On June 9, 2025, the U.S. Department of Justice issued a memorandum providing updated guidelines for investigations and enforcement of the Foreign Corrupt Practices Act (FCPA). The memorandum responds directly to the executive order issued by President Trump on Feb. 10, 2025, which directed the attorney general to “pause” FCPA enforcement for 180 days and to issue “updated guidelines or policies” on FCPA enforcement. See February 2025 GT Alert.
The memorandum outlines new guidelines intended to ensure that FCPA investigations and enforcement align with President Trump’s directive by:
- Limiting undue burdens on American companies operating abroad, and
- Targeting conduct that directly undermines U.S. national interests.
To meet these objectives, the memorandum states that prosecutors should consider, at a minimum, four factors when pursuing FCPA investigations and enforcement:
- Alleged misconduct relating to cartels and TCOs. There is an emphasis on cartels (and other designated Foreign Terrorist Organizations (FTOs)) and Transnational Criminal Organizations (TCOs) which may be particularly relevant for companies operating in Mexico and other Latin American countries where FTO and cartel presence is significant and interactions may be difficult to detect and control.
- Safeguarding fair opportunities for U.S. companies. This factor focuses on leveling the playing field and expanding—or removing barriers to—business opportunities abroad for U.S. companies. It may result in increased attention to misconduct by foreign (non-U.S.) companies competing against U.S. companies, and more focus on the “demand side” of bribery (i.e., enforcement against foreign officials soliciting bribes).
- Advancing U.S. national security. The memorandum states that U.S. competitors “often exploit rather than discourage corruption,” which can harm U.S. national security interests, particularly in sectors such as defense, intelligence, and critical infrastructure.
- Prioritizing serious misconduct. The DOJ seeks to focus less on improper payments related to “routine business practices” (such as facilitation or expediting payments or low-dollar business courtesies) and more on significant individual misconduct, “such as substantial bribe payments, proven and sophisticated efforts to conceal bribe payments, fraudulent conduct in furtherance of the bribery scheme, and efforts to obstruct justice.”
Key Takeaways
- The FCPA remains in effect. The law, enacted 48 years ago by Congress, has not been changed by the executive order or the memorandum.
- FCPA enforcement is resuming. The “pause” has concluded, and the DOJ is adopting a new enforcement approach consistent with the Trump administration’s policy priorities.
- Practical uncertainties. Companies should carefully consider how the new policy statement may affect their operations and risk profile. While the memorandum indicates a business-friendly approach, enforcement priorities can change during an administration and with each new administration.
- Ambiguity in the policy language. Certain concepts in the memorandum are not expressly defined and may be subject to evolving interpretations. For instance, “advancing national security” could evolve to include additional industries and business sectors not listed in the memorandum. Similarly, the “serious misconduct” standard may change based on policy or political priorities.
- Focus on individuals. The memorandum continues the DOJ’s commitment to individual accountability, with particular emphasis on serious criminal misconduct with “strong indicia of corrupt intent” and higher-value transactions. The DOJ also will concentrate on individuals with specific and defined roles in corrupt activity, rather than attributing vague or non-specific wrongdoing to corporate entities.
The memorandum provides insight into the DOJ’s current approach to FCPA investigations and enforcement. However, the practical impact of these guidelines—both in terms of the DOJ resource deployment and potential company and individual targets—will become clearer in the coming months. In the interim, companies should continue to take FCPA compliance seriously and maintain and implement effective, risk-based compliance programs that encourage ethical conduct and demonstrate a commitment to comply with the law.
Learn about GT’s Global Anti-Corruption Enforcement & Compliance Practice.