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 person is taken to have shown a matter mentioned in subsection (7) or (8) 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.

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”.