In a move aimed at bolstering American economic competitiveness and national security, President Donald J. Trump signed an executive order today temporarily halting enforcement of the Foreign Corrupt Practices Act (FCPA).
The order, titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security,” directs the Attorney General to review and revise FCPA enforcement guidelines, citing concerns that overzealous enforcement has harmed U.S. foreign policy interests and economic growth.
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The FCPA, enacted in 1977, prohibits U.S. companies and individuals from bribing foreign officials to secure business advantages. However, the Trump administration argues that the law has been “systematically stretched beyond proper bounds,” creating unnecessary barriers for American businesses operating abroad. The executive order asserts that aggressive FCPA enforcement has undermined U.S. foreign policy objectives, hindered American companies’ ability to compete globally, and ultimately weakened national security.
“American national security depends in substantial part on the United States and its companies gaining strategic business advantages, whether in critical minerals, deep-water ports, or other key infrastructure or assets,” the order states. It further claims that excessive FCPA enforcement has wasted prosecutorial resources and harmed the economic interests of the United States.
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The executive order outlines a 180-day review period during which the Attorney General is directed to:
- Cease initiating new FCPA investigations or enforcement actions, except in exceptional cases.
- Review all ongoing FCPA investigations and take steps to align them with the administration’s foreign policy and economic priorities.
- Issue updated enforcement guidelines to ensure FCPA enforcement supports the President’s constitutional authority over foreign affairs and promotes American economic competitiveness.
The Attorney General may extend the review period by an additional 180 days if deemed necessary. Following the review, any new or continued FCPA investigations must be specifically authorized by the Attorney General and adhere to the revised guidelines.
The order also leaves open the possibility of remedial actions for past enforcement cases deemed inappropriate.
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