Pre-trial claim
We draft and send the mandatory pre-trial claim in Russian to the Belarusian debtor.
Debt Collection in Belarus for Latin American Companies
Licensed lawyers at AMBY Legal represent companies from Latin America in debt recovery proceedings against Belarusian debtors – including creditors from Brazil, Mexico, Argentina, Colombia, Chile, Peru and other countries in the region.
Our clients
Debt Recovery from Belarusian Companies for Latin American Creditors
Belarus has been actively developing trade relationships with Latin American countries. Belarusian potash fertilisers are among the most important exports to the region – Brazil, Argentina and Colombia are major buyers. Agricultural machinery, industrial equipment and IT services connect Belarusian companies with Latin American counterparties across multiple sectors. Trade volumes have grown particularly since 2022 as Belarus has actively sought to diversify its export markets.
Where there is trade, payment disputes arise. A company from Brazil, Mexico, Argentina or Colombia whose Belarusian counterparty has not paid – for goods supplied, services rendered or an advance not returned – has real legal options. The Belarusian economic court is accessible to foreign companies from any country. The process is manageable with the right local counsel and produces enforceable results.
AMBY Legal represents companies from Latin America in debt recovery proceedings against Belarusian debtors – managing all proceedings remotely and communicating in English throughout.
The Legal Framework for Latin American Creditors
Latin American countries are not part of the Minsk Convention or the EAEU framework. The general rules of Belarusian procedural law apply – with some country-specific variations on document legalisation.
Full standing for foreign companies: Any foreign company – including companies from Latin American countries – can file a claim before the Belarusian economic court without a local presence in Belarus. Representation by a licensed Belarusian lawyer is required.
No sanctions barrier: Companies from Brazil, Mexico, Argentina, Colombia, Chile, Peru, Ecuador, Venezuela, Cuba, Bolivia, Paraguay, Uruguay and other Latin American countries are not subject to the 2022 moratorium on enforcement in Belarus that affects creditors from EU member states, the United States and other designated unfriendly states. Latin American creditors can pursue and enforce claims in Belarus without restriction.
Apostille position: Most Latin American countries are parties to the Hague Convention – including Brazil, Mexico, Argentina, Colombia, Chile, Peru, Ecuador, Bolivia, Paraguay, Uruguay, Venezuela, Panama, Costa Rica, Honduras, El Salvador, Guatemala, Dominican Republic, Trinidad and Tobago and others. Documents from these countries require apostille from the competent authority in the country of issue. Cuba is not a party to the Hague Convention – documents from Cuba require full consular legalisation.
Recognition of foreign judgments: Belarus does not have bilateral legal assistance treaties with most Latin American countries providing for mutual recognition of court judgments. Cuba is an exception – Belarus and Cuba have a bilateral treaty on legal assistance. For most Latin American creditors, filing a direct claim in the Belarusian economic court is more reliable than seeking recognition of a home country judgment.
Debt Collection in Belarus
Professional legal help in the field of debts collection in Belarus.
Country-Specific Position
Debt collection for companies from Brazil: Brazil is a party to the Hague Convention – documents require apostille from the Brazilian notary or competent authority. No bilateral treaty with Belarus for mutual recognition of court judgments. Direct claim in the Belarusian economic court is the recommended route. Brazil is one of the largest buyers of Belarusian potash – disputes in this sector are among the most common we see from Brazilian creditors. Not subject to the moratorium.
Debt collection for companies from Mexico: Mexico is a party to the Hague Convention – documents require apostille. No bilateral treaty with Belarus. Direct claim recommended. Not subject to the moratorium.
Debt collection for companies from Argentina: Argentina is a party to the Hague Convention – documents require apostille. No bilateral treaty with Belarus. Direct claim recommended. Not subject to the moratorium.
Debt collection for companies from Colombia: Colombia is a party to the Hague Convention – documents require apostille. No bilateral treaty with Belarus. Direct claim recommended. Not subject to the moratorium. A growing trading partner for Belarusian agricultural products.
Debt collection for companies from Chile: Chile is a party to the Hague Convention – documents require apostille. No bilateral treaty with Belarus. Direct claim recommended. Not subject to the moratorium.
Debt collection for companies from Peru: Peru is a party to the Hague Convention – documents require apostille. No bilateral treaty with Belarus. Direct claim recommended. Not subject to the moratorium.
Debt collection for companies from Cuba: Cuba is not a party to the Hague Convention – documents require full consular legalisation. Belarus and Cuba have a bilateral treaty on legal assistance providing for mutual recognition of court judgments – Cuban court judgments can be recognised and enforced in Belarus through a recognition procedure. Cuba has traditionally close ties with Belarus and is one of the few Latin American countries with a direct bilateral legal framework.
Debt collection for companies from Ecuador, Bolivia, Paraguay, Uruguay, Venezuela, Panama and other countries: All are parties to the Hague Convention – documents require apostille. No bilateral treaties with Belarus. Direct claim recommended. Not subject to the moratorium.
Our services
Document legalisation
We advise on the apostille requirements for the specific Latin American country and coordinate the full legalisation and translation process.
Economic court claim
We prepare and file the statement of claim and represent Latin American creditors throughout the proceedings.
Cuban judgment enforcement
For Cuban creditors with existing Cuban court judgments, we manage the recognition procedure before the Belarusian economic court and subsequent enforcement.
Interim measures
We apply for interim measures to freeze the debtor's assets where there is a risk of dissipation.
Enforcement
We manage enforcement proceedings after judgment – from filing the enforcement application through to receipt of payment.
Potash and Agricultural Disputes
Belarusian potash fertilisers are a major export to Latin America – particularly to Brazil, Colombia and other agricultural economies. Disputes in this sector typically involve: unpaid invoices for delivered potash; advance payments made for fertiliser that was not delivered or delivered late; quality disputes where the delivered product did not conform to specifications; and contract termination claims where one party ended the agreement before completion.
We handle disputes arising from potash and agricultural commodity transactions between Belarusian suppliers and Latin American buyers – including multi-million dollar claims requiring both court proceedings and interim measures to secure the debtor’s assets.
Why Clients choose us
Latin American creditor experience
We represent creditors from outside the CIS framework – including Latin American companies – and understand the specific document requirements and procedural position for companies from the region.
Potash and commodity disputes
We handle disputes arising from Belarusian commodity exports to Latin America – including large-value potash and agricultural equipment claims.
Remote service
We manage all proceedings remotely – Latin American clients do not need to travel to Belarus at any stage of the process.
English communication
We communicate with clients in English throughout – managing all Russian-language procedural requirements on their behalf.
No sanctions barrier
Latin American creditors are not subject to the 2022 moratorium on enforcement in Belarus.
FAQ
Can a Brazilian company sue a Belarusian company in a Belarusian court?
Yes. Brazilian companies have full standing to file claims before Belarusian economic courts. Brazilian documents require apostille – Brazil is a party to the Hague Convention. Brazilian companies are not subject to the 2022 moratorium on enforcement in Belarus.
What documents from Latin American countries need apostille for Belarusian proceedings?
Most Latin American countries are parties to the Hague Convention – including Brazil, Mexico, Argentina, Colombia, Chile, Peru and most others. Documents from these countries require apostille from the competent authority in the country of issue. Cuba is the exception – Cuban documents require full consular legalisation.
Does the 2022 moratorium affect Latin American creditors?
No. The moratorium applies only to creditors from countries designated as unfriendly by Belarus – primarily EU member states, the United States, the United Kingdom and Canada. Latin American countries are not on this list.
How long does debt collection take for Latin American creditors?
From pre-trial claim to enforcement – typically four to eight months for a straightforward monetary claim. Document apostille from Latin American countries typically takes one to three weeks depending on the country and the document type.
Can I claim in US dollars even if my company is based in Latin America?
Yes. Claims can be filed in the contract currency – US dollars, euros or other currencies. Most Latin American commercial contracts with Belarusian counterparties are denominated in US dollars.