The Blubber

President Donald Trump is expected to sign an executive order on Monday directing the Department of Justice (DOJ) to suspend enforcement of the Foreign Corrupt Practices Act (FCPA), a nearly 50-year-old law that bans American companies and certain foreign firms from bribing foreign officials to secure business deals.

The temporary pause in enforcement is intended to prevent U.S. businesses from being placed at a competitive disadvantage compared to foreign rivals.

According to Bloomberg, which first reported the story, Trump will instruct Attorney General Pam Bondi to halt FCPA-related prosecutions while the DOJ conducts a review of current and past actions under the law. The DOJ will also develop new guidelines to align enforcement with what the White House describes as economic and national security priorities.

A White House official confirmed the plan, telling CNBC, "This pause is necessary to assess how to modernize and streamline the FCPA so that it better serves U.S. economic interests while maintaining our national security."

The FCPA was enacted in 1977 to prevent U.S. companies from engaging in corrupt practices abroad, such as bribing foreign officials, which could undermine the rule of law and contribute to global corruption. Over the years, it has become a cornerstone of how American companies conduct business internationally. In 1998, the law was expanded to cover foreign firms and individuals involved in such activities within the United States.

The law is broad in scope, prohibiting not only direct bribes but also offers, plans, or authorizations by company management to pay bribes. Both individuals and corporations can be prosecuted under the FCPA. Penalties for violations include up to 15 years in prison and fines of up to $250,000 or three times the value of the bribe.

In 2024, the DOJ announced enforcement actions in 24 FCPA-related cases. Despite its long-standing role in U.S. anti-corruption efforts, the Trump administration argues that a reassessment is needed to ensure the law does not hinder U.S. businesses in the global market.