Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Implications of Brexit for U.S. Companies

By Jeffrey Neeley on June 28, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

For companies engaged in the international trade of goods or services, the decision of the United Kingdom to exit from the European Union, creates uncertainty on many levels. Laying aside political effects, such as potential reconsideration of Scotland’s 2014 decision to remain in the U.K. (Scotland having overwhelmingly voted to stay in the U.K. during the Brexit referendum), the legal issues stemming from the Brexit decision are almost too numerous to mention.  But, for a U.S. company thinking through the implications of Brexit, resultant changes in treaty obligations, British law, and U.S. law are the major categories to monitor carefully.

Timing

According to the U.K. government, consideration of legal changes and negotiations on treaty obligations will begin in October 2016, upon the effective date of the resignation of Prime Minister Cameron’s government. Realistically, under the U.K. government schedule, a new government is not likely to begin negotiation until early 2017, and the withdrawal shall be effective after two years of notification of withdrawal, whether or not an agreement has been reached. Extension of the two-year timeline can only be extended by a unanimous decision of the European Council. Whether the EU will have the same approach to the pace of breakup may depend on whether EU governments see the uncertainty created during this interim period as being too risky, and if they will push for a faster pace.

International Agreements

The U.K. has been integrated into Europe since 1973 when it joined the European Economic Community (predecessor to the EU) and its international obligations and rights have been negotiated and agreed to as a part of the EU. Once it is no longer part of the EU, the U.K. will not only need to expand the size of its government to take on those tasks, but will also need to reach new international agreements on issues such as trade and customs, banking and insurance, foreign investment, and immigration. The U.K. will remain a member of the World Trade Organization, but Roberto Azevedo, the WTO’s director general, has commented that the U.K. will be “the only WTO member without a list of its commitments… it’s a legal uncertainty…. [N]obody has that crystal ball.”

U.K. Law

As part of the EU, the U.K. does not have its own laws on many issues. Items like trade remedies against unfairly traded imports and some intellectual property protections must be reviewed and amended. Parliament must now identify and pass any needed amendments to U.K. law in order to ensure that rights and obligations of companies and individuals remain the same under a purely U.K.–based legal regime. Of course passage of such laws could lead to changes, either intentional or inadvertent, in legal rights and obligations.

U.S. Law

Because the U.S. has recognized agreements with the EU, and not the U.K., there will be changes to U.S. law reflecting the new relationship. Because in many instances the U.K. does not have individual international agreements with the U.S., any amendment of U.S. law must be coordinated with the negotiation of such obligations between the U.S. and the U.K. U.S. companies also should review their contracts with any U.K. or EU companies to determine whether amendments need to be made to take into account the new circumstances.

What This Means to You

Companies should identify broad issues with the U.K. transition that are likely to be affected by Brexit, whether with regard to exports to the U.K., imports from the U.K., technology transfer issues, or investment issues.  Ongoing advice on legal and business strategies will be important to companies as they consider their options. Our International Trade & Supply Chain team will be addressing the U.S. legal issues, and working with colleagues in the U.K. and Brussels to implement an integrated strategy for our clients.  If you have immediate questions or concerns, please contact Jeffrey Neeley or your Husch Blackwell attorney.

Photo of Jeffrey Neeley Jeffrey Neeley

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export…

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export control, and other import/export issues.

Email
Show more Show less
  • Posted in:
    Business and Commercial
  • Blog:
    International Trade Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo