National security

Secrets and Spies: The UK's Proposal for Foreign Agent Registration

On July 21, 2020, the Intelligence and Security Committee of Parliament published the Russia Report (the Report). The Report found that the UK was one of Russia’s “top Western intelligence targets” and that the UK government had thus far failed to investigate allegations of Russian interference, including potential involvement in the Brexit referendum. One of the underlying issues the Report identified was the lack of adequate legislative powers granted to the intelligence community. It brought attention to the Law Commission’s 2017 consultation, in relation to updating the Official Secrets Acts1, and the possibility of creating a new Espionage Act. The committee recommended the introduction of a new Espionage Act that would address the issue of “individuals acting on behalf of a foreign power and seeking to obfuscate the link”. While no details of how the UK will incorporate this recommendation, the Report made reference to the U.S. Foreign Agents Registration Act 1938 (FARA) and Australian equivalent. Given the explicit reference to FARA, it is very likely that a registration requirement for foreign agents is imminent, and the new requirement will be fashioned on the U.S. legislative framework. Additionally, the report highlighted the importance of updating the Computer Misuse Act, and encouraged the use of tools such as unexplained wealth orders to eliminate the proceeds of crime infiltrating the UK’s economic system.