STATEMENT: A big blow to international law instruments on combatting corruption

12.2.25

Yesterday’s Executive Order from President Trump to pause all foreign bribery enforcement until new guidance is issued and to review all past and current enforcement actions, is a major blow to the international fight against corruption. The impact of this order will also raise the cost of doing business and distort economic growth globally.

191 countries around the world have ratified the UN Convention Against Corruption which requires them to criminalise the bribery of public officials, and 46 countries around the world have ratified the OECD’s Anti-Bribery Convention which outlaws bribery of foreign public officials. 

A shift by the US to make foreign bribery enforcement subservient to foreign policy is likely to be a breach of the OECD Convention itself. It will seriously undermine the landmark international instrument which the US helped create 25 years ago and through which it has significantly raised standards of free and fair business practice globally.

This announcement comes on the back of a decision by the new US Attorney General on 5 February 2025 to close down the Department of Justice’s Kleptocracy team, the Taskforce Kleptocapture, and the Kleptocracy Asset Recovery Initiative.

As a coalition of anti-corruption organisations and experts, we have seen first hand the devastating impact that bribery and corruption has on poorer countries, exacerbating economic misery, eroding public trust in democratic institutions, destabilising governments and fuelling the global migration crisis.

A race to the bottom on corporate anti-corruption standards is likely to make low and middle income countries poorer, undermine progress towards the Sustainable Development Goals and threaten the foundations of stable and sustainable global growth. A US withdrawal from, or partisan enforcement of, the OECD Convention will open international businesses to more extortion, fuel unfair competition and result in everyone paying higher prices for inflated contracts.

We urge the UK government to:

1. Build a coalition of partners in the EU, Commonwealth countries and those in the Global South to defend international anti-corruption instruments;

2. Make clear representations to the US administration that it is neither in its national security or commercial interests to undermine the OECD Anti-Bribery Convention;

3. Significantly bolster support for the OECD Working Group on Bribery and maintain momentum for progress at the UN Convention Against Corruption;

4. Build capacity at the Serious Fraud Office and NCA to ensure that they can work with partners globally to maintain robust anti-corruption enforcement.

Gavin Hayman Co-Chair of the UK Anti-Corruption Coalition and Executive Director of the Open Contracting Partnership:

“This is a huge mistake that will make US and global businesses more vulnerable to extortion from tyrants, kleptocrats and thieves around the world. With the FCPA and then with the OECD Anti-Bribery Convention, the US was enforcing a level playing field for fair business practices for all global businesses, now American companies will be at the mercy of a race to the bottom.”

Susan Hawley, Co-Chair of the UK Anti-Corruption Coalition and Executive Director of Spotlight on Corruption:

“The UK must now step up to a global leadership role on fighting corruption and upholding international anti-corruption law. A law of the jungle approach to winning big mining and infrastructure contracts will impose devastating costs on the people of poorer countries, increasing poverty and entrenching kleptocratic elites. As an ally of the US, the UK needs to make clear that its actions undermine anti-corruption efforts globally and are in the interest of no-one, least of all the US.”

Duncan Hames, Director of Policy and Programmes at Transparency International UK:

“High profile enforcement of foreign bribery laws actually helps businesses rebuff demands for them to pay bribes overseas. Instead of supporting American businesses, suspending enforcement of the Foreign Corrupt Practices Act gives a green light to corrupt officials everywhere to attempt to extort money from them - this is sure to encourage corruption around the world and make things harder for businesses operating in difficult markets.”

Notes:

1. President Trump’s Executive Order directs the US Attorney General to pause all enforcement of the Foreign Corrupt Practices Act, review all past and existing foreign bribery enforcement and issue new guidelines which promote American competitiveness and efficient use of law enforcement resources. 

2. The Attorney General’s Memorandum to all Departmental Employees lays out the decision to close down kleptocracy related work at the Department of Justice.

3. Transparency International U.S. said: “The executive order diminishes the crown jewel in the U.S.’s fight against global corruption. We strongly urge President Trump and Attorney General Bondi to resume regular enforcement of the FCPA during the review period, and ensure any new guidelines are consistent with values and intent of this landmark law.” You can read their full statement online here.