As enhanced data privacy restrictions are enacted in jurisdictions around the world, due diligence processes will have to adapt accordingly, and, in some jurisdictions, it will be necessary to find alternate legal methods of obtaining meaningful intelligence. Laura Austin LA: The changes implemented in light of Covid- 19 showcase the adaptability of the CIUs, and in many ways are another great example of positive progress emerging from the pandemic. From a due diligence perspective, the more comprehensive information and documentation we have at the start of an investigation, the better and more comprehensive the output will be. However, this is in no way positing that comprehensive and high-quality due diligence cannot be conducted without the comprehensive set of required documents in hand. In reality, due diligence, when conducted properly, only partially relies on the documents and information reported, while equally relying on intelligence and information that was not disclosed. Additionally, it is worth noting that to date, we have not seen a significant number of files submitted to us with missing documents. Certain of the documents we have received have not been notarized, as notaries in many countries were not available during lockdown periods, but with the exception of a few jurisdictions, the lack of a notary stamp does not typically impact our ability to confirm the document with official in-country sources. There is rightfully a concern on some level about an impact to the due diligence process if, for example, a significant number of documents are absent at the time the diligence is initiated, but this has not been our experience to date, and we are confident that the CIUs will continue to apply adequate standards when it comes to the documents received and the initiation of the due diligence process. EL: We support the adoption of technology to assist both applicants and the CIUs. Whilst supplied documentation is, of course, fundamental to the process, it does not tell the full picture and our checks online and in-country enable corroboration of genuine information and discovery of false or misleading information. We work alongside the CIUs when conducting verification, and if a perceived issue or threat is identified, we would always liaise with the relevant CIU and request further documentation to alleviate concerns. As technology develops, we believe that the application process can be streamlined and, potentially, allow for verification to be more transparent. How do you expect the due diligence practice to develop in the next five years? SW: I think there will be further significant improvements in the process of risk assessment and lower-risk application vetting, driven by technology and automation. As more data becomes available in digital format and Machine Learning and Artificial Intelligence tools become smarter and more available to practitioners, the vetting process will become faster and more seamless, particularly for low-risk applicants. However, where the risks remain high—either because of lack of transparency, lack of documentation, remote location in highrisk perceived countries—local and human based intelligence will remain the sine qua non of effective due diligence. JS: Hopefully we will start to see a more uniform adoption of due diligence for agents and governments across the industry. This is especially critical for the Western European residency programmes that deal in high volumes but seemingly do very little due diligence. Ideally, these Golden Visa programmes would adopt the minimal due diligence standards outlined in the <strong>IM</strong>C-coordinated reports, publicly outline what level of vetting takes place at the applications stage and what risk-based approach is taken when making decisions. LA: Technology will continue to play a significant role in the evolution of the due diligence industry, both in internal process enhancements and end-user offerings. We expect significant advancements in internal technology solutions that allow for added efficiencies in record retrieval, analysis and reporting, leading to improved turnaround times, increases in capacity, and more sophisticated levels of risk-based analysis. For end-user solutions, we also expect enhancements to risk rating and post-investigation monitoring tools. External to enhancements from providers, the next five years promise to bring additional data privacy measures in a number of jurisdictions, including increased use of anonymization and pseudonymization in records. As enhanced data privacy restrictions are enacted in jurisdictions around the world, due diligence processes will have to adapt accordingly, and, in some jurisdictions, it will be necessary to find alternate legal methods of obtaining meaningful intelligence. EL: With ever greater scrutiny on programmes by the media and policymakers, it has become vital to ensure that every application has been checked and all sources verified. Digital passports and IDs will change the way we all verify our identities, both at home and when travelling. That will inevitably alter the way in which verification for citizenship takes place and should allow for better initial checking. We also support the <strong>IM</strong>C’s work to establish best practice in due diligence and that will help to allay the fears of some on the quality of citizenship granting. 80 Investment Migration <strong>Yearbook</strong> 2O2O/2O<strong>21</strong>
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