Norway's supreme legislative body is considering a bill that offers immunity from prosecution to intelligence officials and whistleblowers who are authorized by the country's intelligence service to conduct espionage activities. The bill was proposed on behalf of the Norwegian Ministry of Defense, which oversees the operations of the Norwegian Intelligence Service (NIS), Norway's leading intelligence agency. The NIS mainly operates overseas and is the only Norwegian state institution that can be authorized by the government to violate laws in foreign countries. However, supporters of the new bill point out that NIS overseas operations can also violate Norwegian law.
The bill offers immunity from prosecution to NIS officials and their assets - foreign whistleblowers or spies - who can commit crimes under Norwegian law, as part of licensed espionage operations. In its consultation note accompanying the proposed law, the Norwegian Defense Ministry admits that a number of NIS operations “already violate existing Norwegian laws”. This is inevitable, the ministry argues, because officials and whistleblowers who engage in espionage operations often "act contrary to the provisions of criminal law to carry out their missions."
The document does not provide details on the types of crimes committed in prosecuting intelligence operations, arguing that "the crimes of the NIS must remain secret". However, he suggests that intelligence services may use "false or misleading identities, documents and information". They can also "smuggle large amounts of money out of the country," which they will use to pay for foreign assets. According to the Ministry of Defense, as these assets receive Norwegian taxpayers' funds and some of them end up settling in Norway, it is important that their proceeds are not considered taxable income under Norwegian law. By reporting their income to the Norwegian Tax Administration, these businesses would make their connection to the NIS known, and thus blow their coverage, the document says.
The Defense Ministry notes that the new bill "will have little legal significance" as NIS spying operations are generally protected from criminal prosecution under current Norwegian legal codes. However, it will formalize the legal scope of the NIS and allow the agency to ensure that its officials can carry out their missions without fear of arrest or prosecution, provided they act within the parameters of the authorized missions. The spy agency will also be able to recruit other "whistleblowers, sources and contractors," the document says.
