The article outlines a directive issued by the President concerning the Foreign Corrupt Practices Act (FCPA), which has been perceived as exceeding its original scope since being enacted in 1977. The President states that current enforcement of the FCPA hampers U.S. foreign policy and national security by placing barriers on American companies’ international competitiveness. To address this, the administration aims to eliminate excessive restrictions on U.S. commerce abroad.
The directive mandates the Attorney General to reevaluate FCPA enforcement practices within 180 days, which includes halting new investigations unless exceptions are warranted and scrutinizing existing cases for compliance with updated guidelines that prioritize U.S. economic interests and the President’s diplomatic powers.
The President’s order emphasizes that future FCPA actions should adhere to these new guidelines and receive direct approval from the Attorney General. Moreover, any provisions found invalid will not affect the rest of the order. The article concludes by affirming that the order does not impair any existing authorities or create new enforcement rights for any U.S. entities. The directive is dated February 10, 2025.
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