What Will Result from a Pause in FCPA Enforcement?

Ronald Oleynik, co-head of the firm's International Trade Practice, was quoted in The Dialogue's Financial Services Advisor discussing the implications of the pause in Foreign Corrupt Practices Act (FCPA) enforcement. Mr. Oleynik described President Donald Trump's order halting FCPA enforcement as a significant shift from the country's longstanding efforts against bribery and corruption, which have influenced global anti-corruption legislation. He explained the change will likely have a minimal immediate effect on U.S. businesses abroad because of existing international anti-corruption laws. However, he cautioned, the FCPA's statute of limitations extends beyond the end of Trump's term, meaning future administrations could resume enforcement against companies not in compliance.

"[A]s the FCPA statute remains in force with a five-year statute of limitations (expanded to seven under certain conspiracy scenarios), a removal of the 'halt' in enforcement by the next presidential administration will have turned out to be a trap for any company that thought it now had free reign," he said.

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