Executive Summary
- What’s new: A group of 14 Democratic senators has introduced the FCPA Reinforcement Act, which would double the statute of limitations for criminal anti-bribery violations under the FCPA from five to 10 years.
- Why it matters: The proposed legislation signals a potential shift toward more aggressive anti-corruption enforcement, particularly if political control changes, and is relevant to all companies subject to the FCPA’s jurisdiction.
- What to do next: Companies may want to maintain strong compliance programs and avoid relaxing anti-bribery controls, as current and future conduct could face extended enforcement risk if the bill or similar measures are enacted.
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On March 9, 2026, a coalition of 14 Democratic senators introduced the FCPA Reinforcement Act, which would double the statute of limitations for criminal anti-bribery violations under the Foreign Corrupt Practices Act (FCPA) from five to 10 years.
The bill is a direct legislative counter to the Trump administration’s narrowed FCPA enforcement posture. Though passage is unlikely in the current Congress, the legislation is notable as a signal of potential future enforcement trends, a message to the compliance community and a window into how a Democrat-led government might address anti-corruption issues in the future.
It is also a reminder that companies should not interpret the Department of Justice’s (DOJ’s) current enforcement posture as an opportunity to relax compliance efforts.
Current Statute of Limitations Framework
Currently, the FCPA uses the five-year “catch all” provision in 18 U.S.C. § 3282 (for criminal actions) and 28 U.S.C. § 2462 (for civil actions). If the DOJ charges a conspiracy, as it often does in FCPA enforcement actions, the five-year limitations period does not start until the last overt act in furtherance of the conspiracy is committed.
Furthermore, under 18 U.S.C. § 3292, in a criminal case, the DOJ can seek to toll the limitations period while seeking evidence located in a foreign country, which is common in FCPA matters given their inherently cross-border nature.
FCPA Reinforcement Act
The two-page bill is succinct: The statute of limitations for criminal anti-bribery violations under the FCPA would double from five to 10 years. If not renewed within eight years of enactment, the limitations period would revert to five years.
Beyond its legislative content, the bill serves as a political statement. It signals to companies that:
- The current lull in FCPA enforcement may be temporary.
- Conduct occurring now could be prosecuted years into the future.
- A future administration — particularly a Democratic one — may have both the time and resources to pursue enforcement more aggressively.
If the upcoming 2026 midterm elections give Democrats control of both chambers and the Democrats win the White House in 2028, the FCPA Reinforcement Act (or a successor bill) could pass. The bill’s eight-year sunset provision is designed to extend across two future administrations, and the 10-year limitations period would likely capture any conduct that occurred within five years of its enactment.
Key Takeaways
The FCPA remains fully in effect, and conduct occurring today is subject to the same legal prohibitions as in prior years. The statute of limitations is already running — misconduct in 2026 could result in criminal exposure through at least 2031, even without an extension under the proposed FCPA Reinforcement Act.
Companies should consider continuing to prioritize robust compliance programs and avoiding complacency during the current period of reduced enforcement activity. Remaining vigilant now will help mitigate future risks, regardless of potential legislative changes.
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