Norway’s supreme legislature body is considering a bill that would offer immunity from prosecution to intelligence officers and informants who are authorized by the country’s spy service to conduct espionage. The bill has been proposed on behalf of the Royal Norwegian Ministry of Defense, which supervises the operations of the Norwegian Intelligence Service (NIS), Norway’s primary intelligence agency. The NIS operates primarily abroad and is the only institution of the Norwegian state that can be authorized by the government to break laws in foreign countries. However, supporters of the new bill point out that NIS overseas operations can also break Norwegian law. That is something that the proposed bill addresses, they argue.
The proposed bill offers immunity from prosecution to NIS case officers and their assets —either informants or foreign spies— who may commit offenses under Norwegian law, as part of authorized espionage operations. In its consultation note that accompanies the proposed bill, the Norwegian Ministry of Defense admits that a number of NIS operations “already violate existing Norwegian laws”. That is inevitable, argues the Ministry, because officers and informants who engage in espionage operations will often “act contrary to the stipulations of criminal law […] as part of their assignments”. They may, in other words, “do certain things that would be illegal if they were done not on behalf of the intelligence service”, states the consultation note.
The document does not provide details of the types of offenses that are committed in pursuit of intelligence operations, arguing that “the offenses that the NIS commits, as well as its methods, must remain secret”. It does, however, suggest that intelligence officers may make use of “false or misleading identities, documents and information”. They may also “smuggle large amounts of cash from the country”, which they will use to pay foreign assets. Given that these assets receive Norwegian taxpayers’ funds, and that some of them end up settling in Norway, it is important that their proceeds not be considered taxable income under Norwegian law, according to the Defense Ministry. By reporting their revenue to the Norwegian Tax Administration, these assets would make their NIS connection known, and thus blow their cover, the document states.
The Defense Ministry notes that the new bill “will have little legal significance”, as NIS espionage operations are generally shielded from prosecution under Norway’s existing legal codes. It will, however, formalize the NIS’ legal scope and allow the agency to assure its case officers that they can perform their missions without fearing arrest or prosecution, so long as they act within the parameters of their authorized missions. The spy agency will also be able to recruit more “informants, sources and contractors”, says the document.