TN 17 (06-97)

RS 02001.201 Terms of Agreement - U.S. Norwegian Agreement

The principal coverage provisions of the basic agreement, the final protocol and the administrative agreement (all of which have equal authority and which are collectively referred to as “the agreement” ) are as follows:

A. BASIC AGREEMENT

Article 5.1 - Unless otherwise provided in this Article, a person employed within the territory of one of the Contracting States shall with respect to that employment be subject to the laws on compulsory coverage of only that Contracting State.

Article 5.2 - If a person in the service of an employer having a place of business in the territory of one Contracting State is sent by that employer to the territory of the other Contracting State for a temporary period, the person shall be subject to the laws on compulsory coverage of only the first Contracting State, provided that his employment in the territory of the other Contracting State is not expected to last for more than 5 years. The preceding sentence shall apply regardless of whether the remuneration for such service is paid by the employer in the first Contracting State. The spouse and children who accompany a person sent by an employer located in the territory of one Contracting State to the territory of the other Contracting State shall be subject to the laws on compulsory coverage of only the first Contracting State for any period in which they are not employed in the other Contracting State.

Article 5.3.(a) - The provisions of paragraph 1 shall also apply in cases where a person is resident in Norway and employed on installations for the exploration and exploitation of natural resources on the Norwegian continental shelf.

Article 5.3.(b) - The provisions of paragraph 2 shall also apply in cases where a person is employed on installations for the exploration and exploitation of natural deposits on the Norwegian continental shelf as if he were employed in the territory of Norway.

Article 5.4 - A person who is self-employed in the territory of either Contracting State and who is a resident of one Contracting State shall be subject to the laws on compulsory coverage of only the Contracting State of which he is a resident.

Article 5.5.(a) - Part III of this agreement shall not apply to the categories of persons mentioned in the provisions of the Vienna Convention or Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963.

Article 5.5.(b) - Nationals of one of the Contracting States who are not mentioned in the provisions of the Vienna Conventions referred to in subparagraph (a) and who are employed by that Contracting State in the territory of the other Contracting State shall be subject to the laws on compulsory coverage of only the first Contracting State.

Article 5.6 - If a person is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and is subject to the laws on compulsory coverage of both Contracting States, the person shall be subject to the laws on compulsory coverage of only the Contracting State whose flag the vessel flies.

Article 5.7 - The Competent Authority of one Contracting State may grant an exception to the provisions of this Article if the Competent Authority of the other Contracting State agrees, provided that the affected person shall be subject to the laws of the Contracting States.

B. FINAL PROTOCOL

Paragraph 1 - The agreement shall not result in coverage under U.S. laws if those laws do not provide for the collection of contributions with respect to such coverage. Article 5.1 of the agreement shall apply when Article 5.2 is not applicable as a result of the preceding sentence.

Paragraph 2 - Article 5.2 shall apply in cases where a person is employed in the territory of a third State, but compulsory covered under the laws of one of the Contracting States, and is then sent by his employer to the territory of the other Contracting State.

Paragraph 3 - With respect to Article 5.2, a person who is sent by an employer having a place of business in the territory of Norway to the territory of the U.S. shall be subject to Norwegian laws, including those chapters of the National Insurance Act excepted from the scope of this agreement in Article 2.1.b.(i).

Paragraph 4 - With respect to Article 5.2, a person who is sent by an employer having a place of business in the territory of the U.S. to the territory of Norway and who is subject to U.S. laws shall also be subject to Norwegian laws with respect to those chapters of the National Insurance Act excepted from the scope of this agreement in Article 2.1.b.(i).

Paragraph 5 - Article 5.2 shall apply in cases where a national of a State other than a Contracting State is sent by an employer in the territory of one Contracting State to the territory of the other Contracting State, provided that its application does not conflict with any provision of another treaty or international agreement between a Contracting State and a third State.

C. ADMINISTRATIVE AGREEMENT

Article 3.1 - Where the laws of a Contracting State are applicable in accordance with Article 5 of the Agreement, the agency of that Contracting State shall issue upon request of the employer, employee or self-emp