in the legal, accounting and auditing professions.”175 This has been a long standing concern.176 There is no mechanism for protection of whistleblowers and measures to facilitate reporting by public officials are not sufficient.177 The Finnish Ministry of Foreign Affairs, the authorities responsible for awarding official developmental assistance (ODA), have not published formal guidance on due diligence and enhanced due diligence in the process of granting ODA contracts and “public advantages”.178 The UNCAC executive summary noted that monetary sanctions for corruption offences committed by legal persons might be too low when compared to other European countries.179
Recent Developments In September 2012 the Ministry of Foreign Affairs published an Anti-Corruption Handbook which includes information to complement the guidelines. The handbook will be distributed to all ministries and foreign missions and has been published online.180
Recommendations for Priority Actions Extend the definition of “foreign public official” to bring it in line with the Convention. Engage more actively in awareness-raising activities in high risk sectors and highly relevant professions (for example, auditors). Introduce whistleblower protection and measures to help public officials report suspicions of foreign bribery. Introduce corporate liability for accounting and auditing offences. Increase monetary sanctions for legal entities. Establish and follow due diligence guidelines for the awarding process of ODA.
FRANCE: LIMITED ENFORCEMENT.
Share of World Exports: 3.6 per cent
Foreign Bribery Cases and Investigations According to official statistics, between 2009 and 2011 there have been eight investigations and three major cases and four non-major cases commenced and three cases concluded with sanctions. In 2012 two investigations and one non-major case commenced and one case concluded with substantial sanctions. There are no details available about the new investigations. In September 2012, the Paris Criminal Court fined the French aeronautics and defence group Safran €500,000 (US$642,700) for bribing public officials in Nigeria between 2000 and 2003.181 The court found that bribes had been paid to win a contract estimated to be worth €170 million (US$218.5 million) to supply identity cards to the Nigerian government.182 The company has
175
Phase 3 Follow-up Report 2013, page 3. Lack of engagement in awareness raising activities was reported in the 2010 progress report and the OECD Phase 2 and Phase 3 reports. 177 Phase 3 Follow-up Report 2013, page 15. 178 Phase 3 Follow-up Report 2013, pages 14, 20-22. 179 UNCAC Review Report 7 June 2011. 180 Finnish Ministry of Foreign Affairs, “Anti-corruption Handbook”, www.formin.finland.fi/public/default.aspx?contentid=256264&culture=en-US. 181 Reuters, 5 September 2012, “French court fines Safran for Nigerian bribes”, www.reuters.com/article/2012/09/05/safran-fine-nigeria-idUSL6E8K5CGF20120905; ExPatica, 4 June 2012, “France's Safran on trial for alleged Nigerian bribes”, www.expatica.com/fr/news/french-news/france-s-safran-on-trial-for-allegednigerian-bribes_231785.html. 182 Ibid. 176
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TRANSPARENCY INTERNATIONAL