Trump suspended enforcement of the Foreign Corrupt Practices Act to promote U.S. economic and national security

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By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered:

Paragraph 1. Purpose and policy

Since its enactment in 1977, the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.) (FCPA) has been systematically and increasingly overridden and abused in ways that harm the interests of the United States. The current enforcement of the FCPA impedes the foreign policy objectives of the United States and therefore interferes with the President's Article II foreign affairs powers.

The President's foreign policy authority is inextricably linked to the global economic competitiveness of American companies. American national security depends in substantial part on the United States and its companies gaining strategic commercial advantages, whether in critical minerals, deepwater ports, or other key infrastructure or assets.

However, the overreaching and unpredictable enforcement of the FCPA against American citizens and businesses - by our own government - for common business practices in other countries not only wastes limited prosecutorial resources that could be devoted to protecting American freedoms, but actively harms American economic competitiveness, and therefore national security.

My Administration's policy, therefore, is to preserve the President's foreign affairs powers and to promote U.S. economic and national security by removing excessive barriers to U.S. trade abroad.

Paragraph 2. Policy discretion in law enforcement

(a) For 180 days from the date of this order, the Attorney General shall review the guidelines and policies governing investigations and enforcement under the FCPA. During this period, the Attorney General shall:

          (i) Cease initiating any new investigations or enforcement actions under the FCPA unless the Attorney General determines that an individual exception should be made;

          (ii) review in detail any existing investigations or enforcement actions under the FCPA and take appropriate action on such matters to restore the proper limits of FCPA enforcement and preserve the President's foreign policy prerogatives; and

          (iii) issue updated guidance or policies, as appropriate, to adequately support the President's Article II authority to conduct foreign affairs and to prioritize American interests, American economic competitiveness vis-à-vis other countries, and the effective use of Federal law enforcement resources.

(b) The Attorney General may extend this review period for an additional 180 days if he deems it appropriate.

(c) FCPA investigations and enforcement actions initiated or continued after the issuance of revised guidance or policies under paragraph (a) of this section:

          (i) follow these guidelines or policies; and

          (ii) must be expressly approved by the Attorney General.

(d) Upon issuance of revised guidance or policy under subsection (a) of this section, the Attorney General shall determine whether further action, including corrective action with respect to past improper FCPA investigations and enforcement actions, is warranted and shall take any appropriate action or, if Presidential action is necessary, recommend such action to the President.

Paragraph 3. Separability

If any provision of this Order or its application to any person or circumstance is held invalid, the remainder of this Order and the application of its provisions to other persons or circumstances shall not be affected.

Paragraph 4. General provisions

(a) Nothing in this Order shall be construed to impair or otherwise affect:

          (i) the powers conferred by law on the executive department, agency or the head thereof; or

          (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented in accordance with the legislation in force and subject to the availability of budgetary appropriations.

(c) This Order is not intended to create and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or instrumentalities, its officers, employees, or agents, or any other person.

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