Part 4: Foreign Activities and Foreign Influence Registration Scheme Section 68: Requirement to register relevant activities of specified persons
Section 68 provides a second set of ‘enhanced tier’ registration requirements under FIRS. The combined effect of sections 65-67 is to provide greater assurance around activities which are directed by, or carried out by, specified persons. Section 68 focusses on activities conducted by specified persons themselves, rather those that they are directing through an arrangement that would need to be registered under section 65. Specified persons who are foreign powers are not required to register their activities, unless a misrepresentation is made.
	Subsection (1) provides that specified persons who are not foreign powers must not carry out relevant activities in the UK unless they have registered them with the Secretary of State.
	Subsection (2) extends the prohibition in subsection (1) to office-holders, employees and staff members of specified persons who are not foreign powers. It sets out that, when acting in their capacity as an employee or staff member, they must not carry out relevant activities in the UK unless the specified person has registered them with the Secretary of State.
	Subsection (3) sets out similar, though distinct, prohibitions for office-holders, employees and staff members of specified persons who are foreign powers. It sets out that an employee etc. who is acting in that capacity must not carry out relevant activities in the UK if: (a) such activities involve the person making a misrepresentation about the activities or the capacity in which they act; and (b) the activities are not registered with the Secretary of State by the specified foreign power. This provision is designed to prevent undeclared foreign agents who are misrepresenting their identify, for example as a businessman rather than a foreign government employee, relying the foreign power exemption from registration. A misrepresentation might include one made to a particular individual (for example, in the case of an individual lying about who they work for in an individual meeting), or more generally (for example, presenting themselves in a different capacity to their whole range of stakeholders). There is no general requirement for employees etc., or the specified foreign power, to register activities that do not involve a misrepresentation (see Schedule 15).
	Subsection (4) provides that "relevant activities" in this section means all activities, unless regulations made under subsection (5) state otherwise. The requirement to register all activities by default will enable greater assurance about the full range of activities carried out by specified entities. The "relevant activities" for the purposes of this section can be different to the "relevant activities" of section 65; this allows registration requirements to be tailored. For example, the regulations may require specified entities to register a narrower range of "relevant activities" if they carry them out themselves, rather than if they direct someone else to carry them out. Subsection (5) provides that the Secretary of State may by regulations make provisions about the activities which are "relevant activities" for the purpose of this section. These provisions may be made in relation to specific specified persons, or in relation to all specified persons.
	Subsection (6) provides that a misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.
	Subsection (7) provides that a misrepresentation may be made by making a false or misleading statement; or may also be made by any other kind of conduct, including an omission (for example, an individual failing to mention details which means they represent themselves in a misleading way). The subsection also provides that a misrepresentation may be made either explicitly or implicitly.
	Subsection (8) sets out non-exhaustive circumstances that may constitute a misrepresentation. They include a misrepresentation as to the person’s identity or purpose; or the presentation of information in a way that amounts to a misrepresentation (even if some of the information is true).
	Subsection (9) provides that those who breach the prohibitions at subsections (1) or (2) commit an offence.
	Subsection (10) provides that those who breach the prohibition at subsection (3) commit an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that they are making a misrepresentation about their activities or the capacity in which they act.
	Subsection (11) provides a potential defence to the offences under subsections (9) and (10). This defence is available to a person who has taken all steps reasonably practicable to determine whether the activities in question are or are not registered, and having taken such steps, reasonably believes that they are registered.
	Subsection (12) sets out that a person is considered to have shown a matter mentioned in subsection (11) if there is sufficient evidence to raise an issue with respect of it, and the contrary is not proved beyond reasonable doubt. It will be for a defendant to provide evidence that the defence applies, following which it will be for the prosecution to prove beyond reasonable doubt that the person did not take all reasonably practicable steps, or that they did not hold a reasonable belief that the activities were registered.
Example (1): Activities carried out by specified persons
A state-owned enterprise from a foreign country has been specified by the Secretary of State in order to protect the safety and interests of the UK.
The UK-based office of that state-owned enterprise launches a marketing campaign to sell its products to UK consumers. The state-owned enterprise is required to register this campaign prior to carrying it out.
Example (2): Activities carried out by a specified foreign power involving the making of a misrepresentation
The Ministry of Foreign Affairs of a foreign country has been specified by the Secretary of State in order to protect the safety and interests of the UK.
An official of the Ministry of Foreign Affairs falsely presents himself as a senior consultant within the oil and gas industry. He sets up a LinkedIn account with this as his job title and distributes business cards accordingly. He uses this misrepresentation to gain access to a wide range of contacts within the industry and is subsequently invited to make a speech at a conference on the use of fossil fuels. He does not register this activity.
Whilst foreign powers and employees are exempt from registering their own activity, as the official of the Ministry of Foreign Affairs is seeking to hide the foreign agency involvement by misrepresenting the capacity in which he is acting, he is not permitted to use the exemptions for foreign powers and employees and risks prosecution for failing to register any UK activity that involve this misrepresentation, including the speech at the conference.