Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security
The order immediately halts all new Justice Department investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA) — the main U.S. anti-bribery law governing American companies operating abroad — while the Attorney General conducts a 180-day review and rewrites the governing enforcement guidelines.
It signals a major policy shift away from aggressive FCPA prosecution, which the order characterizes as harming American economic competitiveness and foreign policy objectives, and requires that any future FCPA enforcement cases be personally authorized by the Attorney General under new, narrower guidelines.
What this order does
What it orders
The order directs the Attorney General to immediately stop opening any new FCPA investigations or enforcement actions for a 180-day review period, unless the Attorney General personally grants an individual exception. During that same window, the Attorney General must also review all existing FCPA cases and take action to "restore proper bounds" on enforcement, and must issue updated guidelines or policies that prioritize American foreign policy prerogatives, economic competitiveness, and efficient use of law enforcement resources. The Attorney General may extend the review period by another 180 days.
Once the new guidelines are issued, every FCPA investigation or enforcement action must be specifically authorized by the Attorney General and governed by the revised rules. The Attorney General must then determine whether additional actions — including remedial measures for past FCPA cases — are warranted, and either take those actions or recommend Presidential action when required. A standard severability clause preserves the rest of the order if any provision is struck down.
Who it affects
American companies and individuals who conduct business abroad and are subject to FCPA anti-bribery rules, current and future DOJ prosecutors handling FCPA cases, foreign governments or entities involved in active FCPA investigations, and foreign nations whose companies compete with U.S. businesses for infrastructure and resource contracts.
Why it matters
Ongoing FCPA prosecutions can be wound down or paused, and new cases cannot be opened without personal sign-off from the Attorney General. American companies facing or anticipating FCPA scrutiny for overseas business dealings gain immediate relief from new enforcement, while the scope of the anti-corruption law's reach may permanently narrow under revised guidelines.
What must happen and when
How the order is supposed to work
The pause is self-executing at signing: DOJ must stop filing new FCPA cases immediately. The 180-day review runs concurrently with case-by-case scrutiny of pending matters. At the end of the review, the Attorney General publishes new enforcement guidelines — the trigger for the second phase, in which all FCPA actions require personal AG authorization. The AG holds discretion to extend the moratorium a further 180 days. After guidelines issue, the AG must separately assess whether past enforcement actions warrant remedial measures and either act or escalate to the President.
Actions and deadlines
- Cease initiation of all new FCPA investigations and enforcement actions, absent individual AG exception
- Review in detail all existing FCPA investigations and enforcement actions and take appropriate corrective action
- Issue updated FCPA enforcement guidelines or policies prioritizing American interests and Presidential foreign policy authority
- Extend the review and pause period if the Attorney General determines it is appropriate
- Determine whether remedial measures for past FCPA enforcement actions are warranted and act or recommend Presidential action