LENS Essay Series: “The Foreign Corrupt Practices Act Resurrected: The Newest Tool in the National Security Kit”
In the latest selection for the LENS Essay Series, Duke Law 2L Alison Tobin writes about recent changes wrought by an executive order regarding the enforcement of the Foreign Corrupt Practices Act and its implications for national security. Entitled the “Foreign Corrupt Practices Act Resurrected: The Newest Tool in the National Security Kit,” she brilliantly unpacks the issues that have emerged since the executive order.
Alison argues “that refocusing the FCPA to issues of national security transforms the Act into a unique foreign policy tool that may advance the United States’ position in the global scheme.” Importantly, she also “suggests several ways for the administration to bolster its use of the FCPA in this manner and considers reform that Congress or the courts can take if they find this use egregious.”
The FCPA is a topic that virtually every law firm with clients engaged in international business must address, and it illustrates the widening scope of the ‘national security’ practice area.
Alison clearly articulates her views, and does so in an authentically scholarly way. Because of its readability, I found her article a great way to become more familiar with the topic and understand the hot issues associated with it.
Again, her essay is available here, and the abstract of it is below.
The Abstract:
The Foreign Corrupt Practices Act (the “FCPA”) has entered an unprecedented era of enforcement – one focused solely on national security. On February 10, 2025, President Trump issued an Executive Order pausing FCPA enforcement for 180 days and called for the Department of Justice to update enforcement guidelines to align the FCPA with the administration’s “America First” policies. The Executive Order sent shockwaves through the compliance community, garnering criticism domestically and internationally. To some, the FCPA was “clearly dead,” killed by the Trump II Administration. However, the FCPA is back and alive, resurrected with a new focus – national security.
Historically, national security concerns were a reason not to enforce the FCPA. Now however, new Department of Justice guidelines make clear that a national security concern must generally be present for the Act to be enforced, leading to a new era of the FCPA – one transforming the Act into a tool of foreign policy. This essay explores the implications of using the FCPA in this manner, including the potential impact these changes may have on the United States’ international obligations under anti-corruption treaties. Ultimately, this essay argues that refocusing the FCPA to issues of national security transforms the Act into a unique foreign policy tool that may advance the United States’ position in the global scheme. However, this essay suggests several ways for the administration to bolster its use of the FCPA in this manner and considers reform that Congress or the courts can take if they find this use egregious.
About the Author
Alison Tobin is a 2L at Duke University School of Law. Originally from Scottsdale, Arizona, Alison graduated from the University of Arizona in 2023 with majors in Law and Philosophy and a minor in Spanish. Prior to law school, Alison was an associate at a government relations and lobbying firm in Arizona, where she examined the law through a legislative lens.
During her 1L summer, Alison worked as a Summer Associate at Snell & Wilmer, LLP in Phoenix, Arizona, where she will return during her 2L summer. At Duke Law, Alison is a staff editor on the Alaska Law Review and is a member of the Women’s Law Student Association and National Security Law Society. During her free time, Alison enjoys backpack traveling, trying new workout classes, and spending time with her two cats.
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