FCPA Enforcement Not Forgotten: DOJ Issues New Guidelines

Takeaways

• DOJ's new FCPA guidelines focus on cases that impact national security, economic competitiveness, or involve transnational criminal organizations.
• Minor or customary payments and cases where foreign authorities can prosecute may fall outside enforcement priorities.
• U.S. companies remain at risk and should reassess compliance programs, particularly in high-risk sectors or regions.

Four months ago, President Trump "paused" enforcement of the Foreign Corrupt Practices Act (FCPA) because, in the words of his Executive Order, the Administration was concerned the FCPA was being "stretched beyond" its purpose and was harming economic competitiveness. His Executive Order directed the U.S. Department of Justice (DOJ) to issue "updated" guidance and policies for FCPA matters. On June 9, 2025, Deputy Attorney General Todd Blanche complied with this directive and issued a memorandum entitled "Guidelines for Investigations and Enforcement of the Foreign