DOJ NSD Announces First 'Near-Miss' Non-Prosecution Agreement
The National Security Division and EDNC announced the first 'near-miss' non-prosecution agreement under DOJ's revised corporate enforcement policy, turning that new policy language into an operative precedent.
On October 27, 2026, DOJ's National Security Division and the U.S. Attorney's Office for the Eastern District of North Carolina announced a non-prosecution agreement (NPA) with a corporate entity, described as the first "near-miss" NPA under DOJ's revised corporate enforcement policy. The available report excerpt does not identify the counterparty, the underlying conduct, or the NPA's terms, so the specific factual predicates and any export-control or sanctions nexus remain unconfirmed here.
Why sophisticated counsel should care: the revised corporate enforcement policy added explicit "near-miss" guidance, signalling that DOJ may credit steps companies took to prevent, detect or remediate misconduct, and that an NPA may be available even where criminal charges were considered. The first publicly reported application of that category gives compliance teams, in-house counsel and defense counsel a citable example when arguing for declination or graduated resolution rather than full prosecution. Resolution through the National Security Division and EDNC also suggests the framework is being used outside the Southern District of Texas, where most corporate declinations and NPAs have historically been negotiated, and in a division with a substantial export-control and sanctions docket.
Next to watch: release of the NPA text and any accompanying declaration, the identity of the counterparty and the conduct that triggered the near-miss label, and whether other DOJ components follow with comparable agreements.