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Scope. Power of attorney / representation for Belarus procedures, with exact separation between Decree No.278 Annex 1 actions and ordinary non-Annex-1 representation.

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Draft POA solution in brief

A power of attorney is only an access mechanism; it never substitutes for the underlying Belarus document or act. The first question must therefore be: what exact Belarus action is required, and is that action inside Annex 1 to Decree No.278? For an Annex 1 procedure involving a Belarusian citizen, the current project-verified rule is special: personal filing or representation under a power executed in the Republic of Belarus. Apostille, legalisation or translation of a Spanish-notary POA can authenticate the foreign document but cannot change its place of execution. Outside Annex 1, that special rule must not be imported; ordinary sector-specific representation law applies and a Spanish/foreign notarial POA may in principle be usable after the required authentication/translation. The practical solution is therefore exact action → Annex 1 test → representation rule → valid route or documented dead end. Where the Annex 1 rule creates an objective dead end for a person lawfully abroad, Spain should treat the proven source-side barrier as documentary impossibility in the receiving procedure rather than insist on an act the person cannot lawfully perform.

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Primary project record: Power of attorney / access to Belarusian public document

1. Start with the underlying Belarus action

Do not begin with “which POA should I make?”

Record first:

  1. exact Belarus document/administrative/notarial action;
  2. competent Belarus authority;
  3. whether personal filing is allowed/required;
  4. whether representation is permitted;
  5. whether the action is in Annex 1 to Decree No.278;
  6. whether any later statutory exception modifies the Annex 1 result;
  7. who may collect the result.

A POA that is valid in the abstract may still be unusable for a particular special procedure.

2. Current-law branch A — Annex 1 No.278

For an Annex 1 procedure involving a Belarusian citizen, item 1 of Decree No.278 establishes the special representation structure identified in the project:

A Spanish-notary POA remains a foreign-executed power even if: