Can debts stop me from leaving Georgia?: what to do under Georgian law

What to do

1. Basis: exit from Georgia is free and may be restricted only by law (Constitution of Georgia, Art. 14). There are no bans “based on the amount of a debt” and none imposed by a bank or an enforcement officer.
2. Check: the list of grounds for refusing a citizen at the border is exhaustive: wanted status, forged documents, a ban under the Criminal Procedure Code, and unpaid damage from a crime. An ordinary debt is not among them (Law of Georgia on Exit from and Entry into Georgia of Citizens, Art. 10). A loan, a court debt or an enforcement case at the National Bureau of Enforcement (NBE) is not a ground: the debtors' register restricts transactions in registrable property, not exit (Law of Georgia on Enforcement Proceedings, Art. 19³), and recovery continues in the meantime (Art. 19¹).
3. Exception: exit may be banned only for a person convicted of certain crimes who owes compensation for damage caused by a crime, until the damage is repaid (citizens and stateless persons with status) (Law on Enforcement Proceedings, Art. 28³). Conditions: a conviction for the listed property offences (qualified fraud, extortion, embezzlement; damage to property where the damage exceeds 10,000 lari, among others) (Criminal Procedure Code of Georgia (CrPC), Art. 165⁷), and the victim has not waived the ban in writing (CrPC, Art. 165⁷). The NBE notifies the Ministry of Internal Affairs (MIA) when proceedings start and end (Law on Enforcement Proceedings, Art. 28³).
4. Lifting the ban: the ban is lifted when compensation is paid or the victim waives it in writing (CrPC, Art. 165⁸). At the border, the proof is a notarial document confirming payment or waiver, or an NBE certificate that the proceedings have ended (Law on Exit from and Entry into Georgia of Citizens, Art. 10). A refusal at the border can be challenged in court (Law on Exit from and Entry into Georgia of Citizens, Art. 26).
5. Alimony: a debt does not prevent exit, but wilful evasion of alimony under a court decision is a crime (Criminal Code of Georgia (CrC), Art. 176); an accused person may have their passport suspended (CrPC, Art. 163).
6. Foreigners: a foreigner may be refused exit only by court decision, until serving a sentence, or for evading an obligation toward an administrative body (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 49). Debts take effect on return: an unpaid fine is grounds to refuse a visa or entry (Law on the Legal Status of Aliens and Stateless Persons, Art. 11); fines from traffic cameras for a car with foreign plates are paid at the border (Code of Administrative Offences of Georgia (CAO), Art. 290¹).
7. “Not allowed to leave” for the EU: you will not be let out to the EU or Schengen area without the required documents (passport, ticket, booking, insurance, funds). A debt is not a factor (Law on Exit from and Entry into Georgia of Citizens, Art. 10).
8. Where to apply: MIA border control; the NBE; the Probation Agency; the court.
9. Evidence: NBE certificates; the sentence, the document confirming payment to the victim or the victim's waiver; a written refusal at the border.
10. Pitfalls: applying the Russian or Kazakh rules on exit bans for debtors; confusing the debtors' register with an exit ban; paying the victim without a document for the border; a foreigner leaving with unpaid fines.

Be sure to check

• an ordinary civil debt (loan, microloan, court debt, enforcement proceedings, debtors' register) does not bar exit from Georgia; the list of grounds is exhaustive
• the only debt-related ban applies to a person convicted of certain property crimes, until compensation is paid to the victim; how to lift it and what proves it at the border
• alimony is not a ground for a ban, but wilful evasion is a criminal offence, and an accused person may have their passport suspended
• foreigners: grounds for refusing exit; unpaid fines lead to refusal of entry, not exit
• a border refusal can be appealed in court; for travel to the EU, check the Schengen documents