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Norway

Anti-Bribery and Corruption Laws in Norway

Norway
Source of law The Penal Code  1 The Ministry of Justice and Public Security is currently conducting a hearing regarding potential changes to the legislation regarding anti-bribery and anti-corruption. The reason for the hearings is to highlight the preventive measures of penalties for enterprises and to ensure that the legislation is aligned with Norway’s international obligations and the system of the Penal Code.
Offence 

Section 387 Corruption 

A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who:

  1. for himself/herself or others demands, receives or accepts an offer of an improper advantage in connection with the conduct of a position, an office or performance of an assignment, or 
  2. gives or offers any person an improper advantage in connection with the conduct of a position, an office or performance of an assignment.

«Position», «office» or «assignment» in the first paragraph also means a position, office or assignment abroad. 

Section 388 Aggravated corruption 

Aggravated corruption is punishable by imprisonment for a term not exceeding 10 years. In determining whether the corruption is aggravated, particular weight shall be given to whether the act:

  1. was carried out by or toward a public official or any other person by violating the special trust attached to his position, office or assignment, 
  2. whether it resulted or could have resulted in a considerable financial advantage, 
  3. whether there was a risk of considerable harm of a financial or other nature, and 
  4. whether false accounting information was recorded or false accounting documentation or false annual accounts were prepared. 

Section 389 Trading in influence 

A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who:

  1. for him/herself or others demands, receives or accepts an offer of an improper advantage in return for influencing the conduct of another person's position, office or performance of an assignment, or 
  2. gives or offers any person an improper advantage in return for influencing the conduct of another person's position, office or performance of an assignment. 

«Position», «office» or «assignment» in the first paragraph also means position, office or assignment abroad. 

Section 27 Penalties for enterprises 

When a penal provision is violated by a person who has acted on behalf of an enterprise, the enterprise is liable to punishment. This applies even if no single person meets the culpability or the accountability requirement, see section 20. 

«Enterprise» means a company, co-operative society, association or other organisation, sole proprietorship, foundation, estate or public body. 

The penalty is a fine. The enterprise may also be sentenced to lose the right to operate, or may be prohibited from operating in certain forms, see section 56, and be subject to confiscation, see chapter 13. 

Section 15 Contribution 

A penal provision also applies to any person who contributes to the violation, unless otherwise provided. 

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes 
Would corporate hospitality be caught? Yes Depends on intent, there has to be an “improper advantage”
Is there any de minimis? Yes The advantage gained has to be “improper”. 
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside Norway  
Can bribery performed outside Norway be caught? Yes 2 Section 4 states that the criminal legislation applies to acts committed in Norway, including in Svalbard, on Jan Mayen and in the Norwegian dependencies. The first paragraph of section 5 states that the legislation also applies to acts committed, in violation of section 387 to 389, outside the area of application pursuant to section 4 by a Norwegian national, by a person domiciled in Norway, or on behalf of an enterprise registered in Norway. The second paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by a person who after the time of the act has become a Norwegian national or has become domiciled in Norway, by a person who is, or who subsequent to the act has become, a national of or domiciled in another Nordic country and who is present in Norway, or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. The third paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by persons other than those covered by the first and second paragraphs when the person is present in Norway and the act carries a maximum penalty of imprisonment for a term of more than one year. The fifth paragraph of section 5 states that the criminal legislation also applies to acts committed abroad by persons other than those covered by the beforementioned paragraphs if the act carries a maximum penalty of imprisonment for a term of six years or more and is directed at someone who is a Norwegian national or domiciled in Norway, or has a maximum penalty of imprisonment for a term of three years or more and is on behalf of an enterprise registered in Norway or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. Prosecution pursuant to section 5 shall only be instituted when in the public interest. Section 6 states that outside the area of application pursuant to sections 4 and 5, the criminal legislation also applies to acts that Norway has a right or an obligation to prosecute pursuant to agreements with foreign states or otherwise pursuant to international law. Prosecution pursuant to section 6 shall only be instituted when in the public interest.
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable?  
Norwegian nationals? Yes
Norwegian company? Yes 3 For a company to be liable, the person who has violated the penal provision must have acted on behalf of the company, see section 27 above.
Norwegian partnership (including limited liability partnerships) incorporated? Yes 3 For a company to be liable, the person who has violated the penal provision must have acted on behalf of the company, see section 27 above.
Director of Norwegian company? Yes (if specific requirements are met) 4 A director may be held criminally liable if he was personally involved in the unlawful act or contributed to it.
Norwegian company if the bribe is committed abroad by its foreign subsidiary? Yes (if specific requirements are met) 5 A Norwegian company, see footnote 3, can be held criminally liable if the bribe committed abroad by its foreign subsidiary was committed on behalf of the Norwegian enterprise registered in Norway, or if the Norwegian enterprise has contributed to the bribe.
Foreign subsidiary of a Norwegian company if the bribe is committed abroad? Yes (if specific requirements are met) 6 Section 5 states that the criminal legislation regarding anti-corruption and anti-bribery outside of Norway only applies to acts committed by a Norwegian national, by a person domiciled in Norway, or on behalf of an enterprise registered in Norway. However, the fifth paragraph of section 5 as well as section 6, see footnote 2, states certain exemptions from this outset.
Foreign national/company/partnership if bribe is committed in Norway? Yes 2 Section 4 states that the criminal legislation applies to acts committed in Norway, including in Svalbard, on Jan Mayen and in the Norwegian dependencies. The first paragraph of section 5 states that the legislation also applies to acts committed, in violation of section 387 to 389, outside the area of application pursuant to section 4 by a Norwegian national, by a person domiciled in Norway, or on behalf of an enterprise registered in Norway. The second paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by a person who after the time of the act has become a Norwegian national or has become domiciled in Norway, by a person who is, or who subsequent to the act has become, a national of or domiciled in another Nordic country and who is present in Norway, or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. The third paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by persons other than those covered by the first and second paragraphs when the person is present in Norway and the act carries a maximum penalty of imprisonment for a term of more than one year. The fifth paragraph of section 5 states that the criminal legislation also applies to acts committed abroad by persons other than those covered by the beforementioned paragraphs if the act carries a maximum penalty of imprisonment for a term of six years or more and is directed at someone who is a Norwegian national or domiciled in Norway, or has a maximum penalty of imprisonment for a term of three years or more and is on behalf of an enterprise registered in Norway or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. Prosecution pursuant to section 5 shall only be instituted when in the public interest. Section 6 states that outside the area of application pursuant to sections 4 and 5, the criminal legislation also applies to acts that Norway has a right or an obligation to prosecute pursuant to agreements with foreign states or otherwise pursuant to international law. Prosecution pursuant to section 6 shall only be instituted when in the public interest.   3 For a company to be liable, the person who has violated the penal provision must have acted on behalf of the company, see section 27 above.
Foreign national domiciled or “ordinarily resident” in Norway if bribe is committed outside Norway? Yes 2 Section 4 states that the criminal legislation applies to acts committed in Norway, including in Svalbard, on Jan Mayen and in the Norwegian dependencies. The first paragraph of section 5 states that the legislation also applies to acts committed, in violation of section 387 to 389, outside the area of application pursuant to section 4 by a Norwegian national, by a person domiciled in Norway, or on behalf of an enterprise registered in Norway. The second paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by a person who after the time of the act has become a Norwegian national or has become domiciled in Norway, by a person who is, or who subsequent to the act has become, a national of or domiciled in another Nordic country and who is present in Norway, or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. The third paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by persons other than those covered by the first and second paragraphs when the person is present in Norway and the act carries a maximum penalty of imprisonment for a term of more than one year. The fifth paragraph of section 5 states that the criminal legislation also applies to acts committed abroad by persons other than those covered by the beforementioned paragraphs if the act carries a maximum penalty of imprisonment for a term of six years or more and is directed at someone who is a Norwegian national or domiciled in Norway, or has a maximum penalty of imprisonment for a term of three years or more and is on behalf of an enterprise registered in Norway or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. Prosecution pursuant to section 5 shall only be instituted when in the public interest. Section 6 states that outside the area of application pursuant to sections 4 and 5, the criminal legislation also applies to acts that Norway has a right or an obligation to prosecute pursuant to agreements with foreign states or otherwise pursuant to international law. Prosecution pursuant to section 6 shall only be instituted when in the public interest.
Foreign company/partnership if bribe is committed abroad? Yes (if specific requirements are met) 6 Section 5 states that the criminal legislation regarding anti-corruption and anti-bribery outside of Norway only applies to acts committed by a Norwegian national, by a person domiciled in Norway, or on behalf of an enterprise registered in Norway. However, the fifth paragraph of section 5 as well as section 6, see footnote 2, states certain exemptions from this outset.
Penalties  
Penalties include: 

Individuals 

  • Fines. 
  • Imprisonment for a term not exceeding three years (for corruption and trading in influence). 
  • Imprisonment for a term not exceeding 10 years (for aggravated corruption). 

Companies 

  • Fines. 
  • Loss of right to operate or prohibition from operating in certain forms. 
  • Confiscation. 

Criminal prosecution pursuant to section 5, cf. 2  Section 4 states that the criminal legislation applies to acts committed in Norway, including in Svalbard, on Jan Mayen and in the Norwegian dependencies. The first paragraph of section 5 states that the legislation also applies to acts committed, in violation of section 387 to 389, outside the area of application pursuant to section 4 by a Norwegian national, by a person domiciled in Norway, or on behalf of an enterprise registered in Norway. The second paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by a person who after the time of the act has become a Norwegian national or has become domiciled in Norway, by a person who is, or who subsequent to the act has become, a national of or domiciled in another Nordic country and who is present in Norway, or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. The third paragraph of section 5 states that the first paragraph applies correspondingly to acts committed by persons other than those covered by the first and second paragraphs when the person is present in Norway and the act carries a maximum penalty of imprisonment for a term of more than one year. The fifth paragraph of section 5 states that the criminal legislation also applies to acts committed abroad by persons other than those covered by the beforementioned paragraphs if the act carries a maximum penalty of imprisonment for a term of six years or more and is directed at someone who is a Norwegian national or domiciled in Norway, or has a maximum penalty of imprisonment for a term of three years or more and is on behalf of an enterprise registered in Norway or on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway. Prosecution pursuant to section 5 shall only be instituted when in the public interest. Section 6 states that outside the area of application pursuant to sections 4 and 5, the criminal legislation also applies to acts that Norway has a right or an obligation to prosecute pursuant to agreements with foreign states or otherwise pursuant to international law. Prosecution pursuant to section 6 shall only be instituted when in the public interest.

In the event of criminal prosecution pursuant to section 5, the penalty may not exceed the maximum statutory penalty for a corresponding act in the country in which it has been committed. 

Prosecution pursuant to section 5 shall only be instituted when in the public interest. 

Defences  
Are there any defences available? 

Section 28 Factors in determining whether a penalty shall be imposed on an enterprise 

In determining whether an enterprise shall be penalised pursuant to section 27, and in assessing the penalty, considerations shall include:

  1. the preventive effect of the penalty, 
  2. the severity of the offence, and whether a person acting on behalf of the enterprise has acted culpably, 
  3. whether the enterprise could have prevented the offence by use of guidelines, instruction, training, checks or other measures, 
  4. whether the offence has been committed in order to promote the interests of the enterprise, 
  5. whether the enterprise has had or could have obtained any advantage by the offence, 
  6. the financial capacity of the enterprise, 
  7. whether other sanctions arising from the offence are imposed on the enterprise or a person who has acted on its behalf, including whether a penalty is imposed on any individual person, and 
  8. whether agreements with foreign states prescribe the use of enterprise penalties.