§ 5 — Engaging in conduct, etc., on behalf of foreign principal

5.—(1) In this Act, unless the context otherwise requires, a person undertakes an activity or engages in conduct on behalf of a foreign principal if —(a)

the person undertakes the activity or engages in that conduct —(i)

under an arrangement with the foreign principal;

(ii)

in the service of the foreign principal;

(iii)

on the order or at the request of the foreign principal;

(iv)

under the control, direction or supervision of the foreign principal;

(v)

with funding from the foreign principal; or

(vi)

in collaboration with the foreign principal; and

(b)

at the time the arrangement or service is entered into, or the order, request or direction is made, or the funding, supervision or collaboration is carried out, both the person and the foreign principal knew or expected that the person would or might undertake the activity or engage in that conduct.

(2) For the purposes of subsection (1), it does not matter whether consideration is payable.

(3) Without limiting subsection (1), a person undertakes an activity or engages in conduct on behalf of a foreign principal if both the person and the foreign principal knew or expected that the person would or might undertake that activity or engage in that conduct.

—(1) In this Act, unless the context otherwise requires, a person undertakes an activity or engages in conduct on behalf of a foreign principal if —(a)

the person undertakes the activity or engages in that conduct —(i)

under an arrangement with the foreign principal;

(ii)

in the service of the foreign principal;

(iii)

on the order or at the request of the foreign principal;

(iv)

under the control, direction or supervision of the foreign principal;

(v)

with funding from the foreign principal; or

(vi)

in collaboration with the foreign principal; and

(b)

at the time the arrangement or service is entered into, or the order, request or direction is made, or the funding, supervision or collaboration is carried out, both the person and the foreign principal knew or expected that the person would or might undertake the activity or engage in that conduct.

(2) For the purposes of subsection (1), it does not matter whether consideration is payable.

(3) Without limiting subsection (1), a person undertakes an activity or engages in conduct on behalf of a foreign principal if both the person and the foreign principal knew or expected that the person would or might undertake that activity or engage in that conduct.