Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act

Last February, President Trump issued an executive order pausing the Foreign Corrupt Practices Act (FCPA). The order directed the Attorney General to refrain from initiating any new FCPA investigations for a period of 180 days and to issue updated guidelines for government FCPA investigations. The Department of Justice has now issued the new FCPA guidelines. The guidelines provide a list of factors that prosecutors should consider in evaluating whether to pursue FCPA claims. Among the factors is an instruction not to penalize “routine business practices in other nations.” Rather, the focus of enforcement should be on “misconduct that bears a strong indicia of corrupt intent,” like bribes or efforts to obstruct justice.