Details on Specific Requirements for Companies Under the Sapin II Law
The Sapin II law, established to effectively combat corruption in France, has set clear obligations for companies. These requirements aim to ensure transparency, accountability, and integrity of business operations. This article examines the details of these obligations.
1. Anti-Corruption Compliance Program:
Any company with more than 500 employees and a turnover of more than 100 million euros must establish an internal anti-corruption compliance program. This program should include measures and procedures to prevent and detect acts of corruption or influence peddling, both in France and abroad.
2. Risk Mapping:
Companies must develop and regularly update a risk map. This must identify, assess, and prioritize exposure to corruption risks, depending on their activity and the geographical areas where they operate.,
3. Third-Party Evaluation Procedures:
Companies must establish procedures for evaluating their clients, suppliers, and intermediaries based on the level of risk identified during risk mapping.
4. Internal Control Procedures:
Internal controls must be established to ensure the security of operations and the reliability of the company’s financial accounts, thereby minimizing the risks of corrupt practices.
5. Employee Training:
Employees most at risk of corruption must receive regular training to raise awareness of the issues and risks associated with corruption.
6. Whistleblower Regime:
The law requires the establishment of an internal whistleblower system, allowing any employee to report reprehensible acts while benefiting from legal protection.
7. Monitoring and Evaluation:
Companies must establish regular monitoring and evaluation of the measures put in place, thus ensuring their effectiveness and relevance over time.
8. Disciplinary Sanctions:
In the event of non-compliance with anti-corruption rules, the company must provide for disciplinary sanctions for its employees, detailed in its internal regulations.
9. External Control:
Companies subject to the Sapin II law may be subject to controls by the AFA (French Anti-Corruption Agency). In the case of non-compliance, they face administrative sanctions, which can reach up to 200,000 euros for an individual and 1 million euros for a legal entity.
Conclusion:
The Sapin II law has provided a rigorous regulatory framework for companies operating in France. By understanding and complying with these specific requirements, they not only strengthen their integrity and compliance but also contribute to creating a more transparent and ethical business environment.