On June 9, 2025, the Department of Justice (DOJ) released updated guidelines governing the enforcement of the Foreign Corrupt Practices Act (FCPA), signaling a more focused and strategic approach to foreign bribery cases. The new guidance follows the February 2025 Executive Order that temporarily paused FCPA enforcement and reflects a deliberate policy shift emphasizing national interest and enforcement efficiency.
Key Takeaways from the New Guidelines
The June 9th guidance outlines four primary factors prosecutors must consider before initiating or continuing FCPA investigations:
- Links to Cartels or Transnational Criminal Organizations—DOJ will prioritize cases involving corrupt payments tied to cartels, organized crime, or broader criminal networks.
- Harm to U.S. Business Interests—Investigations will focus on misconduct that unfairly disadvantages U.S. companies competing abroad.
- Threats to National Security—Corrupt payments involving sensitive sectors—such as energy, defense, infrastructure, or high technology—will be treated as higher risk.
- Seriousness of the Misconduct—Enforcement will center on egregious violations involving large payments, complex concealment efforts, or obstruction—not isolated or low-dollar violations.
In addition, the DOJ has instituted new procedural controls, requiring senior-level approval for all new FCPA investigations. Prosecutors are also directed to consider the collateral consequences of enforcement actions, particularly for companies that voluntarily self-disclose, cooperate, and remediate.
Compared to the prior policy in effect before the February pause, the new guidance significantly narrows the scope of FCPA enforcement:
- Routine facilitation payments or technical accounting violations are now less likely to prompt DOJ scrutiny.
- Cases lacking a clear nexus to U.S. strategic interests may be closed or declined altogether.
- The DOJ has already reviewed and closed several pending FCPA matters that do not align with the new priorities.
Practical Implications for Companies
Importantly, the June 9th guidance confirms that the current administration intends to continue enforcing the FCPA, albeit with a more selective and risk-based approach. In light of the announcement, companies doing business internationally should take the following steps:
- Reassess risk exposure. Evaluate whether operations intersect with sectors or regions that may trigger heightened DOJ interest under the new criteria.
- Revisit internal reporting and investigation procedures. Ensure allegations of serious misconduct are escalated appropriately and addressed promptly.
- Continue to prioritize compliance. The DOJ reiterated its expectation that companies maintain effective compliance programs, particularly those that incentivize early detection and voluntary disclosure.
- Train strategically. Compliance and commercial teams should understand how the DOJ’s revised priorities impact day-to-day business interactions in high-risk jurisdictions.
Companies with cross-border operations should also continue to monitor developments and ensure compliance programs remain responsive to evolving enforcement trends.
[View source.]
