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Regulatory framework

In Norway, the export of defence related material and dual-use goods is regulated by a separate act and regulation, and by guidelines. It is a criminal offence to export listed goods, technology, or services without a valid licence from DEKSA. We can provide guidance on the regulatory framework, your case, and what you need to do.

The regulatory framework consists of:

  1. The Export Control Act
  2. The Export Control Regulation
  3. The Ministry of Foreign Affairs Guidelines for dealing with applications concerning the export of defence related products, as well as technology and services for military purposes

 

Companies, research and educational institutions, and individuals who plan to export goods, services, or technology subject to export control must comply with the regulatory framework on export control.

 

The Export Control Act

The Act of 18 December 1987 on control of the export of strategic goods, services, technology, etc. establishes, among other things, the prohibition on the export of certain goods without permission, as well as penalties for violations. The act also imposes an obligation to provide information to the authorities, and a strict duty of confidentiality for the authority regarding the information it receives under the law.

The act states that “… goods and technology that may be significant for the development, production, or use of products for military purposes by other countries, or that can directly contribute to developing a country’s military capabilities, as well as goods and technology that can be used to carry out terrorist acts, cf. the Penal Code § 131, must not be exported from Norway without special permission.”

The act makes it a criminal offence to export without permission, violate the conditions of a granted permit, or provide incorrect information to the authorities in connection with export control.

The act also applies to Svalbard and Jan Mayen.

 

The Export Control Regulation

The Regulation relating to the export of defence-related products, dual-use items, technology and services (Regulation of 19 June 2013 no. 718, Ministry of Foreign Affairs) further clarifies the scope of the licensing requirement. This primarily applies to goods included in the lists of controlled items and technologies attached to the regulation, as well as technology transfer, services, and brokering related to these. The regulation also includes important definitions, provisions on exports within the EEA area, and provisions regarding licence applications.

The regulation also contains a provision on special licensing requirements under certain circumstances, known as catch-all provisions. This means that a licensing requirement may be triggered in certain cases for goods, technology, and services that are not included in the control lists. The provisions refer to situations where the export is linked to weapons of mass destruction, military use in a country under sanctions, military use in areas affected by war, where war threatens, or where there is civil war, or if the export could directly enhance military capabilities in conflict with Norwegian defence and security interests.

 

The Ministry of Foreign Affairs’ Guidelines

The Ministry of Foreign Affairs’ guidelines for dealing with applications concerning the export of defence related products, as well as technology and services for military purposes, are used by DEKSA to process applications for the export of defence material.

The guidelines include provisions on the documentation required for different exports. They provide the defence industry with insight into the framework conditions set by the Parliament for controlling the export of defence material, aim to contribute to clear application and evaluation processes, and thereby provide exporters with as much predictability as possible on how export control is applied.

You can read the full guidelines here.