On Approval of the Regulations on Invitation of Foreign Clergymen to the Republic of Belarus and their Activities on its Terri

On Approval of the Regulations on Invitation of Foreign Clergymen to the Republic of Belarus and their Activities on its Territory

Decision of the Government of the Republic of Belarus

N 280 of February 23, 1999

In accordance with the Law of the Republic of Belarus "On religious liberty and religious institutions" the Council of Ministers of the Republic of Belarus decides:

1. To approve the Regulations on invitation of foreign clergymen to the Republic of Belarus and their activities on its territory (annexed).

2. To recognise the decision of the Cabinet of Ministers of the Republic of Belarus N 357 of July 3, 1995 "On approval of the Regulations concerning invitation and activities of foreign clergymen on the territory of the Republic of Belarus" (Collection of the ordinances of the President and the decisions of the Cabinet of Ministers of the Republic of Belarus, 1995, N 20, art. 467) to be invalid.

Approved

Decision of the Government of

the Republic of Belarus N 280

of 23 of February, 1999

Regulations on Invitation and Activities of Foreign Clergymen on the Territory of the Republic of

Belarus

1. In accordance with the Law of the Republic of Belarus "On religious liberty and religious institutions" and other legislative acts of the Republic of Belarus the present Decision establishes the order of:

inviting foreign clergymen (persons having holy orders) for carrying preaching and religious activities;

transferring foreign clergymen from one religious institution to another;

appointing or replacing heads being foreign clergymen from religious formations, their departments or centres acting in the the Republic of Belarus by the foreign religious centres;

inviting foreign citizens for studying or teaching in ecclesiastic educational institutions acting in the Republic of Belarus;

inviting foreign clergymen and priests (persons having no holy orders) for non-religious activities on the territory of the region, the city of Minsk.

2. Foreign clergymen may be invited to the Republic of Belarus for carrying preaching, religious activities by religious departments or centres acting in the Republic (hereinafter - religious departments or centres) on agreement with the State Committee of Religious and National Affairs of the Republic of

Belarus. For the purposes of agreement of the invitation of a foreign clergymen by a religious department or centre a written request with grounding the necessity of such an invitation is sent to the State Committee of Religious and National Affairs of the Republic of Belarus a copy of the document confirming the religious education of the invited person enclosed.

3. The State Committee of Religious and National Affairs of the Republic of Belarus having received the request for invitation of a foreign clergyman from a religious department or centre considers it within one month period, in case of necessity agrees the problem with the corresponding council of religious affairs of the oblast executive committee (department for religious affairs of Minsk City Executive Committee) and the decision made is made known to the religious department or centre in written form.

4. On arrival of the clergyman to the Republic of Belarus the religious department or centre invited him register him in council for religious affairs of the oblast executive committee (department of religious affairs of Minsk City Executive Committee) within three days excluding holidays, as well as in the bodies of internal affairs of the place of residence.

Councils of religious affairs of the regional executive committees (department for religious affairs of Minsk City Executive Committee) have right to register the foreign clergyman for the period not exceeding one year. This term may be extended one month before its validity according to the previous registration expires on the request of the religious department or centre on agreement with the State Committee of Religious and National Affairs of the Republic of Belarus.

5. Bodies of internal affairs register foreign clergymen and extend the periods of their registration at requests of the religious departments or centres having invited the foreign clergymen to the Republic of Belarus agreed with councils of religious affairs of the oblast executive committees (department of religious affairs of Minsk City Executive Committee) for the period the visa or the invitation is valid for (for the states agreements for without visa regime of entrance are concluded with) but not exceeding one year.

6. The religious departments or centres having invited the foreign clergymen to the Republic of Belarus may direct them to the communities of their religious formation only and they have right to preach and carry religious activities in the cult premises or buildings the communities use under lease contracts.

Foreign clergymen have no right to preach and carry religious activities in the settlements not entering the territory the religious communities act on.

7. Any foreign clergyman may be moved from one religious Organisation to another by the religious department or centre on agreement:

with the State Committee of Religious and National Affairs of the Republic of Belarus in case of a movement from one region to another, from the city of Minsk to a region as well as from a region to the city of Minsk;

with the Council of religious affairs of the oblast executive committee in case of movement within the region;

with the Council of religious affairs of Minsk City Executive Committee in case of a movement within the city of Minsk.

8. Foreign religious centres may appoint or replace heads of religious formations, their departments or centres in the Republic of Belarus on agreement with the State Committee of Religious and National

Affairs of the Republic of Belarus. The agreement is achieved within one month before the appointment or replacement of the head of the religious formation, its department or centre.

9. Religious institutions acting in the Republic of Belarus may direct representatives of their confessions abroad for study in ecclesiastic educational institutions.

Religious departments and centres having their own ecclesiastic educational institutions may invite foreign citizens for study or for teaching in them in accordance with the order established in clauses 2 and 3 of the present Regulations.

10. Foreign clergymen and priests may be invited for carrying non-religious activities (setting relations and contacts with local religious organisations, participation in regional conferences, beneficial and charity actions, etc.) within the territory of one oblast by the religious departments and centres on agreement with the council of religious affairs of the oblast executive committee (department of religious affairs of Minsk City Executive Committee).

The religious department or centre sends to the council of religious affairs of the regional executive committee (department of religious affairs of Minsk City Executive Committee) a written request grounding the necessity of inviting a foreign clergyman, priest for agreeing the invitation. The request is considered within ten days and is answered in written form.

11. A foreign clergyman (a priest, a student of an ecclesiastic educational institution) can be reduced with a term of stay at the Republic of Belarus, he (she) can be refused with prolongation of the term of validity of registration or with issue of permission for temporary stay at the Republic of Belarus and he (she) can be ordered to leave the territory of the Republic of Belarus on the grounds established by the legislation of the Republic of Belarus.

Decision on reduction of the term of stay of a foreign clergyman (a priest, a student of an ecclesiastic educational institution) at the Republic of Belarus, refusal in prolongation of the term of validity of registration or refusal in issue of permission for temporary stay shall be drawn up in form of respective conclusion of a body of internal affairs; the body of internal affairs shall take such a decision by its own initiative or on presentation of the council of religious affairs of the oblast executive committee (department of religious affairs of Minsk City Executive Committee) as well as on presentation of competent Republican bodies of state government.

The body of internal affairs shall inform the council of religious affairs of the oblast executive committee (department of religious affairs of Minsk City Executive Committee) about a possibility of taking of one of the aforementioned decisions and about taking of such decisions.

Religious department or centre which invited a foreign clergyman (a priest, a student of an ecclesiastic educational institution) who was in the established order reduced with a term of stay, refused with prolongation of the term of validity of registration or with issue of permission for temporary stay shall ensure his/her departure from the Republic of Belarus in the order established by legislation.

The measures stipulated by Article 25 of the Law of the Republic of Belarus "On Legal Status of Foreign Citizens and Persons without Citizenship in the Republic of Belarus" as well as stipulated by other acts of legislation of the Republic of Belarus shall be taken to foreign clergymen (priests, students of an ecclesiastic educational institution) entered the Republic of Belarus without an invitation and carrying preaching, religious activities.

In case of multiple or of a singular but gross violation of the legislation of the Republic of Belarus by a

foreign clergyman (a priest, a student of an ecclesiastic educational institution) the council of religious affairs of the oblast executive committee (department of religious affairs of Minsk City Executive Committee) basing on the corresponding documents proving the violation refers to the body of the internal affairs proposing to reduce the period for the foreign clergyman (a priest, a student of an ecclesiastic educational institution) during which he is allowed to stay in the Republic of Belarus.

12. Religious departments and centres while inviting foreign clergymen to the Republic of Belarus for carrying preaching, religious activities as well as clergymen and priests for carrying non-religious activities are governed, besides the present Regulations, by the legislation concerning the legal status of foreign citizens and persons without citizenship in the Republic of Belarus.

unofficial translation