[Federal Register Volume 90, Number 30 (Friday, February 14, 2025)]
[Presidential Documents]
[Pages 9587-9588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02736]
Presidential Documents
Federal Register / Vol. 90, No. 30 / Friday, February 14, 2025 /
Presidential Documents
[[Page 9587]]
Executive Order 14209 of February 10, 2025
Pausing Foreign Corrupt Practices Act Enforcement
To Further American Economic and National Security
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 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 to
a steadily increasing degree, stretched beyond proper
bounds and abused in a manner that harms the interests
of the United States. Current FCPA enforcement impedes
the United States' foreign policy objectives and
therefore implicates the President's Article II
authority over foreign affairs.
The President's foreign policy authority is
inextricably linked with the global economic
competitiveness of American companies. American
national security depends in substantial part on the
United States and its companies gaining strategic
business advantages whether in critical minerals, deep-
water ports, or other key infrastructure or assets.
But overexpansive and unpredictable FCPA enforcement
against American citizens and businesses--by our own
Government--for routine business practices in other
nations not only wastes limited prosecutorial resources
that could be dedicated to preserving American
freedoms, but actively harms American economic
competitiveness and, therefore, national security.
It is therefore the policy of my Administration to
preserve the Presidential authority to conduct foreign
affairs and advance American economic and national
security by eliminating excessive barriers to American
commerce abroad.
Sec. 2. Policy of Enforcement Discretion. (a) For a
period of 180 days following the date of this order,
the Attorney General shall review guidelines and
policies governing investigations and enforcement
actions under the FCPA. During the review period, the
Attorney General shall:
(i) cease initiation of any new FCPA investigations or enforcement actions,
unless the Attorney General determines that an individual exception should
be made;
(ii) review in detail all existing FCPA investigations or enforcement
actions and take appropriate action with respect to such matters to restore
proper bounds on FCPA enforcement and preserve Presidential foreign policy
prerogatives; and
(iii) issue updated guidelines or policies, as appropriate, to adequately
promote the President's Article II authority to conduct foreign affairs and
prioritize American interests, American economic competitiveness with
respect to other nations, and the efficient use of Federal law enforcement
resources.
(b) The Attorney General may extend such review
period for an additional 180 days as the Attorney
General determines appropriate.
(c) FCPA investigations and enforcement actions
initiated or continued after the revised guidelines or
policies are issued under subsection (a) of this
section:
(i) shall be governed by such guidelines or policies; and
(ii) must be specifically authorized by the Attorney General.
[[Page 9588]]
(d) After the revised guidelines or policies are
issued under subsection (a) of this section, the
Attorney General shall determine whether additional
actions, including remedial measures with respect to
inappropriate past FCPA investigations and enforcement
actions, are warranted and shall take any such
appropriate actions or, if Presidential action is
required, recommend such actions to the President.
Sec. 3. Severability. If any provision of this order,
or the application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of its provisions to any
other persons or circumstances shall not be affected
thereby.
Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an 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 consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, 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
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 10, 2025.
[FR Doc. 2025-02736
Filed 2-13-25; 8:45 am]
Billing code 3395-F4-P