NORWAY Law and Practice Contributed by: Hedvig Moe, Pål Lieungh, Espen Randen and Elin Ibsen Gustavsen, Advokatfirmaet Thommessen AS
3.3 Licence Requirements Main Licence Types
3.4 Licence Application Process Process for Application and Relevant Authority Applications are submitted to and determined by DEK - SA. A licence must be in place before the export takes place. The system involves a two-step approach: • Self-classification – the exporter must assess whether its products, technology or services are caught by the control lists. An exporter who con - cludes that an item is not controlled must be able to document that conclusion. DEKSA may provide classification guidance where exporters are in doubt. • Written application – where the item is controlled, a written application must be submitted to DEKSA on the prescribed form. Submissions must be in Norwegian or English, and a Norwegian summary of the essential features must always be included. Information and Documentation The supplier must provide whatever information and documentation DEKSA considers necessary. All appli - cations must include documentation confirming the information given, and the applicant must account for end use and end user. The goods, technology or ser - vice must be classified against the control lists. For dual-use items, key documentation includes the commercial basis for the transaction (contract, invoice or similar) and a technical description enabling cor - rect classification. Additional documentation may be required depending on the circumstances, such as end-user statements for certain destinations. For defence-related products, specific documentation requirements – including end-user statements with re- export clauses and other supporting materials – are set out in the Ministry’s guidelines and are typically tied to the combination of product category and des - tination country group (see 3.3 Licence Requirements and 3.5 Criteria for Granting or Refusing Licences ). Processing Times Published average processing times per September 2026 range from two to four weeks for exports to Ukraine, to six to 12 weeks for other defence-related product licences, up to 16 weeks for dual-use licenc -
There are mainly two types of licence, available for goods, technology, services and brokering, in respect of both defence-related products and dual-use items, as follows. • Individual licence – used for limited exports to a specified end user, typically for a single shipment or defined quantity, and where the goods, desti - nation or risk level warrant case-by-case control. Generally valid for two years. • Global licence – used for repeated exports over time to one or more known recipients, potentially covering multiple destination countries and ship - ment types. Generally valid for three years, extend - able to five where documented need exists. Product Categories and Country Groups The licensing assessment is partially structured around two product categories and four country groups, as follows. • Product categories: (a) Category A – weapons, ammunition and cer - tain military materiel with strategic capability that could materially affect the military balance beyond Norway’s immediate region. (b) Category B – all other defence-related prod - ucts, including dual-use items destined for military end use. • Country groups: (a) Group 1 – the Nordic countries, NATO member states and certain particularly close partners. (b) Group 2 – other countries approved by the Government as recipients of Category A items. (c) Group 3 – countries that may receive Category B materiel, but not Category A weapons and ammunition. (d) Group 4 – countries to which Norway sells neither category, due to conflict, sanctions or foreign policy considerations. Special rules apply to intra-EEA transfers of defence- related products through general, global and individ - ual transfer licences.
144 D EFENCE CON TRACTS 2 026
CHAMBERS.COM
Powered by FlippingBook