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Understanding Sapin II 

French legislation, Sapin II, came into effect in June 2017, requiring companies operating in France, including foreign subsidiaries, to implement effective anti-corruption programs. These programs are designed to prevent and detect bribery and undue influence, adhering to the rigorous standards set by the French Anti-Corruption Agency (AFA). 

Inspired by the US FCPA and the UK Bribery Act, Sapin II mandates strict regulations, including increased organizational transparency, stronger internal monitoring systems, robust whistleblower protections, and effective supply chain risk management due diligence. The French Sapin II law targets corruption by requiring certain companies to implement anti-corruption programs. It applies to:

Large French companies: Those with at least 500 employees and a turnover exceeding €100 million.

French subsidiaries of large groups: Even if the subsidiary has fewer than 500 employees, it must comply if the parent company in France meets the employee threshold and the group's consolidated turnover exceeds €100 million.

The Importance of Compliance With SAPIN II

Non-compliance with Sapin II can lead to severe penalties for both companies and individuals. Companies can be fined up to €1 million for failing to implement required compliance programs, and up to €5 million or double the benefit derived from corruption in actual corruption cases. Additional sanctions may include judicial supervision, bans from public contracts, and requirements to strengthen compliance programs under AFA supervision. Executives and managers can be fined up to €200,000, face imprisonment for up to ten years, and potentially be banned from holding public office or serving as company directors.