主动和被动影响力交易构成犯罪，并包括仅推测但尚未实施影响力的情况。法国将国际公职人员、国际组织当选成员或国际司法人员的主动影响力交易定为犯罪。然而，若影响力交易涉及外国公职人员或外国议员所作的决定，则不属犯罪。
Active and passive trading in influence constitutes an offence, and includes situations in which influence is supposed but has not been exerted. France criminalizes active trading in influence with an international public official, an elected member of an international organization or members of the international judicial services. However, trading in influence is not an offence when it relates to a decision taken by a foreign public official or by a member of a foreign parliament.