Trust The Leaders

Issue 24 / Summer 2009

• Homeland Security: A Corporate Concern What is “homeland security,” and why should it matter to my company? You may ask yourself these very questions when you stop and think about homeland security. Everyone has a general sense of what “homeland security” means but not everyone understands how it affects their daily lives and occupations.
• The Broad Reach of Chemical Security Regulations: SECTION 550 OF THE DHS APPROPRIATIONS ACT OF 2007 The wide array of potentially harmful chemicals used in American industry — drew the immediate attention of Congress because of the high potential for damage. But while the need for regulation was immediately apparent after 9/11, there was no clear consensus on the best manner by which to assure the security of our nation’s chemical facilities.
• Developments in AVIATION Security Rules In recent years, commercial aviation has grown accustomed to increasing levels of governmentalregulation designed to enhance security. Under the auspices of the Transportation Security Administration (TSA) of the U.S. Department of Homeland Security, the flying public has endured shoeless shuffles through metal detectors in airports. It is now the turn of a new group — corporateand other general aviation — to be regulated by TSA.
• The SAFETY Act: Risk Management for Anti-terrorism Products and Services Faced with this reality, many companies are in the business of providing protection against terrorism in the form of products (software and others) and services. However, developers of these technologies face risks. What happens if a product fails to stop the attack it was designed to prevent? What happens if protective software is breached in an attack? How many lawsuits will the product developer face? These liability concerns could deter potential manufacturers or sellers of anti-terrorism technologies from developing, deploying and commercializing these potentially life-saving technologies. The SAFETY Act is intended to addressthese concerns.
• Agroterrorism: What It Is and Why It Should Matter to You Agroterrorism is a type of bioterrorism used to attack an element of a nation’s or region’s agriculture with the primary goal of causing economic disruption, hardship and fear. A state sponsor of terrorism can use agroterrorism to weaken an enemy’s economy or soften its resolve. A group thatemploys agroterrorism as a tactic can\ further its goals and punish an adversary by causing fear and economic hardship without killing people.
• Foreign Acquisitions and U.S. National Security: When is CFIUS Notification Appropriate? In November 2008, the U.S. Department of Treasury issued final regulations (the “Final Regulations”) that implement the Foreign Investment and National Security Act of 2007 (FINSA). FINSA, which overhauled Section 721 (commonly known as the “Exon-Florio” section) of the Defense Production Act of 1950, allows the President, acting through the Committee on Foreign Investments in the United States (CFIUS), to review and investigate certain transactions whereby a foreign person acquires control over a U.S. business to determine the effect of such transactions on U.S. national security.
• Insecurity Over Homeland Security: Navigating the Ever-Changing Landscape of Employment Eligibility Verification States have joined the immigration fray out of frustration over our porous borders and lack of federal enforcement of existing laws designed to keep illegal immigrants from being employed. Here’s a survival guide for employers caught in the crossfire of state and federal regulations.
• Customs and Border Protection: The Face of DHS at the Border Customs and Border Protection (CBP), one of the major constituents of the Department of Homeland Security (DHS), has its origins in revenue collections. Before the income tax, customs duties were the primary source of federal government funding. Now, customs revenues pale in contrast to income tax collections, perhaps $21 billion vs. $1.5 trillion annually.