Reflecting on the pause in FCPA enforcement: Why Integrity Due Diligence still matters

The US government’s six-month pause in Department of Justice (DoJ) enforcement of the Foreign Corrupt Practices Act (FCPA), announced in February 2025, has sparked discussions about the evolving nature and goals of anti-bribery regulations. Multinational businesses operate in an environment where numerous jurisdictions actively enforce anti-bribery laws, so while individual enforcement approaches may shift, businesses need to retain an international perspective when developing strategies to combat bribery.

This was particularly highlighted on 20 March 2025, when the UK, France and Switzerland announced a new corruption taskforce to strengthen collaboration, bringing additional weight to Europe’s efforts to tackle international bribery and corruption.

Although regulatory pressures may have reduced in the US, enforcement appears to be becoming more collaborative across other jurisdictions. Global businesses need to maintain strong Integrity and Due Diligence practices to navigate this increasingly complex regulatory environment and so mitigate corruption risks.

Overlapping global enforcement

Despite the pause in DoJ enforcement, multinational businesses operate in an environment where multiple jurisdictions actively enforce anti-bribery laws. Many of these countries have extra-territorial bribery laws that hold companies accountable for corrupt practices, even when they occur beyond their borders.

For example: the UK Bribery Act imposes strict liability on companies for failing to prevent bribery, making it one of the most comprehensive anti-corruption laws globally; China also has intensified its enforcement against bribery involving multinational businesses operating within its borders; and a wide range of jurisdictions – from Brazil to Russia, including the entire EU – have similar legislation in place.

This regulatory landscape necessitates that businesses must remain proactive in their compliance efforts, as enforcement extends beyond any single country’s borders.

History also provides a clear reminder of the seriousness with which regulators globally take corporate bribery, and that bribery overseas may often breach legislation elsewhere. Four of the largest FCPA settlements in history included significant fines or settlements in other jurisdictions in relation the same matter: the US regulator settlements totalled almost USD 3.4 billion for these four cases, while further fines and settlements of almost USD 3.6 billion were imposed by regulators in the UK, Singapore, Germany, the Netherlands, Sweden, and Brazil (among others) for the same matters.

These significant settlements highlight the global nature of anti-bribery enforcement and reinforce the need for businesses to maintain strong compliance programs and due diligence measures – that is, not just to adhere to the US laws, but to navigate the complex and increasingly coordinated regulatory landscape worldwide.

Beyond the DoJ: SEC enforcement in the US

While the temporary pause in DoJ enforcement means that new FCPA prosecutions and investigations are on hold, the Securities & Exchange Commission (SEC) continues to investigate and prosecute FCPA violations that fall under its jurisdiction. For companies regulated by the SEC, maintaining strong anti-bribery and compliance measures is critical to safeguarding reputation and protecting shareholder confidence. Furthermore, investors, analysts, and the broader financial market also increasingly scrutinise companies for ethical business practices, and failure to uphold reasonable integrity standards can lead to stock price volatility, loss of investor trust, and long-term damage to corporate value.

Moreover, in today’s regulatory environment, businesses must demonstrate compliance and ethical integrity to secure partnerships with highly regulated companies, multinational corporations, and financial institutions. Many organisations, particularly those in industries such as finance, healthcare, and government contracting, impose stringent due diligence requirements on their business partners. Companies that fail to meet these standards risk exclusion from business opportunities, supplier networks and cross-border transactions.

Further benefits of Integrity Due Diligence – beyond compliance

Implementing a thoughtful, risk-based approach to anti-bribery compliance – including a standardised, global and risk-based approach to Integrity Due Diligence screening – not only safeguards against bribery risks and ensures compliance with global laws, but also strengthens supply chains, minimises operational risks, and enhances a company’s market reputation. Proactive integrity due diligence can also attract ESG-conscious investors and foster trust with customers, turning regulatory compliance into a competitive advantage. As enforcement approaches evolve, companies that proactively uphold integrity will be best positioned for sustainable growth and success in the international marketplace.