§ 1
The King may decide that goods and
technology that may be of significance for other countries’
development, production or utilisation of products for military use
or that may directly serve to develop the military capability of a
country, including goods and technology that can be used to carry
out terrorist acts, cf. the Penal Code, section 147a, first
paragraph, shall not be exported from the Norwegian customs area
without special permission. A prohibition may also be laid down
against rendering services such as are mentioned in the first
sentence without special permission. Conditions may be laid down
for such permission.
The King may also prohibit persons
who are resident or staying in Norway and Norwegian companies,
foundations and associations from trading in, negotiating or
otherwise assisting in the sale of weapons or military materiel
from one foreign country to another without special permission. The
same applies to strategic goods and technology such as are further
specified in regulations.
The King will issue further
regulations to supplement and implement this Act.
§ 2
Every person has a duty to provide
the Ministry with any assistance or information required in order
to ensure compliance with the provisions of this Act or any
regulations issued pursuant thereto.
For this purpose the Ministry may
conduct inspections and require access to recorded accounting
information, accounting records, business documents and other
documents that may be of importance. The Ministry itself may
conduct inspections or appoint experts to do so. In connection with
such inspections the Ministry shall be given access to office or
company premises and shall be provided with the necessary
assistance and guidance. Appeals pursuant to sections 14 and 15 of
the Public Administration Act do not have suspensive effect unless
so decided by the subordinate instance or the appeals instance.
The duties set out in the first and
second paragraphs apply notwithstanding any statutory duty of
secrecy.
Subject to the exceptions that
follow from the above provisions, every person has a duty of
secrecy as regards information obtained under this Act. However,
the duty of secrecy shall not prevent:
1.
information from being used to achieve the purpose for which it was
provided or obtained, for example in connection with the
preparation of a case, a decision, the implementation of a
decision, follow-up or control,
2.
the information from being accessible to other public officials
within the agency or service to the extent that this is necessary
to establish suitable work routines and archives systems, for
instance for use as guidelines in other cases,
3.
the administrative agency from furnishing other administrative
agencies with information concerning an enterprise’s relationship
to the agency and concerning decisions made when this is necessary
to further the duties under this Act of the agency furnishing the
information,
4.
the administrative agency from reporting or providing information
concerning breaches of the law to the prosecuting authority or to
the supervisory authorities concerned if this considered desirable
in the public interest or if prosecuting the offence comes within
the normal scope of the duties of the agency furnishing the
information.
5.
the administrative agency from exchanging information
(coordination) with another administrative agency as required by
the Act relating to the reporting obligations of enterprises.
The Ministry may furthermore decide
that public agencies in charge of tax assessment and control of
value added tax shall be allowed access to information provided in
accordance with this Act.
Sections 13 to 13e of the Public
Administration Act do not apply.
§ 3
The Ministry may apply for the
seizure of accounting records, etc such as are mentioned in section
2, second paragraph. If there is reason to believe that such
records exist, and if circumstances otherwise so indicate, the
Ministry may apply for a search of offices and all other premises
that are not private residences.
An application for search or
seizure shall be addressed to the police. As regards further
consideration of the application, the provisions of the Criminal
Procedure Act apply insofar as they are appropriate. The person
whom the application concerns shall have the rights of a party to
the case in accordance with the provisions of the Criminal
Procedure Act and, insofar as it is necessary for his activities,
shall have access to the material seized. Nevertheless, this does
not mean that he is to be regarded as charged with a criminal act.
Section 204 of the Criminal Procedure Act applies correspondingly.
Notwithstanding section 212, first paragraph, of the Criminal
Procedure Act, the court will determine which documents etc. it is
to examine.
§ 4
If the Ministry applies for search
or seizure for the purpose of obtaining information on a matter
with which the person concerned has been charged or for which he
has been indicted, the application shall be dealt with as a
separate matter in accordance with the provisions of section 3,
second paragraph. The same applies if the Ministry applies to see
documents etc. that are in the possession of the court or the
prosecuting authority without a decision having been made as to
whether they may be used in a criminal case. If the court upholds
the Ministry’s application, it may lay down as a condition that the
information is not to be used in connection with the investigation
of the criminal case until a final decision has been made as to
whether the prosecuting authority may make use of it in the said
case. If the prosecuting authority’s application is not upheld, the
Ministry may not hand over the information or the documents to the
prosecuting authority unless this is lawful under the provisions
that otherwise apply to their duty of secrecy in respect of
criminal acts.
§ 5
Unless the matter is subject to
more severe penal provisions, any person who wilfully:
1.
exports or attempts to export goods, technology or services in
contravention of this Act or regulations issued pursuant thereto,
or
2.
contravenes or attempts to contravene any condition laid down
pursuant to this Act, or
3.
orally or in writing furnishes incorrect information concerning
circumstances of significance for authorisation to export goods,
technology or services if this information is furnished:
a. in
a declaration made for use by a public authority or anyone acting
on behalf of a public authority in connection with export or an
application for permission to export,
b. in
a declaration intended to enable another person to make such a
declaration as is mentioned under litra a, or
4. in
any other way contravenes or attempts to contravene provisions set
out in or issued pursuant to this Act, is liable to fines or a term
of imprisonment not exceeding five years, or both.
Complicity in any offence such as
is mentioned in the first paragraph is subject to the same
penalty.
Any negligent contravention of the
matters mentioned in the first paragraph, or complicity in such
contravention, is punishable by fines or a term of imprisonment not
exceeding two years.
§ 6
(Repealed by Act of 20 July 1991
No. 66)
§ 7
If an enterprise or person does not
comply with the duty to provide information set out in section 2,
the Ministry may order the payment of a continuous daily fine until
this duty has been fulfilled.
The amount of the coercive fine to
be paid is set taking into account how important it is to ensure
compliance with the order.
An order to pay a coercive fine is
enforceable by execution proceedings.
The King will issue further
regulations on imposing, calculating and remitting coercive
fines.
§ 8
This Act enters into force
immediately. The regulations relating to control of strategic
exports issued pursuant to Provisional Act of 13 December 1946 No.
30 relating to Export Control apply until further notice.
The Act is not applicable to
permission granted prior to its entry into force. Services rendered
and transfers of technology etc. effected after the entry into
force of the Act nevertheless require permission in accordance with
this Act even if they are related to permission which has
previously been granted.
