The memorandum issued on 9 June 2025 by U.S. Deputy Attorney General Todd Blanche sets out a non-exhaustive list of factors that the U.S. Department of Justice (“DOJ”) must consider before initiating an investigation or prosecution under the Foreign Corrupt Practices Act (“FCPA”).[1]

This document is part of the ongoing revision of criminal enforcement policy initiated by President Donald Trump since February.[2] It reflects the intention to refocus the DOJ’s efforts on combating transnational crime and defending the strategic interests of the United States.

On 10 June 2025, Matthew R. Galeotti, Chief of the DOJ’s Criminal Division, delivered a speech at the American Conference Institute in which he outlined the practical implications of the memorandum.[3] He also offered broader commentary on the implementation of the DOJ Criminal Division’s policies, as set out in a memorandum dated 12 May 2025.[4]

The new U.S. policy emphasizes the importance of preserving national economic competitiveness and protecting sensitive sectors related to national security (I). It also provides for targeting conduct linked to cartels and transnational criminal organizations (II). Finally, it calls for focusing prosecutions on the most serious cases of corruption, considering the capacity of foreign authorities to take action (III).

I. The consideration of national security and economic prosperity in the strategy for defending U.S. interests

Among the criteria guiding the initiation of an investigation or prosecution under the FCPA, the DOJ memorandum emphasizes, in the name of national interests, the necessity to preserve the competitiveness of American companies.[5]

The guidelines emphasize that corruption practiced by certain companies – particularly the payment of bribes to foreign public officials to secure contracts – disrupts the fair functioning of markets.[6] These practices create an unfair competitive disadvantage for law-abiding companies, including many American businesses, and thus harm transparency and economic integrity on a global scale.[7]

The enforcement of the FCPA and the Foreign Extortion Prevention Act is part of a broader strategy to protect the economic interests of the United States. [8] Concretely, rather than targeting individuals or companies based on their nationality, U.S. authorities favor an approach focused on the actual effects of illicit conduct.[9] As mentioned in the memorandum, this strategy primarily targets acts of corruption or extortion that undermine the fair access of American companies to foreign markets, reflecting a broadened conception of national security where the economy and competitiveness are viewed as essential pillars.[10]

By targeting practices that harm the interests of identifiable American economic actors, the DOJ establishes a clear link between the integrity of international markets and the preservation of the United States’ economic power.

The memorandum also highlights that corruption can undermine national interests, notably by compromising national security. This security largely depends on the ability of the United States and its companies to gain strategic advantages in key sectors such as critical minerals, deep-water ports, or other essential infrastructures.[11]

In this regard, reference is made to the 2017 National Defense Strategy, established during Donald Trump’s first presidency, which highlighted that in areas where governments were fragile, corruption and low trust in institutions created a fertile ground for the emergence of terrorist and criminal activities. This strategy was based on the observation that rather than seeking to support these states or combat corruption, the United States’ rival powers often saw an opportunity to exploit local resources and profit from the populations.[12]

The Deputy Attorney General emphasizes that corruption affecting sensitive sectors such as defense, intelligence, or critical infrastructure poses a direct threat to American interests.[13] In response, FCPA enforcement should prioritize cases of corruption involving foreign public officials in these strategic areas, with the aim of protecting national security.[14]

II. The integration of issues related to cartels and transnational criminal organizations into current criminal enforcement policy

Todd Blanche also emphasized that the complete dismantling of cartels and transnational criminal organizations is one of the main priorities of federal criminal enforcement efforts.[15]

On 20 January 2025, President Donald Trump had already signed an executive order directing the federal government to review its existing strategies with the aim of completely dismantling cartels and transnational criminal organizations. This order characterizes these groups as an extraordinary threat to the national security, foreign policy, and economy of the United States.[16]

Following this directive, Attorney General Pamela J. Bondi issued a memorandum on 5 February 2025, announcing a significant shift in criminal enforcement policy focused on combating transnational organized crime, with particular attention to cartels.[17]

It is in this context that the memorandum on the new FCPA enforcement guidelines clarified the criteria guiding the initiation of investigations or prosecutions. From now on, one of the main considerations is whether the alleged conduct: (1) is related to the criminal activities of a cartel or a Transnational Criminal Organization (“TCO”), (2) involves money laundering schemes or shell companies used by these entities, or (3) concerns public officials or employees of state-owned enterprises who have received bribes from these groups.[18]

III. Implementing a prosecution policy focused on clear indicators of corruption

The Executive Order of 10 February 2025 stressed the importance of avoiding sanctions against U.S. citizens or companies for business practices that are common in certain countries, provided that they correspond to locally accepted customs.[19] Accordingly, the Deputy Attorney General emphasizes in his recent memorandum that the initiation of investigations or prosecutions should not target business conduct that amounts to commercial courtesies tolerated within the context of international dealings.[20]

Conversely, judicial authorities are encouraged to focus their efforts on conduct exhibiting clear and serious signs of corruption. This notably includes significant bribe payments, sophisticated schemes designed to conceal illicit transactions, fraudulent behavior supporting an organized corruption scheme, as well as deliberate attempts to obstruct justice.[21] This strategic direction aims to optimize DOJ resources by targeting the most serious offenses and ensuring a focused and effective enforcement of the FCPA.

Furthermore, in determining which cases warrant intervention by U.S. authorities, prosecutors must also consider the capacity and willingness of the relevant foreign authorities to pursue the same conduct.[22]

When these conditions are met, it is preferable to leave these cases to local jurisdictions or the relevant regulators. The DOJ will then prioritize close cooperation with its foreign counterparts to provide the necessary assistance for the proper conduct of their proceedings.

During his speech, Matthew R. Galeotti, Chief of the DOJ Criminal Division, reiterated that only conduct having a tangible impact on the United States or its citizens justifies federal criminal prosecution.[23]

In this regard, any new initiative must obtain prior approval from the Deputy Attorney General of the Criminal Division. [24] In accordance with the general principles of federal prosecution, the memorandum states that each case must be evaluated on an individual basis, considering all circumstances, and that the DOJ retains full discretion to initiate, pursue, or close a proceeding based on these factors.[25]

Finally, pursuant to the Executive Order of 12 February 2025, the memorandum specifies that ongoing cases were re-evaluated during the 180-day suspension period in light of the principles and criteria set forth in this document.[26] This approach will also apply to current investigations and prosecutions, as well as to upcoming cases. [27] This stance confirms the intention to uphold the enforcement of the FCPA, while incorporating new guidelines. It is therefore crucial for companies to consider these developments in their risk management and in adapting their compliance programs.