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I'm not convinced....
For FAA,
If you are filing for an IFR approach even under VMC, then you would have to be in compliance with FAR 91.205. Notably Nav equipment appropriate to the ground facilities being used.
A good example being a GPS approach, if your database is out of date then you cannot legally perform a GPS approach and cannot file as /G - even if your approach ends up being in VMC.
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