout 2012. To nd out more about sponsoring Business Mixers, visit, click on the Events & Activities link on the horizontal menu bar, and choose Business Mixers. CEO Forums A high-level discussion panel followed by a cocktailreception, for AmCham CEOs only, held just 3 times a year.To nd out more about AmCham CEO Forums, visit, click on the Events & Activities link on the horizontal menu bar, and choose CEO Forums. 4th of July Picnic To see pictures from last years picnic, go, click on the Events & Activities link on the horizontal menu bar, and choose 4th of July Picnic. Annual General Meeting & Christmas Reception in December To see pictures from the last AGM & Christmas Reception,go to, click on the Events & Activities link on the horizontal menu bar, and choose Annual General Meeting. Regional events In addition to Warsaw events, your company can also support AmCham activities inKrakw, Wrocawand Katowice. We are open for sponsorship of the following events: Our events in Krakw include two Business Mixers, IT Giants Conference, AmCham Academy Project; in Katowice, one Business Mixer and the Manufacturers Forum. For more information, please contact Monika Pilarska at +48 608 027 172 or Our events in Wrocaw include the AmCham Breakfast, twoBusinessMixers, Oktoberfest,and the International Christmas Mixer. For more information, please contact Joanna Bensz at +48 605 678 817 or For additional information contact Anita Kowalska at +48 22520 5994.





Cover Story
The state of the Polish economy
duction sector with foreign capital employ only 10% of Polands total workforce, they account for over 60% of Polands exports and over 30% of total R&D expenditures, according to Iwona Chojnowska-Haponik, director of the Client Service Department at PAIiIZ. She said that companies with foreign investment create more jobs on average: 175 per company vs. 92 for Polishowned companies. Then there is the labor market. Prof. Belka observed that the Polish labor market is one of the most exible in Europe, because of its specic salary structure. Some 30% of the total salary in Poland is composed of bonuses and other premium payments, Belka said. It is just enough to cut the bonus part to effectively cut wages. In addition, approximately 25% of all work contracts in Poland are xed-term contracts. Belka added that according to a study by the National Bank of Poland, pay expectations of the unemployed are in line with the market and are by no means exaggerated. But Belka is concerned by the fact that Polands economic growth is dependent on the inow of FDI. In 20002010 Poland was the only country in Central & Eastern Europe that was a net importer of capital taking in more money than it invested abroad. This process was especially intensive in the last few years. One can say Poland has been viewed by investors as a country of good investment prospects, Belka said. This helped the government balance the books in 2010 and 2011. But there is a downside to it. As a result, today Polands GDP growth is very sensitive to turbulence in FDI allocations. According to Deputy Prime Minister and Minister of Economy Waldemar Pawlak, FDI inow to Poland is a signicant element of keeping the countrys economic growth going at a time when the economy is agging globally. Pawlak is perfectly aware of the risks involved, however. He said in December that the government is lobbying hard in Brussels to extend the lifespan of Special Economic Zoneshavens for investors in Poland beyond the current sunset of 2020. Meanwhile, the government has extended the area of the zones, to a total of 15,000 hectares by the end of 2011. The SEZ is a very simple tool with which to aid investors, Pawlak said. It is our goal to boost the areas of Polish SEZs so a piece of a zone is in every Polish city, if possible. Pawlak also said that the government will dole out some EUR 730,000 million in 20112012 in nancial aid to investors in R&D and the innovative economy. It remains to be seen if all those measures and incentives are enough to keep attracting new FDI in the years to come. Currency dilemma When Poland signed the EU accession treaty, it pledged to join the group of countries who use the EUs common currency. However, no roadmap for joining the eurozone has ever been declared. Today, with the crisis in the eurozone edging toward apocalyptic dimensionsto use Radosaw Sikorskis wordsPolands remaining outside of the zone is almost universally viewed as a good thing. As Pawlak said, Poland has huge potential to be a good exporter because it is outside of the eurozone. Pawlak added that over the last few years, the Polish zoty grew signicantly weaker against the euro, which has kept Polish exports price-competitive. This is why Polish exports have grown steeply, especially after Poland joined the EU in 2004 and started to benet from the single market. In 2000, the contribution of exports to Polands GDP growth was 24%, but in 2011 it was 40%. Today, 80% of Polish exports go to other EU countries. Last year, Poland contributed 3.4% of all exports within the EU. In other words, with a exible PLN/EUR exchange rate, the Polish government could apply quasi-protective measures to help Polish companies be competitive in the EU market. This approach is hardly in the spirit of the European singlemarket economy. But there is also a downside to a weak zoty as well. While the exible exchange rate did help Polish products gain in price competition in eurozone countries, that worked well only for companies whose products use domestic-sourced components. The weak zoty did not benet the producers of complex, innovation-intensive products, which require components from abroad. (For more on this, see the article Power surge on page 20.) As a result, it is universally acknowledged that the role of innovation is underestimated in the Polish economy, and the country has found it difcult to sharpen the competitive edge of its economy in ways other than a weak zoty. Then come other problems. While exporters are more prone to discuss the benets of a exible exchange rate for boosting their sales abroad, more and more businesspeople complain about the burdens associated with having a local currency: exchange-rate risk, the need to peg transactions to the euro, and the administrative costs of keeping PLN and EUR books. Jacek Krawiec, CEO of the petroleum group PKN Orlen SA, said at the WSE conference, We are impacted by the PLN/EUR exchange rate in two areas: business operations and company nancing. In both areas we have to ensure the right policy vis--vis the exchange rate. Currently crude is quoted in dollars. The weak zoty does not impact the competitive position of Orlen in the market in Poland because everybody buys on the same market with the same currency. Orlen does not export very much. Thus, Krawiec said, The weak zoty does not help Orlen to have a competitive advantage. On the other hand, high oil prices weaken the zoty, which all means that the cost of energy goes up and inationary pressures grow. Krawiec added that in terms of nancing structure, Orlen shares the positives and negatives of the exchange rate with other companies: It is more important to have exchange-rate stability when you look at the nancing needs, and of course if Poland joined the zone this risk would be reduced instantly. At the same conference, Deputy Minister of Finance Maciej Grabowski said that there are more pros than cons when it comes to Polands entry into the eurozone. The zone is now in a mess, he admitted, but once the mess is cleaned up the benets of entering the zone will be clear to everybody. The benets include, rst, that Poland will have to adjust its economy to the eurozone entry criteria. Grabowski said that Poland is on the right track to reduce its decit by 1% by 2015. It also has no problem covering the cost of its debt. At the December conference, Henryka Bochniarz, CEO of Boeing Central and Eastern Europe, pointed to the political vs. economic aspects of Polands being outside of the eurozone. Being outside signicantly diminishes Polands impact on the future of the zone and consequently on the future of EU integration, she said. At this point, wait and see is about all we can do. Consumer condence PKN Orlens Krawiec noted that a weak zoty makes gas and oil companies, who purchase crude in USD, raise the prices of energy they sell in Poland. A liter of gasoline has been over PLN 5 for quite some time a level almost unimaginable two years ago. With this, and the average 5% increase in electricity prices in 2012, ination increases and consumer condence folds. This observation seems to be conrmed by a poll by TNS OBOP in mid-December, which revealed that 54% of Poles expect that their economic situation will not improve in 20122014, while only 13% expect it will. When asked about the state of the economy, 71% of the sample said it is in crisis, and 21% said the crisis is deep. In turn, 24% said the economy is growing, but only 2% saw it as dynamic growth. TNS OBOP noted that in the assessment of the economic situation in Poland, negative opinions grew by 11 percentage points from a similar poll a month earlier, while positive opinions decreased by 11 pp. Population in migration For years Poland has been branded as a country with low labor costs and a wide pool of talent available for the asking. This has somehow evolved. First, low salaries (and a weak zoty) encourage young people to take advantage of the free ow of labor within the EU. It is estimated that approximately 1 million Poles have gone to other EU countries to work. Certain skilled workers, such as welders, are hard to nd in Poland, a phenomenon that affects investors. But mobile Poles prefer to work in such countries as Portugal, Spain, and Greece, not to mention the UK, Germany, or Scandinavia, where they make much more. For Poland, lowwage status has its price. Another problem is demographics. In recent years it was often repeated that Poland has a large and well-educated workforce. PAIiIZ would often underline that Polish young people account for 1 in 10 universitylevel students in Europe. But this was a coincidence. As compared with other EU states, Poland had an extra wave of population growth as an indirect effect of the introduction of martial law in 1981, when people were forced to stay home with little to do. People born in the early 1980s hit the labor market around 2000. No new surplus of young Poles is available. In its demographics, Poland will now be like any other EU countryaging. According to the Strategy for the Development of University Education compiled for the Ministry of Science and Higher Education by the Institute of Market Economy and Ernst & Young Business Advisory, the number of Poles age 1825 will drop by 1.5 million in 20082020. In 2010 there were 1.8 million students in public and private universities, but it is estimated that by 2020 the public universities alone would be able to accommodate all of the students in Poland. This is something that private schools are growing increasingly aware of. In December one of the top-rated private universities in Poland, National Louis University in Nowy Scz, sold out to new investors. The school had generated a debt of PLN 17 million. According to Rector Krzysztof Pawowski, there were two reasons the school failed to attract enough new students: poor demographics and competition from other universities in the EU. Demographics trigger more problems. As Henryka Bochniarz observed, there is no doubt Poland will have to reform its social insurance system, something no government in the recent past has attempted to do. The Tusk government has already announced it will undertake this task. But a deepening crisis in the eurozone, not to mention a breakup of the zone, would probably thwart those plans. Good to go In December the rating agency Moodys maintained Polands rating at A2, with a stable forecast. The agency announced that Polands economy is resistant to external shocks and has a credible policy for scal consolidation, plus it has secured itself access to a money bloodline from the International Monetary Fund, if the need arises. Moodys analysts did nd three factors that are holding Poland back from achieving its economic growth potential: the level of savings and investments is well below the median for A-rated countries, Polands infrastructure is relatively underdeveloped, and the costs of doing business are high. Moodys also said that Polands rating could have been higher if it had a lower budget decit and less public debt. Maciej Grabowski made it clear: Polands budget decit hit the ceiling in 2010, at 7.8% of GDP The source of the problem is . slumping tax revenue, triggered by the economic crisis in Europe. According to the OECD, Polands tax revenue, per capita, matches that of Canada or New Zealand and is above that generated by Greece, Portugal and Spain, but not by much. As a result, Poland will have to raise some of its taxes to keep the budget on the safe side in the future. Grabowski added that when it comes to state budget revenues, EU funds are a game-changer. Without the EU funds, the 2011 budget would have contained the lowest expenditures in relation to Polands GDP in 20 years, Grabowski said. This shows that the government is trying to raise Polands scal credibility by reducing expenditures which are not a must-have. Grabowski stressed that the 2012 budget will work only if Polands GDP growth remains at around 2.5%. With any troubles in the eurozone, he added, this will not come together. Beneting from the crisis Prof. Witold Orowski, chief economist at PwC, said that Poland is most successful at making up ground not when the global economy is robust but when it is agging. In the last 20 years, Polands largest singleyear leap in bridging the gap in per capita GDP with Western Europe took place in 2009, when the global economic crisis was in full swing. That year Poland cut the gap by 7 percentage points. It was not because Polands GDP growth was huge, Orowski explained. In fact, it was mediocre at 2 pp. But at the same time, Western Europe saw a 5 pp drop in their GDP growth. Last year Poland cut the GDP gap further, from 42% of that in Western Europe (average for the old EU 15) to 45%. Orowski said that the numbers show Poland is best in catching up with the West when the economy is poor rather than good. This is exactly what Poland hopes to see continue in the coming years. Orowski explained that the problem of the large amount of debt generated by Western Europe can be solved in many different ways. The indebted countries may default on their debt, or the European Central Bank can allow ination to increase in the eurozone. Another way is for rich countries to pump more euros into the indebted countries and make sure they pay off their debt. Poland is in favor of this scenario because it not only means that Polands largest trading partner, Germany, will see its money paid back, but also that other countries, such as Greece, Spain, Portugal, and Italy, will struggle hard to pay off their debts, which in turn will suppress their per capita GDP growth and help Poland catch up with the West. It seems that the Poles have masterminded the art of beneting from global crises. In the early 20th century, they managed to take advantage of World War I to reestablish Poland as an independent state. Today they have done their best to benet from the largest global economic crisis since the Great Depression to reestablish Poland on the economic map of Europe. While it is a gamble, given the number of factors Poland has no inuence on, it is a wise bet. When the global economy is booming, Poland has little chance to catch up with Western economies because they develop at a much faster pace. Polands economy is a subcompact ticking along at 50 km/h while the West is a luxury sedan zooming at 120 km/h. When the global economy is strong, the high-performance car accelerates with ease, leaving the small car in the dust. When the economy is weak, which happened in 2009, the big car slows down to save fuel. In terms of GPD per capita growth, in 2009 the big car slowed down from 120 to 115 km/h. At the same time the small car accelerated from 50 to 52. The acceleration was possible not thanks to the efciency of its small motor, which is an outdated, fuelthirsty design, but thanks to the windshield the big car extended over itthe effect of EU funds and FDI inow. For Poland to compete in times of global economic growth is much more difcult. It will take a few decades to see the difference. Long live the crisis! was reportedly the New Years Eve toast of Polish government memberssoon followed by the New Years resolution, Pray it does not deepen. Tomasz wiok





Monthly Meeting
November 2011
it a fun time for soccer enthusiasts who visit Poland, so they take home pleasant memories and spread the good word about Poland. Herra said that PL.2012 commissioned a study on how Poland is perceived in public opinion in 14 European countries. He said people in Manchester, for example, have a picture of Poland that dates back to the 1980s. Its as if they learned about Poland from their grandparents, Herra said. Euro 2012 offers opportunities to change the way Poland is perceived across Europe and around the world. He added that the event will bring to Poland about a million guests from 70 countries the world over, plus several thousand journalists. Their experience in Poland is one of the most important things for Polands image after the event. Part of the positive thinking challenge that PL.2012 is in charge of implementing is an integrated ticket for foreigners who buy accommodations in Poland for the eventdubbed the Polish Pass. As Herra explained, The holders of the pass will get a single ticket for all types of transportation, in all host cities and between them. Insurance comes with a premium price with the pass. The pass is meant to help foreigners feel secure in Poland during the tournament. Another program aimed at foreigners will reach them as an app on their smartphones, from a dedicated website called the Polish Guide. Come April 2012, six different language versions to choose from will carry practical information about Poland, to help smartphone users find their way around the host cities. Herra mentioned that security measures are a vital part of the whole event execution. Detailed plans are still in the making, and as of the November AmCham meeting it was not known yet which teams would play in which cities. Herra said for instance that if the Dutch, known for being particularly eager to follow the team, play Poland in Gdask, some 100,000 of them may turn out because the Netherlands is not very far away from Gdask. But, Herra said, If we have Germany v. the Netherlands in Gdask, it is going to be even more challenging, and a completely different scenario for handling fans may evolve. Counting money The long-term effect for boosting incoming tourism to Poland following the event is a key issue. When it comes to foreign soccer fans, PL.2012 estimates that their average stay in Poland will not exceed a few days. PL.2012 also estimates that the total revenue from foreign visitors during the tournament will be over EUR 200 million. But the true measure of Euro 2012s commercial success will come later. The event is expected to move Poland up one notch on the scale of the Country Attractiveness Index, a tourism industry standard that assigns points to countries based on how many foreign tourists they attract. Moving up one place would translate into 500,000 more incoming foreigners a year. We assume that after the tournament Poland will match Hungary on the index, Herra said. If we achieve this, it will have a snowball effect. For the next 8 years there will be 500,000 more tourists each year visiting Poland, which will translate into additional revenue of more than EUR 1 billion over that period. Positive vibrations Herra said that organizing Euro 2012-related projects is all about teamwork, which involves the cooperation of many different agencies and institutions. This makes it an unprecedented enterprise, because never before has such a huge collaborative effort been required. In Poland, however, its easier to talk the teamwork talk than walk the teamwork walk, because there are so many institutions that have always worked separately. Now each of them contributes a small piece of work, which together makes up the whole picture, Herra said. Successful continuation of the cooperation has been possible not only thanks to peoples determination to succeed, but also thanks to the application of the most modern work management programs. We use project portfolio management systems, Herra explained, and are in touch with one another through online applications and workflow management platforms. Thanks to IT, Herra is able to check the status of each individual project implementation at any time and see how far from accomplishment each project is. This knowhow is a very important lesson Poland is learning, and hopefully it will be able to benefit from the experience in the future. Herra said that if the event is a success, Poland will join the family of countries that are able to organize big international events, which may have an application in business as well: It is about reliability and trust. Self-confidence All of the projects that PL.2012 coordinates add up to the largest investment operation in Poland ever. Herra said that when Poland and Ukraine won the right to host Euro 2012 four years ago, public opinion in Poland was rather skeptical of Polands capacity to handle all the projects competently and deliver them on time. While such skepticism was understandable, given the unprecedented range and scale of the preparations, Herra complained about the lack of a

Meet the speaker

Photo: P. Mamcarz, Courtesy of PL.2012

A great catalyst
Euro 2012 will help Poland grow its economy in many different ways
he investment projects that are a must-have for seamless execution of the Polish part of the Euro 2012 soccer championship will contribute to the nations economic development years after the event, according to Marcin Herra, CEO of PL.2012, the publicly-owned company that supervises investment projects and everything else connected with hosting the tournament in Poland. Herra was the guest speaker at the AmCham Monthly Breakfast in November, where he said that big infrastructure projects, such as new highways and rail connections between the Euro 2012 host cities, were completed an average of 5 years earlier than they would have been if it were not for the tournament. They are expected to generate a surplus of PLN 25 billion in the first eight years following the tournament, according to independent studies by Polands leading business schools, such as the Warsaw School of Economics. For instance, the railway tunnel that will link Warsaw Chopin Airport with the main

The National Stadium, PL.2012s agship investment, is one of over 200 projects for Euro 2012 supervised by the agency taken many years to come was in fact achieved within the last four years. Out of the numerous investment projects PL.2012 supervises, worth a combined PLN 100 billion, over 180 are financed from public funds. Of this number, 83 are deemed to be of key importance: the construction of five stadiums where the tournaments will take place; air transportation infrastructure in the host cities, including boosting traffic processing capacity at the airports and upgrading all airport terminals; and other transportation infrastructure, including roads within the host cities as well as intercity connections by road and rail between them. Herra noted that while 90% of the key projects are in the execution phaseat a total cost of PLN 80 billionluckily enough Poland does not need to shoulder the cost of all the investments by itself. As a new EU member, the country has drawn on EU funds it had available under the 2007 2013 financial perspective. It was a fortunate coincidence, without which Poland would have found it much more difficult to bear the cost of all Euro 2012 investments in such a short time. Have fun! While the new infrastructure is vital, it is only part of the whole Euro 2012 project. An important aspect of the event is to make

commuter hub in downtown Warsaw was partially built four years ago, but never finished, because the city always had something more urgent to spend its money on. With Euro 2012 on the horizon, the connection suddenly got top priority and was finished within the last three years. Train travelers between Warsaw and Gdask will also benefit from the tournament, as the trip will be shortened from 7 hours to below 4 hours thanks to Euro 2012. Without the tournament the travel time would have been cut sooner or later, but nobody knew when. Among the 200+ investment projects that PL.2012 is in charge of, the Warsaw tunnel is not unusual. But the imminence of Euro 2012, scheduled for June 8 July 1, 2012, provided a backstop for planners, beyond which, obviously, it will be too late to improve on anything. The deadline also worked as a great motivating factor for all the government agencies that are involved in the preparations, and other stakeholders, to do their best to deliver. What would have

MARCIN HERRA earned a law degree and an MBA at the Gdask University of Technology. His professional career started in 1995, when he managed a gas station for the Lotos Group. At Lotos, Herra climbed to the position of sales and marketing division manager. In 2001 Herra became development and operations director for Lotos Paliwa Sp. z o.o., and in 20022005 he served as CEO. In 2005 he served as counsel to the CEO of Lotos SA, and in 2006 he was named as counsel to the GM of sales at Lotos Group. In February 2008 Herra was named CEO of PL.2012.
positive outlook. He said that PL.2012 is faced with new problems and difficult issues coming up almost every day. But because of the experience the company has already had and the operational principles it has managed to stick to, problems are dealt with successfully as soon as they appear. This is also thanks to his personal attitude toward preparing for Euro 2012, which is shared by all of the people at PL.2012. It is difficult, he admitted, and involves a lot of risks and a lot of challenges. Thats why one cannot approach such a huge project without a healthy dose of optimism. *





Manufacturers Forum
manufacturers business was optimistic, the second part of the forum, devoted to the growing prices of electricity, short-circuited the speakers optimism. The notion of discussing the effects of high energy prices on energy-intensive businesses, such as steel and chemical plants, was raised by Jerzy Kozicz, CEO of steel plant CMC Zawiercie. In his introductory presentation, Kozicz said that while the Polish metallurgical sector has come a long way, from a backwater 20 years ago to a high-performance steel sector, it has failed to attract enough loving care from lawmakers. Their help is needed to safeguard the industry with preferential pricing schemes for electricity. While energy-intensive industries in nearly all EU states are protected from bearing the full brunt of electricity costs, in the form of taxes and semi-taxes that comprise a huge part of the total electric bill, energy-intensive companies in Poland do not have any offset system to resort to. Stefan Dzienniak, a member of the management board of ArcelorMittal Poland SA, said that the steel market in Poland is an open one, and domestic producers face competition not only from Slovakia, the Czech Republic, Germany, Russia and Ukraine, but also China, India and South Korea. Meanwhile, the industry relies solely on domestic producers for its supply of electricity. They do not offer very much choice when it comes to discounts for bulk buyers. To the contrary, they predict steep growth in prices in the years to come. Faced with that forecast, large energy users, such as steel mills, know they will not be able to shift the growing costs to buyers, because if they do they will not be attractive against their foreign competitors. Dzienniak said that while some metallurgical conglomerates contemplate ideas for starting to produce their own electricity, others plan to relocate outside of Poland to remain in business. The metallurgical sector in Poland supports 25,000 jobs directly and 100,000 125,000 jobs indirectly. Speaker Zbigniew Liptak from Ernst & Young said that the European Commission has a full understanding of the specific situation energy-intensive companies are in when it comes to buying electricity, and this is why the commission left it up to the member states to decide how much excise tax they think it is appropriate to charge businesses through their electricity bills so long as it is not less than EUR 0.50 per MWh. While nearly all EU member states apply a wide spectrum of preferential excise tax rates for industrial energy buyers, Poland charges EUR 5.80 per MWh, a terrible financial burden for companies whose electricity consumption is comparable of Continued on page 25...

AmCham Membership Directory 2012

Corporate Members
Alphabetical list of AmCham corporate members, as of December 15, 2011.
Person in charge Xavier Douellou Position Managing Director Company website No Company Name 1. 3M POLAND Sp. z o.o. A 2. ABBOTT LABORATORIES POLAND Sp. z o.o. 3. ACCENTURE Sp. z o.o. 4. ACCREO TAXAND Sp. z o.o. 5. ACE EUROPEAN GROUP LIMITED 6. ACXIOM POLSKA Sp. z o.o. 7. ADECCO POLAND Sp. z o.o. 8. ADVENT INTERNATIONAL Sp. z o.o. 9. AECOM Sp. z o.o. 10. AES POLAND WIND Sp. z o.o. 11. AGRI PLUS S.A. GROUP 12. AGS Warsaw 13. AIG/LINCOLN POLSKA Sp. z o.o. 14. AIR PRODUCTS Sp z o.o. 15. ALCATEL-LUCENT POLSKA S.A. 16. ALPHA HR SOLUTIONS Sp. z o.o. 17. ALVAREZ & MARSAL POLAND Sp. z o.o. 18. AMERICAN EXPRESS 19. AMREST Sp. z o.o. 20. AMERICAN SCHOOL OF WARSAW 21. AMGEN Sp. z o.o. 22. AMWAY BUSINESS CENTRE-EUROPE Sp. z o.o. 23. AMWAY Polska 24. ANIMEX Sp. z o.o. 25. ANTENNA VOLANTIS LIMITED Sp. z o.o. 26. APCO WORLDWIDE Sp. z o.o. 27. APOLLO-RIDA POLAND Sp. z o.o. 28. ARUP 29. AVAYA POLAND Sp. z o.o. 30. AVIS 31. AVON COSMETICS POLSKA Sp. z o.o. B 32. BAE SYSTEMS (POLAND) Sp. z o.o. 33. BAKER & MCKENZIE Krzyowski i Wsplnicy Sp. k. 34. BAKER TILLY POLAND Sp. z o.o. 35. BANK BPH SA 36. BANK HANDLOWY W WARSZAWIE SA 37. BANK POLSKA KASA OPIEKI S.A. 38. BANK ZACHODNI WBK S.A. 39. BANKOMAT 24/EURONET Sp. z o.o. 40. BASELL ORLEN POLYOLEFINS Sp. z o.o. 41. BAXTER POLAND Sp. z o.o. 42. BEST WESTERN HOTELS FINLAND 43. BIS INDUSTRIETECHNIK Polska Sp. z o.o. 44. BMW GROUP 45. BNK Polska Sp.z o.o. 46. BOEING INTERNATIONAL CORPORATION 47. BOSE Sp. z o.o. 48. BOSTON CONSULTING GROUP Sp. z o.o. 49. BOSTON SCIENTIFIC POLSKA Sp. z o.o. 50. BOVIS LEND LEASE Sp. z o.o. 51. BP POLSKA Sp. z o.o. 52. BPI POLSKA Sp. z o.o. 53. BRISTOLMYERS SQUIBB POLSKA Sp. z o.o. 54. BROWAR NAMYSW Sp. z o.o. 55. BROWARY REGIONALNE OMA Sp. z o.o. 56. BROWN-FORMAN POLSKA Sp. z o.o. C 57. C.H. ROBINSON POLAND Sp. z o.o. 58. CA Sp. z o.o. 59. CAN PACK S.A. 60. CAPGEMINI POLSKA Sp. z o.o. 61. CATERPILLAR FINANCIAL SERVICES POLAND Sp. z o.o. 62. CBRE Sp. z o.o. 63. CDM 64. CEC GOVERNMENT RELATIONS Sp. z o.o. 65. CEERES Sp. z o.o. 66. CELLANTENNA Sp. z o.o. 67. CENTRAL EUROPEAN DISTRIBUTION CORPORATION 68. CGI Information Systems and Management Consultants (Polska) 69. CH2M HILL POLSKA Ltd Sp. z o.o. 70. CHADBOURNE & PARKE LLP 71. CHARTIS EUROPE S.A. 72. CHEVRON POLSKA ENERGY RESOURCES Sp. z o.o. 73. CISCO SYSTEMS POLAND Sp. z o.o. 74. CITRIX SYSTEMS POLAND Sp. z o.o. 75. CLIFFORD CHANCE, Janicka, Kruewski, Namiotkiewicz i Wsplnicy Sp. k. 76. CMC ZAWIERCIE S.A. 77. CMS CAMERON MCKENNA Dariusz Greszta Sp. k. 78. COCA-COLA POLAND SERVICES Sp. z o.o. 79. COLGATE-PALMOLIVE POLAND Sp. z o.o. 80. COLLIERS INTERNATIONAL POLAND Sp. z o.o. Jarosaw Oleszczuk General Manager Jarosaw Kroc Managing Director Jarosaw Antosik Member of the Management Board, Partner Przemysaw Owczarek Director Agata Szeliga Staszkiewicz Member of the Board Anna Wicha Country Manager Monika Morali Enowicz General Director Pawe Fert Country Manager Krzysztof Pilch Senior Project Manager Louis Cerdan Ibanez President Antoine Duquesnay Polish Branch Manager Brian D. Patterson Managing Partner Piotr Wieczorek Member of the Board Andrzej Dulka President of the Board Maciej Gwd Business Development Director Thomas Kolaja Member of the Board Zbigniew Filipowicz Country Manager Henry McGovern CEO & President Tony Gerlicz Director Krzysztof Adamcewicz Corporate Affairs Director Przemysaw Siuda General Manager Leszek Krcielewski General Director Europe Andrzej Pawelczak PR Director Jarosaw Malanka Branch Director Tony Housh Senior Counselor David Mitzner President Andrzej Sitko Director Wojciech Gaewski Chairman Radosaw Lesiak Vice President Orlando Andrei Commercian Executive Director, Poland and Nordics David Burgess Managing Director Marcin Gmaj Managing Partner Joe Smoczyski Partner, President of the Board Richard Gaskin President Sawomir S. Sikora President, CEO Cezary Wgierski Communication & Marketing Support Ofce Artur Chodacki Corporate Banking Director Marek Szarski President Steve Dwyer PR Manager Pawe elewski General Manager Saija Kekkonen CEO Managing Director Wieslaw Kempa Managing Director Andreas Biehler Managing Director Jacek Wrblewski Country Manager Henryka Bochniarz President, CEE Witold Lisowski General Manager Kevin J. Waddell Partner Marcin Gobicki Regional Director Poland, Eastern Europe & Central Asia Artur Dziubak Business Development Manager Bogdan Kucharski General Manager Micha Kurtyka President Gianluigi Lisi General Manager Ryan Gostomski Chairman of the Board Ryszard Czopik Chairman of the Board Andrzej Janota Managing Director n/a Joseph Kozlak Branch Manager Micha Furman Country Manager Magorzata Podrecka Legal Counsel Frank Wagenbauer CEO Jarosaw Myszkowski Country Manager Colin Waddell Managing Director Magdalena A. Pavlak-Chiaradia Program Manager Marek Matraszek Director and Founding Partner Randy Michael Mott President Renata Schluss Vice President William Carey President & CEO Dariusz Gorze General Manager Ruben Robles Vice President Wodzimierz Radzikowski Managing Partner Agnieszka odziowska-Kulig Member of the Management Board John Claussen Country Manager Poland Dariusz Fabiszewski General Manager Artur Cyganek Country Manager Nick Fletcher Managing Partner Jerzy Kozicz Chairman of the Management Board Andrew Kozlowski Managing Partner Paul Woodward Operations Director, Northern Central Europe Wojciech Krl General Manager Monika Rajska Woliska Deputy Managing Partner

Image: Suat Eman /

Without preferential pricing for energy-intensive businesses, metallurgy may become extinct in Poland within a few years

Power surge
While Polands manufacturers have gured out how to survive in a down market, there is one barrier they cannot leap over without a little help: electricity prices
he 5th Manufacturers Forum, an annual AmCham conference designed to serve as a platform for experience sharing among professionals from the manufacturing sector, revolved around two issues: how to take competitive advantage of the specific situation of Polands growing economy, and how to deal with rising electricity costs. The consensus was that if Polish lawmakers do not rein in power prices, it may have drastic consequences for the competitiveness of the metallurgical sector in Poland. excellence rules According to panelist Piotr Gska, CEO of Cooper Standard Automotive, the company has won new business because of the high technological standards it was able to achieve in Poland. With 26 new product launches in the pipeline in Poland, the company is evolving from pure manufacturing into an R&D facility as well, because, as Gska put it, intellectual capacity is much more difficult to relocate than a simple production line. Marek Rajca, CEO of Silgan White Cap Polska, a food packaging company, underlined the importance of technical and technological staff. The engineers in Poland took the breath away from the company's

top bosses when they were able to build a new hall in Poland in 5 months starting in the winter, and rolled out new production lines in quite competitive time. Sawomir Szpak, GM of Rockwell Automation, echoed this view, saying that staff with a flexible skill set can successfully cover different production areas and respond quickly to changes in product orders. Thus he regards cross-training as a key to squeezing the most out of workers intellectual capacity. Szpak also said that regardless of the macro economy, a manufacturing enterprise should constantly focus on improving the areas it does control. For instance, the high quality standards in Poland may be enough to offset lower labor costs in low-labor-cost countries and eventually increase the confidence of the companys owners in the potential of their Polish operations. This in turn may lead the honchos to stream some investments into Poland, which will mean more years in business for Rockwells manufacturing here. This was the case with the companys factory in Katowice, which recently was scheduled for a 50% increase in capacity. Power menace While the news from the front lines of the



AmCham Membership Directory 2012

No Company Name 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. Person in charge Position Company website CONOCOPHILLIPS E&P POLAND Sp. z o.o. Laurie St. Aubin President of the Board COOPER STANDARD AUTOMOTIVE POLSKA Sp. z o.o. Piotr Gska Director of Operations Poland COPERNICUS FOUNDATION IN POLAND Jerzy Bystrowski Director of the Board COURTYARD BY MARRIOTT WARSAW AIRPORT Pawe Pytlakowski Senior Sales Manager CPC EXECUTIVE SEARCH Janina Obniska Managing Partner CREDIT SUISSE (POLAND) Sp. z o.o. Marek Gul Country Manager CRESTCOM INTERNATIONAL Andrzej Kuras Partner CROWLEY DATA POLAND Sp. z o.o. Jarosaw Roszkowski President, CEO CURB-TEC EUROPE Sp. j. Chris Hutchinson CEO CURVER POLAND Sp. z o.o. Piotr Roman Serbiski Operations Manager CUSHMAN & WAKEFIELD POLSKA Sp. z o.o. Richard Petersen Managing Partner D Pablo Martinez General Manager 92. DALE CARNEGIE TRAINING Piotr Kocioek Managing Partner 93. DBM 94. DEBENEDETTI MAJEWSKI SZCZENIAK Kancelaria Prawnicza Sp.K. David DeBenedetti Partner Maciej Filipkowski Managing Director 95. DELL Sp. z o.o. 96. DELOITTE Marek Metrycki Ofce Managing Partner Dariusz Adamek Country Director 97. DELPHI POLAND S.A. Jarosaw Grzesiak Managing Partner 98. DEWEY & LEBOEUF 99. DIRECT COMMUNICATION Sp. z o.o. Angelo Pressello President Krzysztof Wiater Managing Partner 100. DLA PIPER WIATER sp.k. 101. DOW CORNING POLSKA Sp. z o.o. Leonidas Kolaitis Director Operations Central & Eastern Europe Tomasz Chlebicki Managing Director 102. DOW POLSKA Sp. z o.o. 103. DUPONT POLAND Sp. z o.o. Thierry Marin Director - Central Europe E 104. EC HARRIS Sp. z o.o. Marcin Klammer Partner 105. EDELMAN POLSKA Sp. z o.o. Barbara Kwiecie Chairman of the Board, General Manager 106. EEZ Sp. z o.o. Krystian Stachowiak President of the Management Board 107. EGON ZEHNDER INTERNATIONAL Sp. z o.o. Borysaw Czyak President Tomy Vahevaara Managing Director 108. ELI LILLY POLSKA Sp. z o.o. 109. EMC COMPUTER SYSTEMS POLAND Sp. z o.o. Dariusz Chwiejczak Country Manager TER SOLUTIONS Sp. z o.o. T omasz Kosik Sales Director Central & Eastern Europe 110. EMERSON PROCESS MANAGEMENT POWER AND WA 111. ENTERPRISE INVESTORS Jacek Siwicki President Jerzy A. Koajtis Principal 112. ENVIRON POLAND Sp. z o.o. 113. EPSTEIN Sp. z o.o. Janusz T. Lichocki President Duleep Aluwihare Country Managing Partner 114. ERNST & YOUNG S.A. 115. ESTEE LAUDER POLAND Sp. z o.o. Magdalena Kamiska General Manager 116. EURODENTAL Ltd. Micha Siciski President 117. EUROMEDIC INTERNATIONAL POLSKA Sp. z o.o. Piotr Janicki President of the Board 118. EUROMONEY POLSKA S.A. Martin Bauer President 119. EXPRESS MAP POLSKA Sp. z o.o. Janusz Przeorek President 120. EXXONMOBIL POLAND Sp. z o.o. Ville Ylosjoki Poland Lead Country Manager No Company Name 162. HONEYWELL Sp. z o.o. 163. HYATT REGENCY WARSAW I 164. IBM POLSKA Sp. z o.o. 165. ILOOP MOBILE INC. 166. IMPERIAL CINEPIX Sp. z o.o. 167. INSTANT POLSKA Sp. z o.o. 168. INTEL TECHNOLOGY POLAND Sp. z o.o. 169. INTERCONTINENTAL HOTEL WARSZAWA 170. INTERNATIONAL HERALD TRIBUNE 171. INTERNATIONAL PAPER POLSKA Sp. z o.o. 172. IRON MOUNTAIN POLSKA Sp. z o.o. 173. IT WORKS SA J 174. JAVA COFFEE COMPANY Sp. z o.o. 175. JOHNSON & JOHNSON POLAND Sp. z o.o. K 176. K&L GATES 177. KAJIMA POLAND Sp. z o.o. 178. KAUYSKI & MADEJA Sp. z o.o. 179. KATO LABS Sp. z o.o. 180. KELLY SERVICES POLAND Sp. z o.o. 181. KLINEMAN ROSE & WOLF POLAND Sp. z o.o. 182. KPMG Sp. z o.o. 183. KRAFT FOODS POLSKA S.A. 184. KREVOX EUROPEAN ENVIRONMENTAL CENTRE 185. KROLL ONTRACK Sp. z o.o. 186. KULCZYK INVESTMENTS 187. KULCZYK SILVERSTEIN PROPERTIES Sp. z o.o. L, 188. LE ROYAL MERIDIEN BRISTOL 189. LEASEPLAN FLEET MANAGEMENT (POLSKA) Sp. z o.o. 190. LEMNA INTERNATIONAL, INC. 191. LEVI STRAUSS POLAND Sp. z o.o. 192. LIONBRIDGE POLAND Sp. z o.o. 193. LITTLE LEAGUE BASEBALL & SOFTBALL EMEA Region 194. LOCKHEED MARTIN GLOBAL INC. S.A. 195. LYNKA PROMOTIONAL SOLUTIONS 196. ASZCZUK I WSPLNICY sp.k. M 197. MAERSK POLSKA Sp. z o.o. 198. MA MAISON LE REGINA HOTEL 199. MANPOWER GROUP 200. MARATHON OIL POLSKA Sp. z o.o. 201. MARRIOTT HOTEL 202. MARS POLSKA Sp. z o.o. 203. MARSH Sp. z o.o. 204. MARY KAY COSMETICS POLAND Sp. z o.o. 205. MASSIVE DESIGN Sp. z o.o. 206. MATTEL POLAND Sp. z o.o. 207. MAZARS POLSKA Sp. z o.o. 208. McDONALD'S POLSKA Sp. z o.o. 209. MCKINSEY & COMPANY POLAND Sp. z o.o. 210. MEDICOVER Sp. z o.o. 211. MEDTRONIC POLAND Sp. z o.o. 212. METLIFE AMPLICO 213. METROPOLITAN ZOOS Sp. z o.o. 214. MEYER TOOL POLAND 215. MICHAEL PAGE INTERNATIONAL (POLAND) Sp. z o.o. 216. MICROSOFT Sp. z o.o. 217. MILLER, CANFIELD, W Babicki, A. Chechowski i Wsplnicy Sp. k. . 218. MISZERAK & ASSOCIATES Sp. z o.o. 219. MITSUBISHI CORPORATION 220. MODE ORY S.A. 221. MONITOR GROUP 222. MOTOROLA MOBILITY Sp. z o.o. 223. MOTOROLA SOLUTIONS POLSKA Sp z o.o. 224. MSD POLSKA Sp. z o.o. N 225. NALCO MOBOTEC POLSKA Sp. z o.o. 226. NARODOWY FUNDUSZ INWESTYCYJNY OCTAVA S.A. 227. NCR Polska Sp. z o.o. 228. NEUMANN LEADERSHIP POLAND Sp. z o.o. 229. NEW GAS S.A. 230. NORDSON POLSKA Sp. z o.o. 231. NORTON ROSE Piotr Strawa i Wsplnicy Sp. k. 232. NOVARTIS POLAND Sp. z o.o. O, P 233. ORANGE PRODUCTS EUROPE Sp. z o.o. 234. ORCO PROPERTY GROUP 235. OTIS Sp. z o.o. 236. PANATTONI EUROPE 237. PARSONS BRINCKERHOFF 238. PEPSI COLA GENERAL BOTTLERS Sp. z o.o. 239. PFIZER POLSKA Sp. z o.o. 240. PHILIP MORRIS POLSKA 241. PITTSBURGH GLASS WORKS (POLAND) Sp. z o.o. Person in charge Wojciech Krajewski Heddo Siebs Anna Sieko Magdalena Bicz Sunil R. Shah Anthony Narushka Tomasz Klekowski Christian Henkemeier Carina Pierre Rochard Tomasz Berbeka Iwona Waach Leszek Rodeski Glen S. Gregory Magdalena Skopiska Maciej Jamka Koji Oura Richard Kauyski Janusz Woejko Agnieszka Walter Tomasz Barylski Peter Kay Stefan Golonka T adeusz G. Krelewski Marek Suczyk Dariusz Mioduski Piotr Krawczyski Position Chairman General Manager General Director Director President General Manager Territory Manager CEE General Manager Regional Director President of the Board Commercial Director President CEO & President Managing Director Managing Partner General Manager Managing Director President Country General Manager President Partner General Manager General Director Managing Director President of the Management Board Managing Director Company website

Michael Goerdt Director General Sawomir Wontrucki Managing Director Viet Ngo President & CEO Dorota Gutkowska General Manager Eastern Europe & President Jacek Stryczyski Country Manager Poland & Slovakia, President Beata Kaszuba EMEA Region Director Robert Orzyowski Executive Director John Lynch President Justyna Szpara Managing Partner Jeff Jarosaw Gociniak General Manager Agnieszka Naumiuk Sales & Marketing Manager Iwona Janas General Director Carl R Hubacher Director Albert Helms General Manager Jarosaw Kutelski Corporate Affairs Director Richard Radford President Ewa Kudliska-Pyrz General Manager Przemysaw Stopa President, Architect Sanjay Luthra Finance Manager Michel Kiviatkowski Managing Partner Piotr Jucha Managing Director Daniel Boniecki Managing Director Loic Fretard Director of Medicover Hospital Wojciech Jeewski Finance Manager ukasz Kalinowski CEO Jonathan Campion President Micha Skowski Finance Drector Jerome Lafuite Managing Director Jacek Murawski Prezes Richard Walawender Senior Partner Martin Miszerak CEO Kunihiko Uchimura General Director Magdalena Mirski Member of the Supervisory Board Alexander King Associate Partner Arek Zawada Regional Sales Director Ewa Porbska President ukasz Zybaczyski General Director Piotr Hajewski Piotr Rymaszewski Baromiej liwa Marek Ambroziak Jakub Kostecki Jarosaw Rutkowski Piotr Strawa Georg Schrockenfuchs Sales Director President President of the Board Partner CEO General Manager Managing Partner General Manager

F 121. FCM TRAVEL EXPRESS Sp. z o.o. Tim Hyland Managing Director 122. FEDERAL EXPRESS POLAND Sp. z o.o. Michael Muehlberger President 123. FEDEX TRADE NETWORKS TRANSPORT & BROKERAGE (POLAND) Sp. z o.o. Micha Rene Country Manager Poland 124. FINACORP (POLSKA) Sp. z o.o. Stan Popow Managing Partner 125. FIRESTONE INDUSTRIAL PRODUCTS POLAND Sp. z o.o. Piotr Bogaczyski Plant Manager 126. FISERV POLSKA Sp. z o.o. Aleksandra Gren General Director 127. FLEISHMANHILLARD Sp. z o.o. Julia Kozak Managing Director 128. FLUOR S.A. Dave Gibson General Manager 129. FOCUS RESEARCH Sp. z o.o. Richard A. abiski President, General Manager 130. FOREVER LIVING PRODUCTS POLAND Sp. z o.o. Jacek Kandefer Managing Director 131. FOSTER WHEELER ENERGIA POLSKA Jarosaw Mlonka President & CEO 132. FRANKLINCOVEY CEE (DOOR Poland Group) Marek Choim Group President 133. FRITO-LAY POLAND Sp. z o.o. Magorzata Skonieczna Public & Government Affairs Director 134. FUNDACJA TECHSOUP Nick Eyre President G 135. GE INTERNATIONAL SA, Oddzia w Polsce Lesaw Kuzaj GE Regional Executive for Central Europe 136. GENERAL MOTORS POLAND Peter Fahrni Manufacturing Director, 137. GENZYME POLSKA Sp. z o.o. Pawe Mikiewicz General Manager 138. GILEAD SCIENCES POLAND Sp. z o.o. Micha Kamierski General Manager, Member of the Board 139. GLADSTONE POLSKA Sp. z o.o. Donal Charles Bailey Business Development Manager 140. GOODYEAR DUNLOP TIRES POLSKA Sp. z o.o. Jacek Pryczek President & Managing Director 141. GOOGLE POLAND Sp. z o.o. Artur Waliszewski Country Manager 142. GRAS SAVOYE POLSKA Sp. z o.o. Alexander Leszek Konopka President of the Management Board 143. GTECH POLSKA Sp. z o.o. Wojciech Wodarczyk Site Manager for Poland 144. GUARDIAN CZSTOCHOWA Sp. z o.o. Zsolt Erdosi Managing Director H 145. HALCROW GROUP LIMITED 146. HANSBERRY COMPETITION 147. HAY GROUP Sp. z o.o. 148. HAYS POLAND Sp. z o.o. 149. HBO POLSKA Sp. z o.o. 150. HEIDRICK & STRUGGLES 151. HEITMAN FINANCIAL Sp. z o.o. 152. HERMAN MILLER LIMITED 153. HEWITT ASSOCIATES Sp. z o.o. 154. HEWLETT PACKARD 155. HEWLETT-PACKARD GLOBAL BUSINESS CENTER 156. HILL & KNOWLTON POLAND 157. HILL INTERNATIONAL Sp. z o.o. 158. HILTON WARSAW HOTEL & CONVENTION CENTRE (HGC S.A.) , 159. HINES POLSKA Sp. z o.o. 160. HJ HEINZ POLSKA S.A. 161. HOGAN LOVELLS (Warszawa) LLP (Spka Partnerska) Jarosaw Karpiejuk Regional Director Poland Dorothy Hansberry-Bieguska Founder Mik Kuczkiewicz Chairman of the Board Micha Mynarczyk Managing Director CEE Aleksander Kutela President Matthew Tebeau Partner Dennis Dart Senior Vice President Maciej Karbownik Representative Edward Robert Stanoch Managing Director Pawe Czajkowski Managing Director Jack Levernes Vice President GBS EMEA Monika Stpie Managing Director Jacek urawski Vice President Remco Norden General Manager Mieczysaw Godzisz Managing Director Adam Dyszyski Managing Director Beata Balas-Noszczyk Managing Partner

Mariusz Leoniak Commercial Manager Alicja Kociesza Sales & Marketing Director for Poland Tomasz Begier President Robert Dobrzycki Regional Partner Jarosaw Putresza Director Andrzej Bruczko General Manager Jan Stawiski Marketing and Sales Director Hospital Division Aleksander Grzesiak Managing Director Bill Hall European Operations Manager





AmCham Membership Directory 2012

Person in charge Position Company website No Company Name Con Murphy Managing Director 242. PM GROUP POLSKA Sp. z o. o. Zbigniew Prokopowicz President 243. POLISH ENERGY PARTNERS S.A. Miroslav Rakowski Chairman of the Board, 244. POLSKA TELEFONIA CYFROWA SA (T-Mobile) 245. PRATT & WHITNEY a United Technology Company Zbigniew Gradowski In-Country Program Manager 246. PRICEWATERHOUSECOOPERS Olga Grygier Siddons Managing Director Grzegorz Czarnecki Chief Executive Ofcer 247. PRIME CAR MANAGEMENT S.A. 248. PRINTPACK POLAND Sp. z o.o. Steve Snowden Site Director Marek Kapuciski General Manager 249. PROCTER & GAMBLE DS POLSKA Sp. z o.o. 250. PROLOGIS Ben Bannatyne President R 251. RAIFFEISEN BANK POLSKA S.A. Krzysztof Lubkiewicz Head of International Desk Kajetan Sonina General Director 252. RANDSTAD Sp. z o.o. Country Manager 253. RAYTHEON INTERNATIONAL, INC. Spka Kapitaowa, Przed. w Polsce Kathryn Buer 254. RIGHT MANAGEMENT Agata Dulnik Principal Consultant Tomasz Sawatyniec Funding and Regulatory Director 255. ROCHE POLSKA Sp. z o.o. 256. RR DONNELLEY EUROPE Sp. z o.o. Jan Przepira Vice President 257. RUSSELL REYNOLDS ASSOCIATES Sp. z o.o. Dorota Czarnota Managing Partner, Poland & CEE S Kathleen Nolan Product Manager 258. SABRE POLSKA Sp. z o.o. 259. SALANS Tomasz Dbrowski Managing Partner Marynika Woroszylska-Sapieha Managing Director 260. SANOFI-AVENTIS Sp. z o.o. 261. SAS INSTITUTE POLSKA Alicja Wiecka Country Manager Tomasz Krawczyk President of the Board 262. SCOTT WILSON Sp. z o.o. Anna Achremienia Business Development & Commercial Manager 263. SERCOM SOLUTIONS LIMITED Sp. z o.o. 264. SHERATON WARSAW HOTEL Thomas Schoen General Director Piotr Dobrowolski Member of the Managing Board 265. SIEMENS Sp. z o.o. 266. SIKORSKY EUROPE Stanley J. Prusinski Director 267. SILGAN WHITE CAP POLSKA Sp. z o.o. Marek Rajca General Manager 268. SITEL POLSKA Sp. z o.o. Antonio Dos Santos Director Stphane Hild Country Head 269. SOCIT GNRALE S.A. Oddzia w Polsce Yann Gontard Managing Director 270. SODEXO POLSKA Sp. z o.o. 271. SOFITEL WARSAW VICTORIA Jean Michel Lathuilliere General Manager Micha Gryglewski Executive Director n/a 272. SONY PICTURES GLOBAL BUSINESS SERVICES Sp. z o.o. 273. SPENCER STUART POLAND Sp. z o.o. Andrzej Maciejewski Ofce Manager/Consultant 274. SQUIRE SANDERS wicicki Krzeniak Sp.k. Peter wicicki Chief Accountant Pamela Gmiter President 275. STAFFER HOSPITALITY 276. STEELCASE S.A. Przedstawicielstwo w Polsce Elbieta Gajowska Dealer & Marketing Manager 277. SWIFT AVIANA CARGO SERVICES Sp. z o.o. Alam Chaudry Chairman T, U 278. TELEKOMUNIKACJA POLSKA S. A. Maciej Witucki Chairman 279. TELESTO Richard M. Lada Vice President 280. THE WALT DISNEY COMPANY (POLSKA) Sp. z o.o. Katarzyna Westermark Managing Director 281. TRANSEARCH INTERNATIONAL POLAND Sp. z o.o. Beata ytka Managing Partner 282. TRUSIEWICZ SIWKO Kancelaria Prawna SP . .P Rafa Trusiewicz Partner 283. UBS AG Przedstawicielstwo w Polsce Marcin Jarkiewicz Head of the Representative Ofce 284. UL INTERNATIONAL POLSKA Sp. z o.o. Bogdan Maliszewski Branch Manager Czech Republic & Poland 285. UNIPHARM, INC. Tomasz Albinowski Country Manager 286. UNITED BUSINESS DEVELOPMENT Sp. z o.o. Peter James Strupp CEO, President of the Board 287. UNIVERSAL EXPRESS Sp. z o.o. Stefan Hildt Member of the Board 288. UNIVERSAL LEAF TOBACCO POLAND Sp. z o.o. Wojciech Lik Chairman of the Board 289. UPC POLSKA Sp. z o.o. Simon Boyd President 290. UPS POLSKA Sp. z o.o. Piotr Sitarek Country Manager V, W, X 291. VF POLSKA DISTRIBUTION Sp. z o.o. Marek Hicz Managing Director 292. VIKING PETROL SAHASI HIZMETLERI SA Oddzia w Polsce Robert Dunn Vice President & Country Manager 293. VISKASE POLSKA Sp. z o.o. Monika Pywaczewska Commercial Director 294. WARDYSKI & PARTNERS Tomasz Wardyski CBE, Founding Partner 295. WARNER BROS. ENTERTAINMENT POLSKA Sp. z o.o. Waldemar Saniewski Managing Director 296. WARSAW DESTINATION ALLIANCE, FOUNDATION Alex Kloszewski Chairman & Managing Director 297. WAWEL HOTEL DEVELOPMENT Sp. z o.o. Stijn Oyen General Manager 298. WEIL, GOTSHAL & MANGES Roman Rewald Partner 299. WESTINGHOUSE ELECTRIC COMPANY Mats Olsson Director 300.WHIRLPOOL POLSKA Sp z.o.o. Mariusz Dbrowski General Manager Poland, the Baltic States 301. WHITE & CASE W DANIOWICZ, W Jurcewicz i Wsplnicy Kancelaria Prawna Sp. k. Witold Daniowicz Managing Partner . . 302. WIERZBOWSKI EVERSHEDS Judith Gliniecki Partner 303. WINCOR NIXDORF Sp. z o.o. Mirosaw Janik Chairman of the Board 304. WOODWARD GOVERNOR POLAND Sp. z o.o. Dominik Kania Executive Director 305. WRIGLEY POLAND Maciej Wysocki Managing Director 306. WS ATKINS - POLSKA Sp. z o.o. Stephen Novis Member of the Board 307. XEROX POLSKA Sp. z o.o. Marzena Tarkowska Country General Manager

Manufacturers Forum
...continued from page 20

Data protection

that of a big city such as Warsaw. Liptak noted that pursuant to EU law, in case of energy intensive industries it is possible for the Polish government to levy a zero excise duty rate on electricity, which approach is followed by the majority of highly industrialized countries of the EU. Marcin Jakubaszek from Miller Canfield noted that while the European Commission is working toward establishment of a single pan-European energy market, it also focuses on climate change and has assigned a price for emission of CO2. In Poland, CO2related semi-taxes comprise nearly 40% of the total price of electricity and are likely to grow, because the domestic power industry is still very emission-intensive. And while the power industry is in the process of modernization, it makes end users foot the bill through a transitory fee (part of the price of electricity), which in the case of energy-intensive operations is a major cost. A ray of hope Marek Matraszek, CEO of lobbying firm CEC Government Relations, gave a presentation about the balance of power in the new government. He said that after the fall parliamentary elections, which brought victory to the incumbent Civic Platform party, the position of Prime Minister Donald Tusk and his immediate allies in the government has strengthened. This is good news for the business community in Poland, Matraszek said, because Tusk and some other key ministers, such as Minister of Foreign Affairs Radosaw Sikorski, have a good understanding of the importance that policies have for the economy and their impact on foreign investors. While they attach priority to the economic aspects of urgent issues on the EU agenda, they are determined to stand for Polands economic interest as well in such areas as reduction of CO2 emissions. Matraszek said that during its EU Presidency, Poland was doing a good job in defending the countrys key economic policies in Brussels. In the European Court of Justice, Poland is challenging the basis upon which permits for CO2 emissions will be distributed between member states and industries, and is resisting in the European Parliament proposals to increase the targets for reduction of CO2 emissions by 2020 from 20% to 30%. Matraszek said that along with the government, nearly all Polish members of the European Parliament take a pragmatic approach to the economy and are determined to work to help Poland keep growing.

Judith Y. Gliniecki, AmCham Vice Chair; Wojciech Wiewirowski, Inspector General for Personal Data Protection; and Arwid Mednis, partner at Wierzbowski Eversheds

Top-down regulation on the way

Individual members as of December 15, 2011. Alphabetical list of AmCham individual members,
Member 1. Adam Bergmann 2. Alain Bobet 3. Brian Bode 4. Alan Capodanno 5. Dario Cipriani 6. Andrew Davis 7. George Dembinski 8. Peter Dembinski 9. Maksymilian Ebenstein 10. Richard Engel 11. Ewa Esquerra 12. Kenneth Globerman Contact phone 48-664-444-777 48-513-190-208 48-22-648-0841 48-694-487-467 48-608-000-511 48-22-456-4500 48-603-681-525 48-602-677-600 48-600-810-100 48-508-047-510 48-602-722-622 48-798-234-447 Member 13. Thomas Gresk 14. Irene Grzybowski 15. Kent Holding 16. Andrew Hope 17. Sylwester Klarowicz 18. Agata Kocia 19. Jon Kolasinski 20. Steve Krupa 21. Matthew Lynch 22. George Michalski 23. Don Mucha 24. Anya Ogorkiewicz Contact phone 48-728-961-044 48-601-802-040 48-791-111-777 48-668-691-884 48-668-133-034 48-22-428-5733 48-500-206-227 1-847-564-1931 48-22-622-7153 48-606-917-000 1-602-402-2621 48-510-419-141 Member Contact phone 25. Adam Paszkowski 48-22-835-3000 26. Adam de Sola Pool 48-22-756-3232 27. Bret Schlussman 1-212-5339-090 28. Michal Scholtes 48-501-700-522 29. Alex Shannon 48-501-515-740 30. Bogy Cimoszko Skowronski 48-22-436-7420 31. Christopher Smith 48-22-616-0062 32. Tadeusz Szostak 48-22-834-3321 33. Jerzy Thieme 48-601-282-812 34. Stanley Urban 48-502-709-190 35. Andrzej Wrbel 48-501-305-565 36. Paul Zalucky 48-606-802-998

n November 2011, AmCham EU and AmCham Poland, with the support of Intel, hosted a half-day seminar in Warsaw on data protection. In the presence of key stakeholders from government, academia and business from Poland and abroad, the discussions focused on the potential impact on the regional economy of revised EU data protection legislation, which is expected in early 2012. Wojciech Wiewirowski, Polands Inspector General for Personal Data Protection, said, Europeans will not engage with the market environment if they do not trust it and those who provide the services. Thus trust is a key element. Wiewirowski stressed that privacy is a fundamental right, but it must be implemented in a practical way. Wiewirowski said that by the end of January 2012, the European Commission will present a new framework for data protection. It will be of paramount importance for the future of e-commerce in the EU because most likely it will take the form of a regulation rather than a directive. If a regulation is issued, it will become law in all EU countries as soon as it goes into force. If the new EU regulation conflicts with member states regulations, it

A new approach to data protection across the EU is expected soon, and many businesses will welcome the increased harmonization and clarity
will automatically override national law. The regulation will be binding on all judicial institutions, from local courts up to the Supreme Court. Wiewirowski noted that even with universal application of EU data protection law, member states laws will continue to govern in cases where criminal or tax law comes into play. The national laws here will supplement the EU law in the case of an EU data protection regulation, he explained. Speaking on the second panel, Jonathan Weeks, Intels Deputy Legal Director for EMEA, presented the case for harmonization across the single market for any new law on data protection. Several panelists echoed Weekss remarks on the need for harmonization and consistency as key elements to ensure the growth and competitiveness of the EU. As one of the largest member states in the region, Poland is an important market for the digital economy. Stakeholders here are watching closely for the European Commissions new proposal on data protection. As was evident at the seminar, they are ready to be a partner in the process.





Executive chef

Food maverick
Pawe Oszczyk, the chef of La Rotisserie Restaurant at Mamaison Hotel Le Regina Warsaw, is a rising star of the citys culinary world
ast year La Rotisserie was singled out as a gastro outlet by the Michelin Guide. This year the restaurant was shortlisted for Pawe Oszczyks signature cuisine and wine pairings by Dining Guide, a Hungarian trade magazine, for a CEE Food Award in its ranking of Central & Eastern Europes Top 10 Restaurantsthe only restaurant in Poland to make the cut. Earlier this year La

Rotisserie received the Hermes award from Polish HoReCa trade magazines Poradnik Handlowca and Poradnik Restauratora. Oszczyk was also mentioned in the April 2011 edition of Andrew Harpers Hideaway Report, one of the most respected publications in luxury travel, which praised the hotel and the restaurant for their commitment to classic hospitality and underlined the quality of French cuisine served at La Rotisserie. Oszczyks food is authentic because it is personal. No red pepper or white chocolate for him: Both those items are forbidden here, Oszczyk jokes. Freedom to create At Le Regina, Oszczyk has the freedom to pursue his ideal of a perfect restaurant. I am fortunate enough not to have to implement anybodys vision here but mine, Oszczyk says. Even though La Rotisserie is part of the hotel and has its hotel duties, such as delivering breakfast to hotel guests every day, the horizons are set by Os-

trol of, starting from the sourcing of producesomething Oszczyk is not willing to compromise onthrough cooking and serving. Oszczyk also has complete freedom in composing his six-dish tasting menus. Im bound only by the availability of produce, a huge part of which is seasonal products, he says. I do not aim at offering a huge variety of dishes at a time, but I rotate them often instead. Oszczyk is relatively content with what he has achieved at Le Regina over the last seven years: We have found the right balance between being a restaurant and being a hotel restaurant. Quest for individuality Individualism in the kitchen is something Oszczyk grew up with. At home he was exposed to a variety of dishes prepared by his mother. They radiated different aromas and offered different avors, but were bound by one idea: it has to taste good. When Oszczyk began his vocational training at a gastronomic school at the age of 14, one of his teachers had a broad enough outlook on the culinary world to preach individualism. Krystyna lusarczyk taught us about chefs who were like a one-man band. They delivered torque to entire businesses. She taught us about culinary culture and that the real culinary experience is celebration. All those ideas prompted me to go further in search of my own individual take on gastronomy. In 1990 Oszczyk nished school and took an apprenticeship at a Michelin-starred restaurant in Italy. The two years in Italy helped him learn the ropes of a top-notch food venture. It was a big step that advanced my professional career, Oszczyk says. I learned to cook, as well as some professional attitudes. I worked 12- to 14-hour shifts and learned to accept that as standard. Back in Poland in 1992, Oszczyk was lucky enough to get to work with renowned Austrian chef Kurt Scheller, who was just opening a restaurant at the Bristol Hotel in Warsaw. Kurt created opportunities for young cooks, Oszczyk recounts. He motivated me to take part in the Bocuse dOr

culinary competition in France. I was the rst Polish cook ever to take part in the competition. Then he motivated me to take part in other competitions, and that is how I began to win awards. Another person who had a pivotal inuence on Oszczyk was Bernard Lussiana, chef of the Bristols agship restaurant Malinowa. Their duo made something new. The goal was to create a restaurant that would merge Polish products and culinary traditions with French cooking techniques, Oszczyk says. It worked. In 19951996, Malinowa was named the best restaurant in Central & Eastern Europe by Michelin. At the Bristol, apart from cooking, Oszczyk learned a lot from the hotels general manager, Michael Goerdt. He showed me that if you want to be successful in this business, you have to go through all levels of the professional career, Oszczyk says. That is how you learn that the guests are the most important part of this business. And that is also how you learn to motivate your workers. the creation process In the early stages, the process of creating a new dish is a purely mental exercise for Oszczyk. I can imagine two or three different tastes and can gure how they feel when mixed, Oszczyk says. I can feel whether the mix is going to work for diners or not. With this I can spare myself the trial and error phase of new dish creation. Pure mind games are not all, however. When Oszczyk gets down to the real dish, he grabs a piece of paper and a pencil to write down tastes in different new dishes and how they can interlink as parts of a menu, when it comes to preparation, cooking techniques and presentation. This part of the preparation involves Oszczyks most trusted cooks, who know his tastes and the

tastes that he will never accept in his kitchen. Regional produce Traditional Polish dishes are a standalone class of Oszczyks inspiration. urek is a culinary phenomenon, Oszczyk says of the fermented rye soup that is a trial-byre for many foreigners visiting Poland. It offers some obvious culinary associations. It is acidic and makes a perfect sauce for any white sh. Oszczyk has a range of Polish foods that he perceives as having huge potential in fusion cooking. They include dried mushrooms, bison grass, and smoked buckwheat groatskasza gryczana palona. When he goes abroad for culinary assignments, those are the products he always has with him, and they never fail to impress diners. When it comes to meats produced in Poland, Oszczyk complains that there is a lot of room for improvementespecially with pork. We need to see specialty produce here, he says. In Germany there are farmers who feed pigs with apples, which results in sweeter, more aromatic pork. In Spain, there are farmers who add acorns to the fodder to achieve specialty pork. Oszczyk wishes there were farmers in Poland with some more creative approach to pork production. It is high time we had more diversity in pork, especially since pork is one of the most popular meats in Poland. Part of the problem is the lack of promotion of domestic produce, to encourage chefs to use more foods produced in Poland. At least 50% of produce should be from Poland, Oszczyk says. But this is not the case here, and we have to import meat and sh from Germany and France. Meanwhile, the same quality products are made in Poland, but in small amounts, be-

cause there is no distribution system to maintain deliveries to a group of restaurants. This is a business that perhaps should take off in Poland, but so far it has not. Another problem that thwarts the development of a quality meat industry is the lack of a meat quality grading system. Oszczyk has his own tried and trusted beef producer. Sometimes he looks at beef in other places, however, and what he sees is far below reasonable quality standards. You see beef that is like rubber because it has not been seasoned for at least two weeks, he complains. He thinks that premium beef production is another business niche that sooner or later has to be lled: There are some initiatives among small producers who get together and try to sell to restaurants. But we need some 56 years for the industry to develop. Fine dining Like most accomplished chefs, Oszczyk would love to have his own signature restaurant. But he admits that it is too early for the market in Poland to support a stand-alone gastronomic restaurant that works with world-quality produce and charges world-quality prices. While Warsaw is slowly starting to get noticed by standard-setting reviewers, such as the Michelin Guide, Polish consumers have not yet developed the sense of what ne dining is all about. By and large, they perceive gastro-restaurants as luxury items on the to-do list of the wealthy. The market needs to develop a bit more, Oszczyk says. That takes time. But I hope it will not be too late for me.

Tomasz wiok

zczyk. His vision is most evident in his signature dishes. We have only two sh dishes and two meat dishes on the menu, Oszczyk says. They are linked by a culinary concept of mine. Oszczyk explains that a good restaurant is not something for everybody, but a selection of dishes that the chef has full con-

1. Pawe Oszczyk in his underground kingdom, the Le Regina kitchen. 2. Another dish dispatched up to the restaurant oor. 3. Managing relations with suppliers on the phone.





Photos: Tomasz wiok

US visas

Company prole
Curb-Tech Europe
How to apply Schedule an appointment. Call the Visa Information Service Monday Friday, 7:00 am 8:00 pm (from a landline 703 700 120, from a cell phone *740 94 00) Complete the visa application form online and pay the visa fee (MRV fee). Have a photo ready to submit with your application. Some applicants may be exempt from the MRV fee. On appointment day, bring proof of payment of the visa fee, application (DS-160) conrmation page, DHL Express form, and a valid passport. Some visa categories require additional documents; see the US Embassy Warsaw website for information if you are applying for a study or work visa.
Visa information Service telephone numbers To schedule an appointment with a consul please call the Visa Information Service Monday Friday, 7:00 am 8:00 pm. 703 700 120 from landline phones (PLN 4.92 per minute) *740 94 00 from cell phones you must dial a *before the number (PLN 4.92 per minute) (+48) 22 523 2000 from anywhere in the world (USD 7.11 for 7 minutes, charged to a Visa or MasterCard) If you have problems reaching the info line, please contact your phone service provider to ensure you have access to premium rate numbers. You may watch video on the application process at:

Hassle-free travel
Applying for a visa to visit the US may be easier than you think
aiting months for an appointment, standing in long lines in the cold, and spending hours at the US Embassy waiting for an interview: Is this what comes to mind when you think of applying for a US visa? Do not be misled by past experiences or outdated video footage. The application process today is a very different thing. Today, interviews are scheduled easily over the phone through the Visa Information Service, and the wait time for appointments is much shorter than just a few years ago. Applicants can typically schedule an appointment in as little as three days, or far in advance if preferred, with appointment times scheduled at 30-minute intervals. The appointment is no longer a half-day time commitment either. Most applicants spend only about an hour at the embassy, from arrival at security to conclusion of the interview, and the process today is not only faster but more pleasant. Completing the security check at entry, once a bulky and time-consuming process, now averages about four minutes. Consular staff also use this time to check applicants documents, to ensure smooth intake once in-

American Investors Tomasz wiok talks with Christopher Hutchinson, CEO of construction specialist Curb-Tec Europe, about what makes the company special
ing to enter the Polish market. We wanted slipform knowledge and experience, which they had, and they wanted Polish contacts, which we had. By 2011, we had helped them with three contracts and my business partner was completely dedicated to supervising two of those three projects. We have gained a tremendous amount of experience from this. It allowed us to broaden our offer, and the change in strategy did indeed seem to play out as we thought. After ve months of working on the slipform project on the A2 expressway in Misk Mazowiecki, we were able to persuade the general contractor to also subcontract extrusion curbing work to us. The slipform machines are more versatile, but when extrusion curbing can be used, the costs involved are much lower. Weve been pouring extruded curb on the A2 from May until now and will still have more to do going into 2012. Another big change in 2011 was to start cooperating with a Polish concrete equipment dealer, Ciepiela Technology Promotion. They focus strictly on sales, while we concentrate more on the marketingreal marketing, get-out-of-the-ofce and getyour-hands-dirty marketing. This has allowed us to conserve some of our resources and opened the door to many new contacts, which led to our recently doing a curb and gutter project at Plac Sienkiewicza in Tarnw. It was our rst job that wasnt part of a road project. It was difcult, but our crew gained a lot of experience as well as condence. Another decision I made was to put more of an emphasis on associations. We joined AmCham in 2011, and I havent been disappointed thus far. What key factors have fuelled the company's business growth in Poland? Passion and persistence. Thats about all I can say about that. What are the corporate culture and workplace culture like at Curb-tec europe? I have to give a little history about Curb-Tec Europe. When we started the company in 2005, it was with full expectation of the global economic crisis inevitably coming in the next couple of years. Our supplier, Curb-Tec, Inc., was about 95% tied to the US market at the time. We knew that their sales would go down dramatically and wanted to have time to create new markets in order to compensate for the loss in US sales. Our goal was to get Curb-Tec to survive during a time when we knew many small companies would go bankrupt. Because we started with economic hard times in mind, we operated very lean, never taking any loans. This was great regarding never having any debt, but some of the effects were that growth was slow, and we can be a bit chaotic at times. Not necessarily because we dont know what needs to be done, but more because our resources can be stretched. Everyone in the company wears many hats, working at least 2 or 3 different positions. Dont get me wrong though, I am constantly talking with everyone about it, and I am exceptionally proud of our corporate culture. One of the things my employees point out after talking with guys from other crews on the jobsites we work on is that they are always better informed about why they are doing the things they do. They tell me it helps with their morale tremendously. It was something I learned very well while serving as an Airborne Ranger in the US Army. You had to be better informed in a unit like that, and I know I personally always paid better attention to detail and had high morale because of it. I think a good example that describes our corporate culture happened a few weeks ago. We were in Tarnw on Thanksgiving, still working on the curb and gutter project. I was a bit down because I wasnt home with family, but not really talking about it. My crew completely surprised me with a turkey dinner. Now, Thanksgiving is so much more than turkey, but if I couldnt be home with my family that was the next best thing. I cannot express how thankful I am to have employees like that. What can you say about Curb-tecs plans and growth prospects in Poland in 2012 and beyond? As we plan for 2012, we are slightly worried about funding issues, and tighter national and local budgets, but considering we provide solutions that save money compared to using precast curbs so commonly used here, I believe we are well-placed to take advantage of our new experience and have an extremely successful 2012 in Polandnot to mention since we have been getting closer and closer the past seven months with a company thats a legend in our industry. I have high hopes about how that relationship will impact 2012 for us.

Not afraid to get our hands dirty

Photo courtesy of Curb-Tec Europe

do you need an interview? Some applicants may be able to apply for a visa by mail. If the applicant meets the following criteria, check the US Embassy Warsaw website to determine if an interview is necessary: Applicants who received a visa after December 10, 2007 Children under the age of 14 Travelers age 80 or over Foreign government ofcials and international organization representatives.

side. Applicants then spend an average of seven minutes waiting for and completing intake procedures at one of the registration windows, where a consular employee scans ngerprints, conducts data entry, and provides applicants with interview numbers from the automated queuing system. Fingerprint scanning now speeds up the entire process, as it is a quick, accurate, and nonintrusive way of ensuring that the application information is unique to each individual. The bulk of time (averaging 30 minutes) is spent in a spacious waiting room, where videos, travel guides and brochures give applicants a preview of places they may see in the US or tempt business travelers to add tourism to their plans. Once an applicants number appears on a screen above one of the windows, the interview with a consular ofcer (in either Polish or English) typically lasts about four minutes. The entire non-immigrant visa ofce and applicant waiting room were renovated in 2007, providing a more efcient layout, with more windows for intake and interviews, and a comfortable atmosphere during the wait. In response to applicant feedback, the embassy added sound reduction barriers to the waiting room in 2011 to increase the privacy of individual interviews as well. In the last scal year, the US Embassy in Warsaw adjudicated more than 48,000 applications, a slight increase over scal year 2010, and the number of travelers continued to rise in 2011. With a streamlined and efcient visa application process, the US Embassy in Warsaw is prepared for even more. Its always a great time to visit the US for business or pleasure, and now you have one more reason to go! Elizabeth Shackelford and Elbieta Iwaszko, US Embassy, Warsaw

How was the year 2011 for Curb-tec in Poland? We started to lay the groundwork in 2010 for a watershed year in 2011. We sell Curb-Tec, Inc.-manufactured small extrusion curbing machines and the larger slipform machines. We can also provide curbing services, but our true mission is to get the extrusion and slipform curbing methods accepted in markets where traditional handforming and precast blocks are used. The methods are about 50 years old, but here in Poland, and in many parts of the world, they have to be marketed as new technologyespecially extrusion. Going into 2010, we were only dealing with extrusion curbing, and while we were having success in countries like Hungary and Romania, we were struggling in our own local Polish market. At that point, we decided to change our strategy a little. Due to Polands ambitious highway plans in preparation for Euro 2012, we felt there were more initial opportunities for the larger, more versatile slipform curbing machines. The machine poured-in-place technology saves a lot of time, and with a lot of press about missing deadlines we thought that it would be more likely to get a slipform machine on a road project. Then we would be able to build relationships and gain more trust so we could highlight the benets of extrusion curbing. So, I started talking with an Irish company that does slipform work and was look-





Company prole
Hill International Mazars

Present on almost all continents

American Investors Tomasz wiok talks with Jacek urawski, Vice-Presi dent and Managing Director of Hill International, a project and construction management company, as it celebrates 20 years of business in Poland
How has the past year been for Hill international in Poland? This year our company is celebrating its 20 anniversary of successful operations on the Polish market. 2011 was a very important year for our company. After two years of economic crisis and uncertainty on the market, especially in our area of activityconstruction projectsmore and more investors decided to continue projects suspended during the crisis or start completely new projects. The company successfully survived the crisis and became stronger in organization and cost-control areas. That allowed us to be more competitive on the market and obtain some very large and interesting projects. The projects are in different phases of realization, preparation or implementation, which provides a solid base for the companys further development and further success on the Polish market. by the same commitment to excellence, effective management and successful outcomes. What is Hill internationals corporate culture all about? Hill Internationals corporate culture is about work, work ethics, and its people. It is about development, design and construction. Our culture is team-based and goal-oriented, focused on the client and the quality of our work, as we always strive to surpass our clients expectations. Globally, we all work together to achieve our common goal, and ours is success: the success of our clients, which ultimately turns into our success and the success of our shareholders. We are also a multicultural organization, open to dialogue and experiencesharing, and heavily focused on problem-solving. We are present on almost all continentswe need to know how to talk to each other. What are Hill internationals prospects for 2012 and beyond? We see ourselves growing our business through outstanding relationship management, acquisition of new clients, diversification of our services, and extension of our operations on new markets like Russia and Ukraine. On one hand, we definitely see ourselves delivering on retail, office and high-rise projects. On the other hand, we would like to develop new types of services, like Energy Performance Certificates, sustainability certificationsBREAM and LEEDand public procurement. As a global company, we are very experienced in delivering energy, environmental and rail projects, and we definitely see ourselves applying our global experience on the local market. We also have very valuable expertise in publicprivate partnerships, which we will be drawing on for prospective PPP projects. To achieve these goals, we will be improving our corporate standards and services on an ongoing basis, adapting them to the current market and the continuing growth of the company.

Integrated excellence
the corporate advisory, accounting and auditing markets have been undergoing constant change lately, so how was 2011 forMazars in Poland? Mazars is an international, integrated and independent organization. We specialize in audit, accountancy, tax and advisory services. Mazars has ofces in 61 countries, employing about 13,000 professionals. The ever-expanding portfolio of Mazars services reects the groups ambition to provide its clientswhether international corporations, SMEs or individualswith tailored and global solutions to help them achieve sustainable growth. Since 1992, Mazars has been present and developing in Poland. Over the past two decades, we have had the privilege of participating in the process of transformation of the corporate market and in Polands economic development. Overall, 2011 was another successful year for Mazars Poland. We managed to maintain a good level of revenues from audits and accounting, and the relatively good economic situation in Poland allowed our tax and advisory services to develop further. With the nancial and economic crisis spreading all over the world, the established rules, ways of acting, and market positions that until recently were taken for granted are now being questioned. This situation has caused the major economic actors to ask themselves legitimate questions about the sense of their actions. Therefore, it is a delicate period to face, but at the same time it creates new dynamics. Although our profession has not directly been called into question, it has come under debate, particularly in the context of auditing the accounts of large international corporations. Reinforcement of the supervision of audit rms at the European level has been placed high on the agenda. The European Commission has published a green paper entitled Audit Policy: Lessons from the Crisis in order to rethink the function of audits and the way in which the audit market is structured in the EU. The creation of a less concentrated, more efcient, integrated and competitive audit market is crucial for ensuring nancial stability to Europe, and for serving the public interest. Given the relatively recent experience of audit actors, the audit market in Poland is open and adaptable to new perspectives. In addition, Mazars has practiced joint audits, under French regulations regarding publicinterest entities, and this practice guarantees excellent technical quality and re-

American Investors Tomasz wiok talks with Michel Kiviatkowski, Managing Partner of Mazars in Poland, about the companys challenges and plans
dynamics of large French companies using Mazars services. However, Mazars is established strongly all over the world, following the integrated model, with more than 80% of staff outside France. For example, for our American friends, the positioning of Mazars in the US results from the merger with Weiser in 2010, which conrmed the long-standing cooperation between Mazars and Weiser, with over 700 professionals. I recently discovered the Polish origin of some of the professionals working in New York, namely that the president of Weiser Mazars, Douglas Philips, has a Polish mother. The Mazars model of partnership is now present worldwide and is led by the same principles everywhere. We strive to make a difference to our clients and our teams. We are passionate about delivering value and the personal touch to clients, about developing our people and about shaping our profession. Just one nal word about our business model: For over twenty years we have been building an integrated organization because we remain convinced that this is the most effective modelone that enables the best sharing of experience and abilities, the only real way to achieve transparency and, ultimately, to provide the best services to our clients all around the world. How does Mazars see the years ahead in Poland? 2011 was a very interesting year. The Polish market was only moderately inuenced by the international crisis, though the measures to remedy the crisis are far from completed. But 2012 will require new adjustments and Poland will not be spared. Nevertheless, the CEE markets, and the Polish market in particular, remain very attractive, and the quality of the emerging market (strong demand, low costs) is widely recognized. The positioning of Mazars on the market is to meet the requirements of technical excellence and keep costs at a well-adapted level. Our development in Polish regions is one of the means to achieve this goal. Besides this, we think that the requirements necessary to carry out our activities in Poland, in the area of audit, outsourcing and tax, will increase and will cause professionals to regroup within those organizations that want to provide top-quality services to the Polish market.

Photo Courtesy of Hill International

What are the main reasons for your success in Central & eastern europe, and Poland in particular? We are members of a global corporation, with more than 3,000 professionals in 100 offices worldwide. Our company is involved in the most prestigious and innovative projects worldwide. We have the experience and the expertise to help our clients deliver their projects on time, within budget, and with the highest quality possible. That definitely allows us to be perceived as a very reliable party, and definitely helps in growing market share under the current economic conditions. We also employ highly qualified staff capable of delivering high-quality services. Our company offers a wide range of services, including cost management, project management, construction management, fit-outs, due diligence reporting, fund monitoring for banks, energy certificates, obtaining permits from the authorities, construction claims, and PPP expertise. Our services are creatively tailored to the individual needs and interests of each client and each commission. The projects we undertake range from multi-million-dollar developments to low-budget roll-out projects, all marked

We are a multicultural organization, open to dialogue and experiencesharing, and heavily focused on problemsolving.

Photo Courtesy of Mazars

sponds to the risk of excessive market concentration. The generalization of well-balanced joint audit practice in Europe could be an appropriate measure. What has been the key to Mazars growth in Poland? We started from a small team of professionals serving our international clients with their investments in this country. Now we are present in Warsaw and Krakw, with over 170 professionals, and we offer a full range of audit, tax, business advisory and accounting solutions. We serve more than 800 Polish and international enterprises, large and small, including those listed on the Warsaw Stock Exchange. Naturally, this success is partly due to the role of Mazars in France in joint audits for large listed companies. This positions us as a player with a very high level of technical quality. We realized that the majority of these large companies continue to choose Mazars in other countries. So, the recognition of the large corporations hiring Mazars is a major factor in our development. Furthermore, the appeal of Mazars to international organizations other than French ones is now another key factor in our worldwide development, and especially in Poland. does Mazars have a distinct business model? Mazars naturally has its origins in France, due to the origins of its founders and the



Work efficiency

Internet law

Cubicle crusade
Short of time, stressed, overworked, behind on deadlines: Why do ofce workers have these problems? How can they work more effectively?
How do you spend your time? Many people use the SMART system for setting goalsthat goals should be Specific, Measurable, Attainable, Relevant and Time-bound. The SMART methodology is very popular in business, but it does not determine priorities. Managers should distinguish between imBy Monika Stabiska portant/unimportant and urgent/not urgent tasks. In studies, PEPworldwide managers claim that they do set priorities and are focused on imfficiency is well-known on Effective work is a result of portant tasks, but when they set the production side. Con- working habits. Some employcepts for continuous imees confess that they are ineffi- priorities it means postponing less important tasks, resulting in provement, such as Kaizen and cient and consider changing a drop in performance. Then Six Sigma, have been extensively the way they work. However, procrastination sets in, eating implemented in heavy industry. most people are not comfortStudies in the US show that effi- able with change and will resist away at workers self-confidence, optimism and creative energy. ciency in blue-collar industries it. Hence the conclusion that has improved by 90% over the there are only two reasons peo- People who suffer from procrastination have trouble setting last decade. During the same pe- ple dont change: They dont goals, and struggle to meet the riod, however, white-collar prowant to, or they dont know goals they do set. ductivity has improved by only how. In order to control time, we 4%despite enormous advances must understand how we spend in technology. Lets try to apply What price do you pay? this philosophy to an office envi- White-collar workers spend on it. While most managers hope to ronment. In this area, efficiency average 10% of their work time minimize extra hours, they do not really have any idea how should mean getting everything searching for information, done, but with less effort. which over the course of a year much time they spend on a task. adds up to 6 weeks. And 40% of Tasks can be divided into those that are major, routine or ad hoc. Why are you ineffective? white-collar personnel admit Without being aware of how When working at a desk, the that clutter and extensive process of doing things in an ef- amounts of paperwork on their tasks are split, we cannot perform them effectively. fective way is often overlooked. desk confuse them, boosting Most of us pay little or no atten- their personal anger and agAre you perfect? tion to our personal working gressiveness at the workplace. Aristotle said that perfection is processes, because we just want However, they do nothing to to accomplish our goals. Most change that undesirable state of not a one-off task but a habit.

A tangled web
Selective distribution agreements prohibiting online sales may violate competition law
could the ban be objectively justied in this case by a need to provide individual advice to the customer about the product or to protect the customer against improper use of the product. The ECJ also held that a de facto ban on Internet sales did not fall within the block exemption allowing use in a selective distribution system of a provision prohibiting a member of the system from operating out of an unauthorised place of establishment (Art.4(c) of Commission Regulation (EC) No. 2790/1999, now covered by Art. 4(c) of Commission Regulation (EC) No. 330/2010 to the same effect). In theory such a clause might qualify for an individual exemption under Art. 101(3) of the treaty (for agreements or practices that contribute to improvements in production, distribution, technology and the like, benetting consumers without substantially eliminating competition), but the court did not have enough information to rule on that issue in this specic case. Because Polish competition regulations are modeled on EU law (both the treaty and the 2010 regulation), the judgment in the Pierre Fabre case is expected to guide the interpretation of national law by the Polish competition authority and the Polish state courts when they review the lawfulness of clauses contained in selective distribution agreements. What is permissible? If, as a rule, a general and absolute ban on online sales may not be imposed on an authorized distributor in a selective distribution system, is there some other way that producers using this distribution model can limit online sales in order to protect their brands without running afoul of competition law? According to the Guidelines on Vertical Restraints (2010/C 130/01), published by the European Commission in May 2010 as an aid to interpreting and applying the 2010 regulation, a producer may require compliance with certain quality standards when its goods are resold via Internet, just as it may require certain quality standards for brick-and-mortar points of sale. The criteria for online sales should be equivalent to the criteria for sale through traditional outlets. Equivalent does not mean identical, but the criteria should serve the same purposes and achieve comparable results. If the principle of equivalence is violated, the criterion could be found to be contrary to competition law. According to the European Commission, a producer may, for example, require that its distributors have one or more brick-and-mortar shops or showrooms as a condition for becoming a member of its distribution system. It may require distributors to use third-party platforms for online sales. It may also require the distributor to sell a certain ofine minimum (the same for all distributors or determined individually for each distributor) to ensure efcient operation of its physical point of sales. Nonetheless, any attempt to impose maximum permissible quantities of online sales by distributors would be rejected as a hardcore restriction on competition. Similarly, dual pricing, requiring the distributor to pay a higher price for products intended to be resold online than for products intended to be resold ofine, would also be regarded as unlawful. Guidelines only These examples of restrictions on online sales have been recognized by the European Commission as generally falling within the block exemption under the 2010 regulation. They are guidelines and are not binding. Nonetheless, these guidelines should be useful for private businesses seeking to interpret the regulation, as well as courts and national competition authorities applying the law.

By Konrad Raszkiewicz aszczuk & Partners

A typical white-collar worker loses 1 out of every 20 documents.

people are only vaguely aware of their personal work process, and they seldom if ever address it. But most people do not learn personal work practices. Instead, they develop their own individual working habitssome good and some bad. The key question in personal efficiency is How do I deal with my work? If a clear picture explaining the process is offered, employees will act accordingly. If the picture is fuzzy, they will hesitate. Worst of all, if there is no picture, they will freeze. affairs. In fact, 40% of whitecollar personnel admit that they repeatedly lose documents. A typical white collar worker loses 1 out of every 20 documents. The issue of poor document flow shows that the better we are organized about our working space the easier it is for us to work and the more we get done. We tend to overlook our work space, even though the way it is organized is crucial to efficiency. This lesson is lost on most office workers, and inefficiency is the result. Work on effectiveness implies a continuous process of improvement. Things cannot be changed all at once, but they can be changed over time. Workers must take absolute control over their own work habits and styles, and seek ways of continuously improving them. Almost anyone can work more efficiently and more effectively, but improvement requires comprehension, and that comes slowly to most. But once introduced, it provides a strong foundation for individual and corporate success.

n recent years the Internet has become not only an important instrument for communication, but also a major outlet for businesses to sell their products. Some businesses seek to exploit this outlet to the fullest in order to reach as many customers as possible and move as much product as they can. But some producers regard the Internet with suspicion, afraid that online sales may have negative consequences, for example by diminishing their image and cheapening their brand. Such producers may try to limit online sales of their products through various means. The law is not indifferent to this conict. Online sales are subject to principles of competition law, for example concerning the issue of selective distribution agreements in which the producer restricts or prohibits online sales of its goods. It is not just a theoretical issue, as demonstrated by the recent judgment of the European Court of Justice in Pierre Fabre Dermo-Cosmtique SAS v.Prsident de lAutorit de la concurrence (Case C-439/09, October 13, 2011).

American Investor The ultimate connection to AmCham Poland

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The recent ECJ case involved Pierre Fabre, a French company producing cosmetics and personal care products distributed mainly through pharmacies in France and elsewhere in Europe, although the products are not pharmaceuticals. The distribution agreement required that the goods be sold exclusively in a physical space in which a qualied pharmacist must be present. De facto they could not be sold online. In 2006 the French competition authority initiated a proceeding against Pierre Fabre in which it found that this provision violated competition law, and imposed a ne on Pierre Fabre. The company appealed to the court in Paris, which had doubts about interpretation of the relevant provisions of competition law and sought a preliminary ruling from the ECJ to determine whether such a general and absolute ban of online sales was consistent with EU law. The ECJ found that the clause would amount to a restriction on competition by object, in violation of Art. 101(1) of the Treaty on the Functioning of the European Union, unless it was objectively justied. To determine whether such a clause is objectively justied requires an individual and eCJ position specic examination of the content Selective distribution is dened and objective of that contractual under EU law as a system in clause and the legal and economic which the producer promises to context of which it forms a part. sell only to specic distributors The ECJ did not list all the cirwho meet certain criteria. The cumstances that might objectively distributors cannot resell the justify the use of such a restriction. goods to other distributors who do not belong to the system. This It did nd, however, that the need type of system is typically used for to maintain the prestigious image distribution of brand-name con- of the products cannot serve as an sumer products that require spe- objective justication for imposing cial sales skills, such as cosmetics a ban on Internet sales within a selective distribution network. Nor or jewelry.





Employment law

US tax compliance

The human side of the deal

Restructuring Under Polish law the transfer of an undertaking is not grounds for dismissal of an employee. This rule applies to both the he employment law aspects transferor and the transferee. of the sale of a business enBy Adam Brzeziski, Advocate, Other grounds that comply with tityreferred to in EU terSenior Associate at Salans, the Labor Code are acceptable. minology as the transfer of an unand Pawe Krzykowski, Advocate, In practice, the transfer of an dertakingare important in many Senior Associate at Salans undertaking is often the consecorporate transactions, especially quence of a corporate merger. those involving tangible assets, beAfter the merger, the new comcause, under Polish and EU law, the pany or the acquiring company transfer of an undertaking triggers ferred employees. The transferor often considers restructuring the the automatic transfer of employees and the transferee are jointly and (by operation of law) from one em- severally liable for any employment- new entity by laying off employployer to another, on the same related obligations which arose prior ees for economic reasonsfor example, to make the company terms of employment. to the transfer, but in some cases more efcient or to unify two difSome important practical aspects only the new employer is liable for related to the transfer of employees such obligations. The new employer ferent pay systems. In such situaunder Polish law are discussed is generally bound by all of the trans- tions, management may wonder below. In particular, we draw atten- ferors obligations to the transferred whether they are allowed to reduce the workforce after the tion to issues related to restructur- employees. This applies not only to ing involving the transfer, and emobligations under employment con- transfer, given that the labor law says that the transfer of an unployees entitlement to severance tracts. The new employer is also dertaking is not grounds for dispayments if they decide to termibound by obligations under collecmissal of an employee. Can the nate their contract because they do tive bargaining agreements, pay two different pay schemes, of the not want to work for the company rules, bonus programs and the like. that would take them over. However, the new employer may at- previous employer and the new employer, be harmonized? tempt to amend or even terminate It seems that restructuring denition of a transfer particular employment contracts (i.e. terminating) or harmonizing First of all, there is no legal deniunder general rules of labor law. employment contracts after a tion of a transfer in Polish law, transfer should be deemed adand the understanding of the conNotication missible, so long as it complies cept has been developed by case The transferor and the transferee with the general rules for termilaw. The transfer of a business are required to inform the employtakes place when its tasks or assets ees about the planned transfer. The nating or amending employment are taken over by another entity. notication procedures vary depend- contracts. Employers are entitled to make economic decisions This is the case in particular with ing on whether there are trade aimed at making their business the sale of an enterprise or part of unions operating at the workplace. an enterprise, or an organized colThe trade unionsor the individual more protable, and should be free to create their own organizalection of assets. The employees employees if there are no trade connected with the business are unions operating at the workplace tional structure. In our view, dismissals on taken over by the purchaser by opshould be informed in writing at grounds of redundancy should be eration of law. It is crucial to releast 30 days in advance of the date permitted even if they occur after member that the parties to the of the transfer. The notice must a transfer, on condition that the transfer cannot override the law on state the date of the transfer, the the transfer of undertakings if it ap- reasons for the transfer, the legal, new employer (i.e. the transplies. The law regarding the trans- economic and social consequences feree) ensures that the decision fer of undertakings will not apply if of the transfer for the employees, is fair under the Act on Group as a result of the transaction there is the intended actions concerning the Layoffs (applicable also to indionly a change of control (as in the terms of employment (work condividual dismissals for reasons atcase of a sale of shares), as there is tions, pay and re-training). If the tributable exclusively to the emno change of employer. employer does not fulll the obliga- ployer). In particular, the emtion to notify the trade unions or ployer should ensure that the seLiability employees of the intended transfer, lection for redundancy is fair and As a consequence of the transfer of it may be liable for any resulting just, and should not be based on an undertaking, the transferor is re- damage (there are no other sancthe fact that the given person is a placedautomatically, by operation tions). In addition, consultations transferred employee. of lawby the transferee in all em- with trade unions are required if the This position appears to be ployment contracts with the transtransfer involves changes in the consistent with Art. 4 of the Ac34 AMERICAN INVESTOR WINTER 2012

When you buy or sell a company with employees, beware how you handle the staff

Watch your step

ever, with respect to collective bargaining agreements, because, under Polish law, for one year after the transfer of an undertaking or part of an undertaking to a new employer, the employees continue to be covered by the provisions of the collective bargaining agreement that applied to them before the transfer. Severance payments Within 2 months of the actual transfer, any transferred employee may terminate his or her employment contract on 7 days notice. Under the Polish Labor Code, this has the same legal effect as if the contract were terminated by the employer, which in certain situations is benecial for the employees (e.g. they could be entitled to receive state unemployment benets immediately). In practice, employees who terminate their employment contracts this way often demand statutory severance pay. Many such cases have been heard by the labor courts. According to judicial precedent, employees who terminate their employment on 7 days notice due to a transfer will not always be entitled to statutory severance pay. This entitlement arises only if the employee terminates the employment relationship within 2 months after the transfer due to a seriously negative change of working conditions, e.g. a salary reduction, a change in the type of work, a change in the place of work, or a change of the work schedule. It appears that an employee terminating the employment contract on 7 days notice should indicate the reason for termination. This means that if the employee wishes to receive severance pay, he or she should specify as the grounds a signicant change of working conditions to the employees disadvantage. If the employee does not indicate this reason, the termination will still be effective but it will not entitle the employee to receive severance pay. In the case of a court dispute, the employee would have to produce evidence of entitlement to severance.

terms of employment of the transferred employees.

quired Rights Directive (Council Directive 2001/23/EC of 12 March 2001), which provides that the transfer of an undertaking or business, or part of an undertaking or business, does not in itself provide grounds for dismissal by the transferee or the transferor, but it should not stand in the way of dismissals for economic, technical or organizational reasons entailing changes in the workforce. Although there are no recent court rulings on this subject, it cannot be completely ruled out that a court might nd that restructuring is in fact the consequence of a recent transfer. Therefore, in such a case, termination notices stating reasons such as restructuring might be deemed unfair under the general rule that the transfer of the workplace cannot be grounds for terminating an employment contract. Moreover, some labor law experts take the view that dismissals carried out just before a transfer to obtain a higher price for the business should be found to be in violation of the rule that the transfer of an undertaking cannot constitute grounds for terminating an employment contract. Harmonization The new employer should also be entitled to harmonize pay systems after the transfer of the undertaking. It requires compliance with the formal procedure for amending the terms of employment. Under Polish court rulings in certain cases, such harmonization may even require compliance with the procedure for group layoffs (involving consultations, notication of the labor ofce, and so on). However, if the new employer (i.e. the purchaser) does not harmonize the terms of employment after the transfer, it could be exposed to an accusation of discriminating against employees who receive worse salaries or benets after the transfer of an undertaking than other employees (originally hired by the other employer). There is one important restriction, how-

Expats who fail to comply with US tax laws are skating on thin ice
n December 8, 2011, the US Internal Revenue Service quietly published on its website a fact sheet summarizing the tax and reporting obligations of US citizens living abroad. As IRS Commissioner Doug Shulman warned earlier in the year, the IRS is not letting up on international tax issues, and more is in the works. The risk of being caught will only increase. Publication of the fact sheet represents a progressive shift in the US governments recent tax enforcement efforts to include taxpayers who may have been honestly unaware of their obligations. Over the past five years the US government has aggressively pursued tax enforcement beyond its own borders, first by prosecuting Swiss bankers and their US clients and then by initiating two amnesty programs designed to capture hidden offshore bank accounts, all while opening new offices abroad and adding staff to existing overseas offices. These efforts have proved to be enormously successful by netting tens of thousands of non-compliant taxpayers and hundreds of millions of dollars in back taxes and penalties. Even honest Americans abroad are now afraid that if they dont somehow clean up their US tax situation, they will be stopped and questioned upon returning to the US, or worse. In Canada, home to over a million Americans, the resulting public outcry has prompted negotiations between leaders of both countries. As of the writing of this article, the IRS has confirmed

By Jakub Kucharzyk, attorney, Kaye Scholer LLP New York, , and Aldona Leszczyska-Mikulska, legal and tax adviser, head of the Private Client practice, Wardynski & Partners, Warsaw

rectly, or having the authority to control an account owned by someone else, including an employer, may create an obligation to file an FBAR. The penalties for failing to do so are severe: USD 10,000 per account, up to the greater of USD 100,000 or 50% of the value of the accounts, depending on the willfulness of the failure to file. Seek professional assistance US persons living abroad should consult with counsel to determine their filing requirements. If they are pro-active, they will very likely be able to avoid the most draconian penalties. Given the onerous reporting requirements the US imposes on its citizens and Green Card holders regardless of where they reside, many Americans living abroad, including in Poland, are considering the advantages of relinquishing their US citizenship or Green Card status. The consequences of expatriation are complicated and should be considered carefully with a trained tax adviser. Watchful Poland Americans in Poland should also be mindful that the tolerant stance that the Polish Ministry of Finance has taken over the last 20 years with regard to individuals declaring limited tax residency in Poland is now being reassessed. Recently, the ministry has dedicated staff in tax offices to take charge of a more systematic analysis of the annual tax statements of nonresidents. How effective these changes are remains to be seen, but it is clear that the authorities on both sides are taking an active approach to issues affecting the taxation of Americans in Poland.

that announcement of a tax amnesty for Americans in Canada is imminent. For Americans living abroad and with business interests elsewhere, the solution will be less straightforward. The first step, however, is to understand the US tax and reporting obligations. taxpayers obligations Generally, all US citizens and US permanent residents must file an annual income tax return reporting their worldwide income, regardless of where they reside. Failure to do so may subject a US person to penalties of up to 25% of the tax due plus interest. Many non-filers rationalize that they owe no US tax as a result of a credit for taxes paid in their resident country. Even this flawed justification is not available to many Americans in Poland, as most liberally treat themselves as non-tax residents of Poland, paying minimal Polish income tax. Furthermore, irrespective of their tax liability, Americans abroad must file certain other reporting forms, most importantly the Report of Foreign Bank and Financial Accounts, commonly known as the FBAR. Any US person who has a financial interest or signature authority over a foreign bank or financial account with a value of at least USD 10,000 is required to file an FBAR annually. Owning a foreign bank account, directly or indi-



Business relations


Build ber alliances

Effective B2B partnering is an organization-wide competency, not a silo function
hich business division is in charge of your most important business relations? Most executives would say the sales department or the public affairs team. How does your firm manage its outside business relations? Often the answer will be either a piece of marketing software that gauges customer satisfaction, or a particularly charismatic person engaged by the firm to partake in that fizzy business-mixer sport that only natural extroverts seem to excel at. The state of business relations should be of prime concern to every organization. However, the responses above are all too typical in how they do not begin to grasp the importance of promoting business relations management as a corporate-wide competency. Todays tendency is to pigeonhole the management of a companys networks, alliances and business relations with a specific department, person, or dedicated software solution. In a similar vein, the best sign that you are not getting enough mileage out of your business relations is that this competency is expected to deliver a specific function, be it to increase sales or to cut a business deal. Breaking out of this type of silo thinking is the first step to engaging in better business relations. collaborate with outside firms, business relations management becomes a corporatewide competency and turns your organization into one structured around creating alliances and allies in every field. Alliance organizations Partnerships should not be short-term collaborations struck up in times of crisis. Developing alliances, creating partnerships and engaging in new collaborations with various industries and across diverse environments should be at the heart of a flexible corporate culture. Alliance organizations are recognized by their broad approach to engaging with outside firms. Partnerships are seen as vital, strategic and long-term engagements with the ever-shifting business environment. If partnerships were instead to be considered a luxury, the budget for maintaining these collaborations would be the first to go in times of belt-tightening. Partnerships are made at many levels of an organization; however, the approach is not that of a functional need to be immediately filled but of a broadly horizontal learning opportunity. Most collaborations can be beneficial across several units of a company. If a partnership with an outside organization only benefits one department, we are back in the silo mentality. By embedding partnerships in the long-term strategy of your company, and thus liberating them from performance reports, a wealth of added value can be generated from maintaining a lattice of alliances. Alliances are above all corporate-wide centers of expertise and resources, more akin to sounding boards than echo chambers. At best, partnerships share more than case studies and best practices. They allow each partner to gain mutual visibility in the industry, access new concepts and innovations, discover new modes of governance and corporate standards, and create new business offerings, uncover unspoken needs, encourage creative thinking and gain a better grasp of the landscape which the business operates in. In encouraging your corporate culture to be open to forming alliances, there are however two main pitfalls. The first is that insufficient funds will be earmarked. Creating and managing a network of alliances and partnerships is an investment of time and resources. If after the initial PR announcement, no other means are put into place to maintain the partnership, the best of alliances are destined to failure. This can be countered by promoting partnerships as a core corporate strategy and not a short-term tactic or one-off perk in times of plenty. This will be crucial in providing the business network the legitimacy and long-term resources needed to generate value over time. The second risk is that entering a partnership will be considered internally as an M&A and thus be straitjacketed into formal agreements, limiting the scope for communication and crossboard collaboration. Business relations management must be a corporate-wide competency, not a silo-specific specialty. Staff across all units should be encouraged to identify potential new partnership opportunities. Managing your business relations means much more than sending your signed Christmas card to a top client. Make it your corporate New Years resolution to generate much more value out of your business relations this year.

Halloween Business Mixer


By Anya Margaret Ogorkiewicz, Co-chair of the AmCham Marketing & Communication Committee and Managing Director, The Keryx Group

he Pure Sky Club in the Lumen ofce building in Warsaw was the venue of the 2011 Halloween Business Mixer. While the lucky participants took home rafe prizes, all enjoyed food and drink and had a good time until late.

tency by assigning it to a particular unit is an example of silo thinking. Besides the government relations or sales department, a holistic view of your firm might reveal that your top business relations executives are found in such diverse units as investor relations, R&D, media relations, procurement, supply chain management or community relations. Office and administration managers who interface with a companys vital service providers are also key business relations managers. Moreover, in each of these separate business units, the value of a business relationship may be defined through the sales or deals that it has recently delivered for the department. Following the 80/20 rule, where 80% of any business comes from 20% of the customers, many companies are seeking ways to minimize the energy spent on the vast majority of their business relationships. If you expect your engagement with outside partners to regularly show up in the quarterly revenue report and be broken down per departmental unit, your organization is not getting the most value out of its business relations investment. There are several ways for escape the silo breaking out of silo thinking, Silos are the large cylinders that separate and store grain after the from cross-training staff to changing the corporate reward harvest. In firms organized into systems to better encourage business units, silo thinking is cross-departmental work. Anwhen a particular competency is other good way to unite indeassigned to a particular group, pendent parts of the business is which may create self-organized entities, much like silos in a land- by making business relations management the heart of your scape, that mark their distance from other business units within companys long-term strategy. By the same company. Compartmen- bringing together the best practices of all the employees who talizing a key business compe-




1. Dorota Dabrowski, AmCham Executive Director; Wojciech Dziomdziora and Andrzej Bobiski, Telekomunikacja Polska; Pawe Tynel, Ernst & Young. 2. Alexander King; Adam de Sola Pool; Paul Fogo, AmCham Board Member. 3. The raffle: Anita Kowalska, AmCham; Paul Cowen, Pure Sky Club; Marzena Drela, AmCham. 4. Radosaw Lesiak from Avis with a lucky raffle winner. 5.Robin Wendell-Zabielowicz, Ernst & Young; Pawe Wide, General Motors. 6. Tomasz Bieliski, Bank Zachodni WBK; Marzena Drela. 7.Joanna Chomicka, US Commercial Service; Pawe Pudowski, Marathon Oil, with his wife. 8. Elbieta Raczkowska, John Bower, Aleksandra Gren, Fiserv; Sylwia Puzanowska, Kancelaria Prawa Pracy. 9. Paul Cowen; Jenny Norris, Jacek Duwadziski, UPS. 10.Katarzyna Borucka, Coca-Cola Poland Services; Pushkar Butani, MediaPolska. 11. Joel Montgomery, Endeavor Global; Rick Lada, AmCham Vice Chairman. 12. The mixer in full swing.





AmCham Events


Face to face with the Euro 2012 czar

he Warsaw InterContinentals Hemisphere restaurant was the venue of the Monthly Breakfast Meeting in November, which featured Marcin Herra, CEO of PL.2012, the company that coordinates and oversees all investment processes in Poland for smooth execution of the Euro 2012 soccer championship.

Business in high gear

Organizers Sponsors
he Speed Business Meeting and Business Mixer in November was the latest in a series of cooperative events between AmCham and the Scandinavian-Polish Chamber of Commerce. This time the venue was the Sheraton Warsaw.

Supporting sponsors

1. Guest speaker Marcin Herra, CEO of PL.2012; Judith Y. Gliniecki, AmCham Vice Chair. 2. Pawe Pudowski, Marathon Oil; Paul Zalucky. 3. Marcin Herra; Andrzej Pawelczak, Animex; Richard Kauyski, Kauyski & Madeja. 4. David DeBenedetti, DeBenedetti, Majewski, Szczeniak; Howard Melemed, CA Wireless; Dorota Dabrowski, AmCham Executive Director. 5. Dorota Dabrowski; Andrzej Sitko, Arup. 6.Judith Y. Gliniecki; Brian Bode; Andrew Hope. 7.Rick Lada, AmCham Vice Chairman; Jean-Michel Lathuilliere, Sotel Warsaw Victoria. 8. Tony Housh, AmCham Board Member; Irene Grzybowski.



1. Speed Business Meeting. 2. Agnieszka Kowalcze, Director, Scandinavian-Polish Chamber of Commerce; Carsten Nilsen, Chairman, Scandinavian-Polish Chamber of Commerce; Dorota Dabrowski, AmCham Executive Director. 3. Dorota Dabrowski; Przemysaw Andrzejak, Business Angels Guild. 4. Robert Korzeniowski; Micha Szwarc, Techsoup Foundation. 5. Tomasz Respondek, Supertour Lufthansa City Center; Alina Gronek, UBD; Dariusz Malczyk, Medicover. 6. Karolina Figura, Miller Caneld; Paul Fogo, AmCham Board Member. 7. Agata Prosiska, Thomas Schoen, Sheraton Warsaw Hotel. 8. Pera beer on tap. 9. Dorota Dabrowski tries a Time Spa Zen treatment. 10. Angelo Pressello, Direct Communication; Thomas Sullivan, Robinson Europe. 11.Lucky winners at the rafe took home 26 prizes.



AmCham Events

5th Manufacturers Forum

AmCham Council Meeting



ow to take competitive advantage of the specific situation of Polands growing economy and curb the growing costs of electricity were the two issues that dominated the 5th Manufacturers Forum, a day-long conference in December for manufacturing professionals from southern Poland. (More on page 20.)


he medieval interior of Collegium Maius, the oldest building at Jagiellonian University in Krakw, was the venue of the AmCham Council meeting in December, attended by representatives of the American business community in southern Poland, the US Consulate, local government and higher education.



12 10
1. Monika Pilarska, AmCham Krakw Director, with Marek Matraszek, CEC Government Relations. 2. Dorota Dabrowski, AmCham Executive Director, opens the forum. 3. Allen S. Greenberg, US Consul General in Krakw. 4. Paul Fogo, AmCham Board Member. 5. Sawomir Szpak, Rockwell Automation. 6. Henryk Kali, ZGH Bolesaw. 7. Zbigniew Liptak, Ernst & Young; Stefan Dzienniak, ArcelorMittal; Jerzy Kozicz, CMC Zawiercie; Sawomir Szpak; Krzysztof Sieradzki, KGHM Polska Mied; Marcin Jakubaszek, Miller Caneld. 8. Zbigniew Liptak. 9. Stefan Dzienniak; Jerzy Kozicz. 10. Jan Przepira, RR Donnelley; Jerzy Kozicz; Piotr Gska, Cooper Standard. 11. Marek Rajca, Silgan White Cap. 12. Krzysztof Sieradzki; Marcin Jakubaszek. 1. Prof. Andrzej Mania, Prof. Stanisaw Walto, Jagiellonian University; Ewa Martuszewska, Fluor; Marek Suczyk, Kroll Ontrack; Adam Czasak; Andrzej Kiedrzyn, Miller Caneld. 2. Monika Pilarska, AmCham Krakw Director; Stanisaw Walto; Allen Greenberg, US Consul General to Krakw. 3. Andrzej Kiedrzyn; Magorzata Podrecka, Can-Pack. 4. Dave Gibson with his wife, and Ewa Martuszewska, Fluor. 5. Tomasz Berbeka, International Paper; Allen Greenberg. 6. Pawe Tynel, Ernst & Young; Alex Fiszer, Klub Marchot; Allen Greenberg. 7. Stanisaw Walto; Ewa Martuszewska; Andrzej Mania. 8. Tomasz Berbeka; Prof. Janusz Szpytko, AGH University of Science and Technology. 9. Mike Dietz, Sabre; Pawe Mazur, Wardyski & Partners. 10.Stanisaw Walto; Monika Pilarska; Pawe Mazur.





AmCham Events

Christmas Business Mixer



he 9th annual Christmas Business Mixer, a joint production of AmCham Wrocaw and the British, French, German, Irish and Scandinavian chambers of commerce, has become a highlight of the holiday season for the international business community in Lower Silesia. Special thanks go to Platinum sponsors KPMG and Crdit Agricole; Gold Sponsors Akcja Job and Nelson Lamartine Executive Search; Silver Sponsor Campanile and Premiere Classe Hotels; Bronze Sponsors Avis, Baker Tilly Poland, Contact Center, Cukier Krlewski, Legnica Special Economic Zone, Randstad and Start People; Product Sponsors Kraft Foods, Starbucks, PM Group and Xpress; and Lottery Sponsors IBB Andersia Hotel, Avis, Clarena, Baker Tilly Poland, Curver, Crdit Agricole, Deloitte, Hertz, Hotel Zamkowy, Leroy Merlin,, Mennica Wrocawska, Grupa Trinity, PM Group, Scandic Wrocaw, Siemens, and Xpress.







1. Tasting Starbucks Christmas-flavored coffee. 2. Hosts of the event: Iwona Makowiecka, German chamber; Joanna Bensz, AmCham; and Ilona Chodorowska, British chamber. 3. Jerzy Tutaj, Lower Silesia province government. 4. Janusz Charytonowicz, KPMG. 5. Philippe Mari, Crdit Agricole Polska. 6. Michael Kern, German chamber; Joanna Bensz. 7. Agnieszka Kowalcze, Scandinavian chamber; Joe Tunney, British chamber. 8.Jessica Glover, British Embassy. 9. Jeffrey Vick, US Deputy Consul General. 10. Michael Kern chatting with one of the guests. 11. Boena Krzyanowska live. 12. Joanna Bensz, Pat McGrath, PM Group. 13. Tasting sweets from Kraft Foods. 14. Ilona Chodorowska with a lucky lottery winner. 15. Applause for Boena Krzyanowskas performance. 16.Monika Constant, French chamber; Iwona Makowiecka; Joanna Bensz; Ilona Chodorowska. 17. Delicious food was plentiful.





AmCham Events
Annual General Meeting & Christmas Reception

Once a year in December

Main sponsor:


he Westin Warsaw was the venue of the AmCham Annual General Meeting in December, which included voting on the annual report and amendments to the constitution. The guest speaker was Prof. Jerzy Buzek, president of the European Parliament, who received the AmCham 20th Anniversary Statesman Award. AmCham also handed out the awards for its Student Essay Contest. The meeting was followed by the Christmas Reception, with a special fusion menu prepared by Janusz Korzyski, Westin Warsaw Executive Chef. The reception was generously sponsored by Citrix Systems, with help from CEDC, Coca-Cola Polska, and the Westin Warsaw.

Supporting sponsors: 12



Media Patrons:


14 15

4 16 17 18

1. Joseph Wancer, AmCham Chairman. 2. Voting. 3. Dorota Dabrowski, AmCham Executive Director, with Board Members Thomas Kolaja, Paul Fogo, Judith Y. Gliniecki, Piotr Jucha, Joseph Wancer and Rick Lada; Jerzy Buzek, president of the European Parliament; Board Members John Lynch and Robert L. Koski; William Heidt, Charg dAffaires, US Embassy. 4. Bartomiej Morzycki, Hewlett Packard; Pawe Wide, General Motors; Jerzy Buzek; Jola Jaworska, IBM; Agnieszka Jankowska, GE. 5. Joseph Wancer; Jerzy Buzek; Rick Lada. 6. William Heidt; AmCham Essay Contest participants Zoa Krasodomska, representing Cisco Systems; Zoa Hecht, representing Staffer; and Oliwia Jakubowska, representing Mars Polska; Grand Prize winner Dorota Niedwied, representing UPC Polska; Joseph Wancer. 7. David Green, AmCham auditor, PwC. 8. Robert Lange,Agnieszka ukasiak, Magdalena Ostrowicz, Artur Cyganek, Citrix Systems. 9. Anita Kowalska, AmCham, with Richard Engel, winner of the rafe grand prize sponsored by Citrix Systems. 10. Marek Matraszek, CEC Government Relations; Elisabeth Asiri, IBM Polska. 11. William Heidt.12. Alain Bobet. 13.Dorota Niedwied reads her essay. 14. Tony Housh; Robert Koski. 15.Thomas Kolaja; Alexander King. 16. Peter Kay and Stan Popow, AmCham Board Members. 17. Marek Sowa; Tomasz Wrblewski, editor-in-chief, Rzeczpospolita daily. 18. Piotr Jucha; Pawe Pudowski, Marathon Oil. 19. The Bols team.