Comment
On February 10, 2025, President Donald Trump signed an executive order directing the U.S. attorney general, Pam Bondi, to pause Foreign Corrupt Practices Act (FCPA) actions for 180 days until she issues revised FCPA enforcement guidance to “prioritize American interests, American economic competitiveness with respect to other nations, and the efficient use of Federal law enforcement resources.” (For background on the order, see our February 11, 2025, article “Trump Orders Attorney General To Temporarily Pause FCPA Enforcement .”)
The executive order appears to refer to corporate enforcement and does not discuss individual prosecutions or enforcement of the Foreign Extortion Prevention Act (which penalizes demand-side foreign bribery). Importantly, it also specifies that after revised guidelines or policies are issued, the attorney general is to determine whether additional actions, including remedial measures “with respect to inappropriate past FCPA investigations and enforcement actions, are warranted.”
A White House fact sheet describes the rationale for the executive order as an effort to stop “excessive, unpredictable FCPA enforcement that makes American companies less competitive.” The fact sheet states that FCPA “overenforcement” harms U.S. companies because it prohibits them from engaging in practices common to international competitors.
For further information, please contact:
Maria Cruz Melendez, Partner, Skadden
maria.cruzmelendez@skadden.com
