Nope - completely legit. The 35d has been available in the US for a while after BMW got the engine and emissions control systems homologated across all of the States.
That version has been dropped in Europe and replaced by the 40d with more power and a different turbo setup.
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Me:
Current: 2011 E71 40D Vermilion Red/Beige Nappa
Wifey:
Current: 2012 R80 Countryman SDX Green/Cream
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