Overseas Business Risk – United States

See below for information on key security and political risks which UK businesses may face when operating in the United States.

UKTI USA is not aware of any issues causing critical concern to UK customers in the areas of organised crime, corruption, physical security or political risk. We do, however, wish to highlight two topics that we consider most relevant: terrorism and intellectual property.

Bribery and Corruption

Bribery is illegal. It is an offence for British nationals or someone who is ordinarily resident in the UK, a body incorporated in the UK or a Scottish partnership, to bribe anywhere in the world.

In addition, a commercial organisation carrying on a business in the UK can be liable for the conduct of a person who is neither a UK national or resident in the UK or a body incorporated or formed in the UK. In this case it does not matter whether the acts or omissions which form part of the offence take place in the UK or elsewhere.

Visit the Business Anti-Corruption portal page providing advice and guidance about corruption in overseas markets.

Read the information provided on our Bribery and corruption page.

Terrorism Threat

The US Department of Homeland Security (DHS) operates a threat advisory system offering information on the current terrorist threat level in the US, and advice on protective measures. More details on the system, and the current threat level, can be found at www.dhs.gov. You may also wish to consult the Department of Homeland Security’s advice to businesses on at www.ready.gov.

Read the information provided on our Terrorism threat page

Intellectual Property

IP rights are territorial, that is they only give protection in the countries where they are granted or registered. If you are thinking about trading internationally, they you should consider registering your IP rights in your export markets.

US intellectual property law is well-developed and offers robust protection for businesses operating in the United States. US and UK intellectual property regimes are broadly similar but not identical. For example US patents are awarded on a 'first-to-invent' basis, rather than not the 'first-to-file' basis in the UK. The number of costly intellectual property infringement litigation cases in the US has increased markedly in recent years. The main government office responsible for intellectual property is the US Patent and Trademark Office (USPTO), which issues patents and trademarks and governs their use. Copyrights must be registered with the Copyright Office of the Library of Congress. Protection of trade secrets can vary from state to state, though most adhere to the Uniform Trade Secrets Act (UTSA). Businesses which have suffered intellectual property infringement have recourse to the domestic legal system.

Read the information provided on our Intellectual Property page.