Analysis
14 July 2022

Lobbying: Declaration obligations of interest representatives in France

Highlight on the disclosure obligations imposed on interest representatives in France, as provided for by Law 2013-907 of October 11, 2013, as amended by Law 2016-1691 of December 9, 2016, on transparency, the fight against corruption and the modernization of economic life, as well as the possible penalties for failure to comply with these obligations.

 

I. 2013-907 of October 11, 2013, defines what constitutes an interest representative in France

 The law of October 11, 2013, amended by law n°2016-1691 of December 9, 2016, defines the status of interest representative and grants legal recognition to his activity.

Are considered as interest representatives, the private legal entities, the public establishments or public groups exercising an industrial and commercial activity, the chambers of commerce and industry, the chambers of trades and crafts and the chambers of agriculture of which a director, an employee or a member has, as a principal or regular activity, to influence the public decision.[1]

The influence on the public decision can be exercised in particular on the content of a law or a regulatory act and through contact with several persons listed by the law, such as members of the government, deputies or senators or the President of the Republic’s staff.[2]

 

II. Law no. 2013-907 of October 11, 2013 and Decree no. 2017-867 of May 9, 2017 specify the obligations applicable to interest representatives as well as the penalties for failure to comply

Interest representatives must register and declare their activities in a public register available online on the HATVP website[3]. This public register allows any person to obtain the list of interest representatives free of charge.[4]

This registration must be made within two months of the date on which they meet the conditions to be considered as interest representatives.[5] Interest representatives must provide much information about their activity, such as their identity, or the actions carried out in the framework of their activities.[6]

In addition, any change in this information must be communicated to the HATVP within one month.[7]

Moreover, the text specifies that any person who acts as an interest representative on behalf of a third party must also communicate his or her activity to the HATVP.[8]

Finally, interest representatives must also send the HATVP, within three months of the end of their fiscal year, details of the actions they carry out, the expenses related to their activity or the number of people they employ in the exercise of their activities.[9]

To encourage interest representatives to declare themselves to the HATVP, the law provides that failure to comply with the declaration obligations exposes the representative to a criminal penalty.[10]

The HATVP is the competent authority to establish breaches of the rules governing the declaration of interest representatives.[11] It may thus choose to send a formal notice to the interest representatives concerned, which it may make public, to comply with their obligations in this area.[12]

 

Related content

Analysis
CumEx files
13 January 2022
CumEx files, from tax optimization to tax fraud?
A look back at the revelations of the "CumEx files" and key take aways on these practices of tax optimization...
Press review
Press review
9 June 2023
Press review – Week of 5 June 2023
This week's press review details the suspicions of favoritism hanging over Olivier Dussopt, Minister of Labor, Employment and Integration, and...
Press review
Press review
2 June 2023
Press review – Week of 29 May 2023
This week, the 32nd chamber of the Paris judicial court handed down its first conviction for price manipulation against Thierry...
Press review
press review
26 May 2023
Press review – Week of 22 May 2023
This week, the Parquet national financier (PNF - National Financial Prosecutor's Office) signed its 16th and 17th Convention Judiciaire d'Intérêt...
Analysis
23 May 2023
The French Minister for Public Accounts announces a plan to fight tax fraud
During a senatorial debate, after the publication by the Finance Commission of a report on the fight against tax fraud,...
Press review
press reveiw
15 May 2023
Press review – Week of 15 May 2023
This week in the news, the ECHR validated the sharing of phone taps from the prosecutor to the antitrust authority...
Press review
press review
12 May 2023
Press review – Week of 8 May 2023
This week in the news, François Ruffin was dismissed by the ECHR, and a judicial investigation was opened for suspicions...
Press review
White Collar Crime Compliance Press review
5 May 2023
Press review – Week of 01 May 2023
This week in the news, the Paris prosecutor's office signed a DPA with a Spanish bank, and Anticor is investigating...
Analysis
3 May 2023
The impact of international sanctions in international litigation and arbitration
International sanctions, which are political, diplomatic and public international law measures also impact commercial relationships. Navacelle summarizes their consequences on...
Press review
Press review
28 April 2023
Press review – Week of 24 April 2023
In this press review, the National Financial Prosecutor’s Office (PNF) searched the premises of the Member of Parliament Pierre Morel-A-L’Huissier...
Event
DPA ABA 2023
26 April 2023
Deferred Prosecution Agreements and how much do they shield from litigation and arbitration?
During the American Bar Association International Law Section 2023 conference, Stéphane de Navacelle will discuss Corporate criminal liability frameworks which...
Press review
Press review
21 April 2023
Press review – Week of 17 April 2023
In this week’s press review, on the international level, ecocide has been recognized by the European Parliament, the United States...
News
Guide to Corporate Internal Investigations
21 April 2023
Guide to Corporate Internal Investigations by the American Bar Association
Julie Zorrilla and Stéphane de Navacelle contribute to the International Guide to Corporate Internal Investigations by the American Bar Association....