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We advise on recovering debts from Belarusian residents, outlining practical steps, risks, and timelines to help you make informed, confident decisions.
How to Recover Debts in Belarus for Foreign Creditors
Expert guide on debt recovery in Belarus, securing payments for foreign creditors under local law.
Our clients
Debt Recovery for Foreign Creditors
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.
Disputed Claims
When the resident debtor does not dispute the claim, but does not fulfill it, and the non-resident has documents that confirm his claims, you can apply to the Belarusian economic Court in the order of writ proceedings. In this case, the court considers the case within 20 days without summoning the parties and issues an enforcement document: a ruling on a court order. If the debtor sends to the court a response to the claimant’s application with disagreement with the requirements, the court will refuse to issue a ruling on the court order to the non-resident. Disputes under contracts of assignment of claims and transfer of debt are not considered in the order of writ proceedings.
When a resident debtor objects to the claims of a non-resident, you can apply to the court with a statement of claim. In this case, the court summons the parties, examines the evidence and the trial can last up to seven months or even up to one year.
When Can a Foreign Company Recover Debt in Belarus?
When a foreign company enters into a contract with a Belarusian business or individual entrepreneur, the contract typically sets out the procedure for dispute resolution. If the contract specifies that Belarusian law governs the relationship, a pre-trial dispute resolution procedure becomes mandatory.
Additionally, the place where the contract was breached or remained unfulfilled must be Belarus. By default, this means following a claims procedure: the debtor, who failed to fulfill their obligations, must be formally served a demand (claim) from the foreign creditor. Only if the debtor does not respond or fails to satisfy the claim within one month of receiving it, can the foreign entity escalate the matter to court.
Court Jurisdiction
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.
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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.
Suspension of Enforcement
Following Belarus Presidential Decree No. 93 of March 14, 2022, the Council of Ministers identified a list of “unfriendly states,” including the EU, USA, UK, Canada, Australia, and others. While initial measures under Decree No. 93 were broad, a new Decree No. 137, effective from April 9, 2022, directly impacts debt recovery: it suspends compulsory enforcement of court orders in favor of residents from these states.
This means ongoing enforcement proceedings are frozen—no payments are made, though creditors retain their place in the queue. New enforcement requests may still be filed and formally opened, but will be immediately suspended under the decree. Importantly, the decree doesn’t restrict Belarusian debtors from voluntarily fulfilling obligations to these creditors.
Decree No. 137 narrowly defines affected “residents” as foreign legal entities, branches, and certain international organizations—excluding private individuals and subsidiaries in Belarus. However, future clarifications or tighter controls are possible. We closely monitor these developments and will keep clients informed of any practical impacts.
Who Qualifies as a “Resident of an Unfriendly State” Under Belarus Decree No. 137?
Decree No. 137 adopts a narrower definition than the earlier Decree No. 93. While Decree No. 93 broadly targeted “persons from foreign states,” including businesses primarily operating in or controlled by entities from “unfriendly states,” Decree No. 137 applies only to specific residents of these countries that have taken unfriendly actions against Belarusian individuals or entities.
Legal Steps
Documents issued in a foreign language must be translated into the official language of Belarus: Russian or Belarusian. We recommend that you make a translation in Belarus, with an interpreter who cooperates with notary offices. The translation must be notarized.
Step 1. Payment of the state fee. Before submitting an application to the court, you need to pay a state fee of 10 basic units. This is 370 Belarusian rubles.
Step 2. Consideration of the application by the court. The court considers the application for recognition and enforcement of a foreign court decision with the summons of representatives of the parties.
Step 3. Recognition of a foreign court’s decision. In case of recognition of the decision of a foreign court, the Belarusian court issues a court ruling and a court order to the representative of the claimant — this is an executive document.
Step 4. Execution of a foreign court’s decision. After receiving the court order, an application for the initiation of enforcement proceedings is drawn up. Together with the court order, it is sent to the system of enforcement agencies for collection from the debtor.
Since April 10, 2022, the execution of executive documents in favor of residents of foreign countries who are declared unfriendly has been suspended. The list of unfriendly states includes 13 positions, including the member states of the European Union, the United States, Canada, and the United Kingdom. The execution of decisions of foreign courts made in favor of business entities, for which the Belarusian court’s rulings on recognition have been received, has been suspended. The execution of decisions of foreign courts in favor of individuals has not been suspended.
Time Limit
Decisions of foreign courts may be submitted for enforcement within three years from the date the decision enters into legal force, unless otherwise provided by an international treaty.
If this time limit is missed, it may be restored by the court upon request, provided the reasons for the delay are deemed valid.
A foreign arbitral award submitted for enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on June 10, 1958, may be enforced even after the expiration of the three-year period.
Covered Entities
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.
Our Services
Contract & Dispute Analysis
Our team analyzes your contract and dispute, highlights strengths and weaknesses, and provides clear guidance on pursuing debt recovery under Belarusian law.
Optimal Recovery Strategy
We identify the most efficient legal route to recover your debt, balancing speed, cost, and success likelihood for your unique situation.
Document Preparation & Filing
We prepare all necessary legal documents, ensuring compliance with Belarusian court standards, and handle timely submission to start your recovery process.
Court Representation
Our attorneys represent you under power of attorney, manage hearings, protect your interests, and argue your case effectively before Belarusian courts.
Jurisdiction Selection
We evaluate your contract and debtor profile to recommend the best jurisdiction for filing your claim, maximizing enforcement prospects and minimizing delays.
Claim Filing
We draft and submit your claim to the appropriate Belarusian court, structuring arguments and evidence to strengthen your position from the outset.
Court Attendance
We appear on your behalf in Belarusian court sessions, present evidence, question witnesses, and safeguard your rights throughout the proceedings.
Judgment & Enforcement
We obtain the court ruling and oversee enforcement actions, coordinating with bailiffs to secure payment from the debtor’s assets as quickly as possible.
When Can a Foreign Company File a Debt Recovery Case in Belarusian Economic Court?
International treaty jurisdiction
Belarusian economic courts hear disputes when an international treaty (like CIS agreements) grants jurisdiction—covering cases tied to debtor location, business activities, or contract performance in Belarus.
Close connection to Belarus
Courts assess a strong link to Belarus based on the debtor’s residence, property located in Belarus, or contractual obligations requiring fulfillment within Belarusian territory to establish jurisdiction.
Exclusive court competence
Certain disputes—like those over Belarusian state property, local real estate, bankruptcy, or removing asset seizures—fall under the exclusive jurisdiction of Belarusian economic courts and cannot be shifted elsewhere.
Written agreement on jurisdiction
Parties can sign contracts or separate agreements directing disputes to Belarusian economic courts or arbitration. However, they cannot override laws assigning exclusive jurisdiction to specific Belarusian courts.
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General Procedure for a Non-Resident Filing a Debt Claim in Belarusian Court
Legal Service Process
1
Initial Contact
We discuss your situation, gather preliminary information, and determine if your case aligns with our expertise and Belarusian legal framework.
2
Analysis & Legal Assessment
Our team reviews documents, assesses risks, and provides a clear opinion on your position, strengths, and chances of successful recovery.
3
Commercial Offer
We prepare a transparent proposal outlining our fees, scope of work, estimated timelines, and strategy tailored to your specific legal needs.
4
Contract Signing
We formalize our cooperation through a service agreement, detailing responsibilities, confidentiality, and payment terms to protect your interests.
5
Court Representation
We handle filings, attend hearings, present evidence, and advocate your position before Belarusian courts with full procedural compliance.
6
Obligations Fulfillment
After securing a judgment, we assist with enforcement procedures, monitor payments, and ensure the court’s decision is properly executed.
Why Us
Experienced Lawyers
Our team of seasoned attorneys understands complex cross-border cases and confidently guides you through Belarusian legal processes with deep local expertise.
Proven Track Record
We’ve successfully resolved numerous international disputes, consistently protecting clients’ interests and securing favorable outcomes in Belarusian courts.
We Speak Your Language
Communicate comfortably — our lawyers work in English and Russian, ensuring nothing gets lost in translation and you’re always fully informed.
Client-Centered Approach
We tailor strategies to your specific goals, provide clear updates, and make your priorities our mission throughout every stage of your case.
Results-Driven Focus
We measure success by your outcomes, diligently pursuing each case to secure payments, enforce judgments, or settle disputes advantageously.
Cross-Industry Insight
From IT to manufacturing, we understand diverse business sectors, offering nuanced legal solutions that align with your industry’s realities and challenges.
FAQ
Can a foreign company collect a debt from a Belarusian business partner through Belarusian courts?
Yes. A foreign company can pursue debt recovery through the Belarusian economic court system, provided certain conditions are met: the contract between the parties must specify that Belarusian law governs dispute resolution, and the breach or non-performance must have occurred on Belarusian territory. Before filing in court, the foreign creditor is obligated to go through a mandatory pre-trial claims procedure — sending a formal written demand to the debtor and waiting at least one month for a response. Only if the debtor fails to respond or satisfy the claim within that period can the case be escalated to court.
What are the two main routes for filing a debt claim in a Belarusian economic court?
The available route depends on whether the debtor contests the claim. If the debtor does not dispute the debt and the creditor has clear supporting documentation, the case can proceed under simplified summary (writ) proceedings. The court reviews the application within 20 days without summoning the parties and issues an enforcement order. If the debtor files objections, or if the dispute involves assigned claims or transferred debts, summary proceedings are unavailable. In that case, the foreign creditor must file a full statement of claim, which involves formal hearings, examination of evidence, and can take anywhere from several months to over a year to conclude.
How does a foreign company participate in Belarusian court proceedings without being physically present?
Foreign companies typically act through a local legal representative operating under a notarized power of attorney. The power of attorney must be translated into Russian or Belarusian and notarized. The representative handles all procedural steps: filing documents, attending hearings, presenting evidence, and managing enforcement. Foreign-language documents submitted to the court must also be accompanied by certified translations. Depending on the country of origin, some documents may additionally require an apostille or consular legalization, unless an applicable international treaty exempts them.
How do Belarusian Presidential Decrees No. 93 and No. 137 affect debt recovery by foreign creditors from “unfriendly states”?
Following Belarus Presidential Decree No. 93 (March 2022) and the subsequent Decree No. 137 (effective April 9, 2022), compulsory enforcement of court orders in favor of creditors from a defined list of “unfriendly states” — including EU member states, the USA, UK, Canada, and Australia — has been suspended. This means that while enforcement proceedings can still be formally opened, actual payment collection is frozen. Creditors retain their position in the enforcement queue, and Belarusian debtors are not prohibited from voluntarily fulfilling their obligations. Importantly, Decree No. 137 applies to foreign legal entities, branches, and certain international organizations — but not to private individuals or Belarusian subsidiaries of foreign companies, whose enforcement should not be suspended under a strict reading of the decrees.
What is the deadline for submitting a foreign court judgment for enforcement in Belarus?
A foreign court decision must generally be submitted for enforcement within three years from the date it enters into legal force. If this period is missed, the court may restore it upon application, provided the reasons for the delay are considered valid. Foreign arbitral awards submitted under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards may be enforced even after the three-year period has expired, which makes arbitration a more flexible enforcement route in cross-border disputes with Belarusian counterparties.
What documents must a foreign creditor prepare to file a debt claim in a Belarusian economic court?
The filing package typically includes: the original statement of claim or order application, proof of state fee payment (bearing the bank’s execution stamp, date, and original seal), a copy of the pre-trial demand sent to the debtor, all supporting documents establishing the debt, proof of the creditor’s legal status in its home country, and the representative’s power of attorney. State fees are calculated based on the claim amount using tiered percentages and are payable in Belarusian rubles or convertible currency. CIS-based creditors generally pay in Russian rubles.
What happens after a Belarusian court issues a judgment in favor of a foreign creditor?
If the debtor does not comply voluntarily, the foreign creditor can initiate enforcement proceedings by submitting an application to the Belarusian enforcement authority. The application must include details of both parties, information about the debtor’s known assets, banking details for the transfer, and the original court judgment. Enforcement officers open proceedings within three days, grant the debtor seven days to pay voluntarily, and then proceed with forced collection from the debtor’s assets if payment is not made. For creditors from “unfriendly states,” however, this enforcement stage is currently suspended under Decree No. 137.
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