On June 10, 2025, the U.S. Department of Justice (DOJ) announced changes to enforcement of the Foreign Corrupt Practices Act (FCPA), marking the end of a four-month pause initiated by President Donald Trump. These developments have implications for Swiss companies engaged in international business, particularly those with ties to the U.S.

The DOJ has resumed FCPA enforcement but with a more targeted approach. Deputy Attorney General Todd Blanche stated that future investigations will prioritize eliminating cartels and transnational criminal organizations, advancing U.S. national security, and bribery schemes that significantly disadvantage U.S. companies, rather than smaller infractions.

In a footnote, the DOJ’s memo observes that the «most blatant bribery schemes have historically been committed by foreign companies» and that «the most significant FCPA enforcement actions—measured both by the scope of misconduct and the size of the monetary penalties imposed—have been overwhelmingly brought against foreign companies.»

For Swiss companies with operations or listings in the U.S., these changes may influence the risk landscape for international business dealings. The DOJ’s focus on cases affecting U.S. strategic interests could lead to increased scrutiny of transactions in sectors like energy and defense.

Continued enforcement by the Securities and Exchange Commission (SEC), which maintains authority to pursue civil enforcement actions under the FCPA’s accounting provisions, underscores the importance of maintaining robust internal controls and compliance programs to detect and prevent potential violations.