Compliance Perspectives: The French AFA on their Anti-Corruption Activities and Guidance ("Sapin 2 Law")
Everything Compliance-Episode 3
FCPA Compliance Report-Episode 293, Saskia Zandieh on the new French Anti-Corruption law, Sapin II
Cross-jurisdiction cooperation in the fight against international corruption and bribery is intensifying. The UK’s Serious Fraud Office (SFO), France’s National Financial Prosecutor’s Office (PNF), and Switzerland’s Office of...more
Hosted by C5 Group, the 9th Anti-Corruption Conference in Paris returns for another exciting year with curated programming that will shed light on important issues at the forefront....more
The French Anticorruption Agency ("FAA"), a national regulatory authority created by Law 2016-1691 of December 9, 2016 ("Sapin II law"), has just released its 2021 activity report. An analysis of the inspections the FAA...more
The French Law n°2016-1691 of 9 December 2016 relating to transparency, the fight against corruption, and the modernization of economic life, known as the “Sapin II” Act,1 introduced to legal entities additional compliance...more
In 2016 France adopted a new law to help combat corruption. Inspired by legislation in the US, UK and Netherlands, Article 17 of what is known as Sapin II, includes provisions requiring organizations above a certain size to...more
As compliance requirements continue to evolve in France, the guide offers focused, much-needed advice on three areas: audits as part of M&A, how and when to audit, and the outcomes. ...more
The French Anti-corruption Agency ("AFA") has published a draft "Guide on Gifts and Invitations Policies" ("Guide pratique sur les politiques cadeaux et invitations en entreprise") for corporations and non-profit...more
When Law No. 2016-1691 (Sapin II Law) created the convention judicaire d’intérêt public (CJIP), modeled after the American deferred prosecution agreement (DPA), it was feared that the existence of potentially dueling French...more
The Enforcement Committee of the French Anticorruption Agency ("FAA") handed down its first decision on July 4, 2019. The decision follows the Agency's three-month audit (October to December 2017) of the involved company's...more
France is aligning itself with the US model of corporate prosecution - The new guidelines released by both the French Anticorruption Agency ("AFA") and the National Financial Prosecution Office ("PNF") on 27 June, 2019...more
The Situation: On February 4, 2019, the French Anticorruption Agency published its much-awaited practical guide for anticorruption compliance. The Result: Through this publication, the Agency gives key guidance to company...more
The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more
Anti-Corruption enforcement is a top priority in France, the UK, and the US. Each of these countries has armed its enforcers with the enforcement tools necessary to investigate and prosecute corporations and individuals. Join...more
The Situation: The French Anti-Corruption Agency has published the questions and documentation that companies will be expected to answer and provide when inspected by the Agency. The Result: The French Anti-Corruption...more
As more countries enter into the anti-corruption enforcement world, companies face exponential risks of detection and enforcement. Recently, Deputy Attorney General Rosenstein has commented on the need to avoid unfair...more
Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more
On November 30, 2017, the Institut des Hautes Etudes sur la Justice (IHEJ) and Skadden hosted a roundtable at the Cercle de l’Union Interalliée in Paris to discuss new perspectives on the Sapin II Act and cross-border...more
In a move that could signal a new phase of government enforcement in France, on November 27, 2017, French authorities published a Convention judiciaire d’intérêt public (CJIP) with HSBC Private Bank Suisse SA (HSBC PB), the...more
The new system strengthens the French anticorruption arsenal from this year, drawing upon the US and UK regimes....more
On October 4, 2017, Skadden presented the seminar “Government Enforcement Investigations – What You Need to Know in 2018.” Skadden partners Ryan Junck and Elizabeth Robertson, both based in London, moderated the panel...more
The Group of States against Corruption of the Council of Europe (GRECO) released a report on 28 September 2017 of its assessment of the measures adopted by France to fight against corruption following the recommendations it...more
Wrong. The law Sapin II (Law 2016-1691 of 27 December 2016) has been in force for several months, but the consultation draft of the guidelines is not expected to be issued by the Agence Française Anti-corruption (AFA) (French...more
Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation. Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption...more
Whistleblowing has been part of the U.S. legal tradition, if not since the resolution passed by the Continental Congress in 1778, at least since the adoption of the 1863 False Claims Act. With regard to the disclosure of...more
For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments...more