FCPA Enforcement Under Trump Administration: Key Developments and Insights

The Foreign Corrupt Practices Act (FCPA) is a federal law that prohibits companies from bribing foreign officials to gain a business advantage. The Trump administration has taken a unique approach to FCPA enforcement, with a focus on transparency and cooperation with international partners. In the 2020s, the administration has implemented several key developments that companies should be aware of. One of the main developments is the increased use of declination letters, which are letters issued by the Department of Justice (DOJ) stating that it will not pursue an enforcement action against a company. The DOJ has also introduced a new policy of transparency, which requires companies to disclose all relevant information related to an FCPA investigation. Additionally, the administration has placed a strong emphasis on international cooperation, with the DOJ working closely with foreign governments to investigate and prosecute FCPA cases. The Securities and Exchange Commission (SEC) has also played a key role in FCPA enforcement, with a focus on holding companies accountable for failing to maintain adequate internal controls. Companies should be aware of the increased risk of FCPA enforcement under the Trump administration, particularly in high-risk industries such as energy and finance. To mitigate this risk, companies should implement robust compliance programs that include regular training and audits. The administration’s approach to FCPA enforcement has been shaped by several high-profile cases, including the prosecution of several major companies for FCPA violations. These cases have highlighted the importance of compliance and the severe penalties that can result from non-compliance. The FCPA has also been the subject of several recent court decisions, which have clarified the scope and application of the law. Despite the challenges posed by FCPA enforcement, companies can take steps to minimize their risk and ensure compliance with the law. This includes conducting regular risk assessments and implementing effective compliance programs. The Trump administration’s approach to FCPA enforcement has been influenced by several factors, including the need to promote transparency and accountability in international business transactions. The administration has also recognized the importance of cooperation with international partners in combating corruption and promoting economic growth. Overall, the Trump administration’s approach to FCPA enforcement has been marked by a commitment to transparency, cooperation, and accountability. Companies should be aware of the key developments and insights related to FCPA enforcement and take steps to ensure compliance with the law. The FCPA is a complex and nuanced law, and companies should seek the advice of experienced counsel to ensure compliance. By understanding the Trump administration’s approach to FCPA enforcement, companies can minimize their risk and ensure compliance with the law.

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