Procurement Risk:
High
Score:
43/100
Government Policy
Q57
63/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. European Union Directive 2009/81/EC modified national laws on the markets of the various member…
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France does have legislation that covers Defence and security procurement with a superficial mention of corruption risks: Article 45 of Order n°2015-899 of July…
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With secrecy applying to defence and security procurements, it is hard to say whether exceptions are a few or numerous. We can however say…
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Q58
75/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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Decree n°2016-361 of March 25, 2016 on defence and security procurements [1] formalises all procedures for the entire defence procurement cycle, from assessment of…
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General procurement is formalised by law and disclosed to the public at all steps of the process. Additionally, Decree n°2016-361 on defence and security…
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Decree n°2016-361 of March 25, 2016 on defence and security procurements [1] details policies and procedures for each step of the implementation process of…
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Q59
67/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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The “Sapin 2” law of 2016 [1] created the French Anti-corruption Agency (AFA) whose purpose is “to help the competent authorities and the persons…
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With the AFA only becoming operational in 2018, its efficiency cannot be fully evaluated. Early indications have been positive and it has conducted a…
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Oversight institutions publish comprehensive evidence of their activity. The AFA publishes annual reports that give an overview of its yearly activities [1] and regularly…
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The latest white paper on defence and national security was issued in 2013. [1] It is the fourth white paper published since the beginning…
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Notice of planned acquisitions is not precise and clear enough for oversight agencies and civil society to debate the necessity of the proposed purchases…
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Capability Gap and Requirements Definition
Q62
38/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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Q63
75/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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Procurement requirements are derived from the Military Programming Law (LPM), that sets strategic orientation and equipment renewal and acquisition objectives for 6 years. However,…
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Scrutiny is conducted on a regular basis by the Defence Committee of the National Assembly, by the Defence and Foreign Affairs Committee of the…
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The MOAF bases its major purchases on the clearly identified requirements defined in both the yearly Finance Law and the LPM, [1] but there…
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Tender Solicitation, Assessment and Contract Award
Q64
50/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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According to order n°2015-899 of July 23, 2015 [1] and Decree n°2016-361 of March 25, 2016 on defence and security procurements, [2] it is…
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Members of the Defence Committees of the National Assembly and the Senate, or even parliamentarians part of an information mission, can request information about…
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Q65
50/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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Officials with a role in designing tender specifications, or in tender board decisions, are subject to general regulations that are designed to prevent conflict…
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In its investigations, the Cour des Comptes can have access, “a posteriori” and upon request to the MOAF, to an audit trail detailing individuals…
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There is no Code of Conduct for tender boards. The existing legislation, the “Sapin 2” law [1] and order Order n°2015-899 of July 23,…
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Members of the Defence Committees of the National Assembly and the Senate, or even mere parliamentarians part of an information mission can request information…
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Q66
69/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Article 48 of Order n°2015-899 of July 23, 2015 defines collusion as a situation where “the persons in respect of whom the buyer has…
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Since 2013, regulation concerning fraud in public procurement has been enhanced. The legislator decided in 2013 (with the law on the fight against tax…
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The recent ICS case shows that it is up to judges to carry out independent investigations and prosecutions through formal processes, as the Ministry…
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There is evidence that procurement officials within the Ministry of the Armed Forces receive training on ethics – including prevention of bribery and corruption…
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Contract Delivery and In-Service Support
Q67
25/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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There is training for Ministry of the Armed Forces (MOAF) staff on how to monitor, assess and report on public procurement and outsourcing, [1]…
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Information on armament contracts is rarely released. An interviewee [1] explained that contracts offered by the MOAF do not need to be publicised. The…
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Procurement offices do not conduct reporting and delivery obligations. Contracts awarded by the MOAF can be handled outside of the general legal framework for…
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The way subcontractors are handled is opaque to the extent that it is difficult to determine whether breaches of contract are acted upon or…
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Q68
75/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Companies can complain to the administrative court. This right is codified by articles L 551-1 and L 551-2 of the Administrative Justice Code. [1]…
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Not a substantial number of complaints being filed in front of the administrative justice was found, despite this mechanism being free (apart from the…
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French company Verney-Carron openly spoke out in the media [1] about its dissatisfaction on how bidding for the contract for precision rifles for the…
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Clear legislation does exist to exclude companies and senior company officials where there is a conviction or credible evidence of corruption-related offences. According to…
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Once cases are in the hands of the administrative judge or the PNF, like for the ICS case, they are investigated and prosecuted through…
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According to the “Sapin 2” law on transparency and anti-corruption of 2016, [1] public agents, French or foreign, corrupt or corrupting, can face up…
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Offset Contracts
Q70
0/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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France does not appear to have an official offset policy which makes it difficult to evaluate how often or in what manner it engages…
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France does not appear to have an official offset policy which makes it difficult to evaluate how often or in what manner it engages…
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France does not appear to have an official offset policy which makes it difficult to evaluate how often or in what manner it engages…
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France does not appear to have an official offset policy which makes it difficult to evaluate how often or in what manner it engages…
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France does not appear to have an official offset policy which makes it difficult to evaluate how often or in what manner it engages…
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Agents / Brokers
Q73
NEI/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
View QuestionFinancing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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Details of the financing package are not publicly available. There may be no information on whether a financing package exists at all. According to…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. France is a major arms manufacturer and seller. As a buyer, it closely assesses…
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This indicator is not assigned a score in the GDI. Planned acquisitions of military equipment are listed in the LPM, which aims at detailing…
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This indicator is not assigned a score in the GDI. Almost no acquisitions are granted as a result of domestic political pressures. For instance,…
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