On February 10, 2025, President Trump issued an Executive Order directing the Attorney General to pause Foreign Corrupt Practices Act (FCPA) investigations and prosecutions pending the review of all FCPA guidelines and past and existing FCPA investigations and actions. Following this 180-day review period, the Attorney General is directed to issue revised FCPA enforcement guidance that will govern all future or existing FCPA investigations and prosecutions. These revised guidelines will require the Attorney General to "specifically authorize" future FCPA investigations and prosecutions. The Executive Order requires the Attorney General to determine if any "remedial measures" are warranted to address "inappropriate past FCPA" actions.
The Executive Order, titled "Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security," states that the mandated review is intended to address "overexpansive and unpredictable FCPA enforcement." The fact sheet accompanying the Executive Order states that "U.S. companies are harmed by FCPA overenforcement because they are prohibited from engaging in practices common among international competitors, creating an uneven playing field." · Download
