Part 1: Espionage, sabotage and persons acting for foreign powers Foreign power condition and foreign power threat activity Section 31: The foreign power condition
This section provides for the foreign power condition, to which a number of provisions of the Act refer. Subsection (1) provides that the condition is met if a person’s conduct (or a course of conduct) is carried out for or on behalf of, or with the intention to benefit, a foreign power. In addition, for the condition to be met, the person must know, or having regard to other matters known to them ought reasonably to know, that the conduct has that relationship to the foreign power.
	The above reference to a course of conduct is intended to confirm that the condition is met in circumstances where the foreign power has tasked the person to carry out conduct in general but has not tasked them to carry out a particular act.
	Subsection (2) sets out a non-exhaustive list of different types of relationship between the foreign power and the person engaging in the conduct which would result in a person being considered to be acting for or on behalf of the foreign power.
	Subsection (3) provides that the relationship can be a direct or indirect one – and provides an illustrative example of an indirect relationship through one or more companies. Such an example might include a situation where the foreign power uses a third party, such as a company, a group of companies or a chain of companies, to task a person to carry out activity. When considering an indirect relationship involving a company, it may be relevant to consider whether the company is under significant control by the foreign power.
	Subsection (4) confirms that the references in section 32 to a course of conduct include a course of conduct that a person engages in with one or more other persons (as well as a course of conduct that they engage in alone).
	Subsection (5) provides that the foreign power condition is also made out if a person intends their conduct to benefit a foreign power.
	Subsection (6) provides that is not necessary to identify a particular foreign power that the person intends to benefit. This provision is intended to cover cases where a person engages in conduct with the intention that a foreign power will benefit but has not determined the particular foreign power; for example, a person who engages in conduct with the intention that they will obtain future payment from any foreign power that is willing to provide payment.
	A person may intend to benefit a foreign power even if their conduct is motivated by financial gain, or a desire to cause harm to the UK as a result of a grievance. Provided that the person is aware that their conduct will benefit the foreign power and chooses to engage in that conduct with this knowledge, the test will be met.
	Subsection (7) is intended to confirm that the foreign power condition can be met in relation to conduct that is engaged in by officers and employees of the foreign power, in addition to persons who are not part of the foreign power.