STATEMENT: Global economic players and their advisors are now impacted by updated US provisions on foreign corruption in business practices  

In February 2025, the new US administration decreed a 90-day pause in prosecuting certain economic activities which fall under the definition of foreign corruption and bribery on which provisions I have written and I have had published in legal journals in the past.

And, for practitioners, experts and observers, it was a breath-holding decision because we had already been exposed to a 1.0 version of the unpredictability of the individual who signed the February 2025 decree as mentioned.

It was breath-holding because, as has now been confirmed, many of us have seen this additional move as one which will further isolate what has become global business engagement with a local practise applying local customs, local cultures and local knowledge.

A few on LinkedIn, however, had thought it even maddening that such a decree could have been passed. But, after the 90-day pause, we have now been provided with clarity because the new and updated provisions as published have further weaponized the practices which are deemed corrupt in foreign business engagements to include, not just the businesses, but also their advisors and consultants, foreign entities, among others.

In conclusion, the consequence of the updated US provisions on foreign practices which fall into the definition of corruption as performed – either directly or indirectly – by entities and individuals are now targeted with draconian effects to include, but not limited to, personal and professional liability, risk and reputation exposure, to name but a limited few.

Marcia B. Moulon, Esq., LLB (Hons), LLM (IP), LEC, EFB

Attorney and Counselor at Law (NY, US) and Avocat (France, EU & Europe, Attorney at Law (Dominica, OECS & CARICOM), wAttorney at Law (Barbados, admitted)