INTRODUCTION Contributed by: Eric Bruce and Justin Simeone, Freshfields US LLP
Historically, US enforcement authorities have fre - quently partnered with foreign counterparts on multi- jurisdictional investigations and resolutions. Since the passage of the FCPA in 1977, US authorities have co-operated and co-ordinated with authorities in Brazil, France, Switzerland, and the United Kingdom, among others, on more than 100 enforcement actions. These efforts have included some of the largest anti- corruption resolutions in history, such as the USD3.9 billion 2020 Airbus resolution involving US, UK, and French authorities. Over time, US enforcement agen - cies have also participated in many staff exchanges, designed to help foreign authorities further develop enforcement capabilities. The revised US approach seeks to continue these efforts. The new guidelines direct US prosecutors to “consider the likelihood (or lack thereof) that an appro - priate foreign law enforcement authority is willing and able to investigate and prosecute the same alleged misconduct”. In the 10 June 2025 speech, Acting AAG Galeotti noted that the DOJ would deprioritise cases where foreign law enforcement authorities are willing and able to prosecute, but he stressed that the DOJ would not “hesitate” to co-operate and provide assis - tance in those cases. To reinforce that commitment, on 24 June 2025, Act - ing AAG Galeotti met with Nick Ephgrave, Director of the UK’s Serious Fraud Office, to discuss efforts to strengthen cross-border co-operation. The two lead - ers identified shared interests in continued informa - tion exchanges and operational collaborations, faster resolutions of complex, cross-border investigations, and stronger policies around voluntary self-disclosure and market integrity. Director Ephgrave called the meeting a “significant milestone for us as we continue to strengthen our international approach to fighting financial crime with key partners... [to] more effectively pursue criminals and deliver justice”. Potential new global enforcement leaders Although the United States has committed to future enforcement efforts, the new guidelines suggest that US enforcement authorities will deprioritise cases with less direct connections to US domestic interests, cre - ating opportunities for non-US enforcement authori - ties to take a more active role in those cases.
Since January 2025, other nations have begun to assert themselves as leaders in the anti-corruption space, both through individual actions and multilateral alliances. For example, on 20 March 2025, France, Switzerland, and the United Kingdom announced the formation of the International Anti-Corruption Pros - ecutorial Task Force to strengthen collective action, increase co-operation, and share best practices. While officials stated this was not a direct reaction to shifting US policy, the timing suggests a conscious effort to ensure continued momentum, with the found - ing statement explicitly committing each country’s enforcement agencies to standing “firm” in their fight against corruption. The Task Force includes a Lead - ers’ Group for strategic insight and a Working Group for case co-operation, which indicates a serious, co- ordinated effort to build a stronger enforcement bloc. Moreover, in recent months, other countries have also taken steps to independently strengthen their domestic anti-corruption frameworks. For example, in Australia, the National Anti-Corruption Commission reported significant activity, including 37 preliminary and 37 full anti-corruption investigations underway as of August 2025. In the United Kingdom, a new “Seri - ous Fraud Offence” came into force on 1 Septem - ber 2025. The offence applies to large organisations and holds them strictly liable for fraud committed by “associated persons” for the company’s benefit. This is a significant development, as it moves beyond the need for UK prosecutors to prove corporate intent in certain cases, thereby lowering the bar for prosecution and strengthening the UK’s enforcement capabilities. In addition, some countries are also taking proactive measures to strengthen anti-corruption measures in priority sectors. In China, for example, the State Administration for Market Regulation (SAMR) pub - lished new “Compliance Guidelines for Healthcare Companies to Prevent Commercial Bribery Risks” on 10 January 2025. Further, on 13 May 2025, 14 Chi - nese government agencies jointly issued a notice on “Rectifying Misconduct in the Field of Pharmaceutical Purchase and Sales and Medical Services in 2025”. This notice highlighted specific focus areas for regula - tory oversight, including public procurement, bidding, prescriptions, and project funding.
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