On February 10, 2025, President Donald J. Trump signed Executive Order 14209, titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.” That order marked a major shift in the federal government’s approach to Foreign Corrupt Practices Act (FCPA) enforcement, pausing most new FCPA actions for 180 days and directing the Department of Justice (DOJ) to align enforcement priorities with broader national interests, including economic competitiveness, foreign policy prerogatives, and the dismantling of transnational criminal organizations.

Key Objectives of Executive Order 14209

The order seeks to prevent what it characterizes as the overreach of FCPA enforcement and reduce unnecessary burdens on American companies engaged in overseas business. Specifically, it directs the DOJ to:

• Cease all new FCPA investigations or enforcement actions, unless an exception is granted by the attorney general.
• Review all existing FCPA cases to determine whether they align with the revised enforcement priorities.
• Issue updated enforcement guidelines that prioritize cases implicating national security, economic harm to U.S. interests, and serious criminal misconduct.

The administration’s position is that misuse of the FCPA may unfairly penalize American businesses for customary commercial practices abroad and inadvertently harm U.S. strategic interests.

New DOJ Guidelines for FCPA Investigations

In response to the order, the DOJ has released a memorandum setting forth new prosecutorial guidelines, with a clear emphasis on three overarching principles:

1. Targeting Criminal Misconduct by Individuals – Enforcement efforts should focus on individuals engaged in clear, corrupt behavior – not on diffuse or vaguely attributed corporate liability.
2. Considering Collateral Consequences Early – DOJ attorneys must consider the broader economic and operational impacts of an investigation on a U.S. business, including the potential harm to employees and lawful operations, throughout the lifecycle of a case –not only at resolution.
3. Streamlining Investigations – FCPA inquiries are expected to proceed expeditiously, avoiding drawn-out reviews that could unnecessarily burden U.S. companies.

Importantly, authorization for any new investigation must now come from the assistant attorney general for the Criminal Division or higher, a significant procedural gatekeeping measure.

Substantive Priorities for FCPA Enforcement

The DOJ’s new criteria for evaluating whether to pursue an FCPA investigation or prosecution are broken down into four key focus areas:

1. Targeting Cartels and Transnational Criminal Organizations (TCOs)

The administration has linked corruption enforcement to its broader strategy of dismantling international cartels and TCOs, now designated in many cases as foreign terrorist organizations. According to the DOJ, FCPA resources should prioritize cases involving:

• Bribery that facilitates the operations of cartels or TCOs;
• Shell companies or financial vehicles tied to money laundering for these organizations; and
• Public officials corrupted by these groups to further criminal enterprise.

This pivot frames corruption as a facilitator of organized crime and national security threats.

2. Safeguarding Fair Competition for U.S. Companies

The DOJ will now give heightened attention to FCPA violations that have caused identifiable harm to U.S. businesses, including the loss of contracts or market access due to corrupt foreign competitors. This approach aims to rebalance enforcement to protect U.S. economic interests rather than penalize routine interactions in countries with different legal or cultural standards.

3. Advancing U.S. National Security Objectives

FCPA cases that implicate U.S. national security – especially those involving bribery in connection with critical infrastructure, defense, intelligence, or strategic resources – will receive top priority. Misconduct that compromises American access to vital resources or technologies will be treated as a serious threat.

4. Avoiding Enforcement Against Routine Business Practices

Citing statutory exceptions under the FCPA for facilitating payments and local lawful conduct (15 U.S.C. § 78dd-1(b), (c)), the DOJ is instructed to deprioritize minor or de minimis violations, especially where foreign law explicitly permits the conduct or where the value involved is low. Focus should instead remain on serious violations involving:

• Substantial or repeated bribes;
• Sophisticated concealment schemes; and
• Fraud and obstruction of justice.

Ongoing Review and Next Steps

The executive order requires the DOJ to complete its review of all ongoing FCPA matters by August 2025. In evaluating current enforcement actions, the department will consider both prosecutorial discretion and whether continuing such cases aligns with the new priorities.

Notably, this policy is non-binding on the public and does not create enforceable rights. It is a guidance document for federal prosecutors, reflecting the administration’s evolving approach to international anti-corruption enforcement.

What This Means for Government Contractors and Multinational Companies

For U.S. businesses – particularly government contractors and multinational enterprises – the current pause in FCPA enforcement presents a strategic opportunity to:

• Reevaluate internal compliance programs to ensure alignment with the DOJ’s new priorities;
• Identify any ongoing investigations and assess whether they fall within the deprioritized categories; and
• Use the 180-day review window to proactively engage with DOJ officials, if appropriate, regarding the status of existing matters.

Companies operating in high-risk regions or industries should remain vigilant. While enforcement may slow or shift in focus, conduct that implicates national security, economic harm to U.S. businesses, or criminal links to TCOs will remain a serious liability.

Conclusion

Executive Order 14209 signals a significant recalibration of U.S. anti-corruption policy. While some view this pause as a necessary check on regulatory overreach, others warn it may weaken global anti-bribery standards. Regardless, for the next several months, FCPA enforcement will be filtered through a new lens – one that prioritizes national security, economic competitiveness, and prosecutorial discretion over strict liability.

Companies with cross-border operations should remain engaged and informed as this new enforcement landscape takes shape.