communicated to a person outside the United Kingdom

1. 56(a) made to a person who receives it outside the United Kingdom; or
1. (b) directed only at persons outside the United Kingdom.

In this definition:

1. (c) If the conditions set out in (f)(i), (ii), (iii) and (iv) are met, a financial promotion directed from a place inside the United Kingdom will be regarded as directed only at persons outside the United Kingdom.
1. (d) If the conditions set out in (f)(iii) and (iv) are met, a financial promotion directed from a place outside the United Kingdom will be regarded as directed only at persons outside the United Kingdom.
1. (e) In any other case in which one or more of the conditions in (f)(i) to (v) is met, that fact will be taken into account in determining whether a financial promotion is directed only at persons outside the United Kingdom (but a financial promotion may still be regarded as directed only at persons outside the United Kingdom even if none of these conditions is met).
1. (f) The conditions are that:
   1. (i) the financial promotion is accompanied by an indication that it is directed only at persons outside the United Kingdom;
   1. (ii) the financial promotion is accompanied by an indication that it must not be acted upon by persons in the United Kingdom;
   1. (iii) the financial promotion is not referred to in, or directly accessible from, any other financial promotion which is made to a person or directed at persons in the United Kingdom by the same communicator;
   1. (iv) there are in place proper systems and procedures to prevent recipients in the United Kingdom (other than those to whom the financial promotion might otherwise lawfully have been made) engaging in the investment activity to which the financial promotion relates with the person directing the financial promotion, a close relative of his or a member of the same group;
   1. (v) the financial promotion is included in:
      1. (A) a website, newspaper, journal, magazine or periodical publication which is principally accessed in or intended for a market outside the United Kingdom;
      1. (B) a radio or television broadcast or teletext service transmitted principally for reception outside the United Kingdom.