The UK, France, and Switzerland Form New Anti-Corruption Enforcement Task Force

The UK, France, and Switzerland have announced the formation of a new International Anti-Corruption Prosecutorial Task Force (the "Task Force") to address international bribery and corruption. The Task Force seeks to promote the exchange of insights and strategy, as well as to advance cooperation and collaboration on corruption cases. In the future, the Task Force intends to invite other "like-minded" agencies to join.  

The UK, France, and Switzerland have a long history of collaborating with each other on high-profile corruption cases. Over the past decade, authorities from these countries have also worked together with law enforcement authorities in the United States on several high-profile anti-corruption enforcement actions. 

While not explicitly in response to changes in enforcement of foreign bribery announced by the United States, the Task Force was formed about 40 days after the U.S. announcement. As described in our prior Commentary, on February 10, President Donald Trump issued an Executive Order directing Attorney General Pam Bondi to pause all new U.S. Department of Justice ("DOJ") Foreign Corrupt Practices Act ("FCPA") investigations and enforcement actions for 180 days and to review existing cases "in detail." The order cited the president's concerns that the FCPA has put U.S. businesses at a competitive disadvantage. While the FCPA enforcement pause signals a significant enforcement shift, it does not change any obligations under the FCPA or other anti-corruption laws. The FCPA remains in effect and, as such, continues to carry compliance obligations for companies and individuals subject to U.S. jurisdiction. 

The formation of the Task Force demonstrates that the UK, France, and Switzerland are committed to strengthening their anti-corruption enforcement efforts, despite the pause on FCPA enforcement by U.S. authorities. This also highlights the growing role of the Task Force countries in leading multijurisdictional bribery cases, particularly since the advent of additional enforcement tools such as deferred prosecution agreements in the UK or conventions judiciaires d’intérêt public in France.

The Task Force serves as a reminder that there remains a risk of anti-corruption enforcement, especially given the far-reaching jurisdiction of the anti-bribery laws in the Task Force countries, and that companies continue to need effective compliance programs to mitigate corruption risks.

Therefore, companies should:

• Ensure that they have effective compliance programs in place to prevent and detect misconduct as well as to mitigate potential liability; 
• Monitor the developments and guidance from the Task Force and other relevant authorities; and
• Seek legal advice if they face issues or inquiries from enforcement authorities.