Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security, Executive Order 14209

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Federal Register, Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security, Executive Order 14209, February 10, 2025

Rolls back the authorities of FCPA enforcement against American citizens and businesses. Calls for a policy of increased oversight on FCPA investigations and efficient use of federal law enforcement resources regarding this law.

From the Order:

Section 1. Purpose and Policy. Since its enactment in 1977, the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.) (FCPA) has been systematically, and to a steadily increasing degree, stretched beyond proper bounds and abused in a manner that harms the interests of the United States. Current FCPA enforcement impedes the United States' foreign policy objectives and therefore implicates the President's Article II authority over foreign affairs.

The President's foreign policy authority is inextricably linked with the global economic competitiveness of American companies. American national security depends in substantial part on the United States and its companies gaining strategic business advantages whether in critical minerals, deep-water ports, or other key infrastructure or assets.

But overexpansive and unpredictable FCPA enforcement against American citizens and businesses—by our own Government—for routine business practices in other nations not only wastes limited prosecutorial resources that could be dedicated to preserving American freedoms, but actively harms American economic competitiveness and, therefore, national security.

It is therefore the policy of my Administration to preserve the Presidential authority to conduct foreign affairs and advance American economic and national security by eliminating excessive barriers to American commerce abroad.

Read Executive Order 14209.