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Agreement and administrative arrangement both
signed at Oslo November 30, 2001. Entry into force September 1,
2003. Replaced an earlier U.S.-Norwegian agreement which entered into
force July 1, 1984.
Norsk
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Contents |
Chapter I - Provisions Applicable to the United
States
Chapter II - Provisions Applicable to
Norway
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AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF NORWAY
ON SOCIAL SECURITY
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The Government of the United States of America
and
The Government of the Kingdom of Norway,
BEING DESIROUS of regulating the relationship between their two countries
in the field of Social Security, have agreed as follows:
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Definitions and Laws
ARTICLE 1
For the purpose of this Agreement:
- "Territory" means, as regards the United States, the States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa and the Northern Mariana Islands, and as regards
Norway, the territory of the Kingdom of Norway;
- "Norwegian Continental Shelf"means the sea bed and its subsoil of
the submarine areas outside the coast of the Kingdom of Norway over
which Norway has sovereign rights for the purpose of exploring it and
exploiting its natural resources;
- "National" means, as regards the United States, a national of the
United States as defined in Section 101, Immigration and Nationality
Act of 1952, as amended, and as regards Norway, a person of Norwegian
nationality;
- "Laws" means the laws and regulations specified in Article 2;
- "Competent Authority" means, as regards the United States, the Commissioner
of Social Security, and as regards Norway, the Ministry of Health and
Social Affairs;
- "Agency" means, as regards the United States, the Social Security
Administration, and as regards Norway, the office or authority responsible
for applying all or part of the laws designated in Article 2;
- "Period of coverage" means a period of payment of contributions or
a period of earnings from employment or self-employment, as defined
or recognized as a period of coverage by the laws under which such period
has been completed, or any similar period insofar as it is recognized
by such laws as equivalent to a period of coverage;
- "Benefit" means any benefit provided for in the laws of either Contracting
State;
- "Stateless person" means a person defined as a stateless person in
Article 1 of the Convention relating to the Status of Stateless Persons
dated September 28, 1954;
- "Refugee" means a person defined as a refugee in Article 1 of the
Convention relating to the Status of Refugees dated July 28, 1951, and
the Protocol to that Convention dated January 31, 1967.
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ARTICLE 2
- For the purpose of this Agreement, the applicable laws are:
- As regards the United States, the laws governing the Federal old-age,
survivors and disability insurance program:
- Title II of the Social Security Act and regulations pertaining
thereto except sections 226, 226A and 228 of that title and regulations
pertaining to those sections,
- Chapter 2 and Chapter 21 of the Internal Revenue Code of 1986
and regulations pertaining to those chapters;
- As regards Norway:
The National Insurance Act of 28 February 1997, except chapters
4, 5, 8, 9, 13, 14 and 15, unless otherwise provided in Part III.
- Unless otherwise provided in this Agreement, laws within the meaning
of paragraph 1 shall not include treaties or other international agreements
concluded between one Contracting State and a third State, or laws or
regulations promulgated for their specific implementation.
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General Provisions
ARTICLE 3
This Agreement, unless it provides otherwise, shall apply to:
- nationals of either Contracting State,
- refugees,
- stateless persons,
- other persons with respect to the rights they derive from
a national of either Contracting State, a refugee or a stateless
person, and
- nationals of a State other than a Contracting State who
are not included among the persons referred to in paragraph (d)
of this Article, and who are or have been subject to the laws of
a Contracting State.
ARTICLE 4
- Unless otherwise provided in this Agreement, the persons designated
in Article 3 (a), (b), (c) or (d) who reside in the territory of either
Contracting State shall, in the application of the laws of a Contracting
State, receive equal treatment with the nationals of that Contracting
State.
- Nationals of a Contracting State who reside outside the territories
of both Contracting States shall receive benefits provided by the laws
of the other Contracting State under the same conditions which the other
Contracting State applies to its own nationals who reside outside the
territories of both Contracting States.
- Unless otherwise provided in this Agreement, the laws of a Contracting
State under which entitlement to or payment of cash benefits is dependent
on residence or presence in the territory of that Contracting State
shall not be applicable to the persons designated in Article 3 who reside
in the territory of the other Contracting State.
- This Article shall be applied by the United States in a manner consistent
with Section 233(c)(4) of the United States Social Security Act.
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PART
III
Provisions on Coverage
ARTICLE 5
- 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.
- (a) 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 as if he were still employed in the territory
of 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 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.
(b) For purposes of applying this paragraph in the case of an employee
who is sent from the territory of the United States by an employer in
that territory to the territory of Norway, that employer and an affiliated
company of the employer (as defined under the laws of the United States)
shall be considered one and the same, provided that the employment would
have been covered under United States laws absent this Agreement.
(c) This paragraph shall not apply in the case of a person who is
sent from the territory of Norway to the territory of the United States
unless the person is on a Norwegian payroll as determined by Norwegian
legislation.
(d) This paragraph shall also apply in cases where a person is employed
in the territory of a third State, but compulsorily 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.
(e) This paragraph shall also 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.
(f) With respect to this paragraph, a person who is sent by an employer
having a place of business in the territory of Norway to the territory
of the United States 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).
(g) With respect to this paragraph, a person who is sent by an employer
having a place of business in the territory of the United States to
the territory of Norway and who is subject to United States laws shall
also be excluded from coverage and exempt, together with the employer,
from contributions under all chapters of the National Insurance Act
except Chapters 5, 8, 9 and 14.
- (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 or exploitation of natural resources on the Norwegian continental
shelf.
(b) The provisions of paragraph 2 shall also apply in cases where
a person is employed on installations for the exploration or exploitation
of natural resources on the Norwegian continental shelf as if he were
employed in the territory of Norway.
(c) A United States national not resident in Norway, employed on an
installation for the exploration or exploitation of natural resources
on the Norwegian continental shelf, to whom the provisions of paragraph
2 do not apply, and who is subject to United States laws with respect
to that employment shall be exempt from Norwegian laws as defined in
Article 2.1 (b) and remain subject to United States laws.
- 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.
- (a) This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention
on Consular Relations of April 24, 1963.
(b) Nationals of one of the Contracting States who are employed by
the Government of that Contracting State in the territory of the other
Contracting State but who are not exempt from the laws of the other
Contracting State by virtue of the Conventions mentioned in subparagraph
(a) shall be subject to the laws on compulsory coverage of only the
first Contracting State. For the purpose of this paragraph, employment
by the United States Government includes employment by an instrumentality
thereof.
- 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. With respect to this paragraph, a
vessel which flies the flag of the United States is one defined as an
American vessel under the laws of the United States.
- This Agreement does not affect the right of Norwegian nationals who
are resident or present in the United States to apply for voluntary
insurance under the National Insurance Scheme of Norway.
- After the entry into force of this Agreement, the provisions of
Section 2-13 of the Norwegian National Insurance Act concerning
exemptions from the National Insurance Scheme shall no longer be
applied to persons to whom this Agreement is applicable.
- 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 one of the
Contracting States.
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Provisions on Benefits
CHAPTER I--Provisions
Applicable to the United States
ARTICLE 6
- Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient quarters of coverage
to satisfy the requirements for entitlement to benefits under United
States laws, pension point years completed under Norwegian laws shall
be taken into account to the extent they do not coincide with calendar
quarters already credited as quarters of coverage under United States
laws.
- In determining eligibility for benefits under paragraph 1 of this
Article, the agency of the United States shall credit four quarters
of coverage for each pension point year certified as creditable by the
agency of Norway; however, no quarter of coverage shall be credited
for any calendar quarter already credited as a quarter of coverage under
United States laws. The total number of quarters of coverage to be credited
for a year shall not exceed four.
- Entitlement to a benefit from the United States which results from
paragraph 1 shall terminate with the acquisition of sufficient periods
of coverage under United States laws to establish entitlement to an
equal or higher benefit without the need to invoke the provision of
paragraph 1.
- Where entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1, the agency of the United
States shall compute a pro rata Primary Insurance Amount in accordance
with United States laws based on (a) the person's average earnings credited
exclusively under United States laws and (b) the ratio of the duration
of the person's periods of coverage completed under United States laws
to the duration of a coverage lifetime as determined in accordance with
United States laws. Benefits payable under United States laws shall
be based on the pro rata Primary Insurance Amount.
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Chapter
II--Provisions Applicable to Norway
ARTICLE 7
- (a) Where a person has completed at least three years of coverage
under Norwegian laws, or one year if covered while performing occupational
activity in Norway, prior to the insured contingency, quarters of coverage
completed under United States laws shall be taken into account to determine
entitlement to disability, survivors and old-age pensions provided they
do not coincide with periods of coverage already credited under Norwegian
laws. To become entitled to a Norwegian supplementary pension based
on the preceding sentence, pension points must have been credited for
at least one year on the basis of occupational activity for at least
one year.
(b) Four quarters of coverage completed under United States laws shall
correspond to one year of coverage under Norwegian laws.
- (a) If entitlement to a benefit exists under Norwegian laws without
recourse to the provisions of this Agreement, the benefit shall be computed
in accordance with Norwegian laws.
(b) If entitlement to a disability or survivors benefit under Norwegian
laws exists only according to the provisions of this Agreement, the
benefit shall be computed in the following manner:
- The benefit amount shall be determined which would have been payable
if the person's periods of coverage under United States laws had been
periods of coverage under Norwegian laws.
- This amount shall be multiplied by the ratio between the person's
actual periods of coverage under Norwegian laws and the sum of the
person's periods of coverage under both Norwegian and United States
laws.
- If the person's total periods of coverage under Norwegian laws,
or the sum of such periods and periods of coverage under United States
laws, exceeds 40 years, then the actual period, or sum of periods,
shall be replaced by the figure "40" for the purposes of
the said calculation.
- A supplementary pension shall be computed on the basis of the average
annual pension point figure for the years during which the person
concerned has been credited with pension points under Norwegian laws
in accordance with the rules for the calculation of the final pension
point figure under the National Insurance Act.
- The provisions of Paragraph 1(b) shall apply as appropriate.
- If entitlement to an old-age pension under Norwegian laws exists only
according to the provisions of this Agreement, the old-age pension shall
be computed on the basis of periods of coverage fulfilled and pension
point years credited under Norwegian laws.
- A Norwegian disability or survivors pension shall be converted to
an old-age pension when the person reaches the general pension age.
The old-age pension shall be computed on the basis of periods of coverage
and pension point years used to compute the disability or survivors
pension.
- Supplementary pensions payable to persons to whom this Agreement
applies shall be computed in accordance with the overcompensation provisions
of Section 3-9 of the National Insurance Act. Pension increments due
to overcompensation shall also be paid to persons to whom this Agreement
applies when they are resident in the territory of the United States.
The provisions of paragraph 1 shall not apply in relation to Section
3-9 of the National Insurance Act.
- Payment of rehabilitation benefits, basic benefits, attendance benefits,
guaranteed minimum supplementary pension benefits to persons becoming
disabled at birth or at a young age, education benefits and child care
benefits to persons not resident or present in the territory of Norway
shall be determined in each case pursuant to Norwegian laws.
- Pensions already payable prior to 1 January 1991 which do not take
into account all periods of residence in Norway prior to 1967 and later
than 1936, shall be recalculated upon request from the beneficiary.
If the result of this recalculation is more favorable, the differential
amount shall be paid retroactively from 1 January 1991.
- Funeral grants under Norwegian laws shall be payable in respect of
persons who were subject to Norwegian laws at the time of their death.
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Miscellaneous Provisions
ARTICLE 8
The Competent Authorities of the two Contracting States shall:
- Conclude an administrative agreement and make such other administrative
arrangements as may be necessary for the implementation and application
of this Agreement;
- Communicate to each other information concerning the measures taken
for the application of this Agreement; and
- Communicate to each other, as soon as possible, information concerning
all changes in their respective laws which may affect the application
of this Agreement.
ARTICLE 9
- The Competent Authorities and the agencies of the Contracting States,
within the scope of their respective authority, shall assist each other
in implementing this Agreement. This assistance shall be free of charge
subject to exceptions to be agreed upon in an administrative agreement.
- Liaison agencies for the implementation of this Agreement shall be:
- for the United States, the Social Security Administration;
- for Norway, the National Insurance Institution.
ARTICLE 10
Where the laws of a Contracting State provide that any document which
is submitted to the Competent Authority or an agency of that Contracting
State shall be exempted, wholly or partly, from fees or charges, including
consular and administrative fees, the exemption shall also apply to documents
which are submitted to the Competent Authority or an agency of the other
Contracting State in accordance with its laws.
ARTICLE 11
- The Competent Authorities and agencies of the Contracting States may
correspond directly with each other and with any person wherever the
person may reside whenever it is necessary for the implementation of
this Agreement. The correspondence may be in the writer's official language.
- An application or document may not be rejected because it is in the
official language of the other Contracting State.
ARTICLE 12
- A written application for benefits filed with an agency of one Contracting
State shall protect the rights of the claimants under the laws of the
other Contracting State if the applicant requests that it be considered
an application under the laws of the other Contracting State or provides
information indicating that the person on whose record benefits are
claimed has completed periods of coverage under the laws of the other
Contracting State.
- Notwithstanding paragraph 1, an applicant may specify that an application
filed with an agency of one Contracting State not be considered an application
under the laws of the other Contracting State or that the application
be effective on a different date in the other Contracting State within
the limitations of and in conformity with the laws of the other Contracting
State.
ARTICLE 13
- A written appeal of a determination made by the agency of one Contracting
State may be validly filed with an agency of the other Contracting State.
- Any claim, notice, or appeal which must be filed within a given period
of time with the agency of one Contracting State shall be considered
to have been timely filed if the claim, notice, or appeal has been filed
within such period with the agency of the other Contracting State. In
such case, the agency with which the claim, notice, or appeal has been
filed shall indicate the date of receipt on the document and transmit
it without delay to the liaison agency of the other Contracting State.
ARTICLE 14
In case provisions designed to restrict the exchange of currencies are
issued in either Contracting State, the Governments of both Contracting
States shall immediately confer on the measures necessary to insure the
transfer of sums owed by either Contracting State under this Agreement.
ARTICLE 15
- Disagreements between the two Contracting States regarding the interpretation
or implementation of this Agreement shall, as far as possible, be settled
by the Competent Authorities.
- If a disagreement cannot be resolved by the Competent Authorities
of the Contracting States, they shall endeavor to settle the issue through
arbitration, mediation or other mutually agreed procedure.
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PART VI
Transitional and Final Provisions
ARTICLE 16
- This Agreement shall also apply to events relevant to rights under
the laws which occurred prior to its entry into force.
- This Agreement shall not establish any claim to payment of a benefit
for any period before its entry into force or a lump-sum death benefit
if the person died before its entry into force.
- Consideration shall be given to periods of coverage under the laws
of either Contracting State occurring before the entry into force of
this Agreement, in order to determine the right to benefits under this
Agreement.
- Determinations made before the entry into force of this Agreement
shall not affect rights arising under it.
- This Agreement shall not result in the reduction of cash benefit amounts
because of its entry into force.
ARTICLE 17
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
termination is given by one of the Contracting States to the other Contracting
State.
- If this Agreement is terminated, rights regarding entitlement to or
payment of benefits acquired under it shall be retained; the Contracting
States shall make arrangements dealing with rights in the process of
being acquired.
ARTICLE 18
- This Agreement shall enter into force on the first day of the third
month following the month in which each Government shall have received
from the other Government written notification that it has complied
with all statutory and constitutional requirements for the entry into
force of this Agreement.
- Nothing in this Agreement shall supersede the exchange of notes between
the Ambassador of the United States of America and the Norwegian Foreign
Ministry in Oslo on June 26, 1968, concerning old-age, survivors and
disability benefits.
- Upon the entry into force of this Agreement, the Agreement between
the United States of America and the Kingdom of Norway on Social Security
of January 13, 1983, shall be terminated and shall be replaced by this
Agreement.
- (a) Any right to benefit acquired by a person in accordance with the
provisions of the Agreement between the United States of America and
the Kingdom of Norway on Social Security of January 13, 1983, shall
be maintained.
(b) Any claim to benefit made but not finally adjudicated at the
date upon which this Agreement comes into force, shall be adjudicated
according to the provisions of the Agreement between the United States
of America and the Kingdom of Norway on Social Security of January
13, 1983, if this gives a more favorable result.
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In witness whereof, the undersigned, being duly
authorized thereto, have signed the present Agreement.
Done at Oslo on November 30, 2001 in duplicate in the English and Norwegian
languages, the two texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Jay L. Bruns III
FOR THE GOVERNMENT OF THE KINGDOM OF NORWAY:
Ingjerd Schou
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ADMINISTRATIVE
AGREEMENT FOR THE IMPLEMENTATION
OF THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF NORWAY ON SOCIAL SECURITY OF NOVEMBER 30, 2001
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In conformity with Article 8(a) of the Agreement between the United
States of America and the Kingdom of Norway on Social Security of November
30, 2001, hereinafter referred to as "the Agreement," the following
provisions have been agreed upon:
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Chapter 1
General Provisions
Article 1
Terms used in this Administrative Agreement shall have the
same meaning as in the Agreement.
Article 2
The liaison agencies designated in Article 9.2 of the Agreement shall
agree upon joint procedures and forms necessary for the implementation
of the Agreement and this Administrative Agreement.
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Chapter 2
Provisions on Coverage
- 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-employed
person a certificate stating that the concerned employee or self-employed
person is covered under those laws. The certificate shall be proof that
the employee or self-employed person is exempt from the laws on compulsory
coverage of the other Contracting State.
- The certificate referred to in paragraph 1 shall be issued
-- In the United States
By the Social Security Administration
-- In Norway
By the local National Insurance Office where the person resides
in the cases mentioned in Article 5.1 and 5.4, and by the National
Insurance Office for Social Insurance Abroad in the cases mentioned
in Article 5.2, 5.3, 5.5 and 5.6.
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Chapter 3
Provisions on Benefits
Article 4
- The agency of the Contracting State with which an application for
benefits is first filed in accordance with Article 12 of the Agreement
shall inform the agency of the other Contracting State of this fact
without delay, using forms established for this purpose. It shall also
transmit documents and such other available information as may be necessary
for the agency of the other Contracting State to establish the right
of the applicant to benefits according to the provisions of Part IV
of the Agreement. In the case of an application for disability benefits
it shall, in particular, transmit all relevant medical evidence in its
possession concerning the disability of the applicant.
- The agency of a Contracting State which receives an application filed
with an agency of the other Contracting State shall without delay provide
the agency of the other Contracting State with such evidence and other
available information as may be required to complete action on the claim.
- The agency of the Contracting State with which an application for
benefits has been filed shall verify the accuracy of the information
pertaining to the applicant and his family members. The types of information
to be verified shall be agreed upon by the agencies.
Article 5
In the application of Article 6 of the Agreement, the Norwegian liaison
agency shall notify the United States liaison agency of the years in which
a person is credited with pension points under Norwegian laws.
Article 6
In the application of Article 7 of the Agreement, the United States
liaison agency shall notify the Norwegian liaison agency of the periods
of coverage completed under United States laws.
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Chapter 4
Miscellaneous Provisions
Article 7
In accordance with measures to be agreed upon pursuant
to Article 2 of this Administrative Agreement, the agency of one Contracting
State shall, upon request of the agency of the other Contracting State,
furnish available information relating to the claim of any specified
individual for the purpose of administering the Agreement or the laws
specified in Article 2.1 of the Agreement.
Article 8
Copies of documents which are certified as true and exact copies by
the agency of one Contracting State shall be accepted as true and exact
copies by the agency of the other Contracting State, without further certification.
The agency of each Contracting State shall be the final judge of the probative
value of the evidence submitted to it from whatever source.
Article 9
The liaison agencies of the two Contracting States shall exchange statistics
on the payments made to beneficiaries under the Agreement for each calendar
year in a form to be agreed upon. The data shall include the number of
beneficiaries and the total amount of benefits, by type of benefit.
Article 10
- Where administrative assistance is requested under Article 9 of the
Agreement, expenses other than regular personnel and operating costs
of the Competent Authorities and agencies providing the assistance shall
be reimbursed in accordance with procedures to be agreed upon by the
liaison agencies.
- Where the agency of a Contracting State requires that a claimant or
beneficiary submit to a medical examination, such examination, if requested
by that agency, shall be arranged by the agency of the other Contracting
State in which the claimant or beneficiary resides, in accordance with
the rules of the agency making the arrangement and at the expense of
the agency which requests the examination. The expenses incurred shall
be reimbursed in accordance with procedures to be agreed upon by the
liaison agencies.
- Upon request, the agency of either Contracting State shall furnish
without expense to the liaison agency of the other Contracting State
any medical information and documentation in its possession relevant
to the disability of the claimant or beneficiary.
Article 11
The agency of a Contracting State shall pay any cash benefits due to
beneficiaries under the Agreement without recourse to the liaison agency
of the other Contracting State.
Article 12
Unless authorized by the national statutes of a Contracting State, information
about an individual which is transmitted in accordance with the Agreement
to that Contracting State by the other Contracting State shall be used
exclusively for purposes of implementing the Agreement. Such information
received by a Contracting State shall be governed by the national statutes
of that Contracting State for the protection of privacy and confidentiality
of personal data.
Article 13
This Administrative Agreement shall enter into force on the date of
entry into force of the Agreement and shall have the same period of validity.
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Done at Oslo on November 30, 2001 in duplicate
in the English and Norwegian languages, both texts being equally authentic.
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For the Government of the United States of America:
Jay L. Bruns III
For the Government of the Kingdom of Norway:
Ingjerd Schou
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