NORWAY Law and Practice Contributed by: Hedvig Moe, Pål Lieungh, Espen Randen and Elin Ibsen Gustavsen, Advokatfirmaet Thommessen AS
es, and 18 weeks for general sanctions-related enquir - ies. Complex cases can take considerably longer. 3.5 Criteria for Granting or Refusing Licences Under the Government’s 1959 declaration and 1992 guidelines, together with the EU Common Position on arms exports (2008/944/CFSP) and the UN Arms Trade Treaty, the dominant principles are that Norway will not permit the sale of weapons to areas at war or threatened by war, or to countries in civil war, and that exports require careful assessment of foreign and domestic policy conditions, including human rights. The international criteria give rise to specific grounds for refusal and further considerations. DEKSA may attach conditions to a licence, and strict documen - tation of the end user is typically required. Binding agreements or receipt of payment cannot form the basis for granting an export authorisation. 3.6 End-User Controls and Post-Shipment Verification DEKSA may require end-user statements and attach conditions to licences. All applications must account for end use. DEKSA publishes standard templates for end-user and customer declarations. The supplier must ensure exports are in accordance with the licence, go to the stated destination, do not deviate from approved descriptions or quantities, and are exported within the validity period. The supplier must inform recipients of licence conditions, including restrictions on end use or re-export. A valid licence must be presented to customs, and records must be retained for at least ten years. Norway does not currently operate a formal post-ship - ment verification or end-use monitoring programme. The primary mechanism is the exporter’s own compli - ance obligations, reinforced by customs control and DEKSA’s power to revoke or suspend licences. This is under development. The revised EU Common Position of April 2025 introduces a commitment for states to consider post-shipment controls in certain situations, and Norwegian authorities have indicated that they are monitoring this development. Further, DEKSA has from 2026 been tasked with carrying out
ex-post controls where appropriate. The overall trajec - tory points towards increased use of post-shipment controls. 3.7 Brokering and Intermediary Activities Brokering and intermediary activities for controlled defence and dual-use items are subject to licensing. Trading in or assisting the sale of List I items between foreign countries requires a DEKSA licence. The same applies to brokering of List II items where they may be intended for weapons of mass destruction. Services related to items on the control lists are like - wise subject to licensing, as are other services that may directly serve to develop the military capability of a country. The wording of these provisions is deliberately broad, and the catch-all clauses provide a further basis for licensing requirements in defined circumstances. Authorisations follow the ordinary licensing framework (see 3.3 Licence Requirements ). 3.8 Intra-Company and Intra-Group Transfers A licence is required for intra-company and intra- group transfers where controlled items or technology cross borders. No exemption exists for intra-group transfers as such. In practice, recurring transfers within a group can usu - ally be accommodated through a global licence cov - ering repeated exports to named group entities over time (see 3.3 Licence Requirements ). 3.9 Enforcement, Penalties and Voluntary Disclosure Breach of the export control rules may result in crimi - nal penalties: fines and/or imprisonment for up to five years, or up to two years for negligent contravention. PST is the national enforcement entity, handling inves - tigations and prosecutions of export control breaches. Norway has no formal voluntary disclosure mecha - nism. Self-reporting does not nullify criminal liability, but may serve as a mitigating circumstance.
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