Trump's Executive Order On Corruption: What It Means For U.S. Companies

President Donald Trump issued an executive order on Monday directing newly installed Attorney General Pamela Bondi to halt new Foreign Corrupt Practices Act investigations and enforcement actions for 180 days.

The order also calls for a review of existing FCPA matters to “restore proper bounds” on enforcement.

During a six-month period, Bondi is tasked with reviewing current policies and guidelines governing the Department of Justice’s approach to FCPA enforcement. The goal, according to the executive order, is to issue updated policies that “prioritize American interests, American economic competitiveness with respect to other nations, and the efficient use of Federal law enforcement resources," according to Trump's order. 

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The FCPA, which prohibits companies and individuals from offering or paying bribes to foreign government officials to obtain or retain business, has been a target of criticism by Trump for over a decade. 

However, enforcement of the law remained stable during his first administration, with no significant changes in approach or the number of resolved actions.

The executive order comes after New York City Mayor Eric Adams was indicted on charges that he allegedly accepted bribes from a Turkish official, including free flights and discounted hotel stays. The DOJ moved to dismiss the indictment against Adams on the same day Trump signed the order, citing political matters rather than the merits of the evidence. 

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Some view it as a transparent use of prosecutorial power by the Trump administration to turn Adams into an ally, Jacob Eisler, a professor at Florida State University, told The Economist.

The implications of the executive order for U.S. companies remain unclear. While the Securities and Exchange Commission shares jurisdiction with the DOJ over FCPA violations involving publicly traded companies, it is likely that the administration’s priorities will also apply to other enforcing bodies.

Despite the temporary halt in FCPA enforcement, global law firm Morgan Lewis said companies should still prioritize compliance with anti-corruption laws, as the risk of future enforcement remains. 

Statutes of limitations for FCPA violations extend beyond a single administration’s tenure, and companies may have related obligations under separate U.S. regulatory regimes, like those applicable to government contractors.

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