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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 31, 2010 No. 1918

About approval of the Regulations on procedure for transfer to the adjacent states of the foreign citizens and persons without citizenship who violated the rules of border movement established by international treaties of the Republic of Belarus, or lost documents according to which they drove to the Republic of Belarus by rules of border movement

According to Item 2 of the Presidential decree of the Republic of Belarus of December 8, 2010 "About some questions of border movement" the Council of Ministers of the Republic of Belarus DECIDES: No. 624

1. Approve the enclosed Regulations on procedure for transfer to the adjacent states of the foreign citizens and persons without citizenship who violated the rules of border movement established by international treaties of the Republic of Belarus, or lost documents according to which they drove to the Republic of Belarus by rules of border movement.

2. This resolution becomes effective in 10 days after its official publication.

 

Prime Minister of the Republic of Belarus M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 31, 2010 No. 1918

Regulations on procedure for transfer to the adjacent states of the foreign citizens and persons without citizenship who violated the rules of border movement established by international treaties of the Republic of Belarus, or lost documents according to which they drove to the Republic of Belarus by rules of border movement

1. This Provision determines procedure for the organization and implementation of transfer to the adjacent states of the foreign citizens and stateless persons who violated the rules of border movement established by international treaties of the Republic of Belarus, or lost documents according to which they drove to the Republic of Belarus by rules of border movement (further - foreigners), and also the expense recoveries connected with their transfer.

2. For the purposes of this provision the following terms and their values are used:

the decision - the decision of body of the border service or law-enforcement body on transfer of foreigners to the adjacent states;

competent authorities - bodies of the border service or law-enforcement bodies, unless otherwise specified.

3. The decision is made by authorized officers of competent authorities according to international treaties of the Republic of Belarus and this Provision:

on behalf of law-enforcement body - the chief of territorial authority of internal affairs or person fulfilling its duties;

on behalf of body of the border service - the chief of territorial authority of the border service or person fulfilling its duties.

The decision addresses execution without delay and is performed by officials of the competent authority which accepted it proceeding from the minimum period of time necessary for departure of foreigners from the Republic of Belarus.

4. The form of the decision is determined by the State boundary committee and the Ministry of Internal Affairs.

5. In case of identification of foreigners by bodies of the border service their officials take measures for check of the fact of crossing by foreigners of Frontier of the Republic of Belarus (daleegosudarstvenny border), establishment (confirmation) of their personality, involvement of guilty persons to responsibility for committed offenses (in the presence in their actions of structure of offense) then in case of need make the relevant decision.

6. In case of identification of foreigners by law-enforcement bodies their officials take measures for check of the fact of crossing by foreigners of Frontier, establishment (confirmation) of their personality, involvement of guilty persons to responsibility for committed offenses (in the presence in their actions of structure of offense) then in case of need make the relevant decision.

For the purpose of execution of the made decision officials of law-enforcement body no later than 48 hours from the moment of identification of foreigners in accordance with the established procedure notify territorial authority of the border service through which it is planned to perform transfer of foreigners, about expected date, time and the place of their transfer.

7. The organization of interaction with the adjacent states concerning transfer of foreigners is assigned to boundary representatives of the Republic of Belarus (further - the boundary representative).

The boundary representative after obtaining from competent authority of the notification brings in accordance with the established procedure this information to the adjacent state.

In case of confirmation by the adjacent state of readiness for acceptance of foreigners the boundary representative in perhaps short terms brings the acquired information to competent authority.

8. Transfer of foreigners is performed at one of check points through Frontier after receipt of the border service by territorial authority from the adjacent state of information on readiness for acceptance of foreigners.

Transfer of foreigners is performed in the presence at them the valid travel documents determined by international treaties of the Republic of Belarus with the adjacent states regulating procedure for mutual trips of inhabitants of the border territories.

9. The officials of competent authority performing execution of the decision accompany foreigners to Frontier and stop their maintenance after crossing by foreigners of Frontier if other is not provided by international treaties of the Republic of Belarus.

About transfer of foreigners to the adjacent state the document on transfer and acceptance of foreigners in the form established by the State boundary committee of the Republic of Belarus is processed.

10. Calculation of the expenses connected with transfer of foreigners is conducted by the competent authorities performing the decision according to cost budget.

The estimate of such costs joins expenses, connected:

with acquisition of tickets, receipt of documents for departure from the Republic of Belarus of foreigners and following minors with them aged to 16 years, and also persons accompanying them for the purpose of execution of the decision;

with content of foreigners in the places determined by competent authorities;

with fee of communication and (or) the translator;

with rendering medical services;

with use of transport for transportation.

Foreigners for the purpose of payment of the expenses connected with their transfer in coordination with the head of competent authority have the right at the expense of own means to address to diplomatic representation or consular establishment of the state of civil accessory, community (association), the international organization or its representation, to relatives and other persons.

Payment of the expenses connected with transfer of foreigners is made in foreign currency or in national currency of the Republic of Belarus.

In case of refusal of foreigners to pay the expenses connected with their transfer to the adjacent state, transfer is performed at the expense of the means withdrawn from foreigners during their detention (if detention was performed).

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