The Norwegian export licensing system - an overview

The Norwegian export licensing system - an overview

Legal basis

The legal basis is the Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc. This act is relatively general, and the Regulations of 10 January 1989 relating to the implementation of control of the export of strategic goods, services and technology, laid down by the Ministry of Foreign Affairs, as subsequently amended gives a more detailed description of rules governing the Norwegian export control activity relating to strategic goods.

Organization

The export licensing is administered by the Ministry of Foreign Affairs, Section for Export Control, while the enforcement is done by the Directorate of Customs and Excise.

Control Lists

List I - Weapons, ammunition and other military equipment

Covers products that are specially designed or modified for military use. The list is compiled on a national basis, but covers everything that is described by the Wassenaar Munitions List

List II - Strategic goods that are not covered by List I

A Norwegian version of the EU dual-use list.

Technology: Both lists describe related technology, and controls apply to all kinds of transfer of such technology.

"Catch-All" Provisions: Regardless of the lists, a licence is always required for military purposes in areas where there is a war or the threat of war, or to countries where there is a civil war.

The same applies in cases where the exporter knows that the goods will be used in connection with the development, production, maintenance, etc. of nuclear, chemical or biological weapons, or missiles capable of launching such weapons.

Licence Types

Individual Licence: Granted to one exporter for one delivery/shipment to an identified consignee.

General Licence: Can be granted to one exporter for unlimited shipments within a given period (max 3 years) of a specified good to any consignee in one or more countries.

Conditions for a general licence: The goods must be on list II and not described by the EU Annex IV. The country of destination must be a participant in all four multilateral export control regimes.

Military Goods

The principles are found in Guidelines of 28 February 1992 for the Ministry of Foreign Affairs when dealing with applications concerning the export of weapons and military materiel, as well as technology and services for military purposes:

Three country groups:

1. the Nordic countries and member countries of NATO. The group also includes other countries which may be approved by the Ministry as recipients of weapons,
2. countries located in an area where there is a war or the threat of war, countries where there is a civil war, countries to which, on the basis of a careful assessment of the foreign and domestic policy situation in the area, it is inadvisable to export arms and military equipment, or countries affected by a sanction adopted by the UN Security Council,
3. countries which do not belong to group 1 or 2 to which Norway does not sell weapons and ammunition, but which may receive other equipment that is designed or modified for military purposes.

Two product categories:

1. Weapons, ammunition and certain types of military equipment
2. Other equipment designed or modified for military purposes.

The main rule is that products in Category A can only be exported to countries in Group 1. Products in Category B may also be exported to countries in Group 3. Countries in Group 2 cannot receive any military products.

Normally, documentation substantiating the end-user will be required. There is an exception to this in the case of minor components shipped for final assembly abroad in a such a way that the finished product is not designated as Norwegian.

It is not permitted for persons who are domiciled or resident in Norway and Norwegian companies, foundations and associations to engage in trade in, negotiate or by other means assist in the sale of the military products included in list I from one foreign country to another without the consent of the Ministry of Foreign Affairs.

Dual-Use Goods

Simplified licensing (general or individual licence – see above) applies to EU and other countries participating in all four multilateral export control regimes. In this case, no end-user documentation is normally required, but licences are granted with the condition that the exporter makes the recipient aware of possible licence requirements in the case of re-export.

For other destinations, or if the goods are on the EU Annex IV, end-user documentation is always required.

Co-operation with other Institutions and Agencies

Directorate of Customs and Excise – enforcement

Norwegian Defence Research Establishment - technical questions relating to commodity lists

Police Secret Service - intelligence