3Back to Articles

Introduction to International Screening

by Lester S. Rosen

Employers have long recognized that conducting due diligence on new hires is a mission critical task. Firms cannot afford to be sidetracked by employee problems such as workplace violence, theft, false resumes, embezzlement, harassment or trumped-up injury claims. Employers can be the subject of lawsuits for negligent hiring if they hire someone that they should have known, through the exercise of due diligence, was dangerous, unfit or unqualified.

However, with the mobility of workers across international borders it is no longer adequate to conduct these checks just in the United States. A 2000 government study shows that 11.5% of the population consists of immigrants. In addition, an increasing number of workers have spent part of their professional career abroad. The number of countries from which employers seek additional information about applicants is expansive, and includes India, China, Philippines, France, Germany, Russia, Brazil, Mexico, Australia, Japan, Canada, among others.

International Background Screening Perceived As Difficult
Because of the perceived difficulty in performing international employment screening, some employers have not attempted to verify international credentials or to perform foreign criminal checks. However, the mere fact that information may be more difficult to obtain from outside of the U.S. does not relieve an employer from their due diligence obligation.

Nor can employers simply assume that the U.S. government has conducted background checks if the worker was issued a visa. After the events of 9/11, the U.S. has increased checks on foreign visitors and on workers on government "watch lists." However, the government checks are generally not aimed at verifying a credential or checking for criminal records for employment purposes.

To exercise due diligence in hiring, employers should consider screening internationally for criminal records, employment, education, and publicly available terrorist lists.

Criminal Records
When it comes to criminal records, each and every country is completely different. The availability of public records that is taken for granted here in the United States is often times not available abroad. In some countries, records are available at the courthouse, similar to how criminal records are obtained in the US. In other countries, records can be obtained from a police agency. In some countries, the best course is to have the applicant obtain their own certificate of good conduct from their local police station.

For criminal records searches, it is important to know exactly where the person has lived to ensure you are searching the appropriate court. Keep in mind also that that turnaround time for international criminal searches takes longer than domestic searches. Different countries also have different rules on the level of searches, but in most countries it is possible to obtain information of offenses that are at the felony level.

Another concern is name variations. Many countries have naming convention that is different then the US, such as the use of the mother's name. Complications can also arise for applicants whose name is based on a non-English alphabet, such as Chinese, Arabic or Japanese. There are numerous ways that such names can be translated into English.

Privacy and data protection is another crucial issue. For example, the European Union has passed strong privacy rules affecting how personal data can be obtained and utilized. U.S. background firms that do international searches should be a member of the U.S. Department of Commerce Safe Harbor program, which demonstrates a commitment to the E.U. privacy and data protection rules.

Education
Verification of an educational degree earned abroad is critical to verify credentials and to avoid fraud. An employer needs to determine if an applicant in fact attended the school claimed and received the degree claimed. Statistics show that education fraud can run as high as 20%. The employer also needs to determine if the school is accredited and authentic. The world is awash with phony schools and worthless diplomas. If the employer is not familiar with a school, they should conduct their own research. A legitimate school will often have an e-mail address or phone number so that they can be contacted to verify a degree.

Employment
Foreign employment can also be verified by contacting the employer even though they are in a foreign country. Often such calls will be made in the middle of the night due to time differences. The critical step is to obtain as much information about the past employer as possible from the applicant. If the employer does not speak English, an interpreter may be needed.

Terrorist Lists
Other due diligence tools are the various terrorist databases available to the public, such as the Office of Foreign Assets Control ("OFAC") list maintained by the U.S. Department of the Treasury. Such lists are readily available but there are limitations as well, such as working with name matches only when no additional details are available. To locate a list of web sites containing publicly available lists, and for more information on international background checks, go to: www.esrcheck.com/international.php.

Lester S. Rosen is an attorney at law and President of Employment Screening Resources (www.ESRcheck.com), a national background screening company headquartered in Novato, California. He is the author of, The Safe Hiring Manual--Complete Guide to Keeping Criminals, Imposters and Terrorists Out of Your Workplace (512 pages-Facts on Demand Press), the first comprehensive book on employment screening. He is a frequent speaker nationwide on pre-employment screening and safe hiring issues. He was the first co-chairman of the National Association of Professional Background Screeners (NAPBS), the organization for the background screening industry.

(c)2008 Lester S.Rosen

ESR International Screening Services

ESR conducts international screenings for American employers who also hire individuals from abroad, or for employers who specialize in international recruiting. However, ESR does not operate as an international investigative agency or provide one-time international searches. For one-time searches or due diligence investigations, ESR recommends the services of private investigators or security firms who specialize in international due diligence searches.

1. Employment and education verification:

This service requires that an applicant provide sufficient information to allow ESR to contact the employer or school. For employment, ESR requires that an applicant supply the name of a contact person and contact phone number. If ESR is required to conduct independent research to locate the contact information for the employer or school, there is an additional fee per employer or school searched. For eduction, ESR requires the full name and location of the school.  Some schools will require a coy of hate degree or some other information, such as a "seat number."  Determination of hate "equivalency" of a degree or a school is an additional service and additional  detailed information will be required from the applicant. 

2. Criminal record search:

Please contact ER for fees applicable to a specific country.  Please note the following:

a. FEES: All fees are PER COURT in a country and NOT for the entire country. Unless otherwise noted, foreign searches are conducted in each court or police jurisdiction that permits such searches and conducted at the Court or police unit  that corresponds most closely with the applicant address provided.   Searches are typically NOT  "national" criminal searches. available to private employers. If the search exceeds three courts, ESR will first notify the employer.  Because of the fact that fees and availability are subject to change at anytime without notice, please contact ESR for the most current fee information for each country that is relevant to a particular search. 
b. IDENTIFIERS: In order to identify the person, ESR requires full name and date of birth. If a country has a national ID number, that may also be necessary. For many countries, the mother's maiden name is also required. Other countries may have other requirements, and ESR will advise when necessary.
c. SOURCES: ESR makes efforts to work with the best available sources of records in any country. However, often times records may not be available from the police or or government agencies, and sources may obtain records directly from courts, depending upon the location involved. Outside of the United States, there is less access to public records and the types of information needed for background screening and the accuracy of court record vary around hate world.  Each country has its own laws, customs and procedures for background screenings. In many counties, there are data privacy protection rules that limit what information police agencies or government agencies can provide. In those countries, the record check is typically provided through a courthouse search or contact with a court clerk.  If there is a question about the source of a record in a particular country, please contract ESR. It is important to keep in mind that for the fees charged, these searches are intended for employment screening only as part of a hiring program. In sensitive situations, where the need for a criminal record search is important for a due diligence investigation, ESR would recommend contacting an investigator in the relevant country.
d. SCOPE OF SEARCH AND JURISDICTIONS TO SEARCH: Each search is normally for a single court.  A criminal check may require multiple searches. ESR requires sufficient information to determine the courts to search, which typically includes past addressees and employers. For example, if an applicant merely indicated London, England," ESR will search the main criminal court in London. However, the main court covers very little of the actual jurisdiction of the London area and records can be missed. If ESR receives multiple addresses that are covered by the same court, ESR will charge just for the one search that covers the multiple addresses. If the addresses involve multiple courts, then ESR will need to conduct searches for each relevant Court. Even though international criminal searches have limitations, the fact that an employer has notified an applicant a search is being conducted assists the employer in exercising due diligence. An applicant with something to hide may either be discouraged from applying if they believe an international check is being conducted, or it may encourage greater honesty in the hiring process.
e. Time: Turnaround time can be up to five full business days after the order is received. In some countries there are some courts that may take longer for a variety of reasons.
f. Translation:  Fees include translation of court documents.
g. Felony level only:  For most counties, the search is for felony level offenses. However, some courts do allow researchers to obtain misdemeanors.

h.  Previous or Second names:  Sometimes an applicant may have a previous name or an "alias" name.  This can occur if a applicant has married, for example, and there has been a name change.  A search for a criminal record does not include the previous name unless specifically requested, Since court indexes are maintained by the name the name used for the criminal filling.  A search under a previous or different name is in fact a separate search.

 
If a search is needed in a country not listed, please contact ESR. We are constantly developing new resources all over the world.

Please note that in some countries, there is considerable controversy about providing criminal records.  Some professionals have taken the position that criminal record cannot be obtained by a screening frim for example in Japan, Hong Kong, Singapore or Germany.  If there is a question about a particular country, please contact ESR for an update.

Special Note for Canada:

For Canada, ESR recommends a nationwide search through a recognized Canadian Agency. A special release is required. The search is through the Canadian Police Information Centre (CPIC), managed by the Royal Canadian Mounted Police (RCMP).

An individual in Canada may also go to a local police station and request a police clearance. It requires that fingerprints be taken. 

 For a search that is quicker and less expensive and does not require a special consent, attempts can be made to search individual courts in jurisdictions associated with the applicant. However, given the number of different courts and other factors, this search is subject to false negatives.  See:  http://www.esrcheck.com/Canada_employment_screening_background_checks.php