Norway

CENTRAL AUTHORITY FOR REPORTING

National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway (ØKOKRIM).

ARE LAWYERS COVERED BY MONEY LAUNDERING LEGISLATION?

Yes.

NAME LAWS REGARDING ANTI-MONEY LAUNDERING PROCEDURES

• Act Relating to Measures to Combat Money Laundering of the Proceeds of Criminal Activities, etc. (Money Laundering Act).

IN ADDITION TO THESE LAWS, IS THERE ANY MONEY LAUNDERING GUIDANCE FOR LAWYERS CURRENTLY IN PLACE?

No information available.

UNDER WHAT CIRCUMSTANCES IS A LAWYER UNDER THE OBLIGATION TO REPORT?

According to Section 4 of the Money Laundering Act, this Act applies to lawyers and other persons who provide independent legal assistance on a professional or regular basis when they assist or act on behalf of clients in planning or carrying out financial transactions or such transactions concerning real property or movable property as are referred to in item 8.

Lawyers and others who provide legal assistance on a professional or regular basis are not obliged to report concerning matters with which they have become acquainted in the course of their work on determining a client’s legal position or concerning matters with which they have become acquainted prior to, during and subsequent to legal proceedings when such matters are directly associated with a legal dispute.

If a person or undertaking obliged to report suspects that a transaction is associated with the proceeds of a criminal act or with offences covered by section 147a or section 147b of the Penal Code, further investigations shall be made in order to confirm or disprove the suspicion. This obligation also applies to employees of persons or undertakings obliged to report.

If the investigations fail to disprove the suspicion, the person or undertaking obliged to report shall on his or her own initiative submit data concerning the transaction in question and the matters that have given rise to suspicion to the National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway (ØKOKRIM). The person or undertaking obliged to report and employees of that person or undertaking shall, if so required, provide ØKOKRIM with all essential data concerning the transaction and the suspicion.

LAWYER RESPONSIBILITY/LIABILITY

Persons or undertakings obliged to report shall on establishment of a customer relationship demand that the customer show valid proof of identity. This obligation also applies to employees of persons and undertakings obliged to report. Written proof of identity shall always be regarded as valid proof of identity.

CLIENTS IDENTIFICATION AND VERIFICATION

Persons or undertakings obliged to report shall record the following data concerning customers:

1. Full name or name of company,
2. Personal identity number, organization number, D-number (five-digit Norwegian personal identity number which is used by foreign nationals who do not hold a Norwegian personal identity number) or, if the customer has no such number, another unique identity code,
3. Permanent address,
4. Reference to proof of identity supporting the identity control, and
5. Any other data required pursuant to regulations issued by the Ministry.

By means of an account number or in another manner, a unique connection shall be registered between the customer relationship and the data.

LAWYERS PROSECUTED FOR MONEY LAUNDERING OFFENCES

No information available.