Bass, Berry & Sims attorney Samar Ali authored an article in the ACC Docket discussing today's cross-border regulatory landscape. Samar co-wrote the article with John R. Sandweg, partner at Frontier Solutions who previously served as acting director of U.S. Immigration and Customs Enforcement and acting General Counsel of the U.S. Department of Homeland Security.
As nations like the United Kingdom embrace isolationism through Brexit, the recognition of international borders is more important than ever as new rules and expanded enforcement loom over business practices as mundane as sending an email overseas. "Every time you cross a border, you enter a new legal jurisdiction," the article notes. "For each jurisdiction, you have a new governance system, complete with laws and regulations that you must comply with – in addition to the numerous domestic laws that are triggered as a result of your working outside of the United States."
As few businesses aren't touched by a cross-border component, it is important to make sure that the legal department is constantly collaborating with the different business functions to communicate and manage the flow of goods, services and personnel across borders. As the United States, the United Kingdom and others follow suit on increasingly isolationist policies, the authors recommend designating a cross-border manager who can monitor the fast-changing developments in cross-border matters, regularly update best practices and employee training, and pay special attention to company's interests in other parts of the world.
The full article, "Brexit and Beyond: A New Cross-Border Landscape," was featured as the cover story in the June 2017 issue of ACC Docket and is available in the PDF below.