Is compliance a burden or opportunity?
On 4th July 2018, Linklaters hosted the firm’s clients at a roundtable focused on the future of compliance in France.
- Charles Duchaine – Chairman, French Anti-Corruption Agency
- Jérôme Marilly - First Vice Prosecutor, Head of Financial, Economic and Commercial Affairs, Paris First Instance Court
- Marie-Anne Frison-Roche – Professor, Sciences Po University, Paris
French Anti-Corruption Agency: A one-year review
Charles Duchaine invited participants to reflect on the first year of the new French Anti-Corruption Agency. The organisation was established parallel to the enactment of the Sapin II law, which also required companies with a turnover of more than €100m and 500 employees to implement robust anticorruption compliance measures. Mr. Duchaine revealed that during its first year, the French Anti-Corruption Agency was keen to assist companies with the implementation of their compliance measures in order to aid their development. To date, no case has been prosecuted before the Enforcement Committee of the Agency.
Jérôme Marilly discussed the collaboration between the Public Prosecutor's Office and the French Anti-Corruption Agency, which was formalized into an agreement that will lead the French Anti-Corruption Agency to transmit to the Public Prosecutor's Office any possible offence it discovers within the context of its mission, pursuant to Article 40 of the French Procedural Criminal Code. However, the Public Prosecutor's Office stressed the independence of the former from the latter; reiterating that the Public Prosecutor's Office would be free to investigate or dismiss a case transferred by the French Anti-Corruption Agency.
The future of compliance in Europe
The conference also provided an opportunity to engage with leading mind, Marie-Anne Frison-Roche, on the future of compliance in Europe and the transformation of companies’ responsibilities amidst a tide of new compliance obligations. She notably suggested that companies were becoming agents of the States, required to assist its fight against corruption.
Our clients were delighted by this exclusive and frank exchange with the speakers, culminating in an informal discussion over cocktails following the conference.
For further information about the topics discussed at the conference or advice on compliance related matters please contact Arnaud de La Cotardiere
or your usual Linklaters contact.