French Anticorruption Agency Publishes 2022 Analysis Of Corporate Anticorruption Measures

Published date07 November 2022
Subject MatterAccounting and Audit, Criminal Law, Compliance, Accounting Standards, White Collar Crime, Anti-Corruption & Fraud
Law FirmJones Day
AuthorMs Bénédicte Graulle, Vincent Ohannessian, Paloma Valor, Jérémy Attali, Alexis Damour, Yanis Rahim and Camille Rollin

Although French companies have made progress in anticorruption compliance over the past two years, the French Anticorruption Agency ("FAA") has found that they still have difficulty implementing certain measures, particularly anticorruption accounting controls.

The FAA, a national regulatory authority created by Law 2016-1691 of December 9, 2016 ("Sapin II Law"), recently published the results of its 2022 survey of companies in all sectors and of all sizes on the level of maturity of their anticorruption systems.

As part of the survey, companies were asked to identify aspects of anticorruption programs they found most difficult to implement. In response, companies primarily identified three areas:

  • The assessment of the integrity of third parties: Companies indicated that this procedure requires the mobilization of significant resources and risks, altering their relations with the third parties concerned;
  • The mapping of corruption and influence peddling risks Companies cited methodological difficulties in attempting to prepare an exhaustive inventory of their internal processes, to correctly identify risk scenarios and to establish a link between risk mapping and other anticorruption measures; and
  • Anticorruption accounting procedures: Companies reported having difficulty defining them and linking them to existing accounting controls.

Large companies are generally equipped with advanced, computerized accounting systems. In particular, the FAA points out that "general IT controls relating specifically to financial and accounting information systems are identified and listed as part of the accounting controls that contribute to limiting the risks of corruption." The FAA also acknowledges that anticorruption accounting controls are those that "ensure compliance with the same principles as general accounting controls and are based on the same methods" (FAA, "Les contr'les comptables anticorruption en entreprise," April 2022, '2.1 p 20 and '3.2 p 30).

But the FAA will not be satisfied with the sole existence of an efficient accounting system in a company. It will try to ascertain the existence of anticorruption accounting controls, specifically, i.e., "implemented in order to control the risk situations identified in the risk mapping."

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