UK Foreign Influence Registration Scheme (FIRS)

Guidance for the UK Foreign Influence Registration Scheme (FIRS)

The Foreign Influence Registration Scheme (FIRS) is a regulatory measure introduced under the UK's National Security Act 2023. It aims to increase transparency regarding foreign influence within the UK by mandating the registration of certain activities influenced by foreign governments or entities. The scheme is not yet in force and the following is pre-emptive guidance which provides an overview of FIRS and lays out practical compliance steps. It is provided to provide early advice on the scheme and allow staff to prepare. Please note that some of the below may be subject to change.

What is FIRS?

FIRS is a two-tiered scheme designed to monitor foreign influence by:

1. requiring the registration of arrangements between a UK party and a foreign power to carry out political influence activities in the UK at the direction of said foreign power (this is addressed in the political influence tier), and
2.  the registration of a broader range of activities for specified countries, parts of countries or foreign government-controlled entities where the government sees a threat to the safety of interests of the UK (the enhanced tier).

The responsibility for registration can fall on both institutions and individuals. Where the University makes an arrangement with a foreign power, the registration requirement falls on the University, but where an arrangement is made by an individual researcher or academic the legal responsibility to register lies with that individual. Noncompliance is a criminal offence and may result in fines or imprisonment.

Key Definitions

Arrangement: An arrangement is any type of agreement, whether formal or informal, to carry out activities in the UK. An arrangement can include contracts, MoUs, an order (or similar) of a good or service to be followed up with a bill or invoice, an informal quid pro-quo agreement.

Direction: A “direction” is an order or instruction to act to which a person is obliged or compelled, whether formally or informally, to comply. This could also take the form of a request, if there is a power relationship between the person and the foreign power which adds an element of control or expectation, for example through a contract, payment, coercion or the promise of future compensation or favourable treatment.

Foreign Power: A foreign power is defined as any of the following:

1. the sovereign or other head of a foreign State;
2. a foreign government, or part of a foreign government (for example, a ministry or department of a foreign government);
3. an agency or authority of a foreign government, or of part of a foreign government,
4. 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);
5. a political party which is a governing political party of a foreign government.

Political Influence Activities: To meet the definition of a ‘political influence activity’ an activity must meet both of the following criteria:

1. The activity must be carried out in the UK and be one of the following:

• A communication (e.g. emails, letters or meetings) to a senior public official or politician.
• A publication, except where it is reasonably clear that it is made at the direction of a foreign power.
• The provision of money, goods or services to an individual or entity in the UK (for example, providing consultancy services to a UK business).

2. The purpose, or one of the purposes of the activity must be to influence one of the following:

• An election or referendum in the UK;
• 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).

Political Influence Tier

The Political Influence Tier applies to arrangements to carry out political influence activities in the UK at the direction of any foreign power, with the exception of the Republic of Ireland.

There is a requirement to register with the scheme under the political influence tier if all of these four conditions are met:

1. A person makes an arrangement (whether formal or informal) with a “foreign power”.
2. The arrangement involves a “direction” from the foreign power.
3. The direction is to carry out “political influence activities” in the UK (whether by the registrant, or with or through someone else).
4. That no exemptions apply to the arrangement or activities.

The registration needs to be made within 28 days of entering the arrangement.

Examples of registerable activities could include:

• Communications with senior civil servants and ministers in the Department for Education which seek to influence education policy;
• Appearance at Select Committees and other parliamentary activities which provide information seeking to influence MPs or peers;
• The publication of an article which encourages support for a Private Members Bill, without stating that the publication was directed by a foreign power;
• The presentation of research outcomes and associated policy proposals to senior civil servants.

Enhanced Tier

Under the Enhanced Tier government may specify specific foreign powers or entities. Registration will be required for arrangements to carry out ‘relevant activities’ at the direction of these specified powers and entities.

‘Relevant activities’ are, by default, all activities in the UK and activities which take place abroad, but have effect in the UK (e.g. an email or social media post sent or posted by an individual overseas but targeted at individual in the UK). In some cases the Secretary of State may limit what constitutes ‘relevant activities’ for a specific power or entity.  

There is a requirement to register with the scheme under the enhanced tier if these four conditions are met:

1. A person makes an arrangement (whether formal or informal) with a specified foreign power or entity.
2. That arrangement involves a “direction” from the specified foreign power or entity.
3. The direction is to carry out “relevant activities” in the UK (whether by the registrant themself, or with or through someone else).
4. That no exemptions apply to the arrangement or activities.

The registration needs to be made within 10 days of entering the arrangement.

Examples of registerable activities could include:

• Hosting an event or conference in the UK at the direction of a specified foreign power or specified foreign power-controlled entity;
• Undertaking a research project directed by a specified foreign power or or specified foreign power-controlled entity;
• Sending information from the UK to a specified foreign power or specified foreign power-controlled entity.

Exemptions

There are several exemptions to the registration requirement, with the most relevant exemption for the Higher Education sector being the “UK arrangement” exemption. If the United Kingdom government is a party to an arrangement with a foreign power the arrangement does not need to be registered under FIRS. This includes arrangements where any individual acting on behalf of the Crown (for example, a civil servant), or any entity which holds crown status, are a party.

Please note that the exemption does not apply to public bodies without crown status (e.g. UKRI, Research England or any of the Research Councils) are a party in the arrangement.

Material Changes

The arrangement will be placed on a public register. Registrants will be required to update their registration within 14 days when there is a material change to the arrangement and to comply with information notices from Government. 

The following constitute a material change:

• A change in the end date of the activities (for example, where a project which is registerable gets extended)
• New researchers or academics becoming involved in registerable activities, where they are external to the organisation which has registered;
• New activities to be carried out under an existing arrangement, where those activities are also registerable under FIRS.

How could this affect departments and staff?

Activities within a university setting involving foreign institutions may fall within scope of FIRS, particularly if they involve direct or indirect political influence.

Key scenarios include:

• Research Collaborations:
  If collaborations involve advocating policy changes or engaging UK officials, they may require registration.
• Foreign Funding:
  Research funded by foreign governments that influences UK politics could trigger registration requirements.
• Public Engagement:
  Articles, talks, or events directed by foreign entities aimed at influencing UK public opinion or policies may need to be registered.