Raising questions about the future of U.S. anti-corruption policy, President Trump has temporarily paused enforcement of the Foreign Corrupt Practices Act (FCPA),.
An Executive Order (EO) signed on Feb. 10, 2025, Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security, directs the attorney general to review ongoing FCPA cases, halt new enforcement actions, and issue revised guidelines that align with the Trump administration’s foreign policy and policies to support the global economic competitiveness of American companies. The enforcement freeze will last at least 180 days, with the option for an extension.
Despite this EO, the Securities and Exchange Commission (SEC) maintains that FCPA compliance remains a priority, signaling that businesses should not relax their internal controls.
What This Means for Companies
For now, businesses subject to the FCPA should continue their anti-corruption compliance programs. The law itself has not changed, and its requirements—including maintaining accurate books and records and implementing internal controls—still apply. The pause in enforcement does not eliminate legal or reputational risks, particularly for companies operating internationally.
It’s also important to note that this EO does not affect the Foreign Extortion Prevention Act (FEPA), which criminalizes foreign officials who solicit or accept bribes. Additionally, companies must remain mindful of international anti-corruption laws, such as the U.K. Bribery Act, which continue to apply.
While the future of FCPA enforcement is uncertain, companies should reinforce their “tone at the top” and maintain compliance programs to ensure long-term stability. A strong corporate compliance program enhances decision-making, investor trust, and legal protection—regardless of shifting enforcement policies.
Key Takeaways
- The Executive Order pauses new FCPA enforcement actions for at least 180 days.
- Existing FCPA investigations are under review, with potential changes ahead.
- The SEC has not modified its commitment to enforcing FCPA compliance.
- The Foreign Extortion Prevention Act (FEPA) remains in effect, criminalizing bribery solicitations by foreign officials.
- Companies should continue their anti-corruption compliance programs to mitigate legal and reputational risks.
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