Part 1Espionage, sabotage and persons acting for foreign powers
Foreign power condition and foreign power threat activity
I1I4C131The foreign power condition
1
For the purposes of this Part the foreign power condition is met in relation to a person’s conduct if—
a
the conduct in question, or a course of conduct of which it forms part, is carried out for or on behalf of a foreign power, and
b
the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case.
2
The conduct in question, or a course of conduct of which it forms part, is in particular to be treated as carried out for or on behalf of a foreign power if—
a
it is instigated by a foreign power,
b
it is under the direction or control of a foreign power,
c
it is carried out with financial or other assistance provided by a foreign power for that purpose, or
d
it is carried out in collaboration with, or with the agreement of, a foreign power.
3
Subsections (1)(a) and (2) may be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, and the foreign power (for example, there may be an indirect relationship through one or more companies).
4
A person’s conduct may form part of a course of conduct engaged in by the person alone, or by the person and one or more other persons.
5
The foreign power condition is also met in relation to a person’s conduct if the person intends the conduct in question to benefit a foreign power.
6
For the purposes of subsection (5) it is not necessary to identify a particular foreign power.
7
The foreign power condition may be met in relation to the conduct of a person who holds office in or under, or is an employee or other member of staff of, a foreign power, as it may be met in relation to the conduct of any other person.
I2I532Meaning of “foreign power”
1
In this Part “foreign power” means—
a
the sovereign or other head of a foreign State in their public capacity,
b
a foreign government, or part of a foreign government,
c
an agency or authority of a foreign government, or of part of a foreign government,
d
an authority responsible for administering the affairs of an area within a foreign country or territory, or persons exercising the functions of such an authority, or
e
a political party which is a governing political party of a foreign government.
2
A political party is a governing political party of a foreign government if persons holding political or official posts in the foreign government or part of the foreign government—
a
hold those posts as a result of, or in the course of, their membership of the party, or
b
in exercising the functions of those posts, are subject to the direction or control of, or significantly influenced by, the party.
3
Subsection (1)(e) does not include a political party which is—
a
a governing political party of the government of the Republic of Ireland, and
b
a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.
4
In this section—
“foreign country or territory” means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories;
“foreign government” means the government of a foreign country or territory;
a “government” includes persons exercising the functions of a government;
“territory” includes the constituent territories of a federal State.
I3I633Foreign power threat activity and involvement in that activity
1
In this Part references to foreign power threat activity and to involvement in foreign power threat activity are to one or more of the following—
a
the commission, preparation or instigation of acts or threats within subsection (3);
b
conduct which facilitates (or is intended to facilitate) conduct falling within paragraph (a);
c
conduct which gives support or assistance to a person (“P”), where the person who engages in the conduct—
i
knows or believes P to be involved in, and
ii
engages in the conduct for the purpose of giving support or assistance to,
conduct falling within paragraph (a).
2
It is immaterial whether the activity within subsection (1) relates to specific acts or threats within subsection (3), or to acts or threats within that subsection in general.
3
References to acts or threats within this subsection are to—
a
acts which constitute an offence under—
i
section 1 (obtaining or disclosing protected information);
ii
section 2 (obtaining or disclosing trade secrets);
iii
section 3 (assisting a foreign intelligence service);
iv
section 4 (entering etc. a prohibited place for a purpose prejudicial to the UK);
v
section 12 (sabotage);
vi
section 13 (foreign interference: general);
b
acts within subsection (4) in relation to which the foreign power condition is met;
c
threats to carry out acts within subsection (4), where the foreign power condition is met in relation to the threats.
4
Acts are within this subsection if they—
a
involve serious violence against another person,
b
endanger the life of another person, or
c
create a serious risk to the health or safety of the public or a section of the public.