|France will create a National Agency for the Detection and Prevention of Corruption to monitor the implementation of internal procedures to prevent bribery by requested companies and provide appropriate assistance to persons reporting corruption.|
Themes: Whistleblower/civil society space protection
Last updated: October 2019
Concrete: Concrete | New: Not New | Ambitious: Ambitious
To prevent and detect corruption, the Sapin 2 law established a new anti-corruption agency (AFA) provided with enhanced capacities and replacing the Service Central de Prévention de la Corruption. Since june 2017, companies of specific sizes (over 500 employees with annual gross revenue exceeding €100 million) have to implement a compliance program (code of business ethics, compliance officer, risk assessment, training, whistleblowing systems, etc.). A new offense for non-compliance has also been created. Operating under the authority of the French Minister of Justice and Minister of Budget, the new AFA has both investigative and supervisory or monitoring powers, as well as the power to impose administrative sanctions in relation to compliance programmes (an injunction to adapt the programme within a certain period of time, a maximum fine of €200,000 for individuals and €1 million for legal entities and the publication of the decision).The new institution will publish recommendations on prevention and detection of corruption for public and private actors, as well as a national plan for the prevention of corruption. It will also provide support to state administrations and local and regional authorities in preventing and assisting in the detection of corruption. In addition, it monitors compliance measures taken by large enterprises and has the power to impose sanctions.Despite such progress, independence of the anti-corruption agency should be fully ensured to guarantee the credibility of this new anti-corruption system.