Complying with the National Security Act 2023

Complying with the National Security Act 2023

How Can Security Professionals Comply With the National Security Act 2023?

Workers in the security industry, including those who work in private investigation, close protection, or advise on corporate security and risk, are attractive targets for foreign powers to act as their proxies due to their specialist skillsets and their line of work often giving them access to valuable information or close proximity to individuals of interest. So, security professionals have much on their plate regarding complying with the National Security Act 2023.

It’s all about understanding the nuances of identifying state threats and scrutinising who you’re working for. Are you aware of the implications of not registering foreign engagements under the Foreign Influence Registration Scheme (FIRS)? Staying updated with resources from MI5 and the National Protective Security Authority is essential. But how do you balance all these responsibilities while ensuring you don’t miss a critical detail? Let’s explore this further to enhance your compliance strategy.

Working in private security is vital, but foreign states are increasingly looking to the industry as a tool to carry out their dirty work – to degrade our security, undermine our values and damage our livelihoods.

I urge security professionals to take caution to protect the UK and themselves by fully checking and understanding who they are working for. If they don’t, they seriously risk breaking the law and aiding states who seek nothing more than to harm this country and who have no concern for the individuals they employ.

The threats malign actors pose to our country are expanding, in scale and scope. We must adapt with them, and the private security sector has a pivotal role to play in shutting them out of the UK, to which I thank them.

UK Security Minister Dan Jarvis

20 January 2025

What are state threats?

State threats involve actions by foreign governments targeting the UK’s safety and interests without resorting to armed conflict. As a security professional, you must know that these threats can manifest through espionage, sabotage of critical infrastructure, or harassment of political dissidents. Protecting sensitive government, research, or business information is vital in safeguarding against such covert or overt activities.

Dissidents

Although dissidents often find themselves on the frontline of state threats, it is vital to understand how these threats manifest. State actors are vested in gathering information about individuals or organisations that criticise their regime or pose a perceived risk to their stability. As a security professional, you must recognise that these actors might use your services to further their objectives.

State threats can manifest in various forms, including gathering intelligence on dissidents’ daily routines, associations, and potential vulnerabilities. Malicious actors may leverage such information to intimidate, harass, or even orchestrate serious physical threats, including assassinations. The risk of persecution underscores the significance of conducting thorough due diligence on your clients to guarantee they’re not affiliated with foreign powers seeking to exploit your services for malign purposes.

Your role is pivotal in identifying and mitigating these threats. By being vigilant about state threat activities and learning to recognise the signs, you play a crucial part in hardening society against these threats. Your efforts in protecting dissidents safeguard individual lives and uphold the values of freedom and democracy.

Sensitive government, research or business information

Recognising the importance of safeguarding dissidents doesn’t stop at individuals alone; it extends to protecting sensitive information that state actors might target. As a security professional, you are essential in protecting the UK’s government, research, and business sectors. State actors often seek this sensitive information from national and devolved governments, strategic industries, and academia to gain the upper hand, whether enhancing their technological or military capabilities or obtaining non-public political or diplomatic insights.

Your vigilance is significant in identifying and mitigating these threats. Start by conducting thorough due diligence on your clients. This process involves verifying their identity, investigating their background, and assessing their potential connections to foreign powers. Always be on the lookout for signs of state threat activities. By recognising these, you can act swiftly to prevent any information leakage.

Additionally, spreading awareness within your sector about the National Security Act 2023 and the importance of compliance is not just a suggestion, it’s a responsibility. By sharing knowledge, you help build a resilient society capable of withstanding state threats and safeguarding sensitive information from those who would misuse it.

Critical infrastructure

State threats pose significant risks to national security in the domain of critical infrastructure. State actors often target assets and services to harm the UK or identify vulnerabilities for future exploitation. As a security professional, you must be aware that tactics include gathering information about critical systems’ design, configuration, and operation. These actors aim to gain technical access or control over supply chains through investment or monopolisation.

Your role involves being vigilant and conducting thorough due diligence on your clients. Confirm you know who they are and whether they’re linked to a foreign power. This step is essential to avoid inadvertently contributing to activities that could compromise national security. Always assess whether your services might be appealing to those with malicious intent.

Sharing your knowledge about potential threats and the importance of compliance with the National Security Act 2023 is imperative. Educate your colleagues and clients about the signs of state threats and the importance of protecting critical infrastructure. Doing so helps harden society against these threats and supports national security efforts. Stay informed and proactive in safeguarding the assets and systems fundamental to the nation’s well-being.

The National Security Act 2023

Under the National Security Act 2023, you must register under the Foreign Influence Registration Scheme (FIRS) if you work with foreign entities. This scheme aims to increase transparency about the influence of foreign powers in the UK. As a security professional, understanding and complying with FIRS is essential to avoid potential legal issues.

The Foreign Influence Registration Scheme (FIRS)

When the National Security Act 2023 was enacted, it introduced the Foreign Influence Registration Scheme (FIRS) to enhance transparency in UK politics. As a security professional, you must understand this scheme because it aims to bring greater openness to foreign power influence in UK democracy. FIRS requires the registration of arrangements that involve political influence activities directed by foreign powers. Registration is imperative for identifying and managing the threats posed by foreign entities that might compromise UK safety and interests.

FIRS has an enhanced tier allowing the Secretary of State to demand registration of a broader range of activities. The enhanced tier applies to specified countries or foreign government-controlled entities where necessary. The Secretary of State’s role is to ensure that all potentially risky activities are registered, thereby protecting the UK’s safety and interests more effectively. It’s essential to remain compliant using the online portal for these registrations. Remember, registering an arrangement doesn’t imply it’s illegitimate or illegal, and activities are not required to cease once registered.

Security professionals must stay informed about the detailed guidance that the government will provide before the scheme is fully implemented. Vigilance and due diligence are key to safeguarding against state threats.

Do you know who you’re working for?

How often do you genuinely know who you’re working for? In the security sector, this question is essential. The National Security Act 2023 emphasises the importance of identifying your clients thoroughly. Without knowing their true identity, you might inadvertently support state actors intent on malign activities within the UK. Even inadvertent aid to malicious state actors could lead to serious legal consequences under the new legislation.

To safeguard against this, you need to be vigilant. Recognise the signs of state threats and conduct rigorous due diligence. Start by verifying your client’s identity and investigating whether they have connections to foreign powers. This vigilance isn’t just about protecting yourself; it’s about fortifying our society against potential threats.

Moreover, sharing this awareness is critical. Inform others in your field about the importance of client verification and the implications of the National Security Act 2023. Doing so contributes to a collective defence against those exploiting security services for harmful purposes.

Further guidance

You’re probably wondering which states pose a threat and how to recognise if a state actor has approached you. It’s essential to know the steps to take if you suspect any engagement with a foreign power, even if it’s midway through a contract. We’ll guide you on identifying these risks and what actions to take to comply with the National Security Act 2023.

Which states should I be worried about?

Although the National Security Act 2023 doesn’t single out specific countries, intelligence leaders have highlighted Russia, Iran, and China as important concerns. As a security professional, you need to be aware of the growing threats from these states. MI5 and SIS have identified them as having intentions that could materially impact the safety and interests of the UK. However, don’t limit your vigilance to just these countries. The legislation is actor agnostic, meaning any foreign power’s activity that harms the UK could put you at risk of committing an offence.

You should conduct thorough due diligence on your clients, regardless of their origin. Establishing who they are and whether they might be linked to any foreign powers is essential. This proactive approach will help you navigate the National Security Act 2023 complexities. Once it comes into effect, register with the Foreign Influence Registration Scheme (FIRS) to ensure compliance with the law.

How will I know that a state actor has approached me?

How can you spot if a state actor has approached you? It’s vital to be vigilant, especially since state actors often operate covertly. Start by scrutinising your client’s background. Their background could be a red flag if they’re based overseas or linked to a public sector or arm’s length body. State actors sometimes use intermediaries, so their direct involvement might not be obvious.

Please consider how much information your client provides about their identity or organisation. If they’ve failed to offer sufficient details despite requests, it’s a sign worth noting. You should also consider the nature of the activity they’re asking you to undertake. Does it involve gathering sensitive information on individuals or national infrastructure? If so, it might align with behaviours associated with state interests.

To protect yourself and your business, take reasonable precautions to guarantee you’re not engaging in activities that could be damaging or linked to a foreign power. The goal is to reduce risk, even if you can’t eliminate it. By asking the right questions and conducting thorough due diligence, you’ll be better positioned to identify potential state actors.

What should I do if I think a state has approached me?

So, what should you do if you suspect a state actor has approached you? First, don’t panic. Your vigilance is important in protecting national security. Start by conducting thorough due diligence on the client and their requirements. If this process raises suspicions about state involvement, it’s critical to report it confidentially. You can call the Anti-Terrorism Hotline at 0800 789 321 or report online at gov.uk/ACT. Remember, Counter Terrorism Policing is responsible for addressing threats from hostile states.

If the approach involves activities that could threaten life, such as gathering information on a dissident’s movements, you should report it immediately by calling 999 or 101. Reporting guarantees authorities can take prompt action to prevent any potential harm.

As you navigate these situations, keep informed about the upcoming Foreign Influence Registration Scheme (FIRS). More guidance will be available soon to help you understand whether you need to register your activities under this scheme. By staying alert and taking the appropriate steps, you play a significant role in safeguarding against state threats and guaranteeing compliance with the National Security Act 2023.

What if I realise halfway through a contract that I have been working for a foreign power?

Discovering midway through a contract that you’re working for a foreign power can be unsettling, but it’s vital to act swiftly. First, immediately halt any sensitive work and reassess your client’s background. It’s important to report your suspicions to the relevant authorities, as failing to do so could potentially lead to legal consequences under the National Security Act 2023. Remember, reporting doesn’t absolve you of your responsibilities, but it’s a necessary step to protect yourself and your business.

Conduct due diligence before proceeding further. Verify your client’s identity and investigate links to foreign powers. By doing so, you’ll safeguard against inadvertently supporting malign activities. Share your findings with colleagues in your sector, raising awareness about potential threats and the importance of vigilance.

Also, consult legal counsel to navigate any implications for your business. They can provide guidance on compliance and help you mitigate risks. The National Security Act 2023 emphasises the need for security professionals to be proactive, so make sure your business practices align with legal requirements. Ultimately, staying informed and cautious protects your interests and contributes to hardening society against state threats.

External resources

When traversing the complexities of the National Security Act 2023, it’s crucial to access reliable resources and guidance. Please start with the MI5 website, which provides in-depth information on state threats and the behaviours they aim to counter. Regularly check the news section for updates, including speeches from the head of MI5, to stay informed on evolving threats.

Next, visit GOV.UK, where you’ll find detailed factsheets about the legislation, including specifics on the Foreign Influence Registration Scheme. If you’re unsure whether this act applies to your business activities, consult these official documents first. They offer clarity and help guarantee your compliance.

The National Protective Security Authority’s threat page is another critical resource. It overviews state threats to businesses and offers guidance on protecting your operations from hostile activities. Use this information to review your risk assessments and update your security policies accordingly.

Incorporating these resources into your professional routine can help you stay vigilant, perform thorough due diligence, and spread awareness across your sector. Together, we can strengthen our society against state threats.

The National Security Act 2023 Example Scenarios

When navigating the complexities of the National Security Act 2023, you must remember that it introduces stringent measures to protect national interests. Imagine you’re a private investigator, close protection operative, or security consultant facing scenarios where the line between legal compliance and unintentional breaches blurs. How do you ensure ethical responsibility while avoiding severe consequences? Understanding these challenges might be the key to safeguarding your career and reputation!

Scenario 1 – Private investigator

When working as a private investigator, it’s crucial to understand the legal boundaries you must operate within, especially under the new National Security Act 2023.

Say you are approached to collect personal information on an individual of interest’s home address, pattern of life and associates. The individual is a well-known dissident from China. Furthermore, you are aware of reporting in the press which implicates the Chinese intelligence services in the surveillance of dissidents, including the individual in question, and the client refuses to explain why they need the information.

Gathering personal information about a well-known Chinese dissident without a clear purpose can lead to serious legal consequences. If you provide such information, knowing it might help foreign intelligence services, you risk breaching the act as you know, or at least ought reasonably to know, that it could assist a foreign intelligence service in carrying out UK-related activity.

This legislation aims to prevent espionage and protect national security. Always ensure clients have legitimate reasons for their requests.

If in doubt, refuse the task or seek legal advice to avoid complicity in activities threatening UK security.

Stay informed, stay compliant.

Scenario 2 – Close protection operative

Close protection is critical for personal security, requiring discretion, vigilance and ethical responsibility.

Suppose a bodyguard provides close protection for the owner of a prominent defence contractor. When an individual (Person A) approaches them and offers a sizeable payment to report back conversations they have heard regarding current contracts their client is working on. The bodyguard accepts and begins sharing sensitive information.

Of course, the bodyguard’s behaviour is highly unethical. In addition, A claims to work for a commercial competitor, but the security “professional” cannot find any details of the company online and forms the opinion that A is working on behalf of a foreign state. The bodyguard knows, or at least ought reasonably to know, that the provision of this sensitive information could give another state a strategic advantage in UK defence activity. So, apart from totally lacking integrity, the bodyguard is in breach of the National Security Act 2023, has risked national security and is likely to face severe legal repercussions.

Stay alert, uphold your duty, and protect your client’s confidentiality at all costs.

Scenario 3 – Security consultant

Imagine a scenario in which a foreign government asks your company to consult on a building project and requests insights into measures to protect UK government buildings. Suppose your company provides this UK government information to the foreign government. In that case, they are committing an offence under the National Security Act 2023.

Sharing such sensitive information would breach the National Security Act 2023, as it strengthens laws against espionage and interference.

In Conclusion

It’s critical for security professionals to assess requests thoroughly and ensure compliance with these updated legal frameworks, protecting national security and avoiding severe consequences.

Learn more about the National Security Act

What is the Purpose of the National Security Act 2023?

The National Security Act 2023 bolsters the UK’s defences against espionage, foreign interference, and sabotage to safeguard national security. It introduces severe penalties for obtaining or disclosing protected information and trade secrets. It provides life sentences for severe espionage and sabotage acts. The Act updates regulations at sensitive locations, incorporating modern threats like drones. Police…

Read more … What is the Purpose of the National Security Act 2023?