Trump freezes U.S. law prohibits bribery of foreign officials

Supporters of the Foreign Corrupt Pact Act (FCPA) call it an important anti-bribery regulation outside the U.S. to make companies honest and honest, compared to legal critics say it is unfair for U.S. companies , provides an advantage to foreign players.

President Trump stood aside on Monday. “It sounds good on paper, but in reality, it's a disaster,” he said. “It means more business for the United States.”

Mr. Trump cannot overturn the law, but as head of the executive branch, he can change the way it is executed and transfer resources to other Justice Department priorities.

During the FCPA review, his orders made a “pause” on all investigations for 180 days. He also ordered no new ones to be opened during this period. The order also said the law would cease other Justice Department “actions”, which could mean that ongoing prosecutions are not clear.

President Trump said the suspension also requires his administration to time for new “reasonable” guidelines on how to enforce laws that prevent U.S. companies from being in violation of foreign transactions.

Experts say the consequences could be dramatic based on Mr. Trump’s next move.

If he stops many prosecutions, essentially violating the law, it can help our businesses win deals abroad. But doing so could also make the image of the United States an image of a place where business is safe and give the green light to corrupt dictators who rule the poor to become richer. France, the United Kingdom, Japan and other wealthy countries may also weaken their own anti-bribery laws so that their companies can pay as well.

“We are facing a wild western situation,” said Mark Pieth, a criminal law professor at the University of Basel in Switzerland and an expert in anti-bribery law. “Everyone is going to be against everyone.”

Mr Trump said the law is being enforced in an “over, unpredictable” manner, leaving U.S. companies competing with foreign competitors with uneven “sports fields.” He also said the law was “draining resources” from law enforcement and harming U.S. national interests because companies were blocked, which would give U.S. access to deepwater ports, critical minerals and other assets.

Criminal defense attorney Duncan Levin said he hopes Mr. Trump will be largely ignored to kill the law.

“He can't get rid of the law, but he can refuse to enforce the law,” Levin said. “I think it's just a pause.”

What is the Foreign Corrupt Act?

FCPA is a federal law that makes it illegal for U.S. companies and individuals to pay foreign government officials “to ensure any improper advantage” to win or retain business. SEC investigators found hundreds of U.S. companies won the business to foreign officials, which was enacted in the 1970s to address global corruption concerns. The law does not require that bribes be actually paid, but are only provided.

Over the past 50 years, prosecutions under the law have uncovered a long and diverse series of bribes.

Last year, military contractor RTX (formerly Thor has paid more than $300 million) settled allegations that it allegedly bribed officials in Qatar by using fake contracts and other equipment to hide its tracks.

In 2019, Walmart paid $282 million to resolve allegations of a seven-year investigation that won approval approval for the allegation that bribed local officials to open stores in Mexico, India and Brazil, including one claim For the contact of the “Witch”, he has an incredible ability to allow the problem to disappear.

Who executes FCPA?

The FCPA is jointly executed by the Securities and Exchange Commission, which handles civil enforcement related to bribery, and the Department of Justice is responsible for civil and criminal enforcement of the law.

According to the National Association of Whistleblowers, only criminal cases pose a threat to prison time, adding that the burden of proof is low in civil cases. In criminal bribery cases, the penalty for conviction is up to 20 years in prison, and the company faces twice as much fines as in illegal transactions.

Why is FCPA important?

The FCPA was enacted to protect U.S. operations from bribery.

By prohibiting companies from illegally paying for unfair advantages of foreign officials and requiring companies covered by law to maintain accurate records of payment transactions, design and maintain adequate internal accounting controls, the FCPA protects U.S. businesses from the costs of global corruption. From bribery, it helps ensure fair competition.

Criticism of FCPA

President Trump said the law is being enforced in an “over, unpredictable” manner, leaving U.S. companies vying for an uneven “sports field.” He also said the law was “draining resources” from law enforcement and harming U.S. national interests because companies were blocked, which would give U.S. access to deepwater ports, critical minerals and other assets.

Since the FCPA was enacted about 50 years ago, U.S. businesses complain that it causes more than just help and injustice, because bribery is common in some countries. Then under pressure from the United States, allies in the Organization for Economic Cooperation and Development began to make their own laws, especially after the fall of the Berlin Wall in 1989, when African and Asian countries, which were previously on the Communist track, opened up their operations.

Ultimately, according to Pieth of the University of Basel, 40 wealthy countries adopted anti-bribery laws based on the FCPA, which included prosecution of foreign companies doing business in their countries for conducting in third countries.

According to Pith, Mr. Trump weakens another danger to the FCPA. “If a U.S. company bribes because Trump gives them a green light, the French and the British will join the company,” he said. “It’s going to be a mess.”