Overview
On February 10, 2025, President Donald Trump issued an executive order pausing new Foreign Corrupt Practices Act (FCPA) investigations for 180 days (the EO). The EO directs the US Department of Justice (DOJ) to review existing matters, guidelines, and policies governing FCPA enforcement and investigations, and to issue updated guidance that advances US national security and economic interests.
In response, on June 9, 2025, US Deputy Attorney General Todd Blanche issued “Guidelines for Investigations and Enforcement of the FCPA” (the Guidelines). In remarks the following day, the Head of DOJ’s Criminal Division, Matthew R. Galeotti, announced that the Criminal Division would resume enforcement of the FCPA “firmly but fairly.”
While bribery is briefly identified as a focus area in the DOJ’s May 2025 White Collar Enforcement Plan, the Guidelines represent the first substantive FCPA-specific guidance issued by the DOJ following the EO. They give insight into the types of investigations and enforcement actions we expect to see going forward – and, most importantly, they indicate that the DOJ will continue to hold companies and individuals accountable for foreign corruption.
In Depth
FOUR FACTORS
The Guidelines direct prosecutors to apply four non-exhaustive factors when determining whether to pursue FCPA investigations or enforcement actions.
- Connection to Cartels and Transnational Criminal Organizations (TCOs): The DOJ will prioritize matters with a demonstrable nexus to cartel or TCO operations, consistent with a January 2025 EO designating such organizations as foreign terrorist threats. Prosecutors should consider whether the alleged conduct:
- Is associated with the criminal operations of a cartel or TCO;
- Involves shell companies or money launderers linked to cartels or TCOs; or
- Involves foreign officials who have received bribes from cartels or TCOs.
- Harm to US Business Interests: The DOJ will focus on foreign bribery that harms the competitiveness of US businesses. The Guidelines specify that enforcement will not turn on where a company is headquartered, but whether the conduct:
- Deprived specific and identifiable US entities of a fair opportunity to compete; and/or
- Caused economic harm to specific US companies or individuals.
Prosecutors are also directed to assess whether foreign officials’ demands harmed identifiable US entities in Foreign Extortion Prevention Act (FEPA) cases, which address the demand side of bribery.
- Focus on Defense, Intelligence, and Critical Infrastructure Sectors: The DOJ will prioritize cases involving the bribery of foreign officials where the misconduct could harm US national security interests. The Guidelines state that FCPA enforcement will focus on sectors such as defense, intelligence, critical minerals, and strategic infrastructure.
- Serious and Egregious Misconduct: The DOJ will deprioritize enforcement of “de minimis or low-dollar generally accepted business courtesies,” and focus on high-impact corruption involving:
- “Substantial” bribe payments;
- Sophisticated concealment of bribes;
- Fraudulent conduct used to facilitate the scheme; and
- Obstruction of justice.
ADDITIONAL CONSIDERATIONS
The Guidelines emphasize that these four factors are not exhaustive and that prosecutors must also consider broader DOJ policies and case-specific circumstances, including:
- Justice Manual Standards: The Principles of Federal Prosecution remain applicable and require evaluation of the nature and seriousness of the offense, deterrent value, and overall interests of justice.
- Procedural Posture of the Case: Ongoing matters – such as those involving filed indictments or executed corporate resolutions – may be treated differently from investigations in their preliminary stages.
- Potential Role of Foreign Law Enforcement: To prioritize cases for US involvement, prosecutors are instructed to consider whether a foreign law enforcement authority is willing and able to investigate the same misconduct.
CONCLUSION
The new Guidelines represent a marked shift toward a more targeted and strategic approach to FCPA enforcement. While the overall volume of enforcement activity may decline, companies operating in high-risk sectors or jurisdictions – particularly those with exposure to cartels, national security interests, or direct competition with US businesses – should remain vigilant. Compliance programs should continue to prioritize high-impact risk areas and be prepared for heightened scrutiny in cases involving serious or systemic misconduct.
At the same time, multinational companies should note that enforcement risk may shift rather than disappear. In March 2025, regulators from the United Kingdom, France, and Switzerland launched the International Anti-Corruption Prosecutorial Taskforce, a multilateral initiative to coordinate cross-border investigations and prosecutions of foreign bribery. This taskforce may fill gaps left by reduced US enforcement, particularly in matters involving European operations or foreign officials. As US priorities narrow, companies should anticipate continued – and in some cases increased – scrutiny from non-US enforcement authorities.
