FCPA Enforcement Reinstated: DOJ’s Updated Guidelines Shift Focus to US Interests and Strategic Risks

On February 10, 2025, a presidential executive order suspended Foreign Corrupt Practices Act (FCPA) enforcement for 180 days and directed the Department of Justice (DOJ) to reassess its approach, aligning future FCPA enforcement more closely with U.S. foreign policy and economic priorities.

According to an article by Fenwick, on June 9, the DOJ released updated guidelines for initiating and pursuing FCPA investigations. These changes reflect a strategic pivot in enforcement, emphasizing the protection of American business interests, national security, and the efficient use of federal resources.

The DOJ’s new framework directs prosecutors to prioritize cases involving individual criminal misconduct over corporate liability, streamline investigations to reduce burdens on businesses, and weigh the economic and operational consequences of enforcement. Prosecutors are now expected to focus on conduct that deprives specific US companies of fair market opportunities, reserving enforcement for serious, covert schemes rather than minor, customary payments abroad. Additionally, sectors relevant to national security, such as critical infrastructure and intelligence, will be subject to heightened scrutiny.

Importantly, alleged FCPA violations linked to cartels or transnational criminal organizations (TCOs), which the administration recently designated as foreign terrorist organizations, will be treated with increased severity. Prosecutors must also consider whether foreign authorities are better positioned to address certain misconduct, and will now need high-level DOJ approval before initiating FCPA actions.

For compliance leaders, FCPA enforcement is becoming more selective and principle-driven, with a stronger focus on aligning legal action with US strategic goals. Legal departments should reassess their global risk profiles and compliance protocols in light of this narrowed but intensified enforcement posture.