Why Trump’s Decision to Axe the FCPA Isn’t Going to Help U.S. Business as Much as He Thinks

U.S. Commerce Secretary nominee Howard Lutnick speaks as U.S. President Donald Trump signed an executive order February 10, 2025 that paused the Foreign Corrupt Practices Act. Andrew Harnik / Getty Images via AFP

In a bold and undoubtedly controversial move, U.S. President Donald Trump suspended enforcement of the Foreign Corrupt Practices Act (FCPA), a law prohibiting U.S. companies from engaging in bribery abroad. The president framed the decision as a way to boost the competitiveness of U.S. companies—particularly those battling against Chinese rivals—in some of the world’s most challenging markets, including countries in Africa, Asia, and the Middle East.

The FCPA’s demise received little attention in the U.S. media amid the overwhelming flurry of executive orders coming from the White House since Trump took office less than a month ago. But even though few people noticed, the move nonetheless signals a seismic shift in U.S. policy and will profoundly impact U.S. corporate ethics abroad, especially as competition with China over critical minerals and metals intensifies.

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