NORWAY Law and Practice Contributed by: Hedvig Moe, Pål Lieungh, Espen Randen and Elin Ibsen Gustavsen, Advokatfirmaet Thommessen AS
1. Overview of the Defence Regulatory Framework 1.1 Principal Legislation and Regulatory Framework The regulatory framework applicable to enterprises operating in the defence sector is composed of sev - eral overlapping statutes and regulations, among which the following are of particular relevance: the Security Act ( sikkerhetsloven ) and its key secondary legislation – the Enterprise Security Regulation ( virk- somhetsikkerhetsforskriften ) and the Clearance Regu - lation ( klareringsforskriften ); the Public Procurement Act (anskaffelsesloven) and the Defence and Secu - rity Procurement Regulation ( forskrift om forsvars - og sikkerhetsanskaffelser , FOSA), the Export Control Act ( eksportkontrolloven ) and the Export Control Regu - lation ( forskrift om eksport av forsvarsmateriell , fler - bruksvarer , teknologi og tjenester ), supplemented by guidelines; the Sanctions Act ( sanksjonsloven ); the Emergency Preparedness Act ( beredskapsloven ), the Industrial Preparedness Act ( næringsberedskap- sloven ); and the Digital Security Act ( digitalsikkerhet- sloven ). 1.2 Competent Authorities The regulatory landscape for the defence sector is administered by a range of authorities. The Ministry of Defence has overarching responsibility for defence policy, capability planning, and the pro - curement regulatory framework. It issues the internal procurement rules (RAF), which govern all defence sector procurements including those exempted from the statutory framework. The Norwegian Defence Materiel Agency ( Forsvars- materiell , FMA), a separate agency under the Ministry of Defence, is the principal contracting authority for defence procurement. FMA also administers indus - trial cooperation (offset) agreements on behalf of the Ministry of Defence. The Defence Estates Agency ( Forsvarsbygg ) procures construction and works contracts related to defence real estate.
The National Security Authority ( Nasjonal sikkerhets- myndighet , NSM) holds the cross-sectoral supervi - sory mandate for preventive security work under the Security Act. The sectoral ministries – particularly the Ministry of Justice and the Ministry of Defence – are responsible for identifying fundamental national functions, des - ignating protectable objects and infrastructure, and processing FDI notifications under the Security Act. The Civilian National Security Clearance Authority ( Sivil klareringsmyndighet ) and the Defence Security Agency ( Forsvarets sikkerhetsavdeling ) handle clear - ances of personnel in the civil and defence sectors, respectively. The Directorate for Export Control and Sanctions ( Direktoratet for eksportkontroll og sanksjoner , DEK - SA) administrates export control and sanctions, and is the licensing authority for all exports of controlled goods, technology and services, and also handles enquiries under all Norwegian sanctions regimes. The Ministry of Foreign Affairs retains high-level responsibility, mainly for foreign policy development and regulatory drafting. The Complaint Board for Public Procurement ( Kla- genemnda for offentlige anskaffelser , KOFA) handles complaints on procurement procedures under the general procurement framework, as well as within the defence sectors. The general courts have jurisdic - tion over procurement disputes under the procure - ment regulations, including FOSA, with powers to set aside decisions before contract signing and to award damages. 1.3 Definition of “Defence” and “Dual-Use” For regulatory purposes, defence goods, services and technology, and dual-use items, are defined through the export control legislation. The Export Control Reg - ulation provides the operative definitions by reference to two control lists: a “defence-related product” is any product listed in List I (Appendix I to the Regulation), while a “dual-use item” is any product listed in List II (Appendix II). The distinction is accordingly list-based rather than conceptual.
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