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DOJ Unveils New FCPA Guidelines to Prioritize U.S. Economic & National Security Interests

On June 9, 2025, Deputy Attorney General Todd Blanche released a pivotal memorandum titled “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA).” These guidelines mark a strategic shift in how the DOJ will approach FCPA enforcement moving forward.

Why This Matters

  1. Resumption After a Freeze
    This memo follows a controversial 180-day enforcement pause initiated by a presidential Executive Order in February 2025. The pause was intended to realign FCPA enforcement with American economic and foreign policy priorities.
  2. Focused Enforcement, Not Blanket Relaxation
    Rather than ending FCPA enforcement, the DOJ is narrowing its focus to cases that pose serious threats to U.S. national security or economic competitiveness. This includes bribery cases involving cartels, transnational criminal organizations (TCOs), and sectors like defense and infrastructure.
  3. Four Key Enforcement Priorities
    The DOJ will now prioritize FCPA enforcement in cases where:
    • There’s a nexus with cartel or criminal organization activity.
    • U.S. businesses or individuals sustained identifiable economic harm or lost fair competition.
    • Corruption affected critical infrastructure, defense, or national security sectors.
    • The conduct involves significant bribery, concealment, or intent, not low-value business courtesies.
  4. Stricter Oversight for New Investigations
    All new FCPA investigations now require approval from the Assistant Attorney General for the Criminal Division or a higher-level DOJ official, a procedural tightening aimed at ensuring alignment with the new enforcement strategy.
  5. Enforcement Continues, with Strategic Drawdown
    The DOJ has already closed almost half of its pending FCPA investigations following a review, focusing resources on cases that align with national priorities.

Bottom Line: The DOJ’s June 2025 FCPA Guidelines signal a foundational shift: enforcement is resuming—but sharply focused on American economic interests and national security, not routine business conduct. It is a recalibration rooted in strategic priority, not a retreat from anti-corruption enforcement.

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