The Foreign Corrupt Practices Act (FCPA), while enacted by the United States, has long exerted extraterritorial influence, particularly in jurisdictions such as Türkiye where U.S.-based multinational companies and their affiliates conduct substantial operations. The law applies not only to U.S. issuers and citizens but also to foreign entities that either list securities in the U.S., conduct business within its territory, or act in furtherance of a corrupt payment through U.S. channels. As such, Turkish subsidiaries, business partners, and even third-party intermediaries of American companies have historically been exposed to FCPA enforcement risks. The newly issued 2025 Guidelines by the U.S. Department of Justice (DOJ), following Executive Order 14209, mark a significant recalibration in enforcement priorities and may have nuanced implications for Turkish entities operating in connection with the U.S. market.

On February 10, 2025, President Trump signed Executive Order 14209 titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.” The Order marked a significant inflection point in the enforcement of the Foreign Corrupt Practices Act (FCPA), one of the United States’ cornerstone statutes in the global fight against foreign bribery and corruption. In response, the U.S. Department of Justice (DOJ) released a comprehensive memorandum on June 9, 2025, outlining a recalibrated enforcement framework focused on advancing national interests, prioritizing severe forms of misconduct, and protecting the competitiveness of American businesses abroad.

Executive Order 14209 establishes a 180-day moratorium on initiating new FCPA investigations and enforcement actions, unless the Attorney General grants an explicit exception. During this period, the DOJ is tasked with:

(i) Reviewing all existing FCPA investigations;

(ii) Recalibrating enforcement boundaries to prevent overreach;

(iii) Issuing updated guidance that prioritizes U.S. economic and national security interests.

To implement the Executive Order's objectives, the DOJ issued a set of updated Guidelines that outline how FCPA enforcement should be recalibrated. These Guidelines provide prosecutors with four main non-exhaustive criteria to guide their discretion when initiating or continuing an FCPA-related investigation. The following section outlines and analyzes these four focal points in detail.

Shifting Priorities: What the New Guidelines Emphasize

1- Involvement of Cartels and Transnational Criminal Organizations (TCOs):

Under the new framework, DOJ prosecutors are required to prioritize bribery cases that intersect with the operations of cartels and TCOs. This is consistent with broader Trump Administration policy, which includes the designation of some cartels as foreign terrorist organizations. Prosecutors are directed to target schemes involving money laundering, shell companies, or corrupt payments to foreign officials linked to these entities. This approach reflects an increased merging of anti-corruption enforcement with national security policy.

2- Harm to Specific U.S. Companies:

The Guidelines place a significant emphasis on whether a given bribery scheme caused economic injury to identifiable U.S. businesses. Misconduct that deprives American companies of fair competition abroad is considered a key enforcement trigger. This priority may encourage U.S. firms to file complaints against foreign competitors they suspect of engaging in corruption. It also underscores DOJ's shift toward protecting domestic economic actors, particularly when U.S. companies are directly disadvantaged.

3- National Security Considerations:

The Guidelines emphasize that enforcement should focus on bribery affecting sectors deemed critical to U.S. national security, including defense, intelligence, and key infrastructure projects. This emphasis aligns with broader foreign policy concerns and positions corruption as a strategic risk rather than solely a legal or ethical one. The DOJ is thus expected to direct resources toward cases involving the compromise of strategic assets or influence operations in geopolitically sensitive regions.

4- Focus on Serious Misconduct, Not Routine Practices:

Prosecutors are advised to avoid expending resources on minor violations, such as low-dollar gifts or routine hospitality, especially when such practices are considered lawful or customary in the host country. Instead, DOJ will prioritize cases that involve strong indicators of corrupt intent, such as large bribe payments, efforts to conceal payments, fraudulent documentation, or obstruction of justice. This shift is designed to prevent enforcement overreach and reduce the regulatory burden on U.S. businesses operating abroad.

In line with the more selective enforcement strategy, the Guidelines stipulate that all new FCPA cases must be approved by the Assistant Attorney General for the Criminal Division or a more senior DOJ official. Prosecutors are also urged to prioritize cases involving individuals over attributing vague wrongdoing to entire corporate structures.