FCPA Enforcement Pause Ordered Pending 180-Day Justice Department Review

The order gives the Attorney General 180 days for the review, which may be extended by a further 180 days. It frames the change around the President's Article II authority over foreign affairs and the competitiveness of American companies abroad.

What the order requires

• No new cases: during the review period, the Attorney General is to cease initiating any new FCPA investigations or enforcement actions, unless the Attorney General determines that an individual exception should be made.
• Review of existing matters: all existing FCPA investigations and enforcement actions are to be reviewed in detail, with appropriate action taken to restore proper bounds on enforcement.
• New guidelines: the Attorney General is to issue updated guidelines or policies, as appropriate, to promote the President's foreign affairs authority and American economic competitiveness.
• Past actions: the Attorney General may determine whether additional measures are needed in relation to past FCPA investigations and actions considered inappropriate.

What it does not change

The order does not repeal the FCPA, which remains federal law and is enforced by the Department of Justice and, for issuers, the Securities and Exchange Commission. The statute's anti-bribery and accounting provisions continue to apply, and the order does not make conduct during the review period lawful. Foreign anti-bribery laws, such as the UK Bribery Act 2010, and enforcement by other countries are unaffected.

Who is affected

While the FCPA enforcement pause lasts, US issuers, domestic concerns and foreign companies within FCPA jurisdiction face a period of uncertainty rather than a change in the law. Companies with open investigations may see matters reassessed, while compliance teams must weigh the reduced near-term US enforcement risk against continuing exposure in other jurisdictions and under the statute's longer horizon. The content of the revised guidelines, expected at the end of the review period, will set the tone for future US enforcement.

Sources

• The White House: Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security (10 February 2025)
• US Department of Justice: Foreign Corrupt Practices Act