Department of Justice Issues Updated FCPA Guidelines
On June 9, 2025, the U.S. Department of Justice (“DOJ”) issued updated Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act [1]. The Guidelines comply with President Trump’s February 10, 2025 Executive Order 14209 [2] and follow Attorney General Pam Bondi’s February 5, 2025 Memorandum [3], both of which focus on prioritizing “American interests, American economic competitiveness with respect to other nations, and the efficient use of Federal law enforcement resources.”
The Guidelines are designed to ensure that FCPA investigations and prosecutions are carried out according to E.O. 14209 by “(1) limiting undue burdens on American companies that operate abroad and (2) targeting enforcement actions against conduct that directly undermines U.S. national interests.” The DOJ will shift focus from general FCPA investigations and more heavily concentrate on targeting misconduct associated with the criminal activity of cartels or transnational criminal organizations.
Notwithstanding the DOJ’s relaxation of FCPA investigations and prosecutions as described above, the FCPA has a five-year statute of limitations for civil and criminal violations of FCPA’s anti-bribery provisions, with a possible extension of up to three years if the DOJ seeks additional evidence from foreign authorities. Therefore, potential violations of FCPA that occur now could result in an investigation in the future.
Perhaps of greater significance, the Guidelines provide that the DOJ will conduct investigations and bring prosecutions under the Foreign Extortion Prevention Act when specific and identifiable American companies and individuals have been harmed by foreign officials’ demands for bribes. This would appear to be designed to encourage prosecution of a U.S. company for bribing a foreign official to secure a contract if that bribery prevents a competitor U.S. company from securing the same business opportunity.
Finally, companies should also be mindful that, despite this shift of the DOJ’s enforcement priorities, other countries like the UK and across the EU and Latin America, continue to enforce anti-corruption and anti-bribery laws, as does the OECD. The shift in policy does not relieve the DOJ from working and communicating with foreign governments, as required by mutual legal assistance agreements.
We will continue to monitor developments on the FCPA. Please do not hesitate to reach out if you have any questions.
This publication and/or any linked publications herein do not constitute legal, accounting, or other professional advice or opinions on specific facts or matters and, accordingly, the author(s) and PierFerd assume no liability whatsoever in connection with its use. Pursuant to applicable rules of professional conduct, this publication may constitute Attorney Advertising. © 2025 Pierson Ferdinand LLP.
[1] https://www.justice.gov/dag/media/1403031/dl
[2] https://www.govinfo.gov/content/pkg/FR-2025-02-14/pdf/2025-02736.pdf
