Russian foreign agents to register in UK’s new foreign agent Scheme

The UK Foreign Influence Registration Scheme (FIRS or the “Scheme”) is set to be implemented starting July 1, 2025. The Scheme is intended to increase transparency of activity by persons “at the instruction of a foreign state or certain foreign state‑controlled organisations.”

The Scheme distinguishes two types of activities. The first is the political influence tier that implies activity in political influence activities in the UK (which in itself is not forbidden) and requires registration within 28 days from the day of the relevant arrangement with a foreign state.

Second is the enhanced tier which includes a much broader array of activity, including, among others, commercial activities, research activities and the provision of goods and services. At the same time, registration of such activity is required only in respect to specified foreign powers. The current list of such powers includes only two states – Iran and Russia. Some sources believe that in the foreseeable future China could also be included in this list. Engaging in such activity requires registration within 10 days starting from the day of the arrangement with the foreign state “and prior to any activities pursuant to the arrangement being carried out.”

Information on the Scheme is posted on the UK Government site in the National security section. One of the FIRS guidances on the enhanced tier gives the following example:

“A UK firm selling medical technology receives an order from a specified foreign power from Country A for the purchase of ventilators for state-run hospitals in country A. The firm is required to register within 10 days of receiving the order, and prior to shipping the ventilators.

“Employees (and any subcontractors) of the firm that are involved in processing the order should also check that the firm has registered prior to carrying out any tasks related to the order.”

Violating the procedure if activity falls under the enhanced tier could result in a jail term of up to 5 years and/or a fine.

In respect to Russia, a separate guidance is posted, giving additional explanations. In particular, Chapter 3: Specified Russian foreign powers and foreign power-controlled entities provides a list specifying the Russian foreign powers and foreign power-controlled entities the arrangements with which fall under the FIRS registration requirement.

At the same time, the guidance states that if an arrangement with a civil servant does not concern civil service as such, but rather “e.g. if they are separately the trustee of a charity,” such arrangement is not subject to registration under the Scheme.

A “person” who might need to register in the Scheme is defined as “[a]n individual or other person who is not an individual, such as a company.” At the same time, a non-Brit could also be such a “person.” One example describes a situation where a “director of a Russian tech company” participates in a conference in the UK and on direction of the President of Russia takes notes regarding the conference and people attending it. Such an arrangement requires registration in the Scheme within 10 days, and until then the director cannot attend the conference and take notes.

FIRS does stipulate some persons who are not subject to the general rules. Among them are diplomats and their family members, lawyers providing legal services to foreign powers, e.g. if they are representing foreign governments in a court case against the UK Government and certain technical services specialists.

It is planned that once FIRS takes effect, online registration will be available and it will be free of charge. Information will be kept in the public register for 10 years from the date a registered arrangement ends. If an end date is not indicated, the information will be kept in the register indefinitely.

Guidance also indicates cases where publication could fall under an exception. This concerns, among others, cases where publication could prejudice safety or a criminal investigation or would involve disclosure of commercially sensitive information.