Fact Sheet: President Donald J. Trump Restores American Competitiveness and Security in FCPA Enforcement

Fact Sheets

TLDR

The referenced executive order suspends FCPA anti-corruption enforcement actions, requiring Attorney General approval for future cases and new guidelines focused on U.S. competitiveness. It frames anti-corruption measures as disadvantaging U.S. companies in international markets, particularly regarding critical minerals, ports, and infrastructure projects.

This ‘fact sheet’ attempts to explain and justify a new executive order that represents a significant shift in the enforcement of the Foreign Corrupt Practices Act (FCPA).

Immediate Actions

  • Temporary suspension of all FCPA enforcement actions pending new guidelines
  • Review of existing and past FCPA cases
  • Future FCPA investigations will require direct Attorney General approval

Enforcement Changes

  • The Attorney General must develop new enforcement guidelines focused on American competitiveness
  • Existing investigations involving 31 companies and 26 enforcement actions from 2024 will be reviewed
  • The average of 36 FCPA-related enforcement actions per year over the past decade will likely decrease

Policy Implications

The order frames FCPA enforcement as a national security issue, suggesting that strict anti-corruption measures disadvantage U.S. companies in:

  • Critical minerals acquisition
  • Deep-water ports access
  • Strategic infrastructure development

The order claims FCPA enforcement infringes on presidential Article II foreign affairs powers

Potential Concerns

  • This order could significantly weaken anti-corruption enforcement mechanisms
  • May signal to international markets a reduced U.S. commitment to fighting business corruption
  • Could conflict with international anti-corruption treaties and obligations

Economic Impact

  • May provide U.S. companies more flexibility in international business practices
  • Could reduce compliance costs for U.S. corporations
  • Might affect U.S. reputation in international business communities

Historical Context

This represents a major shift from previous administrations’ approaches to FCPA enforcement, which had generally trended toward stricter implementation and broader interpretation. The order aligns with other Trump administration policies focused on reducing regulatory burdens on U.S. businesses and promoting “America First” economic policies.

ELIMINATING UNDUE BARRIERS TO U.S. SUCCESS: Today, President Donald J. Trump signed an Executive Order to restore American competitiveness and security by ordering revised, reasonable enforcement guidelines for the Foreign Corrupt Practices Act (FCPA) of 1977.

  • The Order directs the Attorney General to pause FCPA actions until she issues revised FCPA enforcement guidance that promotes American competitiveness and efficient use of federal law enforcement resources.
    • Past and existing FCPA actions will be reviewed.
    • Future FCPA investigations and enforcement actions will be governed by this new guidance and must be approved by the Attorney General.

AMERICAN SECURITY REQUIRES AMERICAN ECONOMIC STRENGTH: American national security depends on America and its companies gaining strategic commercial advantages around the world, and President Trump is stopping excessive, unpredictable FCPA enforcement that makes American companies less competitive.

  • U.S. companies are harmed by FCPA overenforcement because they are prohibited from engaging in practices common among international competitors, creating an uneven playing field.

  • Strategic advantages in critical minerals, deep-water ports, and other key infrastructure or assets around the world are critical to American national security.

  • FCPA overenforcement infringes upon the President’s Article II authority to conduct foreign affairs, necessitating this review and new enforcement policies.

  • Over time, FCPA interpretation and enforcement by U.S. prosecutors has broadened, imposing a growing cost on our Nation’s economy.

    • In 2024, the DOJ and SEC filed 26 FCPA-related enforcement actions, and at least 31 companies were under investigation by year end.

    • Over the past decade, there has been an average of 36 FCPA-related enforcement actions per year, draining resources from both American businesses and law enforcement.

PUTTING AMERICA FIRST: President Trump is committed to prioritizing American economic and security interests and ensuring U.S. businesses have the tools to succeed globally.

Since returning to office, President Trump has signed several executive actions aimed at enhancing American economic competitiveness, including an Executive Order to strengthen U.S. leadership in artificial intelligence (AI) and tariffs on Mexico, Canada, and China to protect the American people.   a 10-to-1 deregulation initiative, ensuring every new rule is justified by clear benefits

President Trump renegotiated trade deals, including the United States-Mexico-Canada Agreement (USMCA) to secure better terms for American workers and businesses.

President Trump has worked to cut burdensome regulations that hinder U.S. businesses, ensuring they can operate efficiently and competitively on the world stage.

President Trump: “We have to save our country. Every policy must be geared toward that which supports the American worker, the American family, and businesses, both large and small, and allows our country to compete with other nations on a very level playing field…”