AREAS OF EMPHASIS
What Has Happened with Sapin II and the AFA?
The passage of Sapin II in France in 2016 established the French Anti-Corruption Agency (Agence Française Anticorruption “AFA”), with a mission to prevent corruption, establish corporate compliance guidelines, and drive transparency through the modernisation of business practices. It requires companies to establish a compliance program that aligns with the AFA’s guidelines. The law also defines a whistleblower reporting procedure and prohibits retaliation against whistleblowers.
Does Sapin II apply to you?
The AFA has authority over companies that meet all the following conditions:
500 or more
Incorporated or headquartered in France
Annual revenues or consolidated revenues of at least €100 million
Both companies and individual corporate leaders may face injunctions and penalties should their company fail to comply.
The 8 Key Components of an AFA-Compliant Corporate Compliance Programme
1. Code of Conduct
Under Sapin II, you must have a corporate code of conduct that establishes conduct expectations for employees and stakeholders connected to the business.
2. Internal Whistleblowing Hotline
Employees must have access to an internal reporting system, so they may report potential misconduct or code violations.
3. Risk Mapping
The company’s risk exposure to potential opportunities for corruption must be identified, analysed, prioritised, and regularly updated.
4. Third Party Due Diligence
Third parties including vendors, customers, suppliers and more should be monitored in accordance with the risk map.
5. Accounting Controls
Internal and external accounting controls must be established to ensure transparency in record-keeping.
6. Training for Employees and Leaders
Employees and managers who are most at-risk of being exposed to opportunities for corruption must be trained on how to identify and avoid it.
7. Disciplinary Policy
Policies to sanction those found guilty of engaging in corruption must be established and documented.
8. Internal Controls
Companies must document, monitor, and evaluate the measures implemented in accordance with AFA guidance.
We can help bring your compliance programme into alignment with the AFA’s guidelines through targeted compliance solutions that meet the requirements of Sapin II legislation.
Technology Enables Transparency
Convercent solutions can provide a solid foundation that brings your programme into compliance with Sapin II and the AFA guidelines. When you combine these solutions, they provide a more holistic view of risk, helping you prevent misconduct. Click the links below to learn more about each of our solutions.
Publish an interactive code of conduct that makes your stance on corruption easy to find and even easier to understand
Provide employees with a human-centric, user-friendly whistleblowing hotline that allows you to track and prevent retaliation
Update your policies, distribute them, and track their performance from one centralised policy manager
Create a training program that inoculates employees and managers against misconduct and corruption, while measuring training success
Empower employees and third parties to easily disclose gifts, hospitality, and potential conflicts of interest with a comprehensive disclosures Manager
Identify risk areas before misconduct happens with a comprehensive analytics platform that combines data from across the organization
An Integrated Solution for Global Businesses
Our offices, located in London, UK and Denver, CO, USA, provide dedicated Customer Success and Technical Support in a timezone that suits you.
people covered by the Ethics Cloud Platform
companies located in over 150 countries
languages available within our global hotline telephony
languages available within our web applications
Flexible compliance solutions that meet Sapin II and AFA guidelines now—and grow alongside your needs
Our comprehensive suite of integrated solutions is built to evolve and grow alongside the needs of your business, industry best practices, and changing regulations including Sapin II. See how one or more Convercent solutions can help you build a compliance program that keeps your organisation ahead of the evolving regulatory landscape.