Originally from Enforcement of Money Judgments

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I.  PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Basically, there are no obstacles to recognition and enforcement of foreign money judgments issued by foreign state courts and arbitration institutions since Belarus is a party to the New York Convention of 1958 as well as international (bilateral or multilateral) treaties. There are also some examples when decisions of foreign state courts were recognized and enforced by economic courts of the Republic of Belarus under the reciprocity principle in compliance with the procedure described in paragraph 2 below. However, recognition and enforcement of money judgments rendered by foreign courts is unlikely in the absence of a corresponding treaty between the states.

It is worth noting that the Edict of the Republic of Belarus No. 137 dated 07.04.2022 “On Writs of Execution” suspends enforcement of all writs of execution (court rulings, etc.) issued in favor of the residents of “unfriendly” countries (Commonwealth of Australia, EU Member States, Canada, Liechtenstein, Norway, New Zealand, Albania, Iceland, Northern Macedonia, the United Kingdom of Great Britain and Northern Ireland, USA, Montenegro, Swiss Confederation). In addition, banks and other financial institutions will not be allowed to accept a payment request on a writ of execution, filed by any such resident on their own without a payer’s consent. These restrictive measures do not prevent the very procedure of recognition and enforcement of foreign judgments and do not limit the possibility of subsequent application with a court order to the executor to initiate the enforcement proceedings, just such proceedings will be suspended.