The Norwegian Sanctions ActDoes it permit the Norwegian Government to become proactive in imposing human rights sanctions?

Wikborg Rein,¹ a renowned Norwegian and international law company, was requested by the Norwegian Helsinki Committee (NHC) to provide an assessment of the Norwegian sanctions act of 16 April 2021 (the Sanctions Act).² The background for the request was NHC's work to strengthen accountability for war crimes and human rights violations. NHC considers that the Sanctions Act both could and should be used more actively by the executive branch of the Norwegian government (the Government) to impose targeted sanctions against foreign persons who commit war crimes and human rights violations, including in relation to the Russian Federation's ongoing war of aggression against Ukraine.

Against this background, and bearing in mind the public debate on how the Sanctions Act should be interpreted,³ NHC asked Wikborg Rein to assess the following main questions:

1. Does the Sanctions Act and its preparatory works permit the Government to take its own initiatives to impose targeted sanctions as long as there exists "broad international support"⁴ for such sanctions?
2. Does the "broad international support" requirement in the Sanctions Act mean that (a) Norway can only impose sanctions as part of a coalition of states that cooperate on sanctions or (b) that Norway can impose sanctions on its own when it is clear (from international resolutions or otherwise) that there is broad international support for them?
3. Does the Sanctions Act permit the Government to create a sanctions desk that can receive submissions from non-governmental organisations (NGOs) and others? Are there passages in the preparatory works that indicate that this should be done?

In addition, Wikborg Rein was asked to provide input on the following topics:

1. Norway’s current targeted sanctions practice to address human rights violations and international crimes related to the Russian Federation's ongoing war of aggression against Ukraine.
2. Official statements on current sanction policies.
3. Previous sanctions practices related to human rights and democracy crisis situations, including whether Norway follows the EU or whether it sometimes sanctions differently.
4. Norway's practices of human rights sanctions compared to practices of the US, Canada, the UK, and the EU.

In parts 2 and 4-6 of this report, Wikborg Rein’s conclusions on these issues are presented. An executive summary of Wikborg Rein's conclusions is contained in part 2, Executive Summary. A description of the relevant sources of law appears in part 3. Wikborg Rein’s analysis of the Sanctions Act (i.e., questions 1 to 3 above) is in part 4, while in part 5, Wikborg Rein addresses the questions relating to sanctions practice (i.e., questions 4 to 7 above).

Part 3 presents the NHC’s views and recommendations to Norwegian authorities based on Wikborg Rein’s analysis, while an unofficial translation of the report is included as an appendix.