President Trump signed an executive order in February that paused all of the Department of Justice investigations under the Foreign Corrupt Practices Act. Perhaps lesser noticed was that the pause was to allow a review of enforcement policies. That review has happened and new guidelines are out.
According to the memorandum, the Justice Department will resume investigating FCPA cases with a narrowed focus “to ensure that FCPA investigations and prosecutions are carried out in accordance with President Trump’s directive by (1) limiting undue burdens on American companies that operate abroad and (2) targeting enforcement actions against conduct that directly undermines U.S. national interests.” It also shifts the enforcement mechanism against individuals that have engaged in criminal misconduct and “and not attribute nonspecific malfeasance to corporate structure”.
Of course all of this could be become moot at any time and the DOJ could expand back to more wide-ranging prosecutions. Trump could change his mind and decide he like FCPA enforcement. Of course, the next administration could take a different position and companies will have to consider the statute of limitation on their actions being prosecuted.
Sources:
- Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security
- Memorandum from the Deputy Attorney General 06.09.2025_0.pdf
- Justice Dept. to Take Narrow Approach to Prosecuting Corporate Bribery Abroad by Glenn Thrush in the New York Times
- Head of Justice Department’s Criminal Division Matthew R. Galeotti Delivers Remarks at American Conference Institute Conference