On February 10, 2025, President Trump signed an executive order (EO) directing the Department of Justice (DOJ) to pause enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days. During this period, Attorney General Pam Bondi is tasked with reviewing and issuing revised enforcement guidelines. The EO also mandates that any future FCPA investigations or enforcement actions receive direct approval from the Attorney General.
The EO explains the pause by asserting that FCPA enforcement has placed U.S. companies at a competitive disadvantage internationally. It emphasizes that “overexpansive and unpredictable FCPA enforcement against American citizens and businesses…for routine business practices in other nations not only wastes limited prosecutorial resources but actively harms American economic competitiveness.”
The enforcement pause creates many uncertainties, including the possibility of fundamental changes to FCPA corporate enforcement in the U.S. Nevertheless, it is crucial for companies to approach the situation with caution. While the DOJ may temporarily halt FCPA enforcement, the law itself remains in effect at this time. Engaging in practices that could be construed as bribery or corruption may still carry significant legal and reputational risks. Additionally, other jurisdictions continue to enforce their own anti-bribery laws, and international business partners may have stringent compliance requirements.
We recommend that companies maintain their current anti-bribery compliance programs and continue to adhere to established anti-corruption policies. It is advisable to monitor any updates from the DOJ regarding revised enforcement guidelines and consult with legal counsel to assess potential impacts on your operations. Maintaining a strong commitment to ethical business practices will help safeguard your company against potential legal challenges and uphold your reputation in the global marketplace.
- Partner
Jamie Godsey is an experienced litigator and investigations lawyer. She represents clients in a broad range of litigation matters such as trade secret litigation, contract disputes, employment and energy sector disputes ...
- Partner
Heather Hatfield represents clients in corporate investigations, white-collar crime investigations and defense involving the Foreign Corrupt Practices Act (FCPA), complex contract disputes, oil and gas litigation ...
- Partner
Blake Runions assists clients with broad range of business disputes and investigatory matters, including partnership disputes, internal investigations, and commercial litigation.
Prior to joining the Firm, Blake worked in the ...
Recent Posts
- Breaking Alert: New Executive Order Temporarily Pauses FCPA Enforcement
- Best Practices to Ensure Compliance with Upcoming Data Protection Regulations
- Government Signals Focus on AI Enforcement and Data Protection
- CSF 2.0 – An Expanded Cybersecurity Framework for all Organizations
- Anti-Corruption Enforcement: 2023 Year-In-Review
- ComEd Settlement Proves the Foreign Corrupt Practices Act Is Not Limited to Foreign Corruption
- Compliance Challenges Arising from the Use of ChatGPT and Artificial Intelligence
- Human Resources Compliance Audits (Part 2)
- Human Resources Compliance Audits (Part 1)
- U.S. Attorneys’ Offices Implement New Voluntary Self-Disclosure Policy
TopicsSelect Category
ArchivesSelect Month
- February 2025
- June 2024
- April 2024
- March 2024
- February 2024
- October 2023
- September 2023
- August 2023
- June 2023
- March 2023
- February 2023
- November 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019