Over the last few months, there has been a significant shift in how the U.S. government is approaching the Foreign Corrupt Practices Act (FCPA).
What are the changes and what do they mean for your operations?
Clear priority as an enforcement tool
The shift began on February 10, 2025, when President Donald Trump issued an Executive Order suspending enforcement of the Foreign Corrupt Practices Act (FCPA) to allow for the Department of Justice (DOJ) issue updated guidelines. On June 9, 2025, these new Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (“the Guidelines[CR2] [BM3] ”) were issued by US Deputy Attorney General Todd Blanche.
These updated Guidelines, reinforcing themes “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime” from the Executive Order, places a clear priority on using FCPA enforcement as a tool to protect and strengthen broader US economic and national security interests.
As noted in Deputy Attorney General Blanche’s memorandum, the changes are twofold:
- Limiting undue burdens on American companies operating internationally.
- Effectively targeting enforcement against conduct that directly undermines U.S. national interests.
The DOJ intends to achieve this by focusing on cases involving individual criminal misconduct, expediting investigations, and considering the broader impact on lawful businesses and their employees.
Four factors
The Guidelines highlight four factors that the DOJ will now prioritize when deciding to pursue FCPA investigations and enforcement actions and what these mean for your business:
1. The Total Elimination of Cartels and Transnational Criminal Organizations (TCOs)
The DOJ will focus on companies that have business dealings involving connection to Cartels or TCOs, including money launderers or shell companies that engage in money laundering for Cartels or TCOs, or are linked to employees of state-owned entities or other foreign officials who have received bribes from Cartels or TCOs.
2. The Safeguarding of Fair Opportunities for US companies
The DOJ will prioritize cases where non-U.S. companies bribe foreign officials to obtain business that impacts US companies and other law-abiding competitors from competing fairly, or which results in economic harm to American companies or individuals.
3. Advancing U.S. National Security
The DOJ will focus on corruption in sectors critical to U.S. national security, such as defense, intelligence or critical infrastructure.
4. Prioritizing Investigations of Serious Misconduct
The DOJ will concentrate on cases with strong evidence of corruption, such as substantial bribe payments, proven and sophisticated efforts to conceal bribe payments, fraudulent activities supporting bribery schemes, and obstruction of justice. The Guidelines noted that FCPA investigations and prosecutions should not be focused on routine business practices or “low-dollar, generally accepted business courtesies.”
Steps you can take
Take the following steps to stay ahead of the impact of the new Guidelines:
- Assess your corruption risks: The DOJ will continue to investigate and prosecute violations of the FCPA. It’s more critical than ever to evaluate your company’s exposure to corruption risks.
- Maintain strong compliance programs: Review and maintain strong anti-corruption compliance programs that effectively mitigate those risks.
- Conduct thorough due diligence: Effective research and due diligence to identify any potential links to cartel and TCO in business partners, third-party vendors and supply chains will be a vital component of an effective compliance program.
- Be aware of Non-U.S. entities: Non-U.S. companies competing with U.S. businesses or operating in the sensitive sectors can expect closer scrutiny.
- Investigate potential violations: While smaller technical violations of the FCPA may not lead to DOJ action, companies should still investigate these violations to ensure that they are not indicative of a larger compliance failure or gaps in internal controls that would permit more significant violations.
- International enforcement: Other countries have become increasingly active in investigating and prosecuting allegations of corruption over the past fifteen years. That trend is likely to continue. Notably, in March 2025, the UK, France, and Switzerland announced the creation of the International Anti-Corruption Prosecutorial Taskforce through which they intend to cooperate on anti-corruption enforcement. The Guidelines specifically note that prosecutors should consider the likelihood of enforcement by the authorities of another company when considering whether to pursue a particular investigation or prosecution.
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