Part 1Espionage, sabotage and persons acting for foreign powers

Foreign power condition and foreign power threat activity

I1I233Foreign power threat activity and involvement in that activity

1

In this Part references to foreign power threat activity and to involvement in foreign power threat activity are to one or more of the following—

a

the commission, preparation or instigation of acts or threats within subsection (3);

b

conduct which facilitates (or is intended to facilitate) conduct falling within paragraph (a);

c

conduct which gives support or assistance to a person (“P”), where the person who engages in the conduct—

i

knows or believes P to be involved in, and

ii

engages in the conduct for the purpose of giving support or assistance to,

conduct falling within paragraph (a).

2

It is immaterial whether the activity within subsection (1) relates to specific acts or threats within subsection (3), or to acts or threats within that subsection in general.

3

References to acts or threats within this subsection are to—

a

acts which constitute an offence under—

i

section 1 (obtaining or disclosing protected information);

ii

section 2 (obtaining or disclosing trade secrets);

iii

section 3 (assisting a foreign intelligence service);

iv

section 4 (entering etc. a prohibited place for a purpose prejudicial to the UK);

v

section 12 (sabotage);

vi

section 13 (foreign interference: general);

vii

section 17(1) (obtaining material benefits from a foreign intelligence service);

b

acts within subsection (4) in relation to which the foreign power condition is met;

c

threats to carry out acts within subsection (4), where the foreign power condition is met in relation to the threats.

4

Acts are within this subsection if they—

a

involve serious violence against another person,

b

endanger the life of another person, or

c

create a serious risk to the health or safety of the public or a section of the public.