Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security

This executive order pauses new Foreign Corrupt Practices Act (FCPA) investigations and enforcement actions for 180 days while the Attorney General reviews existing guidelines and policies. The order directs the Attorney General to cease new FCPA cases, review ongoing ones, and issue updated guidelines prioritizing American economic competitiveness and presidential foreign affairs authority.

Federal Register Open PDF 90 FR 9587

Impact dates

Feb 5, 2026
Possible additional 180-day extension of review period at Attorney General's discretion
Aug 9, 2025
End of initial 180-day review period for FCPA guidelines and policies

Market exposure

Policy exposure mapping — not investment advice. Illustrative public companies are incomplete and not recommendations.

Sectors

Oil & gas Critical minerals Defense primes Technology & software Pharma Other industrial

Mechanisms

Licensing

Role pressure

MixedDomestic producer — Reduced compliance burden and competitive disadvantage vs foreign rivals, but reputational risk if perceived as condoning corruption
MixedDownstream manufacturer — Potential supply chain advantages in critical minerals and infrastructure projects abroad, but uncertainty during 180-day review
ProtectiveProject developer — Explicitly mentioned beneficiaries for ports, critical minerals, and key infrastructure projects in high-corruption-risk jurisdictions
UncertainImporter — Unclear direct impact; dependent on whether foreign competitors gain advantage from perceived US regulatory relaxation

Geographies

US CN OTHER

Exposure dates

2025-08-09 — End of initial 180-day review period for FCPA guidelines and policies

Illustrative public companies

Curated watchlist matches by sector/role — incomplete; not a recommendation.

MMM3MALBAlbemarleGOOGLAlphabetAAPLAppleBABoeingCATCaterpillarLNGCheniere EnergyCVXChevronCOPConocoPhillipsDQDaqo New EnergyLLYEli LillyXOMExxon MobilFCXFreeport-McMoRanGEVGE VernovaGDGeneral DynamicsHONHoneywellQQQInvesco QQQ TrustJNJJohnson & JohnsonLMTLockheed MartinMRKMerckMETAMeta PlatformsMSFTMicrosoftMPMP MaterialsNOCNorthrop Grumman

Confidence: medium · Policy alerts

Key directives

Attorney General shall cease initiation of new FCPA investigations or enforcement actions for 180 days unless individual exception determined
Attorney General shall review in detail all existing FCPA investigations and enforcement actions
Attorney General shall issue updated guidelines or policies to promote Article II authority and American economic competitiveness
Attorney General may extend review period for additional 180 days
Future FCPA investigations must be specifically authorized by Attorney General after revised guidelines issued
Attorney General shall determine whether remedial measures for past investigations are warranted

Who is ordered

Attorney General · Department of Justice

Timeline

Immediate

Cease initiation of new FCPA investigations or enforcement actions
Begin review of existing FCPA investigations and enforcement actions

Near term (90d)

Attorney General review of FCPA guidelines and policies continues
Potential issuance of updated guidelines or policies

Long term

Completion of 180-day review period (by August 9, 2025)
Possible additional 180-day extension
Implementation of revised FCPA guidelines
Potential remedial measures for past investigations

Risks & tensions

Potential conflict with congressional intent of FCPA as enacted statute; statute not repealed, only enforcement paused
Uncertainty for ongoing investigations and corporate compliance programs during 180-day pause
Tension between anti-corruption foreign policy goals and economic competitiveness claims
Risk of perceived US tolerance for bribery abroad, affecting diplomatic relationships
Vague standard for 'individual exception' to pause creates implementation uncertainty