On June 29, 2017, Steptoe published its US Foreign Corrupt Practices Act (FCPA) Mid-Year Review. There was a flurry of enforcement actions in the beginning of January to start off 2017, including some major resolutions that broke new ground in international anti-corruption enforcement. After the change in administration on January 20, 2017, however, there were no further corporate FCPA resolutions announced until the June 2017 declination issued to Linde Gas North America LLC and Linde North America Inc. Although this period of inaction raised some questions about the Trump administration’s commitment to continued enforcement of the FCPA, it is likely at least in part that the situation was caused by delays in key appointments within the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC). While President Trump has previously voiced some skepticism about the law, senior political appointees such as Attorney General Sessions have indicated that the DOJ would continue to enforce the FCPA “as appropriate based on the facts and circumstances of each case.”
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