Strengthening the Transparency and Integrity of Foreign Influence Activities in France

Annex C. The Foreign Influence Registration Scheme (FIRS) in the United Kingdom

Description

The establishment of a Foreign Influence Registration Scheme was provided for in the National Security Bill (Part 4) passed in the summer of 2023 in the United Kingdom (UK). The register is scheduled to come into force in autumn 2024 and detailed guidelines will be published before the scheme’s requirements come into force.

It is a two-tier registration scheme – including an “enhanced” tier for activities carried out on behalf of certain foreign powers or power-controlled entities that pose a risk to UK safety and interests. The FIRS aims to “strengthen the resilience of the UK political system against covert foreign influence” and to “better inform [UK citizens] about the nature, scale and extent of foreign influence in the UK ". Like FARA and FITS, FIRS considers “open and transparent engagement with and on behalf of foreign governments” to be legitimate.

Scope and definitions

Actors covered

A “foreign power” is defined in the National Security Act 2023 (section 32) as any of the following persons:

• The sovereign or other head of a foreign State.

• A foreign government or part of a foreign government (for example, a ministry or department of a foreign government).

• An agency or authority of a foreign government, or of part of a foreign government.

• An authority responsible for administering the affairs of an area within a foreign country or territory (for example, a local government authority in a foreign country).

• A political party which is a governing political party of a foreign government. Foreign political parties that are not the ruling party of a foreign country are not foreign powers.

Types of activities, decisions and public officials covered

If a formal or informal “arrangement” is formed with an employee or member of one of the above entities (when acting in this capacity), it is treated as an “arrangement with a foreign power”. An arrangement involves a “direction” from the foreign power to carry out “political influence activities” in the United Kingdom, directly or through another natural or legal person.

As with FARA and FITS, the term “direction” in FIRS has a broad definition even though it is not expressly defined in the National Security Bill. An “direction” is considered to be an order to act and implies some degree of control or expectation by the foreign power. These orders could be delivered in the form of a request, but only where there is a power relationship between the person and the foreign power which adds an element of control or expectation to the request, for example through a contract, payment, coercion or promise of future compensation or favourable treatment. However, a benefit does not necessarily need to be provided for an order or instruction to constitute a “direction”.

Funding from a foreign power alone does not in itself constitute a direction. For example, cultural, political, linguistic or economic institutes will not be required to register simply because they receive funds from a foreign power. It would only be considered a “direction” if the funding had conditions attached for it to be used in a particular way, or it was provided in furtherance of an expectation that it will be used in a particular way. Similarly, ownership, or part-ownership by a foreign power, does not necessarily mean that activities of such enterprises are directed by a foreign power. State-owned enterprises would only need to register where they are directed to conduct or arrange political influence activity by a foreign power in the United Kingdom.

An activity is considered a “political influence activity” (article 70 of the National Security Act 2023) if it meets the following two criteria:

• Criterion 1 – the activity is one of the following:

  • A communication (for example, an email, letter or meeting) to a senior public official or politician.

  • A public communication (for example, the publication or production of an article) except where it is reasonably clear that it is made at the direction of a foreign power (for example, if an article is labelled in a way that makes this fact clear, or if the writer mentions this fact in the article itself).

  • The provision of money, goods or services to an individual or entity in the United Kingdom (for example, providing consultancy services to a UK business).

• Criterion 2 – the purpose, or one of the purposes, of the activity is to influence one of the following:

  • An election or referendum in the United Kingdom.

  • A decision of a Minister or Government department (including a Minister or Government department of Wales, Scotland or Northern Ireland).

  • The proceedings of a UK registered political party (such as their manifesto commitments).

  • A Member of the House of Commons, House of Lords, Northern Ireland Assembly, Scottish Parliament or Senedd Cymru (when acting in their capacity as such).

Exceptions/exemptions

The scheme provides for a number of exemptions to ensure its proportionality. The Secretary of State also has a power to create additional exemptions through regulations. The following people will therefore not be required to register with the scheme:

• Those acting pursuant to an agreement to which the United Kingdom is a party (for example, those invited to participate an event by a UK government department) (both tiers).

• Individuals acting for a foreign power in their official capacity as employees (both tiers).

• Individuals to whom privileges and immunities apply in international law as provided by, for example, the Vienna Convention on Diplomatic and Consular Relations (both tiers).

• Family members who are part of the household of members of diplomatic and consular staff (both tiers).

• Those providing essential services to a diplomatic mission or consulate, e.g. catering or building services (enhanced tier).

• Lawyers providing legal services (both tiers).

• Domestic and international news publishers (political influence tier only).

• Any agreement with the Republic of Ireland will also be exempt from registration.

There is no requirement to register information that is subject to legal professional privilege or would involve the disclosure of confidential journalistic material or sources.

Disclosure regime

Types of information to disclose

Foreign powers themselves are not required to register, only people who have entered into agreements with foreign powers.

Although the precise disclosure requirements have not yet been clearly defined, the UK government has already published a “policy statement and draft regulations” outlining the information that it intends to require at registration.

The FIRS distinguishes between two types of influence with distinct disclosure regimes:

• A “political influence tier”, which requires the registration of arrangements to carry out political influence activities in the United Kingdom at the direction of a foreign power. The information requested from a registrant will include a description of the activities to be undertaken, including their nature, purpose and any sought outcomes, details of the start and end dates of the activities, a description of the frequency of the activities, details of the individuals or entities carrying out these activities and details of the specified entity or foreign power who is directing the activities.

• An “enhanced tier”, in which the UK government will have the power to specify a foreign power, part of a foreign power or an entity subject to foreign power control, where the Secretary of State considers it necessary to protect the safety or interests of the United Kingdom. Use of the power will be subject to Parliamentary approval. Where appropriate, the government may narrow the activities requiring registration under this tier. The enhanced tier of FIRS gives the Secretary of State the power to require registration of a wider range of activities:

  • Arrangements to carry out any activities within the United Kingdom at the direction of a specified power or entity: the person making the arrangement with the specified body will be responsible for registration.

  • Activities carried out in the United Kingdom by specified foreign power-controlled entities. In these circumstances, the specified entity (not a foreign power) will be responsible for registration.

Frequency of disclosures

Under the political influence tier, all arrangements must be registered within 28 days of being made with the foreign power.

Violations and sanctions

The FIRS provides for a number of offences, including for those who fail to comply with registration requirements or respond to information notices.

The following offences under the political influence tier are punishable by up to 2 years imprisonment and/or a fine:

• Failure to register a registerable arrangement (section 69(5) of the legislation).

• Carrying out political influence activities, or arranging for others to carry out these activities, pursuant to a registerable arrangement, where registration requirements have not been met (section 71).

• Failure to update a registration within 14 days where there is a material change in the arrangement or activities registered (section 74(8)).

• Failure to comply with an information notice (section 75(8)).

• The provision of false, inaccurate or misleading information (section 77).

• Carrying out political influence activities, or arranging for others to carry out these activities, pursuant to a registerable arrangement, where false, inaccurate or misleading information has been provided (section 78(2)).

Failure to comply with obligations following an information notice, without reasonable excuse, also constitutes a criminal offense punishable by:

• Up to 5 years of imprisonment and a fine under the enhanced tier.

• Up to 2 years of imprisonment and a fine under the “political influence” tier.

For an offense to be committed, the individual must have relevant knowledge of the agreement or the parties to that agreement. When a person or entity is unaware of this information, they may avoid committing an offense.

Registry administration, compliance and enforcement

A scheme management unit will be established within the Home Office which will have both administrative and investigative functions and is still being set up at the time of writing. This unit will be authorised in particular to issue information notices to registrants or natural or legal persons who are potentially party to or acting under a registrable agreement.