PRIVATE P2 WORKING PAGE — not an active pilot yet.

Scope. Cross-border separation between representation valid before Spanish authorities and authority to act in a Belarus source-country procedure.

<aside>

Draft cross-border representation solution in brief

A representative who is validly authorised to act for a person in Spain does not automatically have authority to perform the underlying act in Belarus. Three questions must be kept separate: (1) representation before the Spanish receiving authority; (2) general Belarus validity of a foreign notarial POA; and (3) procedure-specific Belarus authority to act, including the special Decree No.278 Annex 1 rule. A Spanish POA may be perfectly valid for filing/subsanación/communications in Spain and still be unusable for the Belarus source action. Conversely, outside Annex 1 a Spanish notarial POA may in principle be usable in Belarus after the applicable authentication and translation. The proposed solution is a two-jurisdiction representation map attached to the case file, so neither authority assumes that validity in one legal system determines validity in the other.

</aside>

Primary project record: Spanish administrative representation versus Belarus-use power

1. Three legally distinct representation functions

Function A — Spain

Can the representative:

• file the Spanish application;
• receive notifications;
• submit documents;
• respond to requerimientos;
• appeal?

This is governed by the Spanish procedure.

Function B — ordinary Belarus use

Can a foreign/Spanish notarial POA authorise the representative to perform the Belarus act under the ordinary Belarus sector-specific rule?

This requires:

• scope of authority;
• authentication/apostille/legalisation where applicable;
• translation;
• acceptance by the Belarus receiving authority.