Norway
NORWAY
National Report on the implementation of
The United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects
Oslo, 28 April, 2009
Executive Summary
The Government of Norway holds the view that combating and eradicating illicit trade in small arms and light weapons in all its aspects is fundamental to improve global, regional and national security as well as necessary social and economic development in many countries. Norway is a strong supporter of international efforts to achieve this goal, and co-operates with governments as well as Non Governmental Organisations based on the Programme of Action within multilateral, regional and bilateral frameworks. The following is a report on the policy and undertakings by the Government of Norway to implement the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.
A.) National level
1. National coordination agency
The national co-ordination agency for policy guidance, research and monitoring efforts to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects is:
Royal Ministry of Foreign Affairs
Section for Humanitarian Affairs/Project for Humanitarian Disarmament
P.O.Box 8114 Dep.
N-0032 Oslo
Norway
E-mail:
2. National point of contact
Royal Ministry of Foreign Affairs
Section for Humanitarian Affairs/Project for Humanitarian Disarmament
P.O.Box 8114 Dep.
N-0032 Oslo
Norway
E-mail:
3. Legislation, regulations, administrative procedures
i) What national laws, regulations and administrative procedures exist to exercise effective control over SALW in the following areas? (II.2)
- Production
- export
- import
- transit
- retransfer
Note
Norway has no production of weapons defined as SALW in the OSCE document: FSC.DOC/1/00”OSCE Document on Small Arms and Light Weapons”, but produces and exports ammunition for such weapons.
As of 4 July 2007, the Regulations relating to the implementation of control of the export of strategic goods, services and technology, laid down by the Ministry of Foreign Affairs on 10 January 1989 pursuant to section 1 of the Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc. have been amended in order to strengthen the control of arms brokering (see para 6 below). By this amendment, an element of extraterritoriality has been introduced as the new control text covers brokering activities conducted by anyone under Norwegian jurisdiction, including nationals acting abroad. Apart from thisamendment, no significant changes have been introduced in legislation or administrative measures related to Small Arms and Light Weapons since the last national report.
There is a process to review and possibly revise the regulations related to the legislation on Small Arms and Light Weapons. The review is also looking into other parts of national legislation in this regard, such as the possibility of explicitly banning certain types of weapons and ammunition, deemed to be unnecessary or exceedingly dangerous.
An amnesty for the voluntary handing in of Small Arms and Light Weapons lasted from 1 September 2003 until 31 August 2004.
1.1.1
1.1.2National Laws, Regulations and Decrees
Area: /1.2Law/ Regulation/ Decree
/1.3Date
Production / Lov nr 1. om skytevåpen og ammunisjon m.v. / 9. juni 1961Act of 9 June 1961 relating to control of firearms and ammunition.
The Firearms Act
The Firearms Act covers most aspects of control at the overall level and provides a specific basis for penalties. With regard to production of ammunition the Act of 14 June 2002 relating to Fire and Explosion applies also.
Web link:
Export / Lov nr. 93 om kontroll med eksport av strategiske varer, tjenester og teknologi m.v. / 18. desember 1987
Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc., cf. Royal Decree of 18 December 1987 No. 967.
The Export Control Act
Web link:
Import / Lov nr 1. om skytevåpen og ammunisjon m.v. / 9. juni 1961
Act of 9 June 1961 relating to control of firearms and ammunition.
The Firearms Act
The Firearms Act covers most aspects of control at the overall level and provides a specific basis for penalties. With regard to ammunition the Act of 14 June 2002 relating to Fire and Explosion applies also.
Web link:
Transit / Lov nr. 93 om kontroll med eksport av strategiske varer, tjenester og teknologi m.v. / 18. desember 1987
Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc., cf. Royal Decree of 18 December 1987 No. 967.
The Export Control Act
Web link:
Retransfer / Lov nr. 93 om kontroll med eksport av strategiske varer, tjenester og teknologi m.v. / 18. desember 1987
Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc., cf. Royal Decree of 18 December 1987 No. 967.
The Export Control Act
Web link:
1.3.1
1.3.2Administrative Procedures
Area: /1.4Administrative Procedures
/1.5In place since
Production / Legal basis for the procedure / N/AAs above (… in the area of production)
Web link
Export / Regulations relating to the implementation of control of the export of strategic goods, services and technology / 10 January 1989
Regulations relating to the implementation of control of the export of strategic goods, services and technology, laid down by the Ministry of Foreign Affairs on 10 January 1989 pursuant to section 1 of the Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc.
Web link:
Import / Legal basis for the procedure / N/A
As above (… in the area of import)
Web link
Transit / Regulations relating to the implementation of control of the export of strategic goods, services and technology, § 3 e / 10 January 1989
Regulations relating to the implementation of control of the export of strategic goods, services and technology, § 3 e
Web link:
Retransfer / Regulations relating to the implementation of control of the export of strategic goods, services and technology / 10 January 1989
Regulations relating to the implementation of control of the export of strategic goods, services and technology
Web link:
ii) What national measures exist to prevent the manufacture, stockpiling, transfer and possession of unmarked or inadequately marked SALW? How have these been implemented? (II.8)
The manufacture, stockpiling, and possession of SALW are covered by various sections of the Firearms Act. Manufacturers, importers and dealers must be licensed to operate legally. Private owners must obtain a license from the police authorities before acquiring a firearm. Ownership to the individual firearm is being recorded on the basis of its adequate numbering/marking. Specific penal sanctions are included in the Firearms Act. A central Firearms register was provided for by an update of the Firearms Act in 2001.
The transfer (export) of SALW is covered by the Regulations of 10 January 1989 relating to the implementation of control of the export of strategic goods, services and technology. Any movement of military goods across (transit) or out of Norwegian customs area (export, re-export, retransfer) requires a license from the Ministry of Foreign Affairs. There are no specific measures relating to marking in such cases.
iii) Please describe how national laws, regulations and procedures that impact on the prevention, combating and eradication of the illicit trade in SALW in all its aspects are made public. (II.23)
Information on new or changed legislation is disseminated to the public through the minutes from the Council of State, which is referred in major newspapers; the publication “Legal Gazette”, and the database “Lovdata”, which are available via internet and are free of charge.
4. Law enforcement/criminalization
i) What national legislative or other measures exist to make the illegal manufacture, possession, stockpiling and trade of SALW criminal offences under domestic law? How have these measures been implemented? (II.3)
See Para 3 ii) above
ii) Have those groups and individuals engaged in the illegal manufacture, trade, stockpiling, transfer, possession, as well as financing for acquisition, of illicit SALW been identified, where applicable? What action has been taken under appropriate national law against such groups and individuals? (II.6)
The Firearms act or the penal code, dependent on circumstances, is applicable for individuals in illegal possession of SALW.
iii) What national measures have been taken, including legal or administrative means, against activity that violates a United Nations Security Council arms embargo in accordance with the Charter of the United Nations? (II.15)
1.5.1
1.5.2National measures for the enforcement of
1.5.3UN Security Council arms embargos
Area: /1.6Legal means
/1.7Date
Enforcement of UN arms embargoes / Lov nr. 14 om iverksetjing av internasjonale, ikkje- militære tiltak i form av avbrott eller avgrensning av økonomisk eller anna samkvem med tredjestatar eller rørsler. / 27.04.2001Act on the implementation of international, non-military measures that prevent or limit economic or other relations with third countries or movements
This Act entitles the Government to make the decisions that are necessary for Norway to join international, non-military measures that prevent or limit economic or other relations with third countries or movements.
Web link: http:\\
1.7.1
1.7.2National measures for the enforcement of
1.7.3UN Security Council arms embargos
Area: /1.8Administrative means
/1.9In place since
Enforcement of UN arms embargoes / Short description of the procedure(s) used to prevent/punish violations Breach of decisions made on the basis of this law is punishable by fines or prison terms of up to three years. / 27.04.2001Web link:
5. Stockpile management and security
i) What national standards and procedures exist for the management and security of SALW stocks held by armed forces, police or other authorized bodies? (II.17)
SALW stocks within the armed forces are secured, controlled and accounted for by the Norwegian Defence Forces Logistics Organisation and individual military units. Strict military regulations and procedures apply. Existing procedures and physical security are assessed regularly and improvements made accordingly.
SALW stocks within the police forces are secured, controlled and accounted for by the Police Data and Materiel Service. SALW distributed to individual police districts are secured at district level.
ii) How often are stocks of SALW held by armed forces, police and other authorized bodies reviewed? (II.18)
Stocks held by the armed forces are reviewed (actual holdings counted) every 6 months.
Stocks held by police authorities are updated continuously.
iii) How are those stocks of SALW held by armed forces, police and other authorized bodies that are surplus to requirements identified? (II.18)
Surplus stocks held by the armed forces are identified as SALW no longer required equipping active and reserve units.
In principle the police do not hold surplus stocks of SALW. The number of SALW within the police forces correspond with the number of servicemen on active duty and in the reserves.
6. Collection and disposal
i) Please give details of any national programmes that have been established and implemented for the responsible disposal of surplus stocks of SALW held by armed forces, police and other authorized bodies. (II.18)
The armed forces manage the responsible disposal of its surplus SALW and SALW decommissioned by the police when required.
ii) Is destruction the means used to dispose of such stocks? (II.18)
Destruction is the means of disposal.
iii) What national measures exist to safeguard such stocks prior to their disposal? (II.18)
Such stocks are secured, controlled and accounted for in the same way as SALW in service, ref Para 5 i).
iv) Subject to the exceptions set out in paragraph II.16 of the UN Programme of Action, are all confiscated, seized or collected SALW destroyed? (II.16)
SALW that are confiscated, seized or collected will be destroyed except for a limited number that may be kept by the police centrally for training and technical purposes.
v) What methods has your country used to destroy surplus stocks of SALW designated for destruction? (If appropriate, please make reference to the report of the UN Secretary-General (S/2000/1092) of 15 November 2000.) (II.19)
The method of destruction is milling, however melting has been used on a few occasions in the past.
vi) Please give details of any information on SALW confiscated or destroyed within your jurisdiction that is submitted to relevant regional and international organizations. (II.23)
The Norwegian Police is linked to the National Schengen Information System (NSIS) database for stolen weapons.
7. Export controls
i) Please describe the system of export and import licensing or authorization, as well as measures on international transit, used by your country for the transfer of all SALW. (II.11)
Export and transit of SALW requires a licence from the Ministry of Foreign Affairs (the Export Control Act and relevant Regulations).
Import of SALW requires an import licence from the police.
ii) Please describe the national laws, regulations and administrative procedures used by your country to ensure effective control over the export and transit of SALW. How are these measures implemented? (II.12)
The import or export of firearms, spare parts for such, and ammunition is regulated in the Firearms Act, section 23, which requires a licence by the relevant authority.
Implementation details are provided in the Firearms regulation, chapter 18.
1.9.1
1.9.2National laws, regulations and administrative procedures used to ensure effective control over SALW export and transit
Area: /1.10Laws / regulations / procedures
/1.11Date
Export / Lov om kontroll med eksport av strategiske varer, tjenester og teknologi m.v. av 18. desember 1987 nr. 93. / 18.12.1987Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc., cf. Royal Decree of 18 December 1987 No. 967.
The Export Control Act
All military goods require an export licence from the MFA before it can be exported out of Norwegian customs area. SALW can only be licensed to governments upon documentation.
Web link
Transit / Lov om kontroll med eksport av strategiske varer, tjenester og teknologi m.v. av 18. desember 1987 nr. 93. / 18.12.1987
Act of 18 December 1987 relating to control of the export of strategic goods, services, technology, etc., cf. Royal Decree of 18 December 1987 No. 967.
The Export Control Act
Transit of military goods requires a licence from the MFA, according to the Export Control Act and Regulations.
iii)Does your country use authenticated end-user certificates for this purpose? (II.12)
As a general rule, end user documentation in original is required. If an export is covered by the cooperation with allied or EU countries, documentation confirming the end user is required.
iv) Does your country notify the original exporting State when re-exporting or retransferring previously imported SALW? (II.13)
Norway has no experience with such cases. However, possible exports or retransfers would only be authorized to governments on the basis of end user documentation.
8. Brokering
i) What national legislation or administrative procedures exist to regulate the activities of those who engage in SALW brokering within national jurisdiction and control? (E.g. registration of brokers, licensing or authorization of brokering transactions and appropriate penalties) (II.14)
Trading in, negotiating or otherwise assisting in the sale of military goods and technology included in List I (national munitions list; identical to the Wassenaar Arrangement’ list) from one foreign country to another is not permitted without a licence from the Ministry of Foreign Affairs. Corresponding provisions apply in connection with negotiations for goods included on List II (dual use list), and for appurtenant technology and services if it is known or there is reason to believe that such goods, technology or service are or may be intended, in their entirety or in part, for use in connection with the development, production, maintenance, storage, detection, identification or proliferation of nuclear, chemical or biological weapons or other nuclear explosive devices, and in connection with the development, production, maintenance or storage ofmissiles that can deliver such weapons.
There is no registration requirement.
The Export Control Act includes specific penalties.
9. Marking, record keeping and tracing
a. Arms
i) Does your country require licensed manufacturers of SALW to apply an appropriate and reliable marking on each weapon as an integral part of the production process? (II.7)
All arms procured by the armed and the police forces have unique identification markings applied by the producers. This forms part of the production specifications.
It is a general prerequisite for licensing and registration that SALW have a unique serial number. Detailed requirements on markings may be introduced by police authorities.
ii) Is this marking unique? (II.7)
All arms held by the armed forces and the police have unique markings. Otherwise see Para 9 i)
iii)Does this marking identify the country of manufacture? (II.7)
The marking of armed forces and police SALW consists of the producer’s unique numbering and a marking indicating Norway. The country of manufacture is not necessarily reflected.
iv) How does this marking otherwise allow concerned authorities to identify and trace the relevant weapon? (II.7)
The armed forces hold complete inventory lists of all weapons in its possession. This identifies the exact location of each stored weapon, or the individual holding the weapon.
The police authorities maintain a similar system. See para 5 i)
All SALW that require licensing and registration remain in the weapons register after being exported, decommissioned or destroyed, thereby maintaining their traceability.
v) How long are records kept on the manufacture, holding and transfer of SALW under your jurisdiction? (II.9)
See Para 9 iv) above
vi) What national measures exist for tracing SALW held and issued by the State? (II.10)
See Paras 9 ii), 9 iv) above
vi) Please give details of any steps taken by your country to cooperate in tracing illicit SALW, including the strengthening of mechanisms based on the exchange of relevant information. (III.11)
See Para 6 v)above
b. Ammunition
i) Does your country require licensed manufacturers of SALW ammunition to apply an appropriate and reliable marking on each weapon as an integral part of the production process? (II.7)
Norway supports the establishment of an international system for marking all weapons and ammunition, and is ready to engage in establishing such a system. In the absence of international standards, ammunition produced in Norway for export is marked with a lot number, in addition to the markings that the purchaser will require.
All ammunition produced for and acquired by the armed forces is marked according to certain standards. This is done as an integral part of the production process. Ammunition procured over the last few years and in the future hold/will hold text specifying the type of ammunition in the Norwegian language.
ii) Is this marking unique? (II.7)