On February 10, 2025, President Donald Trump issued an executive order directing the attorney general to pause, for a period of 180 days, new enforcement actions under the Foreign Corrupt Practices Act (FCPA). The federal bribery law prohibits certain classes of persons and entities from making payments to foreign government officials in order to secure an improper business advantage.
Specifically, during this period, the order directs the attorney general to:
- “[C]ease initiation of any new FCPA investigations or enforcement actions,” subject to individual exceptions at the discretion of the attorney general.
- Conduct a detailed review of all existing FCPA investigations or enforcement actions and “take appropriate action” concerning such matters “to restore proper bounds on FCPA enforcement and preserve Presidential foreign policy prerogatives.”
- Issue updated guidelines and policies to, among other things, “prioritize American interests … and the efficient use of Federal law enforcement resources.”
The executive order also gives the attorney general authority to extend the review period for an additional 180 days, and, after a review of prior enforcement actions and issuance of revised guidelines and policies, determine whether additional actions, including “remedial measures with respect to inappropriate past FCPA investigations and enforcement actions are warranted.” Where warranted, the order instructs the attorney general to take such actions or, if presidential action is necessary, recommend such action to the president.
The executive order, which states that “[c]urrent FCPA enforcement impedes the United States’ foreign policy objectives” and, as a result, implicates the president’s “authority over foreign affairs,” seeks to “eliminat[] excessive barriers to American commerce abroad” that “harms American economic competitiveness and … national security” resulting from “overexpansive and unpredictable FCPA enforcement against American citizens and businesses.”
While the executive order directs the temporary suspension of new FCPA investigations, it does not provide specificity regarding what may constitute “overexpansive” or “unpredictable” enforcement under the FCPA. Nor does it discuss the Foreign Extortion Prevention Act enacted in December 2023, which addresses the “demand side” of foreign bribery matters, criminalizing the request, receipt and acceptance of bribes.
Further guidance from the Department of Justice (DOJ) will be necessary in order to obtain greater clarity of the full implications of this executive order for individuals and companies that are currently under investigation by the DOJ, or that were previously subject to FCPA enforcement actions.
See the full Executive Briefing publication
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