How to handle a summons to appear before a foreign parliamentary investigation committee ?

Our client's challenge

Responding to a summons to appear before a foreign parliamentary investigation committee

he challenge for a French citizen person heard as part of a foreign parliamentary investigation committee lies in protecting their rights and obligations notably regarding law No. 68-678, known as the “Blocking Statute”.

The support of local counsel will ensure that the individual is able to defend his or her rights in the country where the investigation is taking place. However, it is crucial for this person to benefit from French counsel in order to ensure compliance with the application of the Blocking Statute.

In this context, the first step is to determine whether the content requested by the Parliamentary investigation committee falls within the scope of Articles 1 and/or 1bis of the Blocking Statute. To do this, it is mandatory to refer the matter to the Service de l’information stratégique et de la sécurité économiques (SISSE). The latter will send its opinion within a maximum of one month on the applicability of the blocking statute.

If the latter is applicable, the foreign parliamentary commission will need to apply international treaties or conventions to ensure that the person can be heard.

Our way

Prepare clients for the hearing while ensuring that their rights are respected

In the context of a hearing before a foreign investigative parliamentary committee, our team plays a fundamental role in supporting the person being heard, both before and after the hearing.

Our team will be responsible for informing the person of their rights, under the relevant foreign law, with the support of local counsel who will also ensure the application of the different rights during the entire procedure.

Before the hearing, our team will prepare the person by helping him or her to understand the procedure, the questions that are likely to be asked and the possible consequences of his or her answers with the help of local counsel.

We often provide our clients advice on the applicability of the Blocking Statute and regularly contact the SISSE in that context. After having obtained an opinion from the SISSE, we will have to argue to the foreign parliamentary committee the need to apply mutual legal assistance treaties, if the blocking law is applicable.

Our team also provides post-hearing support, analyzing documents of the public inquiry, explaining the outcome of the parliamentary inquiry and anticipating the various legal, professional, media and political risks.