NORWAY Law and Practice Contributed by: Elisabeth Roscher, Geir Sviggum, Tine Vigmostad and Kristin Nordland Brattli, Wikborg Rein Advokatfirma AS
9.2 Likely Changes to the Applicable Legislation of the Enforcement Body The Høivik Evaluation, mentioned in 9.1 Assess- ment of the Applicable Enforced Legislation , is still under consideration by the Norwegian Min - istry of Justice and Public Security. The evalu - ation was sent on a public hearing (consulta - tion round) from 12 October 2021 to 11 January 2022. Within this timeframe, any natural or legal person had the opportunity to provide the Min - istry with their comments on the evaluation and the changes proposed therein. The Ministry has not (yet) presented any propo - sitions to the Norwegian Parliament based on the Høivik Evaluation’s suggestions for changes to the legislation governing the Anti-corruption Provisions (Sections 387, 388 and 389 of the Penal Code) and corporate criminal liability (Sec - tions 27 and 28 of the Penal Code). The Ministry has not confirmed whether such proposition(s) will be prepared and has not provided any time frames for when such follow-up may happen.
In 2024, the Norwegian government presented White Paper No 15 (2023–2024) to the Parlia - ment titled Shared Values – Shared Respon - sibility – Strengthened Efforts to Prevent and Combat Economic Crime. The report empha - sises, among other things, the need to clarify the significance of preventive measures in the rules on corporate liability. This paper should be seen in the context of ØKOKRIM’s current work on drafting guidelines for the imposition of corporate penalties in international corruption cases (see 4.5 Safe Harbour or Amnesty Pro- gramme , 6.2 Voluntary Disclosure Incentives , 6.3 Self-Disclosure Procedures , 7.4 Discretion for Mitigation and Aggravation and 8.2 Compli- ance Guidelines and Best Practices ).
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