Page:Foreign Interference (Countermeasures) Act 2021.pdf/26

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(f) a foreign public enterprise; or

(g) a foreign business;

“foreign public enterprise” means an entity that is related in one or more of the following ways, to a foreign principal which is a foreign government or a foreign political organisation:

(a) if the entity is a body corporate—one or both of the following apply:

(i) the directors (however described) of the body corporate are accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal;

(ii) the foreign principal is in a position to exercise, in any other way, total or substantial control over the body corporate;

(b) if the entity is an unincorporated association, a partnership or body politic—either of the following applies:

(i) the members of the executive committee or governing board of the entity are accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal;

(ii) the foreign principal is in a position to exercise, in any other way, total or substantial control over the entity;

(c) if the entity is a person other than a body politic and the foreign principal is a foreign political organisation—

(i) a director, an officer or an employee of the entity, or any part of the entity, who is required