On June 9, 2025, the U.S. Department of Justice (DOJ) issued new guidelines implementing Executive Order 14209, which temporarily halted new Foreign Corrupt Practices Act (FCPA) investigations and required a review of current cases. These new guidelines reflect a shift in FCPA enforcement toward cases that directly impact U.S. national security, harm American economic competitiveness, involve transnational criminal threats or include significant criminal conduct by individuals. Cases lacking these elements will be deprioritized.
Prosecutors will now focus more on bribery involving cartels and transnational criminal organizations (TCOs), especially where there is a link to money laundering or corrupt foreign officials. This focus aligns with the Trump administration’s broader efforts to label cartels as foreign terrorist organizations and dismantle their operations globally. Companies working in areas influenced by cartels—particularly in Latin America—should expect increased scrutiny if their operations intersect with criminal groups or compromised government entities. The DOJ also is prioritizing cases where bribery denies U.S. businesses fair access to global markets, marking a shift toward protecting American commercial interests and away from cases lacking clear indicia of economic harm to U.S. companies. Additionally, minor gifts or customary low-dollar business courtesies will no longer be an enforcement priority. Instead, the DOJ will focus on serious misconduct, such as large bribe payments, sophisticated concealment efforts, fraud tied to bribery schemes, and obstruction of justice. The June 9 guidelines also indicate that DOJ may decline to pursue enforcement if a credible foreign authority is willing and able to prosecute the same conduct. Prosecutorial discretion remains central, and all investigations must align with DOJ policies, including the Principles of Federal Prosecution.
As directed by EO 14209, the DOJ has been undertaking a 180-day review of all active FCPA investigations, which are supervised by DOJ’s Criminal Division. In remarks on June 10, the Head of the Criminal Division, Matthew R. Galeotti, clarified that the DOJ has already been applying the criteria set forth in the new guidelines in deciding whether to close or proceed with active FCPA cases. As the DOJ continues to reassess cases in line with its new guidelines, companies with international operations and interactions with government officials—as broadly defined under the FCPA—should continue to evaluate compliance risks, strengthen internal controls and remediate identified misconduct. While the DOJ’s newly announced FCPA enforcement focus may be narrower than during prior administrations, the Department still retains broad discretion to enforce the FCPA as it is written. As Galeotti underscored in his remarks, “priority connotes precedence, not exclusivity.” Statutes of limitations often extend beyond a presidential term and can be tolled under certain conditions, meaning that today’s misconduct may create a risk of liability that lasts for years. In addition, misconduct that violates the FCPA may breach other U.S. laws, such as those governing fraud, racketeering or money laundering. Both federal and state prosecutors may use such laws to pursue bribery cases. The SEC also is not necessarily tied to the DOJ’s approach when bringing civil FCPA actions against issuers on U.S. exchanges. Meanwhile, foreign regulators like the UK’s Serious Fraud Office have clearly signaled plans to increase their own enforcement efforts. And Galeotti emphasized that the Criminal Division “won’t hesitate to work with our foreign counterparts or domestic regulators to provide assistance and ensure that those countries and regulators can vindicate their interests and pursue their mandates.”
With the DOJ’s newly updated enforcement priorities in hand, companies with potential FCPA exposure should not view any changes as a relaxation of standards. The DOJ retains the authority to pursue serious violations, and overlapping legal regimes—including those enforced by the SEC, state and foreign regulators—ensure that foreign bribery remains a significant legal risk. Companies should remain proactive in monitoring compliance, identifying vulnerabilities and responding decisively to misconduct. For companies involved in global trade, a robust anti-corruption program remains essential to minimizing liability in an evolving enforcement landscape.