Abstract
Loi Sapin II of 2016 has marked a major shift in France’s efforts against transnational corruption. The law significantly extends France’s extraterritorial jurisdiction, by allowing its authorities to punish any foreign person (natural or legal) who commits corruption offenses abroad, provided only that such person carries out ‘its economic activities either in whole or in part’ in France. This jurisdictional reach, arguably based on a wide understanding of the protective principle, goes partly beyond the already extensive approaches adopted respectively in the US Foreign Corrupt Practices Act and the UK Bribery Act. The new French approach, while dubious in customary international law, might still find support in several multilateral instruments against corruption. By increasing the risk of conflicts of jurisdiction in transnational corruption cases, it urges states to develop policy and legal solutions to better coordinate and distribute prosecutions.
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