NORWAY Law and Practice Contributed by: Elisabeth Roscher, Geir Sviggum, Tine Vigmostad and Kristin Nordland Brattli, Wikborg Rein Advokatfirma AS
1. Legal Framework 1.1 International Conventions
1.4 Recent Key Amendments to National Legislation There were no significant amendments to the Anti-corruption Provisions in 2024. 2. Bribery and Corruption Elements 2.1 Bribery Bribery and Corruption The Anti-corruption Provisions are broad and general in scope, in the sense that they cover active and passive corruption, corruption in the public and private sectors and corruption com - mitted in Norway and abroad. The Anti-corrup - tion Provisions do not expressly use the term “bribery”, but bribes are considered corrupt acts and are thus covered by the definition in the Penal Code. Passive corruption occurs when a person, for themselves or others, demands, receives or accepts an offer of an “improper advantage” in “connection with” the conduct of their “posi - tion, office or performance of an assignment” in Norway or abroad (Section 387, first paragraph, letter a). Active corruption occurs when a person gives or offers any person an “improper advantage” in “connection with” the conduct of the passive party’s “position, office or performance of an assignment” in Norway or abroad (Section 387, first paragraph, letter b). A description of the relevant requirements fol - lows below. Improper Advantage It follows from the above that Section 387 pro - hibits the giving, offering, receiving or accepting of an “improper advantage”.
Norway has ratified the following international conventions relating to anti-bribery and anti- corruption: • the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997); • the Council of Europe Criminal Law Conven - tion on Corruption (1999); • the Council of Europe Civil Law Convention on Corruption (1999); • the Additional Protocol to the Council of Europe Criminal Law Convention on Corrup - tion (2003); and • the United Nations Convention against Cor - ruption (2003). 1.2 National Legislation In 2003, general criminal provisions prohibiting bribery and corruption were included in the Nor - wegian Penal Code. In the current Penal Code of 2005 (the “Penal Code”), the relevant provisions are Sections 387, 388 and 389 (the “Anti-corrup - tion Provisions”). Section 387 covers “corrup - tion”. Section 388 stipulates a higher penalty for aggravated or gross corruption and describes factors to be taken into consideration in deciding whether the corruption is aggravated. Section 389 covers “trading in influence”. 1.3 Guidelines for the Interpretation and Enforcement of National Legislation There are no guidelines produced for the inter - pretation and enforcement of the Anti-corruption Provisions specifically. In general, the preparato - ry works to the Penal Code, as well as case law from the Norwegian Supreme Court, provide the most important guidance for the interpretation of the law, including the Anti-corruption Provisions.
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