National Security Issues Arising In Anticorruption Enforcement

Authors

Anthony J. LewisFollow
Aisling O'SheaFollow

Abstract

The overlap between national security and corruption has long been recognized; however, the government’s views on the nature of the overlap have shifted over time. For instance, in June 2021, the Biden administration announced an initiative to combat corruption as a core national security interest. The administration ordered a review by fifteen government agencies and offices, including the Central Intelligence Agency and the Office of the Director of National Intelligence. Then, in February 2025, the Trump administration declared that “overexpansive and unpredictable” enforcement of the Foreign Corrupt Practices Act of 1977 (“FCPA”) “actively harms American competitiveness and, therefore, national security.” To “eliminat[e] excessive barriers to American commerce abroad” and thereby advance U.S. national security interests, the Trump administration paused initiation of new FCPA investigations. The administration also ordered the Department of Justice (“DOJ”) to ensure that all active FCPA investigations and enforcement actions are within the proper bounds of corruption enforcement and preserve presidential foreign policy prerogatives. The DOJ ultimately concluded that it will continue to pursue FCPA enforcement that focuses on “the most urgent threats to U.S. national security,” including “in sectors like defense, intelligence, or critical infrastructure.”

Recommended Citation

Lewis, Anthony J. and O'Shea, Aisling "National Security Issues Arising In Anticorruption Enforcement," American University National Security Law Brief, Vol. 16, No. 1 ().
Available at: https://digitalcommons.wcl.american.edu/nslb/vol16/iss1/1