Compliance: Has France leveled the playing field, or is the US adjusting to reality ?

The latest (2017) 'International Business Attitudes to Compliance' survey by Control Risks found more than two-thirds of respondents in France (67%) stating their compliance policy was applied worldwide, with no exceptions. This compares to just a little over half (51%) in the United States, widely considered to be the strictest in the field (indeed, being diametrically opposite to the French). One good example of the latter is a commentary in 'Forbes' about France's "somewhat laissez-faire approach to policing the ethical behavior of its corporations," with much of this work being left to US authorities.

The 'Forbes' commentary dates to early 2016, when the Sapin II bill was being finalised.

Now that Sapin II has become law, the Control Risks survey proves one of two things: Sapin II is already showing results, or that Americans are understanding the realities of 'think global, act local'.

There may also be a third conclusion - that standardizing and implementing ethical behavior in the real world is not realistic, and has never been. Indeed, the US Foreign Corrupt Practices Act (FCPA) does not include 'facilitation' payments under its definition of bribery, even though the payment may well be illegal under the laws of the country where it is made.

In effect, compliance will continue to pose unique challenges, as much for practitioners as for its police, and everyone else in between.