Regulation 4 Exemption: government administrative and technical services

(1)

Section 65(4) of the National Security Act 2023 does not apply to the extent that an arrangement or agreement is one pursuant to which a foreign power directs a person (“P”) to carry out any activity which is reasonably necessary to facilitate the provision, to P or to another person on whose behalf P is acting, of a service—

(a)

to which paragraph (2), (3) or (4) applies, and

(b)

which P, or the person on whose behalf P is acting, cannot reasonably obtain from any person except the foreign power.

(2)

This paragraph applies to the provision, by or on behalf of the foreign power, of any of the following services—

(a)

issuing a passport or other travel document to a national of the country or territory of the foreign power, or amending, extending or renewing such a document,

(b)

issuing an appropriate document to a person wishing to travel to the country or territory of the foreign power, or amending, extending or renewing such a document,

(c)

acting as a notary, including preparing any certificate or declaration,

(d)

acting as a civil registrar, including registering a birth, death or marriage,

(e)

making a search for, or obtaining a copy of, an entry or record in a register or archive held by or on behalf of the foreign power,

(f)

administering, safeguarding or arranging the transmission of all or part of a deceased person’s estate or proceeds from that estate,

(g)

administrative services in connection with legal proceedings in the United Kingdom, including effecting service of a document or providing evidence of service,

(h)

transmitting or executing judicial or similar documents requesting assistance in obtaining evidence for use in legal proceedings in the country or territory of the foreign power,

(i)

providing or arranging appropriate representation for a person who is detained or becomes a defendant or respondent in legal proceedings in the United Kingdom,

(j)

administrative services in connection with shipping or aircraft, including examining or stamping papers,

(k)

arranging or carrying out investigations into incidents on a voyage or flight or settlements of disputes involving the crew of a ship or aircraft,

(l)

arranging for the repatriation of a person, or of human remains, to the country or territory of the foreign power,

(m)

providing or arranging for the provision of assistance to meet the needs of a person affected by emergency circumstances, including crime, loss or damage to property, serious injury or serious illness,

(n)

arranging travel or care for children or other persons lacking full capacity, or

(o)

any other administrative or technical service which is reasonably necessary to assist a national of the country or territory of the foreign power and is directly related to the exercise of a consular function within Article 5 of the Vienna Convention on Consular Relations, as set out in Schedule 1 to the Consular Relations Act 1968^f1.

(3)

This paragraph applies to the provision, by or on behalf of the foreign power, of any other advice or assistance which is directly related to the making of an application to enter, stay in, or obtain nationality or citizenship of the country or territory of the foreign power.

(4)

This paragraph applies to the provision, by or on behalf of the foreign power, of advice or assistance which is directly related to any of the following—

(a)

payment of any tax owed to the foreign power or otherwise payable in the country or territory of the foreign power;

(b)

compliance with any other legal requirements relating to such tax;

(c)

assessment of a person’s liability to pay, or eligibility for exemption from paying, such tax;

(d)

assessment of the amount of such tax or exemption.

Annotations

Footnotes

f1: 1968 c. 18.