INTRODUCTION Contributed by: Eric Bruce and Justin Simeone, Freshfields US LLP
ritorial reach, which will likely be subject to further guidance and court interpretation in the future. On the whole, the ECCTA has significant poten - tial to bolster the SFO’s stated objective to increase anti-bribery and corruption enforce - ment actions over the coming years. France – Anti-Corruption Agency Guidelines on Sponsorships and Charitable Donations In recent years, the French Anti-Corruption Agency (AFA) has published updated guid - ance on key anti-bribery and corruption topics, including a March 2023 Guide on “Internal Anti- Corruption Investigations,” which provides an overview of best practices for companies. In March 2024, the AFA published new Guide - lines on “Managing Risk in Corporate Sponsor - ships and Patronage Activities,” which is an area that can expose many companies to unexpected bribery risks. Among other guidance, it clarifies the definitions of these important terms: • First, the Guidelines explain that sponsorship, which is not otherwise defined under French law, involves support to an event, entity, or individual of a philanthropic, educational, sci - entific, social, humanitarian, sporting, family, cultural, artistic, or environmental nature, with a view to gaining a direct benefit from the transaction. • Second, the Guidelines explain that charitable donations, which is defined under French tax law, involve material or financial support given to a legal entity or charitable organisation to carry out activities that benefit the general interest, without any direct or indirect benefit in return.
The Guidelines discuss risks associated with these activities and provide recommendations on how to avoid such risks. It includes exam - ples of potentially problematic situations and proposes specific prevention and detection measures that are in line with the AFA’s general anti-corruption guidelines. It also recommends corporate compliance measures, such as poli - cies, procedures, written agreements, training, and internal controls designed to prevent activi - ties that may lead to criminal exposure. United States – International Corporate Anti- Bribery Initiative Amid these legislative and policy developments, the United States remains a leader in anti-bribery and corruption efforts worldwide. To that end, in November 2023, the DOJ announced the crea - tion of the International Corporate Anti-Bribery Initiative (ICAB), which aims to strengthen global efforts in combatting corruption through shared data and enhanced cross-border co-operation. The ICAB intends to strengthen the United States’ ability to identify, investigate, and even - tually prosecute foreign bribery offences by working with law enforcement partners in other countries, and international data experts. Act - ing Assistant Attorney General Nicole Argentieri has explained: “The Justice Department cannot succeed in combating corruption on our own. Criminals involved in bribery move across inter - national borders, as do the illicit proceeds of their crimes. To effectively fight these offenses, strong partnerships and cooperation with our international counterparts is mission critical”. Indeed, during 2024, the DOJ announced sev - eral significant FCPA resolutions that involved joint co-operation between the DOJ and foreign authorities, including Colombian, Ecuadorian, Indian, Indonesian, Panamanian, Portuguese,
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