Service of Judicial Documents in Belarus

The United States and Belarus, are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague, November 15, 1965, (Hague Service Convention). This service is recommended.

In addition, please be aware that many forum state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service".

Service in Belarus through the Hague Service Convention generally takes 3 months, but can take longer. No request for expedited service is acknowledged by the foreign judicial authorities. Because of this, we will provide an affidavit indicating that the service is in progress, that we are in compliance with applicable statutes, and when we reasonably expect service to be completed. This can be used to support a motion to extend, if necessary, and is provided at no additional cost. The judicial authorities in Belarus are not obligated to provide status. However, we will follow the service as closely as possible.

Please note: Depending on the forum court statutes, we may request that an order be obtained appointing our firm as an entity authorized to request service. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed. The cost for translation of the order will also be your responsibility.

All documents to be served should be translated into Belorussian. In accordance with article 5 of the convention, if the documents being served are not translated, the request for service can be denied by the judicial authorities of the destination country. In addition, it is common for the defendant to be given the option of refusing the service due to lack of translation and, in this instance, the documents would not be served if not accepted voluntarily by the defendant.

THE FOLLOWING IS REQUIRED FOR US TO EFFECT SERVICE THROUGH THE TREATY:

One set of service documents for each entity

Full name and address of entity to be served

Fees are due in advance and will be quoted prior to accepting the assignment.

Translation of all documents, unless you choose service without translation. If we are to provide translation, translation fees are also due in advance and will be quoted upon viewing the documents.

Service by private agent is available. However, it is wise to keep in mind that private agent service may be quashed in the originating US court and any US judgment obtained on the basis of private agent service may not be enforceable in Belarus.

Rather than risk challenges to an alternative method of service under Article 10(c), it would be prudent to not invite potential challenges or protracted appellate proceedings on questions of validity or adequacy of service by private agents in a Convention country.

Private agent service in a major area such as Minsk can be effected quickly. The complete turnaround time for this method of service is usually 2-3 weeks, but can take longer. Rush service is available for an additional fee. Service in other areas is dependent upon the location of the service address and difficulty of the assignment. There are many areas where travel is often difficult.

The proof of service will be in the form of an affidavit. If possible, the affidavit should be notarized at the US Embassy in Minsk. If this is not possible, due to prohibitive costs or travel, the affidavit will be notarized by a local Belorussian notary and the expense for this is generally high because the affidavit will need to be translated into Belorussian before it can be notarized. There would also be additional expenses incurred if there are applicable forum court statutes that require court authentication of a foreign affidavit. If you require notarization by a US Consular officer, or Court authentication, it would need to be requested and paid for by your office prior to completion of the service.

FOR US TO EFFECT SERVICE, WE REQUIRE THE FOLLOWING:

A complete copy of each of the documents to be served;

Full name, address and any other information available, for the entity being served;

Fees are due in advance and the basic costs will be quoted prior to accepting the assignment;

Translation of all documents, unless you choose service without translation. If we are to provide translation, translation fees are also due in advance and will be quoted upon viewing the documents.

If this is the method of service you choose, we require your written authorization to effect private agent service after being informed of the possible consequences.

Our office can provide all the integral services and assistance to effect service of civil process in Belarus using either of the above methods.

Limited areas of investigation, court record retrieval and various searches are available in Belarus. Please contact us to discuss your options if you require assistance other than the service of civil process.

Call Prestige Legal Services toll free at 1-800-784-7572 for your free, no-obligation quote.

* ALL FEES DUE IN ADVANCE