Trump Signs Executive Order To Pause FCPA Prosecutions, Citing Economic Competitiveness

Donald Trump signed an executive order instructing the Justice Department to temporarily halt prosecutions of Americans accused of bribing foreign government officials while pursuing business deals abroad.

The executive order aims to enhance American economic competitiveness by updating enforcement guidelines for the Foreign Corrupt Practices Act (FCPA) of 1977, according to a fact sheet shared with Reuters. The White House emphasized the need for a more balanced approach to ensure that U.S. companies are not at a disadvantage compared to their international competitors.

During the signing ceremony in the Oval Office, Trump acknowledged that the decision was controversial. “It takes courage to sign this because you only get bad publicity when you do,” he said.

Under the order, Attorney General Pam Bondi is required to pause FCPA enforcement until new guidelines are established that prioritize American competitiveness. Future investigations and enforcement actions will be governed by this revised guidance, which must receive the attorney general’s approval.

The White House contends that aggressive enforcement of the FCPA has placed American businesses at a competitive disadvantage by restricting practices that are common among global competitors. The fact sheet highlights the importance of securing strategic advantages in critical sectors such as minerals, deepwater ports, and key infrastructure to bolster national security.

In 2024, the Justice Department and the Securities Exchange Commission reported 26 FCPA-related enforcement actions, with at least 31 companies still under investigation by the end of the year.