Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security
1. Purpose
The order aims to preserve Presidential authority over foreign affairs and ensure American economic competitiveness by addressing issues with the Foreign Corrupt Practices Act (FCPA) that hinder U.S. interests.
2. Key Actions And Directives
- Review FCPA Policies: The Attorney General is tasked with a 180-day review of FCPA guidelines and policies.
- Cease New Investigations: The Attorney General must halt new FCPA investigations or enforcement actions during the review period, with exceptions only as authorized.
- Assess Existing Investigations: The Attorney General will conduct thorough reviews of ongoing FCPA investigations and adjust enforcement as needed post-review.
- Authorize New Investigations Post-Guideline: New FCPA investigations initiated after guideline revisions require explicit authorization from the Attorney General.
3. Important Points
- Presidential Authority: The order reinforces the President's control over foreign affairs and commerce, aiming to streamline American business operations abroad.
- FCPA Concerns: It highlights concerns that the FCPA has been misapplied, adversely affecting U.S. foreign policy and economic interests.
- Severability Clause: The order includes a severability clause ensuring that if any part is invalidated, the remainder remains effective.
- Legal Rights Statement: Clarifies that the order does not confer any legally enforceable rights or benefits against the U.S. government.
- Implementation with Law: The execution of the order is subject to adherence to applicable laws and available funding.
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