Executive Summary – The Norwegian Sanctions Act

2 Executive Summary

2.1 The Sanctions Act

2.1.1 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” for such sanctions?

It is our conclusion that the Sanctions Act permits the Government to take its own initiatives to impose targeted sanctions through the adoption of administrative regulations, provided that the sanctions in question (i) have “broad international support”, (ii) aim to maintain peace and security or ensure respect for democracy and the rule of law, human rights, or international law in general, and that (iii) other circumstances do not entail that the Norwegian parliament (“the Storting") should still be either consulted or themselves tasked with implementing the sanctions prescribed in the law. In brief, the plain text of the law allows for such a conclusion, and it is clear from the preparatory works and legislative history that the Storting meant for the Government to have the option to do so.

2.1.2 Does the "broad international support" requirement 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?

The meaning of the term “broad international support” is unclear. It seems to require that the sanctions in question must have broad support in the population and within civil society in general, and that an unspecified number of “like-minded states” must have adopted and to some extent followed up on (albeit not yet fully implemented) equivalent measures.

2.1.3 Does the law permit the Government to create a sanctions desk that can receive submissions from NGOs and others? Are there passages in the preparatory works that indicate that this should be done?

There is nothing in the Sanctions Act to suggest that creating a sanctions desk would not be permitted. Therefore, whether such a sanctions desk can be created is essentially a matter of political will.

2.2 Sanctions practice

In respect of UN sanctions, Norway is obliged by international law to implement binding sanctions resolutions adopted by the UN Security Council and has loyally done so.

In respect of EU sanctions, Norway is not obliged to implement sanctions adopted by the EU. Still, Norwegian authorities have decided to implement almost all EU sanctions regimes, and only rarely modify or change their scope or content. However, on a few occasions, Norwegian authorities have decided not to implement EU sanctions in full or at all. These occasions illustrate that Norwegian authorities do make independent assessments of whether EU sanctions should be implemented in Norwegian law, and, if so, to what extent.

While Norway's sanctions against Russia are based on, and predominantly aligned with, the EU's Russia-related sanctions regime, the Government has made certain modifications, particularly (but not exclusively) to reflect unique trading arrangements between Russia and Norway.

In addition, Norwegian authorities have previously imposed sanctions that are neither UN nor EU based, although this has been achieved through the Storting, rather than by the Government.

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

2 Executive Summary

2.1 The Sanctions Act

2.1.1 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” for such sanctions?

2.1.3 Does the law permit the Government to create a sanctions desk that can receive submissions from NGOs and others? Are there passages in the preparatory works that indicate that this should be done?

2.2 Sanctions practice