Best Practices in International Background Investigations

When it comes to international background investigations, there is no “one size fits all” approach. In today’s global economy, many companies, including Withum, have an international reach. Whether partnering with new clients or hiring employees overseas [1], it’s essential to understand and navigate the background check process outside of the United States to make better, more informed decisions.

Background checks and due diligence, both domestically and internationally, help to mitigate risks to an organization, including financial malfeasance, reputational risk, and data security. These checks can also support civil litigation and criminal defense matters, as well as potentially provide an avenue to determine additional assets to help enforce money judgments. Performing background checks for client acceptance and continuation may also help reduce malpractice insurance premiums. However, there are some crucial differences between the process of completing an international background check versus a domestic one.

An international background check is a thorough investigation into an individual’s history across multiple countries, ensuring that various stakeholders such as employers, vendors, or business partners have a comprehensive understanding of that person’s background, irrespective of where they have resided or worked. The background check could include but is not limited to employment history, education history, address history, criminal and civil litigation records, driving records, and adverse media. All of these records combined can provide a better understanding of both an individual’s character and potential risk to the firm.

Understanding the specific requirements of each country is key to a successful background check process. Every country has its unique set of laws and regulations related to background screening. For example, access to criminal or civil litigation records varies from country to country. Additionally, language barriers can pose significant challenges to background check companies when records are provided in languages other than English. Other impediments to the process include coordinating with subcontractors and vendors across multiple countries, which can cause significant delays. Further, not all countries have accessible online databases that provide instant access to records, and not all foreign databases are updated regularly. Some countries restrict access to certain data altogether.

First and foremost, it’s crucial to obtain as much PII (personally identifiable information) as possible prior to beginning the background check process – this includes the subject’s full name, date of birth, national ID number, and address history. Second, background investigators should become familiar with the regulations and restrictions in the countries and regions where they perform their screenings. Certain countries and territories, such as the European Union, require a signed authorization from the individual to access records. This ensures the firm stays compliant with regulations and builds trust with the individual in question. Third, there are likely a variety of fees associated with requesting these records. By partnering with reputable third-party vendors specializing in international background checks, the process can be streamlined, and much of the guesswork can be removed. The background check company can help provide a more uniform approach and often provide a quality product for a reasonable rate.

Withum’s Investigative and Corporate Intelligence Services Team helps national and international companies make informed decisions by drawing on the knowledge of former FBI agents and private investigators with decades of world-class experience. Our team can guide you in conducting international background investigations that best suit your business needs.

Author: Liz Farkas, PI | [email protected]

[1] Note that pre-employment background checks conducted in the U.S. are subject to state and federal laws including the Fair Credit Reporting Act (FCRA) which requires that credit reporting agencies and the entities that report credit data ensure the individual’s information is fair, accurate and kept private.