Pausing The FCPA

WHAT:

"Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security."

Not my words, folks; it's an Executive Order!

Per February 5 AG Memo, the Administration's clear, express focus is now on prosecuting "Cartels" and "Transnational Criminal Organizations." Outside of these parameters, the Executive Order mandates an extendable 180-day (a) pause in initiating new Foreign Corrupt Practices Act ("FCPA") investigations or enforcement actions and (b) review of existing investigations and enforcement actions to ensure "proper bounds on FCPA enforcement and preserve Presidential foreign policy prerogatives."

WHY:

The Executive Order claims "overexpansive and unpredictable" enforcement of "routine business practices in other nations". While massive bribes are likely not going to be considered "routine business practices," one clear intent is to eliminate the chilling effect FCPA prosecutions have on conducting business