Proposed Registration Requirements For UK Foreign Influence Activities

• Published date: 25 October 2022
• Subject Matter: Government, Public Sector, Terrorism, Homeland Security & Defence
• Law Firm: Morrison & Foerster LLP
• Author: Mr Gareth Rees, Hayley Ichilcik, Marie-Claire Strawbridge, Brandon L. Van Grack, Alex Iftimie, Calum Ablett, Whitney A. Lee, Haydn Forrest and Saqib Alam

The UK government has proposed new registration requirements for foreign influence activities in the UK as part of its attempts to strengthen the resilience of the UK's political system and democratic institutions against covert foreign influence. Such requirements will become a feature of the Foreign Influence Registration Scheme ("FIRS"), which was introduced in Parliament via amendments to the National Security Bill (the "Bill") on 18 October 2022. Although the Bill has yet to become law, if it receives Parliament's approval and royal assent, it will significantly change the UK's espionage laws and will bring the UK in line with jurisdictions such as Australia and the United States, which already have foreign influence registration schemes.

I. The Foreign Influence Registration Scheme

The Bill provides for a two-tiered FIRS. The primary tier focuses on arrangements with foreign principals (for example, a foreign power or a non-UK entity) in which the foreign principal directs a person to carry out or arrange "political influence activities" in the UK. Political influence activities are defined as: (i) communications made to certain specified public officials; (ii) public communications, other than those clearly made at the direction of the foreign principal; and (iii) the distribution of money, goods, or services to UK persons, where such activities are carried out for the purpose of influencing the conduct of UK elections or referendums, government decisions, the members or proceedings of either house of Parliament or the devolved administrations, and/or the proceedings of a UK political party. Such arrangements are termed "Foreign Influence Arrangements" and must be registered with the Secretary of State. Foreign entities will also be required to register their own planned political influence activities before carrying them out.

The enhanced tier of the FIRS will empower the UK Home Secretary to specify foreign powers or foreign power-controlled entities (each being a "Specified Person") for the purposes of the FIRS, as necessary to protect the safety or interests of the UK. A person who makes an arrangement with a Specified Person to carry out activities in the UK, either directly or through another person (a "Foreign Activity Arrangement"), must register that arrangement with the Secretary of State. Specified Persons will also be required to register their own planned activities in the UK before carrying them out.

Both Foreign Influence...