Part 1Espionage, sabotage and persons acting for foreign powers
Obtaining benefits from a foreign intelligence service
I1I217Obtaining etc material benefits from a foreign intelligence service
1
A person commits an offence if—
a
the person—
i
obtains, accepts or retains a material benefit which is not an excluded benefit, or
ii
obtains or accepts the provision of such a benefit to another person,
b
the benefit is or was provided by or on behalf of a foreign intelligence service, and
c
the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is or was provided by or on behalf of a foreign intelligence service.
2
A person commits an offence if—
a
the person agrees to accept—
i
a material benefit which is not an excluded benefit, or
ii
the provision of such a benefit to another person,
b
the benefit is to be provided by or on behalf of a foreign intelligence service, and
c
the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is to be provided by or on behalf of a foreign intelligence service.
3
Material benefits may include financial benefits, anything which has the potential to result in a financial benefit, and information.
4
A material benefit is an excluded benefit if—
a
it is provided as reasonable consideration for the provision of goods or services, and
b
the provision of those goods or services does not constitute an offence.
5
A benefit may be provided by or on behalf of a foreign intelligence service directly or indirectly (for example, it may be provided indirectly through one or more companies).
6
Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if—
a
the material benefit is or was, or is to be, provided in or from the United Kingdom, or
b
in any case, the person engaging in the conduct—
i
is a UK person, or
ii
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
7
In proceedings for an offence under subsection (1) by virtue of retaining a benefit, it is a defence to show that the person had a reasonable excuse for retaining the benefit.
8
In proceedings for an offence under subsection (1) or (2) it is a defence to show that the person engaged in the conduct in question—
a
in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,
b
in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions, or
c
in accordance with an agreement or arrangement to which—
i
the United Kingdom was a party, or
ii
any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party.
9
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.
10
A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
11
A person who commits an offence under subsection (2) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine (or both).
12
The following terms have the same meaning as in section 3—
“Crown employment”;
“financial benefit”;
“foreign intelligence service”;
the “law of the United Kingdom”;
“UK person”.