The FCPA Is Back… Sort Of: What This Means for International Organizations

Earlier this year, we warned of a dangerous convergence: shrinking aid budgets and a freeze on Foreign Corrupt Practices Act (FCPA) enforcement. Together, these trends weakened two key safeguards for development and humanitarian programs—external legal deterrence and internal oversight capacity.

But the story isn’t quite over.

While high-profile FCPA prosecutions by the U.S. Department of Justice (DOJ) remain rare, enforcement has taken a new turn. The Securities and Exchange Commission (SEC) continues to pursue corporate settlements. Voluntary disclosures persist. And most notably, on May 12, 2025, the DOJ issued a new policy memo reframing its overall approach to white-collar crime. 

Titled “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime” the 8-page memo outlines a strategic shift:

Prioritizing investigations into conduct that affect US foreign policy interests and US businesses' competitiveness

Focusing on charging individuals rather than corporations

Streamlining investigations for speed and resource efficiency

Limiting the use of post-sanction compliance monitorships