On May 12, 2025, the U.S. Department of Justice (DOJ) issued a memorandum outlining revised guidelines for investigations and enforcement under the Foreign Corrupt Practices Act (FCPA), following President Trump’s January 2025 Executive Order. The new directives prioritize cases that threaten national security, involve international cartels or transnational criminal organizations, or undermine fair competition for American companies abroad.
The DOJ will now focus on serious misconduct involving specific individuals, especially in cases with clear evidence of corrupt intent. Enforcement efforts will target bribery schemes tied to strategic sectors such as defense, infrastructure, and critical minerals, as well as foreign bribery that supports cartels or flows through shell companies and money laundering networks.
Cases where U.S. businesses were unfairly excluded from foreign markets due to corruption will also be prioritized. The guidelines reaffirm FCPA exceptions for facilitating payments and legitimate expenses that are lawful under local regulations. Prosecutors must act swiftly, consider broader impacts on lawful business, and evaluate whether foreign authorities are able and willing to pursue the same misconduct.
