Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security
This is an Executive Order issued by President Donald J. Trump on February 10, 2025, titled “Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security.” It directs the Attorney General to pause new FCPA investigations and enforcement actions for 180 days to allow a formal policy review of how the FCPA is enforced. During the review, the AG must examine existing investigations, potentially adjust enforcement guidelines to better align with Presidential foreign policy authority and U.S. economic interests, and issue updated guidelines. The order also authorizes a possible extension of the review for another 180 days. After the revised guidelines are issued, both ongoing and new FCPA matters must follow those guidelines and receive explicit authorization from the AG. It briefly contemplates remedial actions for past investigations if warranted and reaffirms that the order does not create new rights or violate applicable law. In short, the order pauses and recalibrates FCPA enforcement to emphasize presidential foreign policy prerogatives and U.S. economic competitiveness, at the cost of immediate enforcement activity for half a year (potentially longer) while a new set of guidelines is developed.
Key Points
- 1180-day pause and review: For 180 days after the order, the Attorney General must review FCPA enforcement and guidelines, stop initiating new investigations/enforcement actions unless an exception is made, and thoroughly reassess existing investigations to restore appropriate bounds and presidential prerogatives; updated guidelines should prioritize Article II authority, American economic competitiveness, and efficient use of resources.
- 2Possible extension: The Attorney General may extend the review period for an additional 180 days if deemed appropriate.
- 3Post-review enforcement framework: Any FCPA investigations or enforcement actions begun or continued after the revised guidelines are issued must follow those guidelines and must be specifically authorized by the Attorney General.
- 4Remedial actions after review: After the revised guidelines are issued, the Attorney General will determine whether remedial measures related to past FCPA investigations and enforcement actions are warranted and, if necessary, recommend actions to the President.
- 5Legal framework and safeguards: The order includes severability, general provisions about implementing consistent with law and appropriations, and explicitly states it does not create new rights enforceable by private parties.