Control of goods not listed (catch-all)

The goods on Lists I, II and III are either specifically designed or adapted for military purposes (List I), or they are civilian goods with significant military importance (List II). Certain critical or emerging technologies are also controlled nationally (List III). If an item is listed, it also means that a licence is required for the transfer of technology and the provision of services related to the goods on the lists.

In certain cases, the authorities may need to impose a licensing requirement also for goods or technologies that are not found in the control lists, and such export may be denied. Article 7 of the Export Control Regulation specifies four such exceptional circumstances where a licensing requirement may apply to goods outside the lists. These are referred to as general clauses or “catch-all” provisions.

They are described below.

Weapons of mass destruction

Article 7, letter a, of the Regulation establishes a licensing requirement for:

“any products, technology or services in cases where the exporter knows that or has reason to believe that such products, technology or services are or may be intended, in their entirety or in part, for use in connection with the development, production, maintenance, storage, detection, identification or proliferation of nuclear, chemical or biological weapons or other nuclear explosive devices. Corresponding provisions apply to the export of any products, technology or services that can be used in connection with the development, production, maintenance or storage of missiles that can deliver such weapons.”

This general clause has been negotiated within the international cooperation on export control that Norway participates in. The provision aims to contribute to preventing the proliferation of weapons of mass destruction.

Countries subject to arms embargoes (sanctions)

Article 7, letter b, of the Regulation establishes a licensing requirement for:

“any goods, technology, or service for military use to areas subject to an arms embargo adopted by the UN Security Council under Chapter VII of the UN Charter, or other restrictive measures regimes to which Norway has aligned.”

Such embargoes or sanction regimes arise from Norway’s participation in the EU’s restrictive measures or the implementation of UN sanction regimes. Arms embargoes are explicitly mentioned in only some of the sanction and measure regulations, as embargoes are partly implemented under the ordinary export control legislation.

Firstly, such embargoes apply to all goods that are subject to licensing under List I for defence related material.

Secondly, a licensing requirement may be triggered for all types of export directly to a military end user, or where the authorities assess that there is an unacceptable risk of diversion to military use.

DEKSA understands “military end user” as a broad term, which includes: national armed services (army, navy, air force, or coast guard), home guard or national police forces, state intelligence, security or reconnaissance agencies, any person or entity whose actions or functions are intended to support “military end users” or operate under the direction of a “military end user” as defined. The latter may include, for example, hydrographic offices.

War, threat of war, or civil war

Article 7, letter c, of the Regulation establishes a licensing requirements for:

“any goods, technology or services for military use to areas where there is a war or the threat of war, or to countries where there is a civil war.”

In this context, “military use” is understood in the same way as described under article 7, letter b.

Norwegian security and defence interests

Article 7, letter d, of the Regulation establishes a licensing requirement for:

“any goods, technology, or service that may directly serve to develop the military capability of a state in a way that is incompatible with key Norwegian security and defence interests.”

This general clause gives the authorities the legal basis to control exports under special circumstances that are significant to Norway’s security and defence interests.

More information

It is not possible to provide a complete description of the application of the licensing requirement in these general clauses/catch-all provisions. Therefore, situations of uncertainty may arise, particularly when exporting to state actors in countries subject to arms embargoes. Contact DEKSA if you are in doubt or if you believe the end use of an item, technology, or service could conflict with the purposes of any of the clauses described above.