Sapin 2 Law Against Corruption in France
Sapin 2 Law enacted in France focuses on transparency and fighting against corruption. It covers prevention, detection, and sanctions related to corruption, with provisions to strengthen legal tools, prevent and detect corruption, protect whistle-blowers, and extend the scope of French law to combat corruption committed both domestically and abroad.
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Loi Sapin 2 in France Mont Blanc Compliance Circle Luxembourg Spring Retreat March 31st, 2017 Pierre-Antoine Badoz, Orange Group Chief Compliance Officer 1
Sapin 2 Law dedicated to transparency and to the fight against corruption Law 2016-1691 Adopted on November 8, enacted on December 9, 2016 after the ruling of the Conseil Constitutionnel (French supreme court) Provisions related to the fight against corruption : prevention, detection & sanctions : Reinforcement of the legal tools to fight corruption Procedures to prevent and detect corruption Convention Judiciaire d Int r tPublic Whistle-blowers protection 2
Reinforcement of the legal tools to fight corruption Enlarged scope of applicability of French law in cases of corruption committed in France or abroad: By a French citizen By a company which has, at least, part of its economic activities in France Even if these acts are not punished by the country in which they are committed In case of complicity in France 3
Reinforcement of the legal tools to fight corruption (2) Creation of the Agence Fran aise Anticorruption ( French Agency against Corruption ) which : Publishes Anticorruption guidelines Controls the implementation of compliance programs Monitors the obligation to comply ( mise en conformit ) AFA : Created on 23rd March 2017 headed by M. Charles Duchaine Staff of 70 Annual budget between 10 and 15 M 4
Protection of whistle-blowers (art. 6 to 16 of Sapin 2 Law) A whistle-blower is a person who reveals, without reward and in good faith, a crime or an offence, a serious and clear violation of an international obligation [ ] of France, of a law or a regulation, or a serious threat to common interests, of which he/she was aware une personne physique qui r v le ou signale de mani re d sint ress e et de bonne foi, un crime ou un d lit, une violation grave et manifeste d un engagement international, [ ], de la loi ou du r glement, ou une menace ou un pr judice graves pour l int r t g n ral, dont elle a eu personnellement connaissance Appropriate whistle-blowing mechanism Strict confidentiality (in case of breach: 2 years, 30 000 ) Whistle-blowers protection against sanctions, dismissal or discriminatory measures Obstacle to alerting (1 year, 15 000 ) ; defamation (30 000 ) 5
Procedures to prevent bribery and corruption Chairmen and CEO of companies > 500 employees &100 M turnover have to implement procedures to prevent and detect acts of corruption and influence peddling, in France and abroad: 1) Code of conduct integrated to the internal regulation( r glement int rieur ) 2) Internal whistle-blowing mechanism 3) Corruption risk mapping 4) Third party due diligence for customers, suppliers and intermediaries 5) Accounting controls to ensure that B&R do not conceal corruption acts 6) Anticorruption training 7) Internal sanction policy (in case of violation of the code of conduct) 8) Internal control & evaluation procedure 6
The Convention Judiciaire dIntrtPublic (art. 22 of Sapin 2 Law) The public prosecutor may propose to a company under investigation to agree and sign a convention judiciaire d int r t public ( public interest judicial convention ): Recognition of the fact without admitting guilt Fine of up to 30% of turnover (+ expenses and damage repairs ) Strengthening of its compliance program monitored by Agence Fran aise Anti-corruption during up to 3 years Individuals involved remain liable Convention has to be validated by the judge Publishing of the convention and of the amount of the fine 7
ANNEX - Duty of Care Law / Loi sur le devoir de vigilance Adopted on February 21st 2017 Requires large companies (> 5 000 employees in France) to build a plan to prevent serious infringments of human rights and fundamental freedom, or damages in health and security as well as environment from suppliers abroad with which they have a lasting commercial relation pr venir les atteintes graves envers les droits humains et les libert s fondamentales, la sant et la s curit des personnes, ainsi que l'environnement chez leurs sous-traitants ou fournisseurs l' tranger avec qui elles ont une relation commerciale durable 8
