High Authority

The Foreign Influence Register

Law N°2024-850 of 25 July 2024, aimed at preventing foreign interference in France, mandates the High Authority to maintain a register of foreign influence actions, which will be created shortly. This mechanism aims to strengthen the transparency of influence actions carried out in France.

Foreign influence strategies are a legitimate component of international relations. Their objective is to enhance a state’s activities and positioning on the international stage by promoting their own interests through interactions with representatives or public opinion from another state.

By regulating the foreign influence activities that are declared and made public, this register helps better identify and prevent the risk of foreign interference, which aims to destabilize a state’s institutions and undermine the integrity of its national interests.

Upon publication and entry into force of the implementing decree of the law of 25 July 2024, aimed at preventing foreign interference in France, any person acting on behalf of a foreign principal with the aim of influencing a decision or the conduct of public policy will be required to register in a digital directory, managed and controlled by the High Authority for Transparency in Public Life.

What is a person acting on behalf of a foreign principal?

This refers to any natural or legal person who, on behalf of a foreign principal, undertakes actions intended to influence public decisions or the conduct of public policy at the local or national level, or to influence France’s European or foreign policy.

The notion of « foreign principal » includes:

_Foreign states outside the European Union;

_Legal entities controlled, financed or directed (directly or indirectly) by such states;

_Foreign political parties or political groups established outside the European Union.

What will they have to declare?

Registered persons must declare:

_Their identity (name, contact details, managers, etc.);

_The influence activities carried out;

_The resources used for these actions;

_The identity of the foreign principal concerned and the foreign power for which the activity is carried out.

Three types of foreign influence activities are covered by the law:

_Communications with public officials;

_Communications aimed at the public;

_Payments or fundraising without compensation.

What information will be available?

When registering on the directory, individuals acting on behalf of a foreign principal must provide a set of specific information. This includes:

_The identity of the organisation (name, contact details, identity of the directors);

_The individuals employed to carry out the influence activities;

_The identity of foreign principals on whose behalf these actions are carried out, namely the foreign powers concerned, entities that are directly or indirectly directed, controlled, or financed for more than half by a foreign power, as well as foreign political parties and groups outside the European Union.

Once registered, individuals acting on behalf of a foreign principal must submit regular declarations:

_Quarterly reports detailing the influence activities carried out;

_Annual declaration of the resources used for these activities of the resources used, including : the number of people employed in these activities and, where applicable, the turnover generated by them for each client, the total amount of expenditures devoted to establishing contacts with public officials.

What are the applicable ethical rules?

Natural or legal persons exercising influence on behalf of a foreign client are subject to a set of ethical obligations.

In their interactions with public officials, they must indicate:

_Their identity,

_The organisation for which they work,

_The interests or entities they represent.

They must refrain from offering or providing any advantage of significant value, and from inciting public officials to violate the ethical rules applicable to them.

What oversight does the High Authority exercise?

The High Authority ensures compliance with reporting obligations, particularly the completeness and accuracy of the information reported.

It has the power to conduct document-based and on-site verifications. When a person or entity fails to comply with a request from the High Authority, it may impose a penalty payment of up to €1,000 per day of delay.

Individuals who fail to comply with their obligations are liable to a criminal penalty of three years’ imprisonment and a fine of €45,000.

Legal entities are liable to a fine of €225,000 and penalties of exclusion from public procurement, a ban on issuing checks, confiscation, public display of the penalty, and a ban on receiving any public aid for five years or more.