The law No. 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernization of the economy, called “Sapin II law”, provides a legal framework to fight corruption.
1. Recommendations of the French Anticorruption Agency (“AFA”)1
Since its creation, the AFA opened a public consultation on the three following draft recommendations intended for companies required to implement the Sapin II law:
• the preparation of a risk mapping (definition and objectives of the risk mapping, features, six-step methodology);
• the implementation of an anticorruption code of conduct (content, scope of application, forms, articulation with internal rules, update);
• the implementation of an internal whistleblowing system (objectives, articulation with legal provisions applicable to whistleblowers, operational implementation).
2. AFA’s next recommendations
The AFA provides for the elaboration of a second set of recommendations that will be made public in November 2017. This second set will include:
• counterparty due diligence procedures;
• accounting control procedures;
• the implementation of training programs;
• the control and assessment of anticorruption measures implemented.
The AFA further indicates that “this second publication will provide […] precisions on the perimeter of article 17 as well as on the application of the anticorruption tool-kit for organizations with limited human and material resources”. This public consultation will end within a month of the second publication [November 2017].
3. First information requests by the AFA
On 10 October 2017, the director of the AFA issued “mission statements identifying the first companies subject to a control of the AFA on the implementation of an anticorruption compliance program defined by the [Sapin II] law”. These first controls only concern “economic players”, the program to control public players being to be adopted by the AFA at the beginning of 2018.
4. International cooperation of the AFA
As regards international cooperation, the AFA “actively [participates] in the works of international organizations” and “may conclude cooperation agreements with foreign authorities engaged in similar missions for the prevention of corruption”. As part of these efforts, the AFA “regularly [receives] foreign delegations”.