Feb. 10, 2025 – Despite the recent executive order issued by the Trump administration which temporarily pauses the enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days while reviewing existing and new investigations, it would be premature to assume that the Department of Justice (DOJ) will cease pursuing companies in violation of the FCPA. The administration’s actions are primarily focused on protecting U.S. businesses and national interests. The order does not signal an end to the DOJ’s enforcement of the FCPA; rather, it may shift the DOJ’s focus toward investigating non-U.S. companies to safeguard U.S. economic interests and national security.
The U.S. will continue to utilize the FCPA strategically, likely directing its efforts toward non-U.S. entities and individuals. It is also important to note the broad extraterritorial reach of U.S. criminal law, which extends to activities impacting interstate or foreign commerce. As the DOJ adjusts its enforcement priorities, the SEC will continue to retain jurisdiction over foreign bribery cases and may pursue civil actions where the DOJ chooses not to take further action. With regulatory, geopolitical, and technological developments continuing to shape the enforcement landscape, companies—especially those based outside the U.S.—must remain proactive in their compliance efforts. Leveraging technology and expert guidance will be critical to navigating the complexities of U.S. law.
Pausing FCPA Enforcement to further US Economic and National Security.
