INTRODUCTION Contributed by: Eric Bruce and Justin Simeone, Freshfields US LLP
Anti-Corruption: Global Enforcement at a Transitional Moment
issued new FCPA enforcement guidelines. The guide - lines instruct prosecutors to “limit undue burdens on American companies that operate abroad” and “tar - get enforcement actions against conduct that directly undermines US national interests”. They identify cer - tain types of cases that prosecutors should prioritise. The priorities include cases where the underlying mis - conduct deprived US companies of “fair access to compete and/or resulted in economic injury” or where the underlying conduct implicated the “most urgent threats to US national security... involving key infra - structure or assets”. They also include cases involving misconduct associated with cartels and transnational criminal organisations. Finally, the priorities include cases involving “individuals” and “serious miscon - duct”, such as “substantial bribe payments, proven and sophisticated efforts to conceal bribe payments, fraudulent conduct in furtherance of the bribery scheme, and efforts to obstruct justice”. Under the new enforcement approach, all new FCPA investiga - tions must be authorised by the Assistant Attorney General for the Criminal Division or a more senior DOJ official. During a 10 June 2025 speech, Acting Assistant Attor - ney General (AAG) of the DOJ Criminal Division Mat - thew Galeotti affirmed that the DOJ would continue to enforce the FCPA “firmly but fairly” by “bringing enforcement actions against conduct that directly undermines US national interests without losing sight of the burdens on American companies that operate globally”. Importantly, the FCPA remains binding law, including a statute of limitations that runs for five years for substantive bribery violations, six years for books- and-records violations, and often longer when there are extenuating circumstances, such as an ongoing conspiracy. Moreover, in the United States, many indi - vidual states have laws that can address similar mis - conduct. Indeed, in April 2025, the California Attor - ney General pledged to leverage state laws to further combat foreign bribery and corruption. Expanding multi-jurisdictional co-operation efforts The updated US approach also includes a greater focus on foreign enforcement actions, with co-opera - tion and co-ordination by US enforcement authorities.
We are proud to introduce the ninth edition of the Chambers Global Anti-Corruption Guide. The pur - pose of this Guide is to provide an overview of current anti-bribery and corruption laws in a wide range of countries, including insights into key legal standards, enforcement policies, and emerging trends, from the perspectives of leading practitioners in their respec - tive jurisdictions. The release of this Guide comes at a transitional moment for global anti-corruption enforcement. After decades of predictable enforcement goals, the United States this year affirmed its commitment to future enforcement efforts, but it has also signalled its intention to focus on new enforcement priorities. Meanwhile, after decades of maturing domestic anti- corruption enforcement institutions and capabili - ties, other countries have signalled their intention to expand enforcement efforts. Thus, for global practi - tioners, it is an especially important time to take stock of cross-jurisdictional legal and policy developments. Shifting US enforcement priorities The United States has long been a leader of global anti-corruption enforcement efforts through the For - eign Corrupt Practices Act (FCPA) and related laws. Upon taking office in January 2025, the Trump Admin - istration announced its intention to revisit the way that US enforcement bodies approach those laws and allo - cated their resources. On 10 February 2025, President Trump issued Execu - tive Order 14209, which directed the US Department of Justice (DOJ) to “restore proper bounds” of FCPA enforcement. The order imposed a 180-day pause on any new FCPA investigations, and it required the DOJ to undertake a comprehensive review of existing FCPA investigations. By doing so, the Administration sought to address “overexpansive and unpredictable” FCPA enforcement, which, the Order states, has historically harmed “American economic competitiveness and, therefore, national security”, by placing “undue bur - dens on American companies”. On 9 June 2025, DOJ Deputy Attorney General Todd Blanche lifted the pause on FCPA enforcement and
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