Analysis
14 July 2021

Compliance in the public sector: The Ministry of the Armed Forces issued its Code of prevention of breaches of probity

Bastille Day Newsletter 2021 - Legislative, Regulatory & Policy Updates

 

The year 2016 has marked a turning point for compliance in France in the private sector as well as in the public sector given that new obligations were imposed on them by the laws n°2016-483 of 20 April 2016 on ethics, rights and obligations of public officials and n°2016-1691 of 9 December 2016 on transparency, fight against corruption and modernization of economic life (known as the Sapin II law).

The Ministry of the Armed Forces has quickly become an example in this area. Indeed, it has since defined a triple objective policy – to prevent situations of exposure for its agents, to protect itself from accusations that would tarnish its image and to promote a culture of ethics that accompanies its transformation – implemented through five types of actions – the transition of military personnel in the private sector via the Commission of ethics of military personnel, the declaration obligations, the network of ethics referents, the procedure for collecting whistleblower reports and the system for preventing corruption and breaches of probity[i].

Concretely, in 2017[ii] and 2018[iii], the Ministry of the Armed Forces set up an ethics and whistleblowing system, which is an organization dedicated to ethics and whistleblowing built mainly around “ethics and whistleblowing referents”[iv]. Their missions are particularly to raise awareness of ethical issues among the Ministry’s authorities, to provide training for the Ministry’s executives and to help decision-makers concerning conflicts of interest[v].

At the end of 2020, wishing to take another step towards a compliant administration, the Ministry of the Armed Forces published a Code of Conduct in line with the objective of the Sapin II law to prevent and detect corruption in its various meanings (active and passive corruption, influence peddling, concussion, illegal taking of interest, etc.) and conflicts of interest[vi].

This code, which has been drawn up on the basis of a risks mapping of breaches of probity by the “ethics and whistleblowing ministerial referent”, applies to all agents of the Ministry of the Armed Forces and of the public establishments under its supervision, and particularly to the agents involved in the prevention and detection of risks[vii].

The first part recalls the breaches of probity provided for in the criminal code and the notion of conflicts of interest, the second part explains how to adopt a “deontological attitude” and benefit from the development of probity culture, the third part details the way in which it is necessary to reinforce vigilance on the main activities at risk (public contracts, accounting, human resources), and finally, the fourth part lists the interlocutors who can be contacted for information or advice, to report forbidden behavior, or to secure a departure for the private sector[viii].

This code therefore demonstrates a clear commitment by the Ministry of the Armed Forces to the prevention of corruption and, more broadly, to compliance requirements. While it is true that many ministries have already set up ethics referents (for example, Interior, Culture, Foreign Affairs[ix]) and that a “network of ethics referents” has even been launched on September 16, 2019[x], the fact remains that the Ministry of the Armed Forces is the first to adopt such a fundamental text[xi].

In the hope that the Ministry of the Armed Forces will serve as model for the rest of the Ministries and more generally for all public administrations, this anti-corruption initiative can only be commended.

Related content

Press review
22 March 2024
Press review – Week of 18 March 2024
This week, the press review covers the report of the French Court of Auditors on the financial situation of the...
Press review
15 March 2024
Press review – Week of 11 March 2024
This week’s press review covers the implementation by the AMF of two guidelines issued by the European Banking Authority, the...
Press review
8 March 2024
Press review – Week of 4 March 2024
This week’s press review covers the conviction of Apple to a 1.8 billion euros fine by the European Commission for...
Press review
1 March 2024
Press review – Week of 26 February 2024
This week’s press review covers Washington's adoption of new sanctions against Russia, the involvement of a French municipal agent in...
Press review
23 February 2024
Press review – Week of 19 February 2024
This week’s press review covers Donald Trump and his sons’ conviction for fraud in New York, the decision of Paris...
Analysis
22 February 2024
New clarifications on the repression of tax fraud offences and tax fraud laundering by the...
On 13 December 2023, the Cour de cassation first ruled on the concept of non bis in idem, rejecting the...
Analysis
20 February 2024
A French dairy group suspected of tax fraud
Since 2018, Lactalis has been suspected of committing tax fraud and laundering the proceeds of such fraud via schemes involving...
Press review
16 February 2024
Press review – Week of 12 February 2024
This week’s press review looks back at the legacy of former French minister of Justice Robert Badinter who recently passed...
Press review
9 February 2024
Press review – Week of 5 February 2024
This week’s press review highlights the acquittal of former minister and mayor of Pau, François Bayrou, the accusation of a...
Press review
2 February 2024
Press review – Week of 29 January 2024
This week’s press review highlights the Transparency report on France's global position in the fight against corruption, Uber's fine in...
Analysis
30 January 2024
The European Public Prosecutor’s Office and TRACFIN signed a working arrangement for closer cooperation
In accordance with the principle of sincere cooperation between Member States and with the European Union's institutions, provided for in...
Press review
26 January 2024
Press review – Week of 22 January 2024
This week’s press review highlights Amazon’s 32 million euro fine by a French administrative authority for the monitoring of its...