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Get to Know Us. One of the main new legal tools set out by the Sapin II Law has established an off-setting agreement inspired by the deferred prosecution in United States called judicial convention of public interest or penal transaction. This off-setting agreement provided for in Article 22 of the Sapin II Law can be proposed by a public prosecutor or the investigating judge to companies that are under investigation. However, it seems possible that it could also be made following self-reporting.
Anti-corruption & Bribery in France
The procurator may propose that the legal person conclude an agreement containing one or more of the following obligations: Before entering into force, this off-setting agreement must be validated by a judge. The validation order does not qualify as a conviction and does not produce the effects of a conviction judgment. This off-setting agreement does not prohibit action against directors. Further, it does not seem to obstruct the prosecution and conviction of a company for the same acts by foreign authorities.
This risk must be considered because of the publicity of the agreement, which is the subject of a press release and the publication of the validation order on the French Anti-corruption Agency website. The company will then have to assess the possible consequences in other countries before concluding an off-setting agreement. On October 30 , in a case involving HSBC, a precedent was set in respect of the implementation of the public interest agreement:.
This complementary penalty should lead companies to consider voluntary self-disclosure or subsequent cooperation in exchange for a more lenient fine. Are any types of payment procedure exempt from liability under the corruption regulations in your jurisdiction? There are no general defences in French regulations on corruption. However, the defendant can challenge the material element of the offence and the intent of committing the offence. Article of the Criminal Code requires the intent of the defendant as a legal basis for the conviction. Another defence that can be used by companies is that the bribe was not made by an organisation or representative of the company, since such condition is required by the law.
Contrary to the UK Bribery Act, there is no such defence for companies as that based on the implementation of an adequate compliance programme. However, the French draft legislation foresees the possibility of imposing an obligation on companies to implement a compliance programme. It is unclear whether these criteria will be alternative or cumulative. It is also unclear whether the draft legislation will contain guidelines similar to those set out by the UK Bribery Act. What compliance procedures and policies can a company put in place to assist in the creation of safe harbours? The Sapin II Law considerably improves risk management by imposing a compliance programme on all medium to large-sized companies that include guidelines similar to those of US best practice and UK Serious Fraud Office recommendations.
In that respect, companies concerned must establish the following eight preventive anti-corruption measures which constitute an anti-corruption plan:. The French Anti-corruption Agency published several guidelines in that respect in December which confirm that the implementation of a compliance programme should tailored to each organisation, starting with risk mapping. Companies should also keep in mind that due diligence and investigations should be conducted in accordance with data protection laws while processing employer personal data.
What legislation governs the requirements for record keeping and accounting in your jurisdiction? The rules for record keeping and accounting are set forth by the Commercial Code Article L and following. Article L of the Commercial Code provides that companies should keep accounting records of all transactions.
Transactions will be recorded chronologically.
They must carry out an inventory on an annual basis of all company assets and liabilities. Companies must also draw up annual accounts at the close of the financial year on the basis of the record and the inventory. These annual accounts include:. Companies should retain all accounting records and supporting documentation ie, invoices and contracts for a year period Article L The annual financial statements must be submitted to, and approved by, the shareholders and filed at the Registry of the Commercial Court to be made available to the public.
What are the requirements for companies regarding disclosure of potential violations of anti-corruption regulations? Because of cultural differences with the common law system, the French legal system is not keen on encouraging self-reporting. Similar to the United States, companies in France can report cartel activity to the French authorities in order to avoid or reduce penalties.
What penalties are available to the courts for violations of corruption laws by individuals? There is no clear guidance as to how to assess such a profit Article and of the Criminal Code. What penalties are available to the courts for violations of corruption laws by companies or organisations? The Sapin II Law introduced an additional penalty for when a company is convicted of bribery or influence peddling, which involves submitting a compliance programme under the control of the French Anti-Corruption Agency for a maximum period of five years. The company will bear all the costs of setting up such compliance.
It is a mechanism close to the monitoring which exists in US and UK legislation. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. Corruption is an increasingly widespread global problem which affects many people, governments, industry se I find the articles to be of a good quality and the topics are well researched and presented in a very user-friendly format. Share Facebook Twitter Linked In. Follow Please login to follow content. My saved default Read later Folders shared with you.
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Register now for your free, tailored, daily legal newsfeed service. France , Global October 5 Trends and climate Trends Have there been any recent changes in the enforcement of anti-corruption regulations? Legislative activity Are there plans for any changes to the law in this area? Legal framework Authorities Which authorities are responsible for investigating bribery and corruption in your jurisdiction?
The agency has a sanctions commission with various powers, including the power to: Domestic law What are the key legislative and regulatory provisions relating to bribery and corruption in your jurisdiction? The Criminal Code distinguishes between active and passive corruption: Articles and following of the Criminal Code criminalise active corruption when a person, either directly or indirectly, unlawfully induces or attempts to induce a public official to accept a bribe by proffering an offer, promise, donation, gift or reward.
Articles and following punish passive corruption, which is characterised as when a public official, either directly or indirectly, solicits a bribe by requesting or accepting without right any offer, promise, donation, gift and advantage by another person. Articles and following provide for the same rule in the private sector for commercial bribery. International conventions What international anti-corruption conventions apply in your jurisdiction? Specific offences and restrictions Offences What are the key corruption and bribery offences in your jurisdiction?
Hospitality restrictions Are specific restrictions in place regarding the provision of hospitality eg, gifts, travel expenses, meals and entertainment? Facilitation payments What are the rules relating to facilitation payments? Liability Scope of liability Can both individuals and companies be held liable under anti-corruption rules in your jurisdiction?
Translate bribe from English to French
Yes, the Criminal Code allows both individuals and companies to be convicted of corruption. Foreign companies Can foreign companies be prosecuted for corruption in your jurisdiction? In the past 15 years, there has been only one example of a conviction by the Paris Court of Appeal Total , February Consequently, the Sapin II Law has extended the extra-territorial jurisdiction of French courts.
Whistleblowing and self-reporting Whistleblowing Are whistle-blowers protected in your jurisdiction? A number of measures have been introduced to protect the whistleblower: Such whistleblowing process consists of three levels and requires the organising internal procedures for the collection of alerts: Dispute resolution and risk management Pre-court settlements Is it possible for anti-corruption cases to be settled before trial by means of plea bargaining or settlement agreements? Each party can benefit from such a public interest agreement: On October 30 , in a case involving HSBC, a precedent was set in respect of the implementation of the public interest agreement: The precedent has been used in a case that concerned tax fraud, not corruption.
HSBC has had to pay damages to the victim, which shows that the fine and damages are cumulative. Defences Are any types of payment procedure exempt from liability under the corruption regulations in your jurisdiction? No, there is no type of payment procedure exemption under French law. What other defences are available and who can qualify? Risk management What compliance procedures and policies can a company put in place to assist in the creation of safe harbours?