Congress Members Urge DOJ to ‘Robustly Enforce’ FEPA

FEPA addresses a perceived gap in the Foreign Corrupt Practices Act (FCPA) by authorizing the prosecution of any foreign official who demands a bribe from a US company, an American, or from any company listed on a US stock exchange. Under FEPA, prosecutors can target foreign officials who demand bribes from US companies abroad even if the bribes are not accepted. 

FEPA also requires the US Department of Justice (DOJ) to submit an annual report to US Congress detailing the prevalence of conduct covered by the statute (foreign officials demanding or receiving something of value related to a company or individual obtaining or retaining business), as well as the DOJ’s effectiveness in enforcing the statute. The report is also to be posted publicly on the DOJ website. To date, no report has been publicly submitted or posted.

In their letter, members of Congress noted that “[r]obust enforcement of FEPA is central to advancing key Administration priorities,” including those in President Trump’s February 2025 Presidential Memorandum on “Defending American Companies and Innovators from Overseas Extortion and Unfair Fines and Penalties” and the DOJ’s “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime” white-collar enforcement plan. They further note that aggressively prosecuting FEPA cases can have positive impacts across the entire US economy, including energy, mining, and defense sectors “by reducing their long-standing and significant exposure to foreign demands for bribes.”

Members of Congress urged the DOJ to realize its commitment to prioritize FEPA cases with national security implications, including those involving foreign adversaries, sanctions evasion, and corruption that undermines US firms abroad.

As we noted in our earlier articles, it is crucial for companies to regularly evaluate and evolve their compliance programs. Companies that interact with foreign officials, especially through third parties, should examine their due diligence procedures to ensure they understand potential risks in their business operations and interactions. Relatedly, companies should implement internal reporting mechanisms that can effectively detect and elevate potential FEPA and FCPA concerns.