In the 2002 model year the high beams perform the role of daylight running lights. Hence the yellow inner light. Dealer can program to turn it off.
Only the later vehicles are flash to pass as they have Bi-Xenon lights. Earlier X5's have to use the regular high beam lights.

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2021 X5 xDrive40i
2015 X5 xDrive35i MSport
(Traded) 2013 X5 xDrive35i