In this article, Saskia Zandieh* and Leah Moushey provide an overview of Sapin II, France's new anti-corruption law. They outline how it may improve the nation's current anti-corruption framework, and review the practical implications gleaned from lessons learned from the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. The authors address key changes made by Sapin II, including: (i) expanded jurisdictional reach of French prosecutors in bribery cases; (ii) creation of the "Agence française anti-corruption" (AFA), a new anti-corruption agency; (iii) a new compliance program requirement; (iv) whistleblower protection provisions; (v) the introduction of U.S.-style deferred prosecution agreements to the French legal landscape; (iv) and international double jeopardy considerations. "With Sapin II, France has the potential to become a major player in anti-corruption enforcement," Zandieh and Moushey said. "French prosecutors — rather than their Anglo-Saxon counterparts — could more effectively take the lead in corruption cases, particularly those brought against French companies and individuals. For this to happen, however, the AFA and French prosecutors' offices must be adequately staffed and funded, the AFA must vigorously execute its compliance-and monitor-related duties, French prosecutors must leverage support from the AFA and use DPAs to their advantage, and French prosecutors must work with their foreign counterparts to secure the lead in cases involving French companies and individuals. Otherwise, the law risks being nothing more than lipstick on a pig."

*Former Miller & Chevalier attorney