Understanding Belarus’ Decree No. 278: Implications and Impact on Documents and Consular Services

Last September, a Decree from the President of Belarus, Alexander Lukashenko (Указ "О порядке выдачи документов и совершения действий”) effectively halted foreign consular services, impacting hundreds of thousands of Belarussians living abroad.

Without access to these services, citizens of Belarus are left with few options other than to return to Belarus—which many are hesitant to do.

The Decree

The Decree of the President of the Republic of Belarus No. 278, “On the Procedure of Issuing Documents and Performing Actions” was officially enacted on 6 September 2023.

The Decree outlines significant changes to the rules of consular actions and administrative procedures that are performed by diplomatic missions of Belarus at the request of citizens.

The Decree also proclaims that, if citizens need to procure various important documents, such as vital records, police clearance certificates and university degrees, or require notarized copies or apostilles/legalizations of such documents, they can only be obtained if the applicant or their representatives possess a power of attorney that has been executed exclusively in Belarus. Therefore, the power of attorney must be signed in Belarus in front of a Belarussian notary public, which is necessary for a third-party obtaining the documents.

Additionally, the Decree prevents Belarussian diplomatic missions from certifying powers of attorney and from issuing, exchanging and renewing Belarusian passports. As of the effective date of 6 September 2023, these actions can now only be carried out within Belarus.

Implications

Following the Decree’s enactment, Belarussian citizens are compelled to return to Belarus to obtain vital records and other documents that are required for the immigration process in many countries.

However, many citizens were (and remain) hesitant to return to the country due to safety concerns. Throughout the past few years, Belarus has imposed new rules and requirements that aim to restrict its citizens from leaving the country.

The Decree, combined with increasing restrictions on emigration, has sparked concerns that citizens may not be permitted to leave Belarus once they return. These limitations prevent Belarussians from obtaining important documents without jeopardizing their personal and political freedoms.

Assessing Long-Term Impacts: One Year Later

The restrictions imposed by the Decree threaten the immigration status of a significant demographic. With more than 1.5 million Belarusians living outside Belarus, the Decree has been questioned by multiple human rights agencies for putting Belarusians in the diaspora at risk.

Fragomen remains committed to adapting to the rapidly changing circumstances around the world to bring the highest quality service to clients. With a situation like that of Belarus, this includes staying up-to-date on the changing policies of surrounding countries as they work to adapt to these restrictions.

According to Fragomen’s alert, “Belarus/Lithuania/Poland: Belarusian Nationals Can No Longer Obtain or Renew Their Passports While Abroad,” Lithuania and Poland have both introduced exceptional circumstances and procedures to ensure that Belarusian citizens do not have to risk their safety by returning to Belarus to maintain their immigration status.

In response to the decree, Lithuania adopted a rule allowing Belarusian citizens to apply for a “foreigner’s passport,” which would allow them entry and exit to Lithuania for one year, with possibility of extension. However, only those with a residence permit in Lithuania are eligible for this foreigner’s passport. Officials at the Migration Department have assured that they will assess each case individually to ensure that Belarusians residing in Lithuania are not left with undocumented status.

In Poland, the Ministry of Interior and Administration allows foreigners holding temporary or permanent residence permits in Poland to apply for a Polish travel document if their passport has been destroyed or is expired, and they are unable to obtain a new one. This includes people who hold residence permits on humanitarian grounds.

Though this is a preexisting rule, liberalization in the case of Belarusian citizens is expected, given their situation. Eligible Belarusian nationals will be able to apply for Polish travel documents until December 31, 2024, after this policy was previously extended to June 2024. According to the Polish Ministry of the Interior, the travel document also serves as an identification document.

Need to Know More?

If you have any further questions about consular and documents services in Belarus, please contact Director David Iannella at [email protected] or Manager Maja Sugui at [email protected].

This blog was published on 12 September 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.