New DOJ FCPA Guidelines: What it Means for You
On June 9, 2025, the Department of Justice (DOJ) issued new DOJ FCPA guidelines that reshape how—and when—the Foreign Corrupt Practices Act (FCPA) will be enforced. The update follows a 180-day pause under Executive Order 14209, which directed prosecutors to stop initiating new FCPA investigations unless tied to national security, cartel activity, or competitive harm to U.S. companies.
What is the FCPA?
The FCPA prohibits U.S. persons and businesses from making corrupt payments to foreign officials to obtain or retain business. It requires accurate record-keeping and has provisions for internal controls to prevent bribery. Its intention is to ensure businesses operate honestly, maintain accurate books and records, and restore public confidence in fair business practices. FCPA violations have resulted in over $13 billion in penalties since 1977, including recent high-profile cases.
What’s Next for the DOJ FCPA Guidelines?
Now that guidance is here, the DOJ’s focus is narrower, but the stakes are higher. This means that looking ahead, enforcement will prioritize serious misconduct regarding transnational criminal organizations, state-owned entities, or sectors critical to national security including defense, infrastructure, and advanced tech.
Did you know? FCPA violations have cost companies over $13 billion in fines since 1977, with enforcement actions over the past several years reinforcing the need for robust anti-bribery training.
Important to note is that routine business practices, facilitation payments, or low-value hospitality may no longer be targeted. But make no mistake: FCPA remains active, and high-impact risks are under a microscope. Compliance teams still need to be at the ready.
What This Means for You?
It is important for organizations to be in the know in terms of changing regulations and guidelines. This not only informs what internal controls should be in place, but also what training measures should be taken.
Leadership, front-line deal-makers, control functions, and any high-risk third parties involved in cross-border business deals need to engage in FCPA compliance training. Clear training equips your employees and third-party partners. It also demonstrates your organization’s efforts at prioritizing compliance and reducing risk.
Interested in learning more about how SAI360 can support your needs regarding DOJ FCPA guidelines? Request a demo.
