What We Do

We help to educate individuals, corporations and other entities or organizations on how to evaluate and understanding their terrorism related liability exposures and risks. These exposures can include physical, financial, cyber or e-terrorism risks.  We work closely with entities of all types, whether private, public, quasi-public or purely governmental, and from virtually all industry sectors. The security / homeland security industry sector represents only a small segment of our client base. You do not have to be in the security industry to be exposed.

Your Risks

Massive liability exposures stem from the use, sale or deployment of anti-terrorism products, technologies, procedures or services. These exposures can come from things used or done at your own facilities or, those risks created by providing or selling related products, technologies or services to others.

SAFETY ACT CONSULTANTS and our partner companies provide expert ERM consultation on the use of many types of legal, financial , statutory and governmental risk mitigation methods and solutions. Most importantly, we show clients how to carefully integrate and maximum the benefits of each strategy.

Each client and their security / terrorism related risks are very different and require customized solutions. These can include traditional and non-traditional insurance / risk transfer and customized placements, cost effective TRIA utilization, captive and risk retention group participation, contractual transfer of risk as well as governmental liability indemnification and/or statutory protection including those available under the FARs, P.L. 85-804 and in particular, the SAFETY Act with its sweeping liability caps, defenses, immunities, incentives and marketing benefits. 

The SAFETY Act

The SAFETY Act, an acronym for the "Support Anti-terrorism by Fostering Effective Technologies Act", is a little known and very often misunderstood Federal Law that was enacted in 2002 as a part of the Homeland Security Act.  This law grants unprecedented statutory immunities, liability caps, affirmative defenses for entities that provide or use things to help identify, protect against, mitigate, respond to or recover from, a terrorist event. These things do not need to be exclusively dedicated to anti-terrorism.  Access control or firewall software can qualify under SAFETY Act.

The SAFETY Act can apply to products, technologies, services, facilities, designs, advice, actions, software, hardware, methods,  procedures or strategies used in helping prevent, respond to or recover from either a physical terrorism act or to e-terrorism.

The marketing advantages created under SAFETY Act,
although not the law's primary intent, are overwhelming.

SAFETY Act's protections apply to the successful applicant. However, even broader protection "flows" to the applicant's suppliers, users and customers. Each of them are immune from suit under Federal law if the SAFETY Act Designated product, service, procedure or technology is alleged to somehow not prevented, help respond to or help to mitigate, a terrorist event.

From a pure risk management / D & O standpoint, organizations have a duty to explore the potential benefits of this remarkable legislation.  The law’s liability caps, immunities and other benefits cannot be gained or granted from anywhere else and your insurance alone will never be able to adequately
cover the catastrophic liability potential that can be protected under the SAFETY Act!

• Prevent a catastrophic and potentially enterprise threatening financial disaster

• Qualify and be granted Federal statutory immunity or a maximum liability cap for terrorism related lawsuits

• Save money while creating a significant product differentiation
  and competitive advantage

• Save money while increasing your marketing exposure, sales potential, revenues and business opportunities

• Save on terrorism related insurance premium costs and/or your total cost of risk

• Help protect your Owners', Directors’ and Officers’ personal assets

• Assure proper contractual language dovetailing required to assure that both SAFETY Act and your contracts respond as expected

• Protect your bottom line even if terrorism liability insurance coverage is not available, not affordable or inadequate

• Assure proper insurance program dovetailing required to comply with both SAFETY Act and your insurance program

• Help avoid potential Sarbox related questions, issues or violations

• Access to our professional business partners providing the best,
  most cost effective services, expertise, experience, advice and solutions possible

• Access our "start to finish and then some" SAFETY Act consultation services which fully incorporate the technical, insurance and legal expertise needed for a successful result

• Save money, time, energy, duplication and unnecessary work when applying for your SAFETY Act approval(s)

• Minimize your professionals' time, effort and workloads during the SAFETY Act application process

We can, and will, help you ...

GET INTO THE ACT!™

THE SAFETY ACT
Overview & "Quick Facts"

• The SAFETY Act was enacted by Congress as a part of the Homeland Security Act of 2002.

• SAFETY Act is actually an acronym for the section of the Homeland Security Act titled the “Support Anti-terrorism by Fostering Effective Technologies Act”. 

• This Federal law provides unprecedented immunity, liability caps, defenses and other incentives available to private or governmental entities who use products, technologies or services, whether for protecting themselves or protecting others, that attempt to deter, identify, protect against, prevent or mitigate a terrorist act.

• SAFETY Act immunities and liability protections can also be granted to products, services, advice or technologies that are used or supplied for responding to, limiting or recovering from a terrorist act.

• SAFETY Actprotections can apply to measures taken at ones’ own facilities or to providing others with anti-terrorism or response related products, technologies, advice or services.

• Measures used or provided do not have to be dedicated exclusively to terrorism.

• Access control, security cameras, guards, firewall and similar software, communication systems, sensors, alarm systems, protective gear, evacuation planning and procedures are examples that have both terrorism and non-terrorism applications.

• The DHS has the authority to grant to all of the above measures  the liability protections afforded under the SAFETY Act. 

More on The SAFETY Act

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Our Core Services:

• Free Initial Consultation

• Help Reduce Your Costs

• Detailed SAFETY Act Applicability Evaluation

• Evaluate Your Exposures

• Review Your Overall Terrorism Financial Protection Strategies

• Provide Cost Effective Solutions

• Provide Reports as Requested

• SAFETY Act Application Support

• Provide Updates & DHS Feedback

• Negotiate with DHS, Lawyers, Brokers and/or Insurers as Needed

• Evaluate Existing Approvals for Issues & Conflicts

• Review Insurance Program for Conflicts, Compliance, Adequacy and Any Potential Savings

• Review Contracts & Agreements for Conflicts, Issues, Compliance and Modifications Needed

• Assist in Upgrading Existing SAFETY Act Approvals

• Help You Use SAFETY Act to Better Market Approved Products or Services

• Help Create an Overall SAFETY Act Strategy Plan for You, Your Customers, Suppliers or Subcontractors

• Provide Expert Consultation and Access to Key Business Partners as Needed

• Consult on Other Terrorism Related Financial Protection Strategies & Solutions

By e-Mail:       e-Mail

INFO [at] SAFETYACTCONSULTANTS [dot] com

Online:            Web-form

Phone:       (202) 640-4000

Toll-free:      (877) S ACT HELP 
                           (877)     722  -  8435

Fax:             (202) 407-7054

Mailing Address:

SAFETY ACT CONSULTANTS
P.O. Box 4028
Barrington, IL 60011-4028

We will help you:

Protect Your Organization from enterprise threatening liability that will follow a terrorist event alleged to involve your organization's facilities or products in any way

Protect your bottom line from suits stemming from the use, manufacture, distribution, provision or deployment of anti-terrorism or terrorism response or mitigation related products, advice, aid, procedures, technologies or other services

Save Money on both new and existing insurance programs, the ongoing cost of risk as well as the overall SAFETY Act process

Increase Your Revenue by using SAFETY Act approval to help market your products, advice, facilities, technologies or services including cyber or network related

Thoroughly understand the SAFETY Act as well as the regulations that implement it

Thoroughly understand the SAFETY Act application process

Evaluate the Act's benefit to your organization, insurance,  products, suppliers, vendors and customers

Determine if SAFETY Act
protection can apply to a given product, facility, technology, procedure and/or service

Describe and review the Act with your risk management, legal, upper management, finance, engineering, and marketing groups as needed 

Evaluate the time demands, costs and difficulty of the application process for your unique exposures

Manage the entire application process through completion

Evaluate insurance programs for adequacy in coverage, limits, protecting your liability cap savings, insurer and SAFETY Act compliance

Evaluate contracts and other agreements for conflicts, issues adequacy as well as insurer and SAFETY Act compliance

Provide options for minimizing cost of insurance and risk while maximizing coverages

Arrange for outside experts as appropriate for your specific needs including experts in technical, legal, insurance and political affairs as well as physical and financial asset, business income and supply chain protection

Monitor the SAFETY Act status of your suppliers, vendors, subcontractors and customers

Negotiate with the DHS, insurance brokers, insurers and/or lawyers if potential problems, conflicts, limitations, potential savings or enhancement possibilities exist

Create a standardized process to coordinate and manage all SAFETY Act related activities for existing, planned or future exposures as well as third party approvals (i.e. your vendors)

Post approval support including any changes in your insurance, the insurance market, insurance costs; changes in your approved products or services; periodic review of compliance and other services you deem necessary

Advise on other terrorism related financial protection strategies including contractual protection review, FARs, Public Law 85-804, Government Contractor Defense - "Boyle", captive utilization and/or formation, conventional and non-conventional terrorism insurance coverages, TRIA applicability and access, etc.