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:
- 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,
- 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,
- 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:
- Weapons, ammunition and certain types of military
equipment
- 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
