Editing Foreign Corrupt Practices Act (section)

==Enforcement==
The SEC and DOJ are jointly responsible for enforcing the FCPA, since it amends both an SEC Act and the criminal code. SEC enforcement applies to companies regulated by the SEC while the DOJ enforces the Act against individuals and domestic companies' entities not regulated by the SEC. However, enforcement by one agency does not preclude enforcement by the other, and on numerous occasions the DOJ and SEC have initiated enforcement actions against the same company for violations of the FCPA.<ref>{{Cite web|last=U.S. Department of Justice|date=April 2018|title=Panasonic FCPA Deferred Prosecution Agreement|url=https://www.justice.gov/opa/press-release/file/1058466/download}}</ref><ref>{{Cite web |website=Securities and Exchange Commission |title=SEC Enforcement Actions: FCPA Cases|url=https://www.sec.gov/enforce/sec-enforcement-actions-fcpa-cases|access-date=2021-10-27}}</ref>  In 2010 the SEC created a specialized unit for FCPA enforcement.<ref>{{cite web|title=SEC Names New Specialized Unit Chiefs and Head of New Office of Market Intelligence|url=https://www.sec.gov/news/press/2010/2010-5.htm|publisher=SEC|access-date=23 February 2015|format=Press release|date=January 13, 2010|archive-url=https://web.archive.org/web/20150309023031/http://www.sec.gov/news/press/2010/2010-5.htm|archive-date=9 March 2015|url-status=live}}</ref>
In 2012, the SEC and the DOJ issued their first joint guide to the FCPA,<ref name=resource>{{cite web|author1=Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission|title=A Resource Guide to the U.S. Foreign Corrupt Practices Act|url=https://www.sec.gov/spotlight/fcpa/fcpa-resource-guide.pdf|access-date=23 February 2015|page=130|date=November 14, 2012|archive-url=https://web.archive.org/web/20150210055050/http://www.sec.gov/spotlight/fcpa/fcpa-resource-guide.pdf|archive-date=10 February 2015|url-status=live}}</ref> the second edition of this guide was published in 2020.<ref>{{Cite web|date=2015-06-09|title=FCPA Resource Guide|url=https://www.justice.gov/criminal-fraud/fcpa-resource-guide|access-date=2021-10-18|website=www.justice.gov|language=en}}</ref>

Imprisonment for FCPA violations is relatively uncommon, yet when it does occur, the sentences, which can include imprisonment or house arrest, typically average around 30 months. Additionally, FCPA-related investigations are often lengthy, with an average duration of approximately 39 months from initiation to conclusion, according to a study by Stanford University.<ref>{{Cite web |title=Foreign Corrupt Practices Act: Statistics & Analytics |url=https://fcpa.stanford.edu/statistics-keys.html |access-date=2024-04-25 |website=fcpa.stanford.edu}}</ref>

In recent years, the SEC and DOJ have increasingly focused on individual accountability in FCPA enforcement actions. In 2015, the DOJ announced the "Yates Memo,"<ref>{{Cite web |last=engage |date=2018-11-30 |title=Department of Justice Announces Major Changes to "Yates Memo" |url=https://instituteforlegalreform.com/blog/department-of-justice-announces-major-changes-to-yates-memo/ |access-date=2024-04-26 |website=ILR |language=en}}</ref> which prioritized the prosecution of individuals involved in corporate misconduct, including FCPA violations. This policy shift has led to several high-profile cases against executives. In 2019, the former head of [[Alstom]]'s subsidiary in Indonesia was sentenced to 15 months in prison for his role in a bribery scheme to secure a $118 million power plant contract.<ref>{{Cite news |last=Tokar |first=Dylan |title=Former Alstom Executive Sentenced to 15 Months in Prison |url=https://www.wsj.com/articles/former-alstom-executive-sentenced-to-15-months-in-prison-11583542058 |access-date=2024-04-26 |work=WSJ |language=en-US}}</ref>

Enforcement of the FCPA continues to improve, allowing for more companies to be held accountable and scrutinized for deals that they make within markets that are known for having a high threat of corruption and bribery.<ref>{{cite web |url=https://www.theregreview.org/2021/12/07/walcott-fcpa-regulation-spurs-economic-growth/ |title=U.S. Foreign Anti-Corruption Regulation Spurs Economic Growth &#124; the Regulatory Review |date=December 7, 2021 }}</ref>

=== President Trump's executive order ===
On February 10, 2025, [[Donald Trump|President Trump]] signed an executive order directing [[Pam Bondi]], the [[United States Attorney General|US attorney-general]], to pause enforcement of FCPA. Trump told [[Journalist|journalists]] who were present when he signed the order that “It’s going to mean a lot more business for America”.<ref name=Guardian2.11.25>{{Cite news |last=Chao-Fong |first=Léonie |date=2025-02-11 |title=Trump halts enforcement of US law banning bribery of foreign officials |url=https://www.theguardian.com/us-news/2025/feb/10/trump-order-foreign-bribery-act |access-date=2025-02-11 |newspaper=[[The Guardian]]|language=en-GB |issn=0261-3077}}</ref>

A White House official claimed that American companies were damaged by “over-enforcement” of FCPA because “they are prohibited from engaging in practices common among international competitors, creating an uneven playing field".<ref>{{Cite news |last=Chávez |first=Steff |last2=Palma |first2=Stefania |date=2025-02-11 |title=Donald Trump to halt enforcement of law banning bribery of foreign officials |url=https://www.ft.com/content/f880bfc3-6069-427b-9873-51255d4e0b8c  |work=[[Financial Times]]|access-date=2025-02-11|archive-date=February 11, 2025|archive-url=https://archive.today/20250211131430/https://www.ft.com/content/f880bfc3-6069-427b-9873-51255d4e0b8c}}</ref>

In response, Gary Kalman, executive director of [[Transparency International|Transparency International US]], warned that Trump's actions “diminishes – and could pave the way for completely eliminating – the crown jewel in the US’s fight against global corruption”.<ref name=Guardian2.11.25/>