On June 9, 2025, the United States Department of Justice (DOJ) released a memorandum titled “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA)” in compliance with Executive Order 14209. The new DOJ guidance shifts anti-corruption enforcement toward cases that impact U.S. strategic interests, such as national security, drug cartels, or transnational criminal organizations.
On June 9, 2025, the United States Department of Justice (DOJ) released a memorandum titled “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA)” in compliance with Executive Order 14209. The new DOJ guidance shifts anti-corruption enforcement toward cases that impact U.S. strategic interests, such as national security, drug cartels, or transnational criminal organizations (TCOs), or conduct that harms the competitiveness of U.S. businesses, while deprioritizing “routine” or low-value violations. Additionally, the initiation of new FCPA investigations is suspended (except with special approval), and a mandatory review of all pending cases must be conducted within 180 days.
Key Changes in FCPA Enforcement
• **Review of Pending Matters:** The DOJ must review all ongoing FCPA cases within this timeframe and decide whether to continue, modify, or close them in accordance with the new priorities.
• **Focus on Cartels and TCOs:** Bribery schemes linked to cartels or transnational criminal organizations, including payments benefiting them or involving officials colluding with them, will receive the highest priority.
• **Protection of U.S. Competitiveness:** Corruption that unfairly harms identifiable U.S. businesses, such as bribes affecting bidding processes or excluding U.S. bidders, will be prioritized.
• **National Security Considerations:** Bribery cases in strategic sectors such as defense, intelligence, critical minerals, ports, or other infrastructure key to U.S. security will be prioritized.
• **Serious vs. Routine Corruption:** The DOJ will reduce its focus on trivial or facilitation payments and concentrate on serious, high-value bribery schemes involving corrupt intent, concealment, or obstruction.
Practical Implications and Recommendations
Despite the shift in focus, multinational companies should not lower their guard. The FCPA remains fully in effect, and the SEC continues to exercise its authority over issuers. Conduct during this “pause” could be prosecuted later, and many foreign authorities will maintain or strengthen their anti-corruption actions. Companies operating in Mexico with U.S. jurisdictional exposure—such as subsidiaries of U.S. companies, joint ventures with U.S. participation, or intermediaries of issuers—should use this time to reassess their anti-corruption risks.
We recommend:
• **Strengthening Due Diligence:** Review evaluations of third parties and local partners, paying special attention to links with cartels, politically exposed persons, or opaque structures.
• **Enhancing Internal Protocols:** Ensure employees know how to report extortion or bribery attempts. Establish secure escalation channels for cases involving organized crime or public officials.
• **Updating Training Programs:** Reinforce that corruption linked to cartels or strategic assets is now a high enforcement priority, even during the pause.
• **Monitoring Competitor Conduct:** Stay alert for signs that competitors are engaging in bribery that affects your business—such conduct may be actionable or reportable.
• **Remaining Vigilant for New Changes:** The DOJ is likely to issue new guidelines following the 180-day review. Adapt your compliance program as needed.
Aligning your compliance program with these emerging guidelines will allow you to protect your business from legal risks while promoting ethical and competitive operations. Additionally, foreign companies operating in sectors strategic to the U.S., such as defense, intelligence, or critical infrastructure, may face more rigorous scrutiny. The DOJ has indicated that future enforcement actions may focus on foreign competitors whose conduct affects U.S. companies’ access to international markets.
