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

News
Conseil Constitutionnel
5 October 2023
Fillon saga: Procedural victory before the French Constitutional Council for the former prime minister in...
In response to an application for a priority preliminary ruling on the issue of constitutionality (“question prioritaire de constitutionnalité”), the...
Publication
The discreet ramping up of environmental criminal law
5 December 2023
The discreet ramping up of environmental criminal law
Navacelle contributes to The Legal Industry Reviews' fourth edition about recent gradual application of environmental criminal law in France, with...
Event
Colloque CNB médiation, compliance & vigilance
4 December 2023
Mediation vs compliance and vigilance duties roundtable
Stéphane de Navacelle took part in a Compliance, vigilance and mediation seminar on Novembre 30, 2023.
Press review
1 December 2023
Press review – Week of 27 November 2023
This week’s press review looks back at the criminal proceedings against Olivier Dussopt, Minister of Labor, Eric Dupond-Moretti, Minister of...
Press review
24 November 2023
Press review – Week of 20 November 2023
This week, the press review looks back at the criminal proceedings opened against Senator Joël Guerriau, former Socialist Party First...
Event
Formation EFB Navacelle - Session 3/10
23 November 2023
Defining the scope of the internal investigation: internal investigation sources and the investigation plan
EFB Degree - Internal investigation (3/10) What criteria need to be considered when deciding whether to carry out an internal...
Publication
ABA International Law Section
21 November 2023
Practical tips when dealing with corruption allegations in arbitration
Navacelle contributes to the American Bar Association International Arbitration Committee's Quarterly Newsletter (Q3 2023).
Press review
Press review Navacelle
17 November 2023
Press review – Week of 13 November 2023
This week, the press review looks back at the criminal proceedings against Bashar Al-Assad, leader of Syria, Gotabaya Rajapaksa, former...
Publication
Revue Justice Actualités #28
13 November 2023
Internal Investigation and Negotiated Justice (in French)
Can internal investigation be used to negotiate the investigation phase with prosecuting authorities? An article in French, by Guillaume Daieff, Stéphane...
Press review
10 November 2023
Press review – Week of 6 November 2023
This week, the press review looks back at the trials of the former deputy director of the Bordeaux Criminal Investigation...
Publication
GIR Guide to Sanctions - Navacelle 2023
8 November 2023
The Guide to Sanctions (2023) – GIR
Navacelle co-author of the fourth edition of the Global Investigation Review's Guide to Sanctions.
Press review
Press review - Week of 30 October 2023
3 November 2023
Press review – Week of 30 October 2023
This week, the Navacelle press review looks back at Altice's filing of a civil action in the criminal proceedings in...
Event
Navacelle - IBA Paris 2023
2 November 2023
2023 IBA Annual Conference – Paris – Host Committe reception
As a member of the Host Committee, Navacelle co-hosted the Host Committee Reception for the International Bar Association (IBA) 2023...