Strengthening the Transparency and Integrity of Foreign Influence Activities in France
| Autor principal: | |
|---|---|
| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Paris :
Organization for Economic Cooperation & Development
2024.
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| Edición: | 1st ed |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009822999006719 |
Tabla de Contenidos:
- Intro
- Foreword
- Acknowledgements
- Executive summary
- Key findings
- Main recommendations
- 1 Responding to the risks of foreign interference: A priority for OECD countries
- 1.1. Introduction
- 1.2. From influence to foreign interference
- 1.3. Increased risk of foreign interference in a globalised world
- 1.4. The OECD's approach to the risks of foreign interference
- 1.4.1. Towards a common definition of foreign interference
- 1.4.2. Better characterisation of foreign interference
- 1.4.3. Raising the response to the risk of foreign interference
- 1.5. Transparency: An important lever for countering the risk of foreign interference
- References
- 2 Enhancing the framework for tackling foreign interference in France
- 2.1. Foreign interference: A priority for the French government
- 2.2. Foreign interference is a phenomenon well covered by the legal framework and public authorities in France
- 2.2.1. Crimes against the fundamental interests of the Nation in the Criminal Code
- 2.2.2. Controlling the financing of political parties and election campaigns
- 2.2.3. The system for combating breaches to integrity, including corruption, and trafficking of influence
- 2.2.4. The foreign investment screening mechanism
- 2.2.5. Measures to combat foreign digital interference
- 2.2.6. The framework for interest representation activities
- 2.3. The legal and institutional framework needs to be strengthened to better address the issue from the perspective of transparency in public life and breaches to integrity
- References
- 3 Strengthening the transparency of foreign influence in France through a dedicated scheme
- 3.1. Introduction
- 3.1.1. Strengthening public integrity through greater transparency
- 3.1.2. France's experience of lobbying regulation.
- 3.1.3. Establishing a framework dedicated to the transparency of foreign influence activities
- 3.2. Defining the foreign influence actors and activities covered by the transparency scheme
- 3.2.1. An adequate level of transparency of foreign influence activities should cover a wide range of foreign state interests that may benefit from them
- 3.2.2. To ensure an adequate level of transparency of foreign influence activities, the scheme should clarify what is meant by "acting on behalf of a foreign principal" and which entities or persons are likely to carry out these activities
- 3.2.3. The foreign influence activities covered by the scheme should take into account not only influence on decision-making processes, but also on public debate
- 3.2.4. In order to guarantee fundamental freedoms and fluid state-to-state relations, France's scheme on the transparency of foreign influence activities may include a list of legitimate exemptions
- 3.3. Defining the targets of foreign influence activities in the scheme
- 3.3.1. The public officials and entities likely to be targeted by foreign influence activities must be clearly specified and could include political parties and candidates in elections
- 3.3.2. The public decisions and democratic processes targeted could be extended to include foreign policy positions and electoral processes
- 3.3.3. Influence activities involving the promotion of the image, policies or relations of a foreign principal could also be included in the scheme
- 3.4. Defining transparency requirements for foreign influence activities
- 3.4.1. The legal framework could specify that registration within a reasonable registration period should be a prerequisite for any foreign influence activity for a specific foreign principal.
- 3.4.2. Reporting requirements should include accurate and regular information that highlights the key objectives of the activities
- 3.4.3. The disclosure system could include differentiated obligations for a list of foreign principals/foreign powers whose activities have been determined to pose a risk to the Nation's interests
- 3.5. Ensuring compliance with transparency obligations
- 3.5.1. The system could describe a specific list of breaches of the transparency obligations relating to foreign influence
- 3.5.2. The scheme could provide for prior notifications to facilitate compliance
- 3.5.3. The scheme could provide for a graduated system of sanctions ranging from administrative fines to criminal sanctions
- 3.6. Defining the institutional framework for administering, monitoring, investigating and imposing penalties
- 3.6.1. The French legislator could consider several scenarios in which the HATVP is entrusted with all or part of the implementation of the foreign influence scheme
- Scenario 1 - A separate foreign influence register administered by the HATVP
- Scenario 2 - A single register of representation of interests administered by the HATVP
- Scenario 3 - A separate registry under the responsibility of a new structure reporting to national security
- 3.6.2. The French legislator should ensure that the entity responsible for implementing the scheme has the necessary financial and human resources to carry out its mandate
- References
- 4 Reinforcing integrity standards applicable to foreign influence activities in France
- 4.1. Introduction
- 4.2. Reinforcing the ethical obligations applicable to public officials and interest representatives with regard to foreign influence
- 4.2.1. The foreign influence framework could clarify the responsibility of public officials and civil servants to enforce the legal framework.
- 4.2.2. The ethical rules applicable to interest representatives could be extended to actors covered by a framework for foreign influence
- 4.3. Enabling tighter controls on the professional careers of former public officials in foreign entities
- 4.3.1. The HATVP could be given greater powers to monitor the new professional careers of former public officials and civil servants within entities linked to foreign powers
- 4.3.2. Control over the new professional careers of former public officials could be extended beyond three years for influence activities within entities linked to foreign powers
- References
- Annex A. The Foreign Agents Registration Act (FARA) in the United States
- Description
- Scope and definitions
- Actors covered
- Decisions and public officials covered
- Types of activities covered
- Exceptions/exemptions
- Disclosure regime
- Initial registration
- Subsequent registrations and updates
- Data
- Registry administration, compliance and enforcement
- Violations and sanctions
- Impact and planned reforms
- References
- Annex B. The Foreign Influence Transparency Scheme (FITS) in Australia
- Description
- Scope and definitions
- Actors covered
- Decisions and public officials covered
- Types of activities covered
- Exceptions/exemptions
- Disclosure regime
- Initial registration
- Frequency of disclosures
- Specific obligations during voting periods
- Registry administration, compliance and enforcement
- Violations and sanctions
- References
- Annex C. The Foreign Influence Registration Scheme (FIRS) in the United Kingdom
- Description
- Scope and definitions
- Actors covered
- Types of activities, decisions and public officials covered
- Exceptions/exemptions
- Disclosure regime
- Types of information to disclose
- Frequency of disclosures
- Violations and sanctions.
- Registry administration, compliance and enforcement
- Annex D. Proposed Directive of the European Parliament and of the Council establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries
- Description
- Scope and definitions
- Actors covered
- Decisions and public officials covered
- Types of activities covered
- Exceptions
- Disclosure regime
- Types of information to disclose
- Frequency of disclosures
- Registry administration, compliance and enforcement
- Violations and sanctions
- Reviews
- References.
