Foreign Corporations Doing Business in the United States
Guidance for Post-September 11 activities
Recently we have been advising several corporations in Europe and Asia about the changes that they might expect in doing business in the United States following the September 11 events. We have also noted the overwhelming concern among these companies for the victims and survivors, and the desire among these foreign companies to make contributions to victims’ funds, which is very gratifying. Foreign companies understandably have a heightened awareness concerning their U.S. activities and have requested advice concerning potential changes in doing business. Although we do not give legal advice on our website, we can pass on some practical thoughts and issues to consider:
- First and foremost, doing business in the United
States is still the same open, safe and growing arena as
ever. Fear and excessive concern are the main enemies. Those
few companies that we have encountered that are afraid to
send employees here and expand offices here are the ones
that will regret it, whereas the companies that continue
to support and expand their business here will be rewarded.
- Employees being sent to the U.S. should be
given an extra orientation about the heightened security
among customs agents and airport security officials, so
that they will know what to expect, particularly regarding
what items may be carried on airplanes during travel.
- Companies seeking visas for business travel
to the U.S. for their employees (H-1B and L-1 primarily)
should increase their relations with the local U.S. consulate
and discuss issues and concerns. Delays and increased scrutiny
are to be expected. Consult your immigration counsel.
- Review your insurance policy coverage that
pertains to your U.S. operations and properties to see how
terrorist acts might be treated.
- Review your commercial contracts, especially
the terms of liability exclusion, in order to see if exceptions
or exclusions for acts of terrorism are clear and appropriate.
- Adopt a patient and cooperative atmosphere with the U.S. government agents that you encounter in visa, travel and business activities. Although our government is taking increased measures, we in the U.S. are all committed to maintaining a free and open global marketplace