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First Corruption Monitoring In France

france

A guest post from David Père (Bryan Cave Paris) and Mark Srere (Bryan Cave Washington).

On 9 December 2016, France enacted the “Law on Transparency, Anti-Corruption and the Modernization of the Economy,” known as the “Sapin II Law.” Introducing new legal means into French Law to fight corruption, this law notably created the Agence Française Anti-corruption (French Anti-corruption Agency; the “AFA”) and a new legal instrument, namely the Convention Judiciaire d’Intérêt Public (Judicial Public Interest Agreement; the “CJIP”), enabling French Public Prosecutors to reach settlements with companies involved in offences of corruption, influence peddling or laundering of tax-fraud proceeds.

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French Anti-Corruption Agency Releases Guidelines

AFA

This recent FCPA Flash podcast highlighted developments in France relevant to the anti-bribery and compliance space including, most notably, the new so-called Sapin II law and the new French anti-corruption agency (AFA).

Recently, the AFA released guidelines (see here for the English translation) which make for an interesting read. In many respects, the AFA guidance is similar to the DOJ/SEC issued FCPA Guidance (2012) and the U.K. Ministry of Justice Bribery Act Guidance (2010). However, there are a few portions of the AFA guidelines that caught my eye and are discussed below.

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Friday Roundup

Roundup

Former SEC FCPA Unit Chief Kara Brockmeyer on declinations and voluntary disclosure, Wal-Mart’s global chief ethics and compliance officer on increased standardization in global anti-corruption efforts, scrutiny updates, French first, and for the reading stack.

It’s all here in the Friday Roundup.

Former SEC FCPA Unit Chief Kara Brockmeyer On Declinations and Voluntary Disclosure

Brockmeyer is profiled in this recent Corporate Crime Report Q&A. (See here for a recent FCPA Flash podcast with Brockmeyer).

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FCPA Flash – A Conversation With David Pere Regarding Developments In France

Podcast Logo

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with David Pere (an attorney in the Paris office of Bryan Cave). During the podcast, Pere discusses: (i) developments in France relevant to the anti-bribery and compliance space including, most notably, the new so-called Sapin II law and the new French anti-corruption agency (AFA); (ii) what general counsel and other compliance professionals need to know about the new law and enforcement agency; and (iii) French resentment to aggressive U.S. prosecution of French companies based on sparse jurisdictional allegations.

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Potpourri

Potpourri

Individual FCPA Charges

One reason to read FCPA Professor is to stay ahead of the curve.

For instance, this October 2015 post highlighted alleged bribery at the United Nations charging John Ashe (described as having various positions at the U.N. including serving as the Permanent Representative of Antigua to the U.N. and recently serving as the President of the U.N. General Assembly) and others with a variety of criminal offenses based on allegations that payments were made to Ashe in connection with a U.N. sponsored conference center in Macau, China and to influence business interactions with Antiguan government officials.

The post noted that although the alleged bribery was charged under 18 USC 666 (theft or bribery concerning programs receiving federal funds) on account of the U.N. receiving U.S. federal government funds, Ashe was likely a “foreign official” under the FCPA given that the definition of “foreign official” includes individuals associated with “public international organizations” and the U.N. has been designated as such an organization.

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