Pre-trial claim
We draft and send the mandatory pre-trial claim in Russian to the Belarusian debtor – maximising pressure for voluntary payment.
Debt Collection in Belarus for North American Companies
We advise companies from the United States and Canada on the options available for recovering debts from Belarusian debtors – including what remains possible under the current enforcement restrictions.
Our clients
Debt Collection from Belarusian Companies for US and Canadian Creditors
Companies from the United States and Canada pursuing debts from Belarusian counterparties face the same enforcement restriction that applies to EU creditors. Since April 2022, Decree No. 137 suspended compulsory enforcement of court decisions in favour of creditors from designated unfriendly states – a list that includes the United States, Canada and most Western countries alongside EU member states.
This means that compulsory enforcement through Belarusian bailiffs is currently suspended for US and Canadian legal entities. It does not mean there is nothing a North American creditor can do. Court proceedings remain available. Voluntary payment by the debtor is still possible. Alternative routes – debt assignment, arbitration, pre-trial negotiation – remain open. And the enforcement queue position is preserved for when restrictions are eventually lifted.
We advise US and Canadian companies honestly on what is and is not currently achievable – and pursue recovery through every avenue that remains open.
What the Moratorium Does and Does Not Mean
What the moratorium does: Compulsory enforcement through the Belarusian enforcement authority – attachment of bank accounts and seizure of assets through bailiffs – is suspended for judgments in favour of legal entities from designated unfriendly states including the US and Canada.
What the moratorium does not mean: The Belarusian economic court will still hear a case and issue a judgment – the suspension does not bar the proceedings themselves. The Belarusian debtor can still voluntarily pay – the decree does not prohibit that. New enforcement applications can be filed but will be immediately suspended – the creditor retains their position in the enforcement queue. Private individuals – natural persons – from the US and Canada are not subject to the suspension and can pursue full enforcement.
The moratorium applies to legal entities – companies and organisations. It does not apply to private individuals from the US or Canada who have personal claims against Belarusian debtors.
Debt Collection in Belarus
Professional legal help in the field of debts collection in Belarus.
Document Requirements for US and Canadian Creditors
Both the United States and Canada are parties to the Hague Apostille Convention – Canada joined on January 11, 2024. Documents from both countries require apostille rather than full consular legalisation.
For US companies: Company registration documents – certificate of incorporation or equivalent – require apostille from the Secretary of State of the relevant state of incorporation. For federal documents, apostille is obtained from the US Department of State. All apostilled documents must be accompanied by a notarised Russian translation.
For Canadian companies: Company registration documents require apostille from the relevant provincial or federal authority. Canada joined the Hague Convention on January 11, 2024 – before that date Canadian documents required full consular legalisation. All apostilled documents must be accompanied by a notarised Russian translation.
What North American Creditors Can Still Do
Pre-trial negotiation and pressure: A formal pre-trial claim in Russian from a licensed Belarusian lawyer carries significantly more weight than a demand letter from abroad. It signals that court proceedings are coming and that a judgment will be obtained regardless of the enforcement restriction. Belarusian debtors who want to maintain their commercial reputation sometimes prefer to pay voluntarily rather than face a formal judgment on record. We draft pre-trial claims that maximise pressure for voluntary payment.
Obtain a court judgment and wait: Filing a claim and obtaining a judgment now preserves the legal position. The creditor retains their position in the enforcement queue. When restrictions are eventually lifted, the judgment is immediately enforceable. A creditor without a judgment when restrictions lift will need to start from scratch and may face limitation period issues.
Debt assignment to a non-restricted creditor: The claim can be assigned – sold – to a company from a non-restricted country such as Russia, Kazakhstan or China. The assignee can then enforce the debt in Belarus without restriction. The US or Canadian company receives a discounted amount immediately rather than waiting for restrictions to lift. We structure and document debt assignments.
Arbitration: Where the contract contains an arbitration clause – ICC, LCIA, SCC or IAC at BelCCI – the arbitral award can be obtained and preserved for future enforcement under the New York Convention.
Private individual claims: Where the creditor is a private individual rather than a company – a US or Canadian national with a personal claim against a Belarusian debtor – the moratorium does not apply. Full enforcement proceedings are available.
Our services
Court proceedings
We file and manage the court claim – obtaining a judgment that documents the debt and preserves the enforcement queue position.
Debt assignment structuring
We advise on and document the assignment of the claim to a non-restricted creditor – enabling immediate recovery at a discount.
Arbitration support
We act as Belarusian counsel in international arbitration proceedings involving Belarusian counterparties.
Private individual claims
For US and Canadian nationals with personal claims against Belarusian debtors – we manage full enforcement proceedings which are not subject to the moratorium.
Enforcement monitoring
We monitor developments in the moratorium position and advise clients immediately when the enforcement landscape changes.
Why Clients choose us
Honest assessment
We do not oversell what is currently possible for US and Canadian creditors. We give a clear picture of the available options and pursue every avenue that remains open.
Pre-trial expertise
Pre-trial negotiation is the primary practical tool for North American creditors under the current restrictions. We draft claims that produce results at this stage where possible.
Judgment preservation
We obtain court judgments now – preserving the enforcement queue position for when restrictions lift.
Debt assignment
We structure and document debt assignments to non-restricted creditors where immediate recovery is preferred.
Apostille knowledge
We know the apostille requirements for both US and Canadian documents – including the specific procedures for different US states and Canadian provinces.
FAQ
Can a US company still sue a Belarusian company in a Belarusian court?
Yes – the moratorium does not bar court proceedings. The Belarusian economic court will hear the case and issue a judgment. What is suspended is compulsory enforcement of that judgment through bailiffs. Obtaining a judgment still has value – it documents the debt, creates pressure for voluntary payment and preserves the enforcement queue position.
Does the moratorium apply to private US or Canadian citizens?
No. The moratorium applies to legal entities – companies – from designated unfriendly states. Private individuals from the US and Canada with personal claims against Belarusian debtors can pursue full enforcement proceedings without restriction.
Do US company documents need apostille for Belarusian court proceedings?
Yes. The United States is a party to the Hague Convention. US company documents require apostille from the Secretary of State of the relevant state of incorporation. Federal documents require apostille from the US Department of State. All apostilled documents require notarised Russian translation.
Does Canada need apostille or consular legalisation?
Apostille – Canada joined the Hague Convention on January 11, 2024. Canadian documents now require apostille rather than the previous consular legalisation procedure. The apostille is issued by the relevant provincial or federal authority depending on the type of document.
What is debt assignment and how does it help US creditors?
The US company assigns – sells – its claim against the Belarusian debtor to a company from a non-restricted country such as Russia, Kazakhstan or China. The assignee pays the US company a discounted amount and then enforces the claim in Belarus without restriction. The US company receives immediate recovery rather than waiting for restrictions to lift. We structure and document these assignments.
Is voluntary payment by the Belarusian debtor possible despite the moratorium?
Yes. The decree does not prohibit Belarusian debtors from voluntarily paying US or Canadian creditors. A formal pre-trial claim from a Belarusian lawyer increases the likelihood of voluntary payment by signalling that formal proceedings are coming.
How long does the moratorium last?
The decree does not specify an end date. It remains in force until amended or repealed by a new Belarusian presidential decree. We monitor developments and advise clients when the position changes.
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