Christopher Landau, Undersecretary of State of the United States, he visited Mexico and 13, Mexico and El Salvador from June 10 to 13, and closed its tour in Guatemala. At a press conference offered on Monday, June 16, he commented on the results of his visit.
He also presented the reasons for the review of the implementation of the Law on Corrupt Practices abroad (FCPA), as well as the approach and reasons for said review.
In context, in February 2025, the US President Donald Trump issued Executive Order 14209, with which the FCPA application temporarily suspended. In this order he instructed the Department of Justice, through the Attorney General, to suspend for 180 days the beginning of any new investigation or compliance action under that law. In addition, he ordered to review the ongoing investigations or actions in detail and issue updated guidelines or policies that govern the investigations and the application of that legislation.
Trump argued that the measure sought to promote the economic and national security of the United States. He added that the excessive application of the law could harm the interests and economic competitiveness of the country, as well as its national security, being used against US citizens and companies by routine commercial practices in other countries.
However, last week, the US Department of Justice issued new guidelines to resume FCPA implementation. These were established in a memorandum published by the attached Attorney General, Todd Blanche, and addressed to the Head of Criminal Division.
New guidelines
Landau explained that the United States government visualizes a more prosperous future for Latin America, with greater foreign investment. However, he warned that there must be an attractive environment for investors, which includes legal certainty, political stability and security.
Considered that during his visit To the three countries, the economic issues were of greater interest for the United States. He stressed that this represents a change in the foreign policy of the country, where economic growth had not been a central pillar of diplomacy in previous decades.
The Undersecretary affirmed that political stability can also be built on a basis of economic prosperity.
In that context, it was consulted on the feasibility of implementing the new guidelines based on the aforementioned memorandum in the short term, which proposes to use US justice tools in places where the free competition of US companies is affected or where there are officials or corrupt politicians who support drug cartels.
Although he avoided going into details, Landau questioned why Chinese businessmen have penetrated the region in recent years, unlike Americans, who have more than a century of presence in the region. And he suggested that there could be discouragement for investment abroad, so they should analyze the situation.
He explained that the anti -corruption law in force in his country prohibits American entrepreneurs from making corrupt payments in other countries. He indicated not having objections with the law – approved about 50 years ago by Congress – and added that no one wants a future where investments are based on corruption.
Landau pointed out that corruption in the region is a capital challenge. The reevaluation ordered by Trump seeks to prevent US businessmen from refraining from investing since they express fear of legal problems derived from research.
He clarified that the intention is that the law fulfills its purpose of preventing US citizens or companies from strengthening corruption systems in other countries, without discouraging legal investments. He added that the strict application of the law may end up discouraging even legal practices if it does not apply equity.
The Department of Justice, he said, investigates how the law is being applied to ensure that it is fairly.
Landau stressed the will to work with the American private sector to promote transparent investments. He indicated that they cannot direct where companies put their investments, since that is a decision of each one and they know better than anyone where they should invest their capital, however that if they lack information or contacts, the government wants to support them, among others if they are interested in investing in some of these projects in Latin America, including El Salvador, Guatemala, Mexico.
He emphasized the need to thoroughly analyze the bases of Chinese investments in the region and expressed his desire that US investment was based on transparency and justice for all parties.
The official considers that it should be more thoroughly what are the bases of some these Chinese investments, because he believes that “no one should like if there is an investment as a result of a corrupt agreement, since that does not suit anyone”, much less the country where it is invested.
Therefore, he hopes that when there is American investment, it will always be on a basis of transparency and justice for all involved, “for us, for our companies and for companies there and for their peoples and not for corrupt politicians,” said the Undersecretary.
Scope
Although the official avoided specifying details about the new guidelines and their implementation date, sites specialized in legislation explain the new approaches contemplated in the Memorandum of the Department of Justice. Among the key criteria stand out:
- Bonds with transnational organized crime and international criminal networks.
- Corruption practices that affect US companies, especially if they prevent fair competition or cause economic damage.
- Impact on national security in strategic sectors such as critical infrastructure, intelligence or defense.
- Obvious intention of corruption, such as substantial payments, concealment schemes or acts of obstruction of justice.
- Evaluation of the disposition and capacity of local authorities to investigate and sanction those facts.
Guatemala
Landau indicated that both the Secretary of State, Marco Rubio, and he, have raised for years the need for the United States to focus more their diplomacy in the region. Therefore, they decided to visit these countries on their first trip abroad.
Asked about the issues addressed in Guatemala, he said that with President Bernardo Arévalo and his team found coincidences in fundamental issues of the bilateral relationship, such as migration and repatriation of Guatemalan citizens who return from the United States, as well as in economic opportunities.
He said that prosperity and stability in Guatemala are shared interests with the United States, as are security issues. He mentioned that “fentanyl is entering everywhere in the hemisphere”, especially chemical precursors, and that Guatemala joins as a partner in the fight against drug trafficking.
He added that infrastructure and energy development projects were discussed, and how to promote economic growth. He indicated that this involves both the Government and the private sector Guatemalan and American, with whom he held meetings on investment opportunities, especially for entrepreneurs in his country.
It did not respond if the suspension of visas is evaluated to actors that affect the democratic deterioration of the country.
Chinese presence
He considers that there are great opportunities for both countries (USA and El Salvador) and observe a fundamental role that he can play is to see where those barriers that have discouraged American investment in the region have been discouraged, and because that situation has been reached where China is everywhere where it was not even 10, 20, 30 years ago, he added.
“Never have it occurred that China would have a commercial economic presence greater than that of the United States in many of these places,” he said, so he has the United States government to see how he can work more hand in hand with the private sector to support their efforts, to direct their interest a little and tell them that there are great opportunities in the region.
Therefore, he said, they want to work so much with the leaders of the region, with governments and private sectors to identify where US investments and capital could be useful and connect them with the private sector, although he insisted that as a government they cannot be directing those government investments, but they can support to expedite that connection process. “And I believe that maybe we have not been one of the most efficient we can,” and does not observe it as much as something against China, but in favor of the United States businessmen and the countries of the region.
With information from www.sprinforma.mx and https://blplegal.com/