On Approval of the Rules of Transit Passage (Transit) of Foreign Citizens and Stateless Persons Through the Territory of the Republic of Belarus

Resolution of the Council of Ministers of the Republic of Belarus

No. 63 of January 19, 2006

[Amended as of July 9, 2010]

 

On Approval of the Rules of Transit Passage (Transit) of Foreign Citizens and Stateless Persons through the Territory of the Republic of Belarus

 

On the basis of part one of Article 37 of the Law of the Republic of Belarus of January 4, 2010 “On legal status of foreign citizens and stateless persons in the Republic of Belarus”, the Council of Ministers of the Republic of Belarus resolves:

1. To approve the following Rules of transit passage (transit) of foreign citizens and stateless persons through the territory of the Republic of Belarus.

2. To declare invalid the Resolution of the Cabinet of Ministers of the Republic of Belarus from January 25, 1996 62 «On approval of the Rules of transit passage of foreign citizens and stateless persons through the territory of the Republic of Belarus» (Code of Decrees of the President and Resolutions of the Cabinet of Ministers of the Republic of Belarus, 1996, No 3, Article 66).

3. This resolution enters into force on February 5, 2006.

 

 

 

Approved by the Resolution of the Council of Ministers of the Republic of Belarus  of January 19, 2006 No 63

 

 

 

Rules

of Transit Passage (Transit) of Foreign Citizens and Stateless Persons Through the Territory of the Republic of Belarus

 

1. These Rules are developed On the basis of part one of Article 37 of the Law of the Republic of Belarus of January 4, 2010 “On legal status of foreign citizens and stateless persons in the Republic of Belarus” (hereinafter – the Law) and other acts of legislation of the Republic of Belarus.

2. Transit passage (transit) of foreign citizen or stateless person on territory of the Republic of Belarus is a process of entering of foreigner to the Republic of Belarus from one state, following by a specific route through territory of the Republic of Belarus and his exit from the Republic of Belarus to another state.

3. Visa of the Republic of Belarus, granted to the foreigner by diplomatic representative or consular office of the Republic of Belarus for transit (here and after – transit visa) is permission, which gives to foreigner the right to transit through territory of the Republic of Belarus in the term not exceeding two days and which must be registered officially according to the legislation of the Republic of Belarus.

4. Transit passage (transit) of foreigners through territory of the Republic of Belarus without transit visa can be realized:

if foreigner have another visa of the Republic of Belarus, which gives him right to cross the State border of the Republic of Belarus;

by passengers` direct flight by air transport through the territory of the Republic of Belarus;

following to the country of destination by planes of the international airlines with transfer in the airport of the Republic of Belarus, when passengers have the documents with the right to entrance the country of destination and air tickets with the confirmation of dates of departure from the airport of transfer, if the period of staying on the territory of the Republic of Belarus will not exceeds 24 hours. Thus passengers have no right to leave the limits of specially allocated territory in the airport;

by citizens of the states, with whom Belarus has corresponding agreements on citizens` visa-free trips;

when the President of the Republic of Belarus establishes a visa-free order of carrying transit passage (transit) through the territory of the Republic of Belarus.

5. The foreigner, transit through territory of the Republic of Belarus, enters and leaves the Republic of Belarus by the valid passport or other document, which can replace it, to trip abroad and issued by corresponding state body of the foreigner country (his place of residence) or by international organization (hereinafter - the document to trip abroad), at presence of the transit visa or other visa of the Republic of Belarus, which gives the foreigner the right to cross the State Border of the Republic of Belarus if other is not stipulated by international treaties of the Republic of Belarus .

The competent state body of the Republic of Belarus can reject or refuse to give the transit visa or other visa to the foreigner by the bases stipulated in Article 30 of the Law.

6. When entering the Republic of Belarus, the foreigner should have the resources to cover his transit charges through territory of the Republic of Belarus in the equivalent volume of not less than 5 base units, established in the Republic of Belarus at the date of entrance the Republic of Belarus (hereinafter - base unit), on every day of transit.

When entering the Republic of Belarus the foreigner fills a migratory card, except for the foreigners who do not fill the migratory cards on entrance of the Republic of Belarus and do not show them at the exit from the Republic of Belarus according to the legal acts and the treaties of the Republic of Belarus.

The filled migratory card together with the document to trip abroad must be presented to the official of the bodies of border service of the Republic of Belarus on a State Border of the Republic of Belarus check point. At exit from the Republic of Belarus the foreigner is obliged to hand over the migratory card to the official of the bodies of border service of the Republic of Belarus on a State Border of the Republic of Belarus check point.

The official of the bodies of border service of the Republic of Belarus in the foreigner’s document to trip abroad and his migratory card puts down a mark about entrance of the foreigner to the Republic of Belarus and/or a mark about his exit from the Republic of Belarus.

7. The foreigners transit by vehicles through territory of the Republic of Belarus, can follow only on the highways of the Republic of Belarus, which used for the international automobile communication.

Stops for food reception, rest and lodging for the night are possible only in the points of transit route where there are hotels, motels, campings or specially allocated supervised parkings.

In case if there are no hotels, motels, campings or specially allocated supervised parkings on the transit route, a stop for food reception, rest and lodging for the night must be carried out in the settlement located near the transit route.

8. Foreigners who transit through territory of the Republic of Belarus by railroad, have the right to leave the train at stations, where it stops, for a specified in the operating schedule time.

9. The foreigners, transit through territory of the Republic of Belarus, have no right to stop in the points located in a border zone, except for cases of compelled stop, they are obliged to inform bodies of border service of the Republic of Belarus about such stops in proper time.

10. The foreigners must transit through territory of the Republic of Belarus not later than two days from the date of entrance of the Republic of Belarus , except for the case of a compelled stop.

11. As a compelled stop of the foreigner is recognized to be a temporary stay of the foreigner on the territory of the Republic of Belarus for more than two day from the date of his entrance in the Republic of Belarus because of:

acts of nature, accidents and other emergency situations of natural and technogenic character, detaining movement of the vehicle;

necessity to repair the damaged vehicle;

illnesses or bad state of health, if by the conclusion of the organization of public health services of the Republic of Belarus the further transit of the foreigner and/or the person travelling with him are considered as dangerous to their life and health;

unforeseen delays during change from one type of transport to another in the point of transfer;

occurrence of other unexpected circumstances preventing the further transit of the foreigner.

12. The foreigner or person travelling with him who made a compelled stop on the grounds specified in indent four of clause 11 of these Rules shall apply to the nearest of the place of compelled stop organization of public health services of the Republic of Belarus for medical aid and the conclusion about danger of the foreigner’s life during transit, which is made out in the form of the inquiry.

The organization of public health services of the Republic of Belarus on the day of the reference shall issue to the foreigner or the person travelling with him such conclusion or refuse the refuse its issuance.

13. In the event of a compelled stop, the foreigner or his representative or a person travelling with him shall apply win an application to the body of internal affairs at the place of the compelled stop for extension of the period of temporary stay in the Republic of Belarus, issuance of the visa for exit from the Republic of Belarus.

The body of internal affairs shall formalize a visa for exit from the Republic of Belarus to the foreigner, his representative or a person travelling with him, who made a compelled stop for a period not exceeding five days from the day of entry in the Republic of Belarus with the exception of days-off, state or public holidays established and declared as non working days by the President of the Republic of Belarus.

The body of internal affairs shall formalize the registration and a visa for exit from the Republic of Belarus to the foreigner, his representative or a person travelling with him, who made a compelled stop for a period exceeding five days from the day of entry in the Republic of Belarus with the exception of days-off, state or public holidays established and declared as non working days by the President of the Republic of Belarus, for a period necessary for elimination of the circumstances preventing the further transit.

Before making out of the registration and/or the visa for exit from the Republic of Belarus to the foreigner, the employee of body of internal affairs shall carry out a check on presence the grounds to refuse the issuance of the visa for exit from the Republic of Belarus or the exit from the Republic of Belarus provided by Article 31 of the Law.

In case if the foreigner is in the organization of public health services of the Republic of Belarus and has no opportunity independently address to the body of internal affairs for making out of the registration and/or the visa for exit from the Republic of Belarus, the employee of body of internal affairs with the conclusion of the organization of public health services of the Republic of Belarus makes out the registration and/or the visa for exit from the Republic of Belarus without personal presence of the foreigner.

The registration and/or the visa for exit from the Republic of Belarus are made out in day of the reference for the term, necessary to eliminate the reasons of compelled stop.

In case of refusal to issue of the registration and/or of the visa for exit from the Republic of Belarus, the foreigners and their lawful representatives have the right to the appeal of the given decision in higher state body (the higher official) and/or in court of the Republic of Belarus.

14. If the exit of the foreigner from the Republic of Belarus within the established term is impossible or the foreigner have been refused the visa for exit from the Republic of Belarus, the body of internal affairs by the place of the compelled stop of the foreigner carries out his registration for the term, necessary for the exit, by the way, established by Rules of stay of foreign citizens and stateless persons in the Republic of Belarus.

15. Violation of these Rules by foreigners, natural or legal persons of the Republic of Belarus entails the liability in accordance with the legislation of the Republic of Belarus.

16. The control over observance of these Rules is carried out by bodies of internal affairs in interaction with the bodies of state security and border service of the Republic of Belarus.

 

* unofficial translation *