AREAS OF EMPHASIS
What Has Happened with Sapin II and the AFA?
Sapin II passed in 2016, establishing the French Anti-Corruption Agency (Agence Française Anticorruption “AFA”). The AFA works to prevent corruption, establish corporate compliance guidelines, and drive transparency through the modernisation of business practices. As part of Sapin II companies are required 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.
New guidance related to Sapin II is released every year. In January 2021 the AFA published new recommendations including practical procedures for implementing anti corruption policies based on three foundational principles:
- Commitment to corruption-free performance
- Understanding of the entities exposure to risk
- Overall risk management
SAPIN II SCOPE
Does Sapin II apply to your business?
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.Changes in Global compliance are fast-moving, and professionals are challenged to ensure compliance across jurisdictions and country borders.
As experts in global compliance needs, Convercent is a partner in understanding the impacts of Sapin II and other laws across your global business.
What is the French Anti-Corruption Agency
1. The AFA
The French Anti-Corruption Agency (Agence Française Anticorruption “AFA”) is a regulatory agency built to detect and prevent corruption. The AFA was modeled after the U.S. Foeign Corrupt Practices Act (FCPA) and the UK Bribery Act.
The AFA is responsible for conducting audits of companies’ anti-corruption efforts.
The 8 Key Components of an AFA-Compliant Corporate Compliance Programme
1. Code of Conduct
Sapin II requires a corporate code of conduct that establishes conduct expectations for employees and stakeholders.
2. Internal Whistleblowing Hotline
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.
As experts in Sapin II we can help bring your compliance programme into alignment with the AFA’s guidelines.
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
Convercent offers tools built to evolve and grow alongside the needs of an ever changing regulatory environment, including Sapin II. Learn how Convercent’s solutions can help you build a compliance program that keeps your organisation ahead of the evolving landscape.