NORWAY Law and Practice Contributed by: Elisabeth Roscher, Geir Sviggum, Tine Vigmostad and Kristin Nordland Brattli, Wikborg Rein Advokatfirma AS
the decision-maker that they are acting on behalf of another person. If the influencing agent is not transparent about representing another person (by clearly informing the decision-maker of this fact), and does not have reason to believe that the decision-maker otherwise has knowledge of this, such conduct will often be regarded as “improper”. However, it is stated in the preparatory works to Section 389 that the influencing agent is gener - ally not required to inform the decision-maker about who they are acting on behalf of, or of the type or value of the advantage they have demanded, received or accepted in this regard. Other relevant circumstances when assessing whether the advantage was “improper” is typi - cally the value and type of advantage that is demanded, received or accepted by the influ - encing agent, and who the decision-maker is (eg, whether the decision-maker holds a position or office that is especially important to safeguard from improper influence, such as members of the national assembly or the Supreme Court). Criminal acts are not punishable when the limi - tation periods included in the Penal Code have expired (Section 85 of the Penal Code). The limitation period(s) for criminal liability under Norwegian law depend/depends on the maxi - mum statutory penalty prescribed for the various criminal offences. According to Section 86 of the Penal Code, the limitation period for violations of the Anti-cor - 3. Scope of Application 3.1 Limitation Period
ruption Provisions committed by individuals are as follows: • corruption (Section 387) – five years; • aggravated corruption (Section 388) – ten years; and • trading in influence (Section 389) – five years. With respect to corporate criminal liability, the limitation period shall be calculated on the basis of the limitation period that would be applicable if the act was committed by an individual (Sec - tion 89 of the Penal Code). Provisions concerning the start and interruption of limitation periods are included in Chapter 15 of the Penal Code; see, especially, Sections 87, 88 and 89. 3.2 Geographical Reach of Applicable Legislation According to the principle of territoriality under Section 4 of the Norwegian Penal Code, as a main rule, Norwegian criminal law, including the Anti-corruption Provisions, applies to criminal acts conducted in Norway (including in Svalbard and on Jan Mayen) and in certain specified plac - es such as the Norwegian Exclusive Economic Zone and onboard Norwegian vessels. The extraterritorial effect of Norwegian criminal law is mainly set out in Section 5 of the Penal Code. The Penal Code applies to violations of the Anti-corruption Provisions committed abroad by persons who are Norwegian nationals or domiciled in Norway, and to violations com - mitted abroad on behalf of a corporate entity registered in Norway (Section 5, first paragraph, No 12). In addition, the Anti-corruption Provi - sions may apply retroactively to acts committed abroad; inter alia, to acts committed on behalf of a foreign entity that after the time of the act
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