For decades, businesses have relied on anti-bribery laws like the Foreign Corrupt Practices Act (FCPA) as a baseline for ethical contracting.
Now, that foundation is shifting.
With enforcement of the FCPA paused, businesses are left in murky territory: Do they continue enforcing FCPA compliance internally, knowing regulators may not act? Do they adjust contract terms prospectively, assuming the government will reinstate enforcement? Or do they take a wait-and-see approach, knowing that inaction could create legal exposure in other jurisdictions?
When regulations change but contracts don’t, businesses can be left exposed — to disputes, liability, and reputational damage. Here’s what’s happening with the FCPA, why it matters, and how AI contract lifecycle management (CLM) software can safeguard against uncertainty.
At its core, the FCPA makes it illegal for U.S. businesses to bribe foreign officials to secure business advantages. Since its enactment in 1977, it has shaped the way companies negotiate contracts worldwide, influencing vendor agreements, M&A deals, and supply chain policies.
Most global businesses have anti-bribery clauses in their contracts that reference FCPA compliance. Such clauses exist to:
So, what happens now that FCPA enforcement is paused? Uncertainty, for starters. Some businesses may try to remove or weaken these clauses, thinking they no longer need them. Others may hesitate to update contracts at all, unsure of what’s coming next.
But the trickier part is navigating what this means in conjunction with other anti-bribery laws. Countries like the UK, Canada, and those in the EU still have strict compliance requirements, including the UK Bribery Act, which applies to any business with ties to the UK — no matter where they’re headquartered. But the trickier part is navigating how these regulations intersect with other anti-bribery laws. Countries like the UK, Canada, and those in the EU have strict compliance requirements, including the UK Bribery Act, which applies to any business with ties to the UK — regardless of where they’re headquartered. And just as GDPR applies to vendors, processors, and controllers no matter where data originates, anti-bribery laws often take a similarly expansive approach. So even if U.S. enforcement eases, companies — and particularly customers — could still be held accountable under other jurisdictions, making compliance a global, not just a local, concern.
Regulatory shifts create inconsistencies. Without a clear legal standard, agreements will start to contradict each other, leaving businesses with contracts that work against them instead of for them.
Contract risk doesn’t always come from deliberate misconduct. It comes from assuming contracts are keeping up with the law — without verifying that they actually are.
Like most enterprise teams, you probably don’t have time to review every contract manually when regulatory enforcement changes. You need clear visibility into which agreements contain outdated clauses, where compliance risks exist, and how to make updates without disrupting operations.
This is why you need AI contract management software: it helps you monitor compliance across all agreements, ensuring contracts remain enforceable even as legal standards shift.
IntelAgree, for example, recently worked with a customer who needed to quickly identify every contract containing FCPA references following the regulatory change. Using IntelAgree's generative AI-powered tool, Saige Assist, the team instantly surfaced all affected agreements. With Saige Assist: Search, they not only generated a full list of relevant contracts, but also could click “View Results” to see exactly where FCPA clauses appeared within the text — without having to open and scan each document manually.
A contract that creates doubt creates risk. Every agreement signals how a company manages risk, enforces obligations, and handles regulatory uncertainty. Businesses that keep compliance at the core of contract strategy prevent unnecessary obstacles and maintain stronger control over their agreements:
Businesses are still bound by the agreements they’ve signed, still accountable to global compliance expectations, and still responsible for managing risk — whether enforcement is active or not. Assuming contracts will hold up under shifting legal standards isn’t a strategy. It’s a liability waiting to surface.
Legal teams that take control now won’t have to fix costly mistakes later. Visibility into compliance clauses, enforceable contract terms, and proactive risk monitoring separate businesses that adapt from those that scramble. Schedule a demo to see how IntelAgree helps companies keep contracts aligned, enforceable, and built for whatever comes next.