# Executive Order: Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security
Executive Order 14209 frames the Foreign Corrupt Practices Act (FCPA) enforcement as having been "systematically stretched beyond proper bounds and abused" in a way that undermines U.S. interests. The order establishes a direct connection between the President's foreign policy authority, American companies' global economic competitiveness, and national security. According to the order, current FCPA enforcement against American citizens and businesses for "routine business practices" in other countries wastes prosecutorial resources and actively harms American economic competitiveness. The administration's stated policy is to eliminate what it characterizes as excessive barriers to American commerce abroad in order to preserve Presidential authority in foreign affairs and advance economic and national security interests.
The order directs a comprehensive 180-day pause and review of FCPA enforcement, during which the Attorney General must cease initiating new FCPA investigations or enforcement actions unless individual exceptions are warranted. Additionally, the Attorney General is required to review all existing FCPA investigations and enforcement actions and take "appropriate action" to restore what the order describes as "proper bounds" on FCPA enforcement. The directive also mandates the Attorney General to issue updated guidelines or policies that prioritize the President's foreign affairs authority, American economic competitiveness, and efficient use of law enforcement resources. The Attorney General may extend this review period for an additional 180 days if deemed appropriate.
After the revised guidelines are issued, all future FCPA investigations and enforcement actions must be specifically authorized by the Attorney General and will be governed by the new guidelines. The order also requires the Attorney General to determine whether additional actions, including remedial measures for past FCPA investigations and enforcement actions deemed inappropriate, are warranted. The order contains standard severability and general provisions clauses, noting that it does not impair existing legal authorities and must be implemented consistent with applicable law. Significantly, the reorganization of FCPA enforcement centralizes authority with the Attorney General while positioning anti-corruption enforcement within a framework that explicitly prioritizes American economic interests over traditional anti-corruption objectives.