The Norwegian Sanctions ActDoes it permit the Norwegian Government to become proactive in imposing human rights sanctions?
03-10-2022
Appendix:
Act on the Implementation of International Sanctions (The Sanctions Act)
Section 1. Authorisation to implement binding UN resolutions
The King [i.e., the Government] may issue regulations with the necessary provisions for the implementation of binding resolutions of the United Nations Security Council pursuant to Article 41 of the UN Charter.
The King decides whether a decision by the Security Council is binding.
Section 2. Authorisation to implement international non-military measures
The King may issue regulations with the necessary provisions for Norway to implement sanctions or restrictive measures that have been adopted in intergovernmental organisations, or that otherwise have broad international support, and which aim to maintain peace and security or ensure respect for democracy and the rule of law, human rights, or international law in general.
Regulations pursuant to the first paragraph may comprise
a. prohibition of or restrictions on trade, services and economic or financial transactions
b. prohibition or restriction on scientific, technological, and cultural cooperation
c. financial sanctions against natural or legal persons
d. travel restrictions
e. other measures aimed at maintaining peace and security or ensuring respect for democracy and the rule of law, human rights, or international law in general.
Regulations pursuant to the first paragraph apply with the restrictions that follow from international law or from an agreement with a foreign state.
Section 3. Scope of the Act
The law applies
a. on Norwegian territory, including Norwegian airspace
b. on board all vessels, including aircraft, drilling platforms and other similar mobile facilities under Norwegian jurisdiction
c. for all Norwegian citizens and persons domiciled in Norway
d. for all enterprises registered in the Register of Business Enterprises
e. for all companies with regard to business activities they conduct in whole or in part in Norway.
The law applies to Svalbard and Jan Mayen. The King may issue regulations on the application of the law to the Norwegian dependent territories.
The King may issue regulations on deviating scope for measures implemented pursuant to this Act.
Section 4. Penalty for violations of provisions given pursuant to the law
Anyone who violates provisions issued pursuant to sections 1 and 2 of this Act shall be punished by fines or imprisonment for up to three years or both.
Anyone who negligently violates provisions as mentioned in the first paragraph shall be punished by fines or imprisonment for up to six months or both.
Section 5. The relationship to the Public Administration Act
The Public Administration Act’s rules on individual decisions do not apply to decisions made pursuant to or based on this Act to implement international sanctions against natural or legal persons.
Section 6. The right to request that a listing be changed or revoked
A natural or legal person who is the subject of sanctions or restrictive measures implemented in Norwegian law may request the Ministry of Foreign Affairs to change or revoke the listing of the person in question, if the person in question considers himself to be incorrectly listed and
a. is a Norwegian citizen
b. is domiciled in Norway
c. is a company registered in Norway
d. has been listed on the initiative of Norway, or
e. Norway’s implementation of international sanctions entails real encroachment on the person’s rights.
To the extent that the listed person is subject to UN-binding sanctions under international law, the request may only be that the Ministry of Foreign Affairs, to the best of its ability, ensure that the listed person is removed from the relevant UN list by the UN Security Council or by one of the UN Security Council subordinate bodies.
A request pursuant to the first paragraph shall be submitted in writing and be substantiated. The request is processed in accordance with the rules on individual decisions in the Public Administration Act, Chapters IV and V.
If the Ministry of Foreign Affairs does not accede to the request, the listing may be appealed to the King in Council in accordance with the rules in the Public Administration Act, Chapter VI.
The King may issue regulations on the processing of requests to change or revoke listings pursuant to this provision.
Section 7. Court proceedings of lawsuits concerning the validity of list entries
For litigation concerning the validity of listings pursuant to sections 1 and 2 of the Act, the Disputes Act applies when nothing else follows from rules given in or pursuant to this Act.
As a condition for proof of matters that can otherwise be kept secret for reasons of national security or the relationship with a foreign state, cf. the Disputes Act § 22-1, the King may decide that the information shall only be made known to a special lawyer appointed for the listed. The special lawyer is appointed by the court as soon as possible after such a decision has been made and shall be reimbursed by the state.
When a decision has been made as mentioned in the second paragraph, the Citizenship Act § 31 c third and fourth paragraphs and §§ 31 d to 31 h apply, with the exception of § 31 g first paragraph, corresponding to the court’s processing of the case.
The King may issue regulations on the appointment of a special lawyer pursuant to the second paragraph.
Section 8. Entry into force, etc.
The law applies from the time the King decides [16 April 2021]. The King may enter into force the individual provisions at different times.
From the time the law enters into force, the following laws are repealed:
a. Act of 4 June 1968 No. 4 for the implementation of binding resolutions of the United Nations Security Council
b. Act of 27 April 2001 No. 14 on the implementation of international, non-military measures in the form of interruption or limitation of economic or other relations with third states or movements
c. Act of 58 June 2003 No. 58 on special measures against the Republic of Zimbabwe
d. Act of 6 June 1980 No. 18 on the implementation of sanctions against Iran
e. Law of 43 June 1999 No 43 concerning special measures against the Federal Republic of Yugoslavia (FRY)
f. Act of 16 April 1937 on power of attorney for the King, or the person he authorises, to prohibit Norwegian ships from being used to bring people who are engaged in war, weapons, ‘loty’, aircraft, or parts thereof to foreign countries.
Regulations issued pursuant to the laws mentioned in the second paragraph, letters a, b and c also apply after this law has entered into force.
Section 9. Amendments to other laws
From the time the law enters into force, the following changes are made to other laws: – – –