9th Conference on Anti-Corruption and CSR France - ENG WEB

LEARN THE NEWEST AND MOST EFFECTIVE STRATEGIES FOR:

Caret-right Complying with Sapin II and the new whistleblower protections

Caret-right Navigating the intricacies of risk mapping potential human rights violations

Caret-right Unpacking the recent PNF and AFA guidance on internal investigations and contrasting the self-disclosure regimes of the UK, France, and the US

Caret-right Demystifying global economic sanctions among heightened geopolitical risk factors

Caret-right Managing ESG risk and liability flowing from the Duty of Vigilance, the EU's Corporate Sustainability Due Diligence Directive, and more

DISTINGUISHED FACULTY

2023 Conference Chairs Esteemed Speakers

François Jambin

Chief Compliance Officer

EDF

Julie Vallat

Vice President of Human Rights

L’Oréal

Astrid Mignon Colombet Partner

August Debouzy

Government Speakers

Jean-François Bohnert Director

Parquet national financier

Patrick de Cambourg

Chair

Sustainability Reporting Board, EFRAG

Andrew Gentin

Chief, Corporate Enforcement, Compliance, and Policy Unit, Fraud Section, Criminal Division U.S. Department of Justice

Daniëlle Goudriaan

Chair of the OECD’s Working Group on Bribery Partner

Ivy Corporate Defence Investigations

Former European Prosecutor

Isabelle Jégouzo

Director

French Anti-Corruption Agency

Sabrina Medaghri Alaoui

Risk & Compliance Specialist

Dow Jones

Yves Alloueket Data Protection Officer

Groupe ST Dupont

Martine Beamon

Partner | Co-Head White Collar Defense & Investigations

Davis, Polk & Wardwell LLP (USA)

Stéphane Bonifassi Lawyer

Bonifassi Avocats

Sol Castagnino Human Rights Officer Eramet

Bernard Cazeneuve Partner

August Debouzy

Former Prime Minister of France

Tariel Chamerois

Director of CSR, Sustainable Development and Urban Transportation

DB Schenker

Ophélia Claude Partner

Antonin Levy & Associé

Karen Coppens

Solicitor in England and Wales

Qualified to practice law in France

Christian Dargham Partner

Norton Rose Fulbright LLP

Dominique Dedieu

Founding Lawyer

3Dtic Avocats

Samy Doss

Regional Compliance Officer

Glencore (North and Central Africa)

Emmanuel Dunet-Larousse

Legal Director, Compliance, and Internal Controls

Groupe coopératif Maïsadour

Michaëlle Durand

Regional Head of Compliance

DB Schenker

Camille Ghilardi

Manager, Human Rights

Takeda

Estelle Gabillet

Head of Ethics & Compliance

Parfums Christian Dior

Fleur Jourdan

Founding Partner

Fleurus Avocats

Anti-Corruption and CSR FRANCE

Daniel S. Kahn Partner

Davis Polk & Wardwell LLP (USA)

Noëlle Lenoir

Founding Lawyer

Noëlle Lenoir Avocats

Former Minister of European Affairs

Lydia Méziani

Legal Director of Risk, Compliance, and Human Rights

Nestlé France

Charlotte Michon

Lawyer

Charlotte Michon Avocat

Fabrice Naftalski

Partner | Global EY Data Privacy Law Leader

Ernst & Young France

Frédéric Paradis

Compliance & Data Protection Officer

Gaztransport & Technigaz

Marie Perrault Partner

Joshua Société d’avocats

Patrick Rappo Partner Reed Smith LLP

Anne Renard Director of Compliance and Certification

Lexing Alain Bensoussan Avocats

Alain Roman Vice President of Compliance & Regulations

Safran Landing Systems

Eric Russo Partner

Quinn Emanuel Urquhart & Sullivan

Former PNF Prosecutor

Sophie Scemla Partner

Gide Loyrette Nouel

Eric Seassaud Partner

Squair Law Firm

Stephanie Scouppe

Head of Ethics

Groupe APD

Rozenn Le Sommer

Head of Sustainable Performance

La Banque Postale

Ghalia Souidi

Head of Compliance

GE Renewable Energy

Nicolas Tollet Partner

Hughes Hubbard & Reed LLP

DAY ONE: 9 OCTOBER 2023

8h30  Registration and Breakfast

9h30

Opening Remarks from the Chairs

François Jambin Chief Compliance Officer

EDF

10h15

FRANCE’S DUTY OF VIGILANCE

Julie Vallat Vice President of Human Rights L’Oréal

Astrid Mignon Colombet Partner

August Debouzy

Managing Risk and Liability under the Duty of Vigilance Law: How to Implement a Separate Vigilance Plan in the Absence of Authoritative Guidance

Enacted in 2017, France’s Duty of Vigilance law did not create an administrative agency responsible for its oversight, unlike the Loi Sapin II, which created the AFA. Since all guidance or measure of efficacy of a company’s vigilance plan comes from the courts, it is imperative that companies understand the key takeaways from key cases and apply them to their own vigilance plans, which must be made public.

• Reviewing the obligations as set out in the law: risk mapping, whistleblowing, and third party due diligence: How far down the supply chain these obligations extend

• Analysing whether it is possible and desirable to incorporate a vigilance plan into existing compliance programmes

• What to do when your company receives formal notice from an interested party that your vigilance plan is insufficient or inadequate

» Best practices for the consultation period

11h15   Networking Break

Lydia Méziani

Legal

Director of Risk, Compliance, and Human Rights

Nestlé France

Ophélia Claude Partner Antonin Levy & Associé

Charlotte Michon Lawyer

Charlotte Michon Avocat

A New Era in Whistleblowing and Anti-Corruption Enforcement: Emerging Best Practices for Navigating Whistleblowing Laws and Regulations

Failing to comply with the whistleblowing requirements can result in significant penalties, including fines and reputational damage. Therefore, it is essential for companies in France to create whistleblowing systems that are compliant with the law and the latest best practices. In this session, key topics of discussion include:

• The finer points of the current whistleblowing laws and regulations in France

» Appreciating the changes from the 3 October 2022 Decree which transposed the 2019 EU Whistleblowing Directive

• How to comply with whistleblowing requirements and what falls short:

» Consolidated whistleblowing systems vs. country-by-country systems

» Overcoming hurdles when implementing a whistleblowing system

» Procedural and more best practices when managing complaints received through the system

• Consequences of failing to comply with whistleblowing laws and regulations

• Comparison of whistleblowing laws in France, Germany, and Italy

11h30   Interview with OECD

Daniëlle Goudriaan Chair of the OECD’s Working Group on Bribery Partner Ivy Corporate Defence Investigations Former European Prosecutor

Interviewed by: Sophie Scemla Partner

Gide Loyrette Nouel

Frédéric Paradis Chief Compliance Officer Gaztransport & Technigaz

Estelle Gabillet Head of Ethics & Compliance

Parfums Christian Dior

Eric Seassaud Partner Squair Law Firm

Luncheon

14h15   DATA PRVACY AND PROTECTION

Managing the Intersection of Compliance and Data: Best Practices for Mitigating Increasing Cybersecurity and Data Risks in a Rapidly Evolving Landscape

In 2023 alone, the French authorities highlighted the need to comply with data privacy and protection laws in the joint AFA/PNF guidance. In addition, the European Commission ordered that the Data Protection Authority (DAPs) provide progress reports, every two months, on the status of their biggest GDPR investigations. The message is clear: the authorities are increasingly enforcing data privacy and protection laws with rising risks and exposure for companies as a result.

In this session, topics of discussion include:

• Demystifying common misconceptions around key GDPR requirements

• Contrasting the UK's Data Protection and Digital Information Bill and the data privacy laws of the US

• Understanding where these obligations exist in the context of creating or following programmes tied to corporate social responsibility

• Appreciating the role of a Data Protection Officer (DPO) and whether your DPO holds the position required by Art. 37-39 GDPR

» What are the baseline requirements for cybersecurity to be effective

• Dealing with breaches of data protection and privacy laws

» To whom do you report, and when?

» Best strategies for working with CNIL

CORPORATE CULTURE, ETHICS & RESPECT FOR HUMAN RIGHTS

Yves Alloueket

Data Protection Officer

Groupe ST Dupont

Fabrice Naftalski

Partner | Global EY Data Privacy Law Leader

Ernst & Young France

Anne Renard

Director of the Compliance and Certification Department

Lexing Alain Bensoussan Avocats

Securing Upper Management and Employee Buy-In for Ethical Behaviour and Respect for Human Rights: Practical Strategies for Company-Wide Messaging, Training, and How to Resonate Compliance efforts are most effective when they are integrated into a company's culture and values. A company that only focuses on meeting legal requirements without cultivating a culture that values ethics and respects human rights, isn’t effectively eliminating the possibility of corruption or creating an environment where the potential for corrupt practices is diminished.

• Unpacking the role of leadership in embedding ethics and compliance into corporate culture

» Convincing leadership that business ethics will help, not hinder, business

» Examples of successful and non-successful engagement by leadership

• The importance of developing or updating the company Code of Ethics

• Getting employees and other stakeholders involved in the fight against corruption

» Considering when appointing a Chief Compliance Officer makes the most sense for your business

• Helping directors appreciate the bottom line: Director and parent company liability

Dominique Dedieu Avocate fondatrice 3Dtic Avocats

Emmanuel Dunet-Larousse Legal Director, Compliance, and Internal Controls Groupe coopératif Maïsadour

Stephanie Scouppe Chief Ethics Officer Groupe APD

Interviewed

AND ECONOMIC SANCTIONS

Mastering the Complex Landscape of Global Sanctions: Developing a Compliance Programme that Balances Obligations and Operational

• Unpacking the sanctions that France is currently subject to: EU sanctions, UN sanctions, and national sanctions

» Considering the penalties for non-compliance

• Learning the US-imposed sanctions that Franco-American companies are subject to

• Discovering the best practices for ensuring your supply chain is not in violation of any sanctions

• Best practices for mitigating risks associated with sanctions on Russia and China

• Proven solutions for ensuring your supply chain is not in violation of any sanctions

» Due diligence, screening and monitoring: how far down the supply chain do you go?

• Leveraging existing due diligence programme resources to strengthen sanctions due diligence: where can they overlap, and where can they not?

Realities

Alain Roman

Vice President Compliance & Regulations

Safran Landing Systems

Michaëlle Durand

Regional Chief Compliance Manager

DB Schenker

Sabrina Medaghri Alaoui

Risk & Compliance Specialist

Dow Jones

Networking Cocktail Reception

DAY TWO: 10 OCTOBER 2023

8h30  Registration and Breakfast

9h30

Opening Remarks from the Chairs

10h15   SUSTAINABILITY REPORTING AND ESG SUPPLY CHAIN DUE DILIGENCE

The New Era of ESG Obligations and Their Impact: Everything You Need to Know About Sustainability Compliance, from the EU Reporting Directive to Supply Chain Due Diligence, and Beyond

The EU’s Corporate Sustainability Reporting Directive (CSRD) and Corporate Sustainability Due Diligence Directive (CSDDD) are the culmination of an increasingly global trend towards accountability and transparency regarding human rights and environmental considerations in companies’ operations and corporate governance. In addition to the CSRD and CSDDD, many French companies have ESG obligations flowing from France’s Duty of Vigilance law and potentially other national due diligence laws, depending on the territorial scope of their clients or suppliers.

• Unpacking the CSRD and your reporting obligations therein:

» To whom does this directive apply?

» Reviewing the draft European Sustainability Reporting Standards (ESRS) proposed by the European Financial Reporting Advisory Group (EFRAG)

» Exploring the best practices for transitioning from the Non-Financial Reporting Directive (NFRP) to the CSRD

• Unpacking the CSDDD

» Comparing and contrasting the French due diligence laws (Duty of Vigilance and Sapin II) with those of the European Commission (the CSRD and CSDDD)

• Appreciating the global scope of these obligations and what they mean for your business:

» Germany’s Act on Corporate Due Diligence Obligations in Supply Chains

» UK’s Modern Slavery Act

» The US Uyghur Forced Labor Prevention Act

Dominique Dedieu Founding Lawyer

3Dtics Avocats

Tariel Chamerois Director of CSR, Sustainable Development and Urban Transportation

DB Schenker

Noëlle Lenoir Founding Lawyer

Noëlle Lenoir Avocats

Former Minister of European Affairs

Rozenn Le Sommer Head of Sustainable Performance La Banque Postale

François Jambin Chief Compliance Officer EDF

Julie Vallat Vice President of Human Rights L’Oréal

Astrid Mignon Colombet Partner August Debouzy

Opening Keynote with EFRAG

Patrick de Cambourg Chair Sustainability Reporting Board, EFRAG

Break

Interviewed by:

INTERNAL INVESTIGATIONS PART I: NEW AFA AND PNF GUIDANCE

Conducting Internal Investigations Amid New AFA and PNF Guidance: The Factors that Companies Need to Consider When Deciding Whether to Adopt the Guidance

In March 2023, the PNF and AFA released their final Guide on conducting internal bribery and corruption investigations. This first session of our two-part series on internal investigations will focus on the Guidance and best practices during an internal investigation; Part II will focus on cross-border investigations and plea negotiations.

• An overview of the finalized Guide and comparison with the 2022 draft Guide

» Exploring the situations where it may not be feasible to incorporate the Guide

• Weighing the advantages and disadvantages of complying with the Guide from an operational standpoint

• Complying with the Guide from a legal standpoint (i.e., when considering whether seeking a CJIP is the right strategy versus going to trial)

» Considering the importance of professional secrecy and confidentiality in investigations

» Appreciating the French judicial and legislative cadence of holding directors and parent companies liable

• Comparing the cost of a CJIP to the cost of going to trial

Francois Jambin Chief Compliance Officer

EDF

Marie Perrault

Partner

Joshua Société d’avocats

Eric Russo

Partner

Quinn Emanuel Urquhart & Sullivan LLP

Former PNF Prosecutor

Interview with the PNF

Jean-François Bohnert Director Parquet national financier

Stéphane Bonifassi Lawyer Bonifassi Avocats

13h00   Networking Luncheon for Attendees and Speakers

14h15   RISK MAPPING CASE STUDY: HUMAN RIGHTS VIOLATIONS

The Best and Newest Practices for Human Rights Risk Mapping: Concrete Strategies for Identifying Ranking and Mitigating Risk

Although the concept of risk mapping sounds straightforward, in practice, it can be challenging for companies to effectively identify and manage risks. Human rights risk mapping presents unique, heightened challenges; companies must not only identify, rank, and mitigate or eliminate the risk of human rights violations in their own company, but for all their business relationships too. This session will discuss:

• Which behaviors, actions, or inactions can constitute a violation of a human right and need to be mapped

• Which industries are considered higher risk and why

• The sources that can be used to help you identify whether a human rights violation has occurred or is likely to occur

• The factors that should be included in your decision matrix for ranking the risks (severity and probability)

• Which controls, aside from third party due diligence when onboarding and creating a whistleblowing system, can be employed to reduce or remove risk

• How often a company should review their internal controls

• The next steps following discovery of an adverse impact or high risk of an adverse impact

» When can you realistically mitigate the likelihood of an adverse impact occurring in your business relationships and when should you walk away?

» Where along the supply chain the risk should be managed

» When must you report adverse event, and to whom?

Sol Castagnino

Human Rights Officer

Eramet

Christian Dargham Partner

Norton Rose Fulbright LLP

Camille Ghilardi

Manager, Human Rights

Takeda

Moderator: Julie Vallat

Vice President of Human Rights

L’Oréal

Networking Break

15h30  Keynote on the EU Commission’s Proposed Harmonized Framework to Combat Corruption

Bernard Cazeneuve Partner

August Debouzy

Former Prime Minister of France

16h00   INTERNAL INVESTIGATIONS PART II: SELF-DISCLOSURE AND COOPERATION CREDITS ACROSS BORDERS

Comparing Self-Disclosure and Cooperation Credits in France, the UK, and the USA: Developing A Cross-Border

Strategy That Reconciles Different Agency Policies

In Part II, this session will continue the discussion of internal investigations, but in the unique context of cross-border allegations. In this multi-jurisdictional panel, speakers will unpack the PNF’s new Guidance on CJIPs; the DOJ’s new policies and Guidance; and the UK policies on cooperation credits, with a focus on:

• Highlighting where the policies differ, and where they are the same

• Analysing which jurisdiction to select for the first disclosure, and why

• Unpacking the evidentiary issues, including legal privilege and the Blocking Statute

» When can settlement discussions and documents commence new legal investigations?

» Should companies follow the AFA/PNF Guide and not use the same lawyer in negotiations as the one they used during their internal investigation?

• Best practices from logistical and operational standpoints for coordinating a cross-border disclosure and negotiation with authorities

17h00

RISK MARKET CASE STUDY: AFRICA

The Realities of Operating in Africa: Overcoming Heightened Due Diligence and Risk Mapping Challenges

Although there are many opportunities for growth and investment in Africa, the market is considered high-risk and so requires heightened anti-corruption and human rights’ controls, unique to the realities of operating in Africa.

• Addressing risk factors unique to Africa such as political instability and the prevalence of informal business practices

• Balancing the need to be appreciative of cultural norms in Africa with the need to be compliant with Sapin II and other international and national laws

• Ensuring compliance Best practices for complying with Sapin II along with international and local anti-corruption laws as well as laws relating to data privacy, labour, and environmental standards

» Reviewing the new guidance from AFA on effective compliance programmes

18h00   Conference Concludes

Daniel S. Kahn

Partner

Davis Polk & Wardwell LLP (USA)

Karen Coppens

Solicitor in England and Wales

Qualified to practice law in France

Patrick Rappo Partner

Reed Smith LLP

Moderator: Astrid Mignon Colombet Partner

August Debouzy

Samy Doss Regional Compliance Officer Glencore (North and Central Africa)

Ghalia Souidi Chief Compliance Officer General Electric

Nicolas Tollet Partner Hughes Hubbard & Reed LLP

VENUE INFORMATION Bed

Hilton Paris La Défense

2 Pl. de la Défense, 92800 Puteaux, France

Reservations: +33 1 46 92 10 10

C5 Group is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “C5’s Anti-Corruption France”.

Please note that the guest room block cut-off date is September 8, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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