FRANCE Law and Practice Contributed by: Thierry Marembert, Cécile Labarbe, Aaron Bass and Céline Serpagli, Kiejman & Marembert
2.6 Lobbyists Lobbying activities have been regulated in France since the 2016 Sapin II Law. The “High Authority for Transparency in Public Life” (HATVP) is the agency responsible for monitoring lob - byists and ensuring their compliance with all applica - ble regulations. The HATVP defines “lobbying” or “interest representa - tion” as the activity of taking the initiative to contact persons responsible for drafting and voting on public decisions or conducting national or local public action in order to influence their decisions. All sectors of economic activity may therefore be affected by this regulation. To be considered an interest representative, three cumulative conditions must be met: • a legal entity (a director, employee or member) or a person (who carries out a professional activity on an individual basis, for example a consultant or independent solicitor); • who carries out lobbying activities and takes the initiative to contact public officials in order to influ - ence public decisions; and • carries out this activity on a principal or regular basis. Thus, any person seeking to influence the content of a public decision by communicating with a public official must register in the register of interest repre - sentatives and declare their lobbying activities and the resources devoted to them. When registering, interest representatives must pro - vide information on the identity of their organisation (contact details, identity of managers and persons employed for interest representation, clients, etc) and on the subjects covered by their interest representa - tion activities. “Interests representatives” are required to submit an annual declaration of activity to the High Authority. This must contain:
ceeds of the crime when committed in an organised group. The crime of unlawful taking of interests is defined as the taking, receiving or keeping of any interest in a business or business operation, either directly or indirectly, by a person holding public authority or discharging a public service mission, or by a person holding a public electoral mandate who at the time in question has the duty of ensuring, in whole or in part, its supervision, management, liquidation or payment. The crime carries a maximum of five years’ imprison - ment and a maximum fine of EUR500,000, which may be increased to twice the proceeds of the crime. The crime of favouritism targets any person holding public authority or discharging a public service mis - sion or holding a public electoral mandate or acting as a representative, administrator or agent of central gov - ernment, local government, public establishments, national semi-public companies discharging public service missions and local semi-public companies, or any person acting on behalf of any of the above- mentioned persons, who obtains or attempts to obtain for others an unjustified advantage by an act breach - ing the statutory or regulatory provisions designed to ensure freedom of access and equal treatment for bidders in tenders for public contracts and delegated public service. The crime carries a maximum two years’ imprison - ment and a maximum fine of EUR200,000, which may be increased to twice the proceeds of the crime. 2.5 Intermediaries The FCC provides that bribery and influence-peddling can be carried out directly or indirectly, which covers the commission of the offences through an intermedi - ary. Furthermore, the FCC provides liability for any per - son instructing, aiding or abetting any crimes under French law, which are all construed as complicity, and which incur the same penalties as those incurred by the main offender.
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