Non-resident companies sometimes face non-fulfillment by Belarusian business partners of obligations under contracts. This leads to financial losses and disagreements. When it is not possible to settle disagreements, debts from Belarusian partners can be collected forcibly. 

When a non-resident company can collect a debt in Belarus

When a non-resident company enters into a contract with a Belarusian company or an individual entrepreneur, the contract usually prescribes the procedure for resolving disputes under the contract. When the contract says that the parties use Belarusian legislation to resolve disputes, it is necessary to use the pre-trial dispute resolution procedure. In addition, the place where the contract is violated, not executed, should be Belarus. By default, this is a claim procedure: a debtor who has not fulfilled his obligations needs to send a claim with a non-resident’s requirements. Only after the debtor has not responded to the claim within a month after receiving it and has not fulfilled the obligation, the non-resident can apply to the court.

As a rule, they apply to the economic court at the location of the debtor. The location can be seen in the agreement on which there were disagreements.

How a non-resident can apply to the Belarusian Economic Court

It is most convenient to organize interaction with the Belarusian court through a representative office in Belarus. The representative will need, in particular, a power of attorney from a non-resident company. The power of attorney will need to be translated and notarized.

Such cases are generally filed in the economic court at the debtor’s location. This location is usually stated in the contract that gave rise to the dispute.

How a Foreign Company Can Recover Debt in Belarusian Economic Courts

Foreign companies seeking to recover debts from Belarusian partners typically do so through local legal representation. This requires issuing a notarized, officially translated power of attorney.

If the Belarusian debtor does not contest the debt and the creditor has clear supporting documents, the case can often proceed under simplified order (summary) proceedings. The economic court reviews the matter within 20 days without calling the parties and, if satisfied, issues a judicial order for enforcement.

However, if the debtor files objections or if the dispute involves assigned claims or transferred debts, this expedited process isn’t available. The foreign creditor must then file a full lawsuit. This involves formal hearings, examination of evidence, and can take several months to over a year to conclude.

Local legal experts help ensure documents comply with Belarusian requirements and guide the case through the proper procedure for the best chance of successful recovery.

According to Belarusian currency regulation law, this includes:

• Foreign legal entities
  



• Branches and representative offices of foreign companies, whether located in Belarus or abroad
  



• Individual entrepreneurs registered in foreign states
  



• Foreign non-corporate organizations and their branches or representative offices
  



• Diplomatic missions, consulates, and other official representations of foreign states
  



• International organizations and their subdivisions
  

Notably, this list does not cover private citizens of these countries, nor does it automatically extend to Belarusian subsidiaries owned by companies from “unfriendly states.” Based on a strict reading of the decrees, enforcement of court orders in favor of such individuals or subsidiaries should not be suspended. Still, further clarifications or new regulatory acts could change this interpretation. We continue to monitor developments closely and will keep clients updated on any changes impacting enforcement in Belarus.