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(Information as of 18 June 2004)
Date of deposit of instrument of ratification/acceptance or date of accession
Deposit of instrument of ratification/acceptance: 18 December 1998
Entry into force of the Convention: 16 February 1999
Entry into force of implementing legislation: 1 January 1999
Implementing legislation
a) The entry into force of the implementing legislation was 01.01.1999
Implementation of the Convention into Norwegian Penal Law was done by amending the already existing section 128 of the Penal Code, by adding a paragraph on the active bribery of foreign public servants and servants of public international organisations. After the amendment, section 128 reads:
Any person who by threats or by granting or promising a favour seeks to induce a public servant illegally to perform or omit to perform an official act, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding one year.
The term public servant in the first paragraph also includes foreign public servants and servants of public international organisations
The provision of the previous section, third paragraph, shall apply accordingly.
Section 128 of the Penal Code, is partly repealed after the coming into force of new Penal Code Provisions on 04.04.2003, and now only covers threats.
b) The implementing legislation, as amended, reads:
Section 276a
Any person shall be liable to a penalty for corruption who
a) for himself or other persons, requests or receives an improper advantage or accepts an offer of an improper advantage in connection with a post, office or commission, or
b) gives or offers anyone an improper advantage in connection with a post, office or commission.
By post, office or commission in the first paragraph is also meant a post, office or commission in a foreign country.
The penalty for corruption shall be fines or imprisonment for a term not exceeding three years. Complicity is punishable in the same manner.
Section 276b:
Gross corruption is punishable by imprisonment for a term not exceeding 10 years. Complicity is punishable in the same manner.
In deciding whether the corruption is gross, special regard shall inter alia be paid to whether the act has been committed by or in relation to a public official or any other person in breach of the special confidence placed in him as a consequence of his post, office or commission, whether it has resulted in a considerable economic advantage, whether there was a risk of significant economic or other damage or whether false accounting information has been recorded or false accounting documents or false annual accounts have been prepared.
In addition, Norway has criminalized trading in influence, Penal Code, Section 276c
Any person shall be liable to a penalty for trading in influence who
a) for himself or other persons, requests or receives an improper advantage or accepts an offer of an improper advantage in return for influencing the performance of a post, office or commission, or
b) gives or offers anyone an improper advantage in return for influencing the performance of a post, office or commission.
By post, office or commission in the first paragraph is also meant a post, office or commission in a foreign country.
The penalty for trading in influence shall be fines or imprisonment for a term not exceeding three years. Complicity is punishable in the same manner.
Other relevant laws, regulations or decrees that have an impact on a country’s implementation of the OECD Convention or the Recommendations
The Penal code section 317 covers the offence of money laundering. All criminal offences are regarded as predicate offences.
A new Money Laundering Act is in force from 01.01.2004. The new act implements the revised EU- Directive on Money Laundering.
Other information
Relevant authorities (in particular to whom report information on a bribery offence), including special commissions
ØKOKRIM (national Authority for Investigation and Prosecution of Economic and Environmental Crime) has a specialized anti-corruption team. ØKOKRIM has established a hot-line (“tipstelefon”).
http://okokrim.no
Ministry of Foreign Affairs
Ministry of Justice
Relevant Internet links to national implementing legislation
http://www.lovdata.no
Signature/Ratification of other relevant international instruments
Norway ratified the Council of Europe Criminal Law Convention on Corruption without reservations 02.03.2004. The Convention entered into force 01.07.2004.
Norway signed the Council of Europe Civil Law Convention 04.11.1999.
Norway ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 16.11.1994.
Norway signed the UN Convention against Corruption 09.12.2003.
Working Group on Bribery Monitoring Reports
Phase 1: Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/15/35/2389183.pdf
Phase 2: Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions
http://www.oecd.org/dataoecd/3/28/31568595.pdf
Phase 2: Follow-up Report on the Implementation of the Phase 2 Recommendations on the Application of the Convention and the 1997 Recommendation on Combating Bribery of Foreign Public Officials in International Business Transactions
http://www.oecd.org/dataoecd/35/26/38284036.pdf
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