On February 5, a crucial change was introduced in the application of the Foreign Corrupt Practices Act (FCPA).
Through an executive memorandum, the FCPA unit of the Criminal Division was instructed to “prioritize investigations into foreign bribery that facilitate criminal activities of cartels and TCOs,” such as human smuggling, narcotics, and firearms trafficking.
Following this change, on February 11, President Donald Trump signed an executive order aimed at suspending proceedings against U.S. citizens accused of violations of the FCPA, as well as instructing the Attorney General to develop new guidelines for its enforcement.
In this context, companies must remain vigilant about the new guidelines and assess how these changes will impact the effectiveness of their compliance programs to mitigate risks related to bribery and corruption.
