Anti-Bribery and Corruption Laws in France

Article 17 of the Sapin II Law, which came into force on June 1st, 2017 

“Large companies”  1   and their managers failing to implement the eight internal preventive anti-corruption measures (such as a code of conduct including a disciplinary system in case of non-compliance by the employees, a corruption risk mapping of the company’s exposure to external solicitations to bribery and an internal alert procedure). 

Public Sector (various Articles of the French Criminal Code) 

Bribing 

Unlawfully offering, promising or giving  2  to a public official (including judicial officers and an elected foreign public official), directly or indirectly, any advantage for the future or past performance or non-performance of any act within the official’s functions, duties or mandate. 

Private Sector (Article 445-1 and Seq. of the French Criminal Code) 

Bribing 

Unlawfully offering to a person holding a management position or any occupation, any advantage for the future or past performance or non-performance of any act within his activity or function, in breach of his legal, professional or contractual obligations. 

Article 17 of the Sapin II Law, which came into force on June 1st, 2017 

“Large companies” and their managers failing to implement the eight internal preventive anti-corruption measures (such as a code of conduct including a disciplinary system in case of non-compliance by the employees, a corruption risk mapping of the company’s exposure to external solicitations to bribery and an internal alert procedure). 

Public Sector (various Articles of the French Criminal Code) 

Being Bribed 

A public official (including judicial officers and an elected foreign public official) unlawfully requesting or accepting for himself or another an advantage for the future or past performance or non-performance of any act within the official’s functions, duties or mandate. 

Private Sector (Article 445-1 and Seq. of the French Criminal Code) 

Being Bribed 

A person holding a management position or any occupation, requesting or accepting, directly or indirectly, any advantage for the future or past performance of an act within his activity in breach of his legal, professional or contractual obligations. 

Bribing

Individuals  

Corruption involving a person holding a public office: 

• Imprisonment of up to ten years 
• Fines up to EUR 1m, where the fine can be increased up to double the value of the advantage resulting from the offence 
• Fines are raised to EUR 2m or, if this amount exceeds 2m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang  
• Fines of up to EUR 200,000 for Chairmen, CEOs, managers, directors, on whom the law imposes responsibility for compliance with the new obligations 
• The French Anti-corruption agency can order the penalty to be made public / published 

Corruption in the private sector: 

• Imprisonment of up to five years 
• Fines of up to EUR 500,000 where the amount of the fine can be increased up to twice the value of the advantage resulting from the offence 
• Fines of up to EUR 200,000 for Chairmen, CEOs, managers, directors, on whom the law imposes responsibility for compliance with the new obligations 
• Additional penalties such as depravation of rights, professional restrictions, publication of the decision, and confiscation of what was used to commit the offence 
• The French Anti-corruption agency can order the penalty to be made public / published 

Companies 

Corruption of a person holding a public office: 

• Fines up to EUR 5m where the fine can be increased up to double the value of the advantage resulting from the offence 
• Fines are raised to EUR 10m or, if this amount exceeds 10m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang  
• For a maximum of five years:
  • Prohibition from continuing the activity at stake 
  • Placing under judicial supervision 
  • Being banned from public markets 
  • Exclusion from government procurement 
  • Banning the entity from raising public funds 
  • Banning the entity from writing cheques other than those allowing funds to be withdrawn, certified cheques or using credit cards 
• Publication of the decision 
• Confiscation 
• Since the implementation of Sapin II Law, fine up to EUR 1m if the programme does not comply with legal requirements (i.e. failure to implement any of the eight measures provided for) 
• Fine of up to 30% of the company’s turnover and the implementation of a compliance programme in case of a settlement with the public prosecutor

Being bribed

Individuals

Corruption involving a person holding a public office: 

• Imprisonment of up to ten years  10 
• Fines up to EUR 1m, where the fine can be increased up to double the value of the advantage resulting from the offence 
• Fines are raised to EUR 2m or, if this amount exceeds 2m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang  
• Fines of up to EUR 200,000 for Chairmen, CEOs, managers, directors, on whom the law imposes responsibility for compliance with the new obligations 
• The French Anti-corruption agency can order the penalty to be made public / published 

Corruption in the private sector: 

• Imprisonment of up to five years 
• Fines up to EUR 500,000 where the amount of the fine can be increased up to twice the value of the advantage resulting from the offence 
• Fines of up to EUR 200,000 for Chairmen, CEOs, managers, directors, on whom the law imposes responsibility for compliance with the new obligations 
• Additional penalties such as depravation of rights, professional restrictions, publication of the decision, and confiscation of what was used to commit the offence 
• The French Anti-corruption agency can order the penalty to be made public / published 

Companies 

Corruption of a person holding a public office:  11

• Fines of up to EUR 5m where the fine can be increased up to double the value of the advantage resulting from the offence 
• Fines are raised to EUR 10m or, if this amount exceeds 10m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang  
• Since the implementation of Sapin II Law, fine up to EUR 1m if the programme does not comply with legal requirements (i.e. failure to implement any of the eight measures provided for) 
• Fine of up to 30% of the company’s turnover and the implementation of a compliance programme in case of a settlement with the public prosecutor 

Corruption of a person not holding a public office:103 

• Fines up to EUR 2.5m where the amount of the fine can be increased up to twice the value of the advantage resulting from the offence 
• For a maximum of five years: 
  • Prohibition from continuing the activity at stake 
  • Placing under judicial supervision 
  • Exclusion from government procurement 
  • Being banned from public markets 
  • Banning the entity from raising public funds 
  • Banning the entity from writing cheques other than those allowing funds to be withdrawn, certified cheques or using credit cards 
• Publication of the decision 
• Confiscation 
• Since the implementation of Sapin II Law, fine up to EUR 1m if the program does not comply with legal requirements (i.e. failure to implement any of the eight measures provided for) 
• Fine of up to 30% of the company’s turnover and the implementation of a compliance programme in case of a settlement with the public prosecutor