National Security Act 2023

67 Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement

(1) This section applies where a person (“P”) makes a foreign activity arrangement required to be registered under section 65(4).

(2) P commits an offence if—

(a) P carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,

(b) the arrangement is not registered, and

(c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.

(3) A person other than P commits an offence if—

(a) the person carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,

(b) the arrangement is not registered, and

(c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.

(4) In proceedings for an offence under subsection (3) it is a defence to show that the person—

(a) took all steps reasonably practicable to determine whether the arrangement was registered, and

(b) reasonably believed that the arrangement was registered.

(5) A person is taken to have shown a matter mentioned in subsection (4) if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(6) In this section “relevant activity” has the same meaning as in section 65.