Part 4: Foreign Activities and Foreign Influence Registration Scheme Section 66: Meaning of "specified person"
Section 66 sets out the meaning of "specified person" and the powers given to the Secretary of State in relation to the enhanced tier of the scheme.
	Subsection (1) defines a "specified person" as either a foreign power or a person (other than a foreign power), specified by the Secretary of State in regulations. A foreign power is defined at section 32 of the Act (although the term is modified for the purpose of Part 4 of the Act by section 83). Where the power is used to specify a foreign power, it may be that, for example, only part of a foreign government is specified, such as an individual department or agency.
	Subsection (2) provides that a person other than a foreign power can only be specified if the person is not an individual and the Secretary of State reasonably believes the person is controlled by a foreign power.
	Subsection (3) introduces Schedule 13, which sets out when a person is controlled by a foreign power any may therefore be specified under subsection (2).
	Subsection (4) provides that the Secretary of State may make regulations specifying a foreign power or a "person" other than a foreign power only if the Secretary of State considers it reasonably necessary to do so protect the safety or interests of the UK. For example, the Secretary of State may decide to specify a foreign government or an entity controlled by a foreign power that is assessed to be engaged in activities that present a risk to national security.
	Subsection (5) provides that the regulations specifying a foreign power or person subject to foreign power control may make provision for the registration requirement at section 66 to apply with modifications where a foreign activity arrangement was already in existence prior to the scheme coming into force. For example, the regulations could allow a longer period of time than 10 days to register an existing arrangement.
Example (1): Establishment of a foreign activity arrangement (entity)
A company is directly funded and supported by a foreign government, which has recently been specified by the Secretary of State to protect the safety or interests of the UK.
Government officials from the specified foreign government discuss the terms of funding with the company for the next financial year. Officials direct the company to target a proportion of the funding at acquiring specialist expertise in the UK for future projects, through activities in the UK and other countries. They ask the company to hold a series of networking and collaboration events in the UK over the course of the next year to promote the projects and raise their profile with UK industry specialists.
The company ("P") would be required to register the arrangement (the direction to target a proportion of the funding at acquiring specialist expertise for future projects in the UK) under FIRS. There is no requirement for each individual employee who may be engaged in the running of the events to register, as it is the responsibility of the company.
The arrangement must be registered with the scheme within 10 days of it being made, and before any activities are carried out under the arrangement.
Example (2): Establishment of a foreign activity arrangement (individual)
The Department of Cultural Affairs (DCA) of a foreign country has been specified by the Secretary of State to protect the safety or interests of the UK.
A high-profile entrepreneur, who resides in London with a large UK-based social media following, is approached by an official from the DCA, who offers him a substantial amount of money to actively promote a number of cultural programmes being run by UK academic institutions. No formal contract is put in place, but the entrepreneur accepts the offer and expresses willingness to act at the direction of the DCA official.
The entrepreneur ("P") would be required to register the arrangement (acceptance of the tasking to carry out activities to promote the cultural programmes of the DCA in return for money).
The arrangement must be registered with the scheme within 10 days of it being made, and before any activities are carried out under the arrangement.
Example (3): Arranging for a third party to carry out activities in the United Kingdom
The Ministry of Security (MoS) of a foreign country has been specified by the Secretary of State to protect the safety or interests of the UK.
An official of the MoS meets with an entrepreneur based abroad, who is due to attend a conference in the UK. The conference is designed to bring together academia and business in a number of specialist subject areas. The MoS official tasks the entrepreneur to use their UK business network to facilitate a number of experts in certain fields, who are attending the conference, to be approached and invited to present at a future event. The MOS official is clear that in return, the entrepreneur would be rewarded although it isn’t specified how.
The entrepreneur ("P") would be required to register the arrangement (the direction to arrange to carry out recruitment activities at the conference in the UK). The arrangement must be registered with the scheme within 10 days of it being made, any before any activities are carried out under the arrangement.
Example (4): Registration not required
A foreign government is specified by the Secretary of State to protect the safety or interests of the UK. A UK-based charity receives frequent donations from this specified foreign government. Although the donations support the work and cause of the charity, it is not being directed, whether expressly or implicitly, to spend this funding in a particular way. There is therefore no requirement for the charity to register with the scheme.
Example (5): Registration not required
An overseas university, which is controlled by a foreign government, is specified by the Secretary of State to protect the safety or interests of the UK. A small number of research institutions within the UK are involved in collaborative projects with the overseas university as part of an initiative led by an international NGO. As the terms of the initiative are set by the international NGO and not by the overseas university, there is no requirement for the UK-based research institutions to register their activity in the UK (they are not in a directive arrangement with the university). The university would, however, need to register any activities that it conducts itself in the UK with FIRS (including its activities with the UK institutions) – see section 68.