By Mathieu Hanaut (Baker McKenzie Sydney)
Primary source(s) of anti-bribery legislation and enforcement agencies
French Criminal code – applies in French Polynesia
Enforcement agency: The police, under the instructions of the attorney general
Offences
Under Article 435-1 et seq. of the French Criminal Code, it is an offence for any person to unlawfully proffer, at any time, directly or indirectly, any offer, promise, donation, gift or any reward, to induce a person holding public authority, discharging a public service mission, or vested with a public electoral mandate:
(i) To carry out or abstain from carrying out an act pertaining to his office, duty, or mandate, or facilitated by his office, duty or mandate (Article 435-3);
(ii) To abuse his real or alleged influence with a view to obtaining distinctions, employments, contracts or any other favourable decision from a public authority or the government (Article 435-4)
Similar offences and penalties apply to any person holding public authority, discharging a public service mission, or vested with a public electoral mandate who, unlawfully, at any time, directly or indirectly solicits offers, promises, donations, gifts or rewards to carry out or to abstain from carrying out any act specified under (i) above (Article 435-1), or to abuse his influence under the conditions specified under (ii) (Article 435-2).
Articles 435-7 to 435-10 of the French Criminal Code prohibits similar activities (soliciting or offering directly or indirectly, any offer, promise, donation, gift or any reward) carried out with the intention of interfering with the proper administration of justice within a foreign state, a foreign court or an international court
Defences
There are no safe harbours or exemptions for acts of corruption, and facilitation payments are illegal.
Penalties – Criminal and/or Civil liability
Articles 435-1 et seq of the French Criminal Code: Individuals face fines of up to €1,000,000 (that can be brought to twice the amount of the benefit provided by the offence) and prison sentences of up to 10 years, in addition to other penalties.
Legal entities face fines of up to five times those that can be ordered against individuals, as well as additional penalties such as exclusion for up to five years from government contracts, prohibition from offering their shares to the public, closure of an establishment, etc.
[1] The information in this section is a summary only and does not constitute legal advice concerning the application or effect of the local laws of French Polynesia.
[1] The Firm does not have an office in French Polynesia. However, Mathieu Hanaut, based in the Firm’s Sydney office, is fully qualified to practice in French Polynesia and assist clients on legal issues arising in this jurisdiction directly. Mathieu is supported by a dedicated team of lawyers familiar with most of the Pacific Islands’ legal systems and business environments and his team acts for a range of global companies, financial institutions and governments operating in a wide range of industries in the region. The Firm has been awarded Band 1 in Chambers Asia Pacific 2015 for its specific capability advising clients in the Pacific Islands region.
This list is to be used as a guide only. It is intended to provide high level information regarding the primary laws in the specified countries in relation to ant-bribery and anti-corruption laws. Please refer to the relevant legislation for detailed information and to ensure that the information contained in this guide is up to date, and refer to the relevant Baker McKenzie contact for the jurisdiction for specific advice.