Certified madness – what is an official translation

 

[official stamp*]

In translation, one of those simple questions that requires a long answer is “can you provide a certified translation”? The reasons why no simple response is possible are that no single set of criteria apply to a certified translation or no uniform nomenclature exists. Having just profited from an excellent and well-organized ATA (American Translators Association) webinar by Robert Sette on certification in the US market as well as having immersed myself in the intricacies of the French system this summer at the SFT (Société française des traducteurs) conference and being familiar with the Hebrew-English market, I would like to present a short overview of the certification situation for the benefit of both translators and translation buyers. As I see it, the main cause of the confusion is the confusing use of the terms certified translation, certified translator, notarized translation and apostille.

When a person needs and requests a certified translation, the first and most important requirement is to ascertain the requirements of the demanding agency. In the United States, each court establishes its own regulations while, in Europe, national regulations set the criteria (as Gomer Pyle often said, “surprise, surprise”). Some embassies even insist that only their official translators do it for it to be official, including Austria (See Gomer Pyle above). Government agencies worldwide set their own rules and are not always very specific. Universities can be even less precise. On the other extreme, Israel, the land of administrative organized chaos, the issue is often rather vague except for financial matters such as wills and estates. So, it is necessary to confirm the actual requirements of the party requiring certification.

A far more complex issue is who exactly is a certified translator, or, in some jurisdictions, a sworn translator or other official title. This question is essentially a national issue. In the United States, it is person that has passed the specific ATA certification test and maintained his/her status or a person authorized by a court. Alas, the ATA does have not tests in many language combinations, including Hebrew-English, meaning that any person claiming fluency in those language combinations can certify the translation. In most parts of Europe, only translators that have been recognized by the State, usually through the regional courts, can claim that title. In Israel, the only official translation qualification is a certificate of Recognized Translator, issued by the ITA (Israel Translators Organization). Interestingly enough, the existing structures allow such translators to certify documents translated into their foreign language, i.e., they do not limit the direction of the certification. For example, certified court translators in Europe or the United States can certify a translation from English to Spanish even if they cannot actually produce a proper Spanish document because their native language is English.

As Mr. Sette explained, the key for a valid certification is the phrasing of the certifying document. The qualifications and actions of the translator must be accurate and clear. For example, it is only acceptable for a translator  to use the statement a certified translator translated the document if the person actually has such documentation and actually produced the document. It would be perjury to claim either if the person merely is fluent in both languages and/or only checked an existing translation.  On the other hand, it is possible to specify general language knowledge and state that the document is an accurate translation. The devil is the details here.

Notarized translation is a bit of misnomer. Public notaries in the United States merely confirm the accuracy of signatures. They can certify that the signature on the translator statement of accurateness is real, no more than that. Clearly, translators in the US cannot notarize their own signature. By contrast, notaries in Europe have much wider powers and roles. They can in some cases both translate and notarize translation, with the government so empowering them or even given them a monopoly in certain circumstances.

Apostilles are actually the simplest. Established by the Hague Convention (Convention de la Haye du 5 october 1961), it creates a manner for governments to recognize official documents issued by foreign governments. In practice, it is possible to submit any official document with a signature of a public figure to the entity and receive an apostille of its genuineness. To paraphrase that song by Lou BegoVO, “a little bureaucracy in my life”.

In summary, if a person needs a “certified translator”, the steps are to ascertain what the actual requirements are; identify a translator with the corresponding credentials; phrase the certifying statement in a precise and accurate method; and,  if required, have the signature of the statement of faithfulness notarized. Simple, isn't it?

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Certified translation for immigration purposes

An essential part of the immigration process is providing the required documents to the authorities. If the documents are not in English, they may need to be translated.  The requirements to attest for the translation vary from authority to authority and document to document.  They range from minimal to very specific. Whatever the case, to avoid wasted time and money and possible rejection, it is necessary to ask the authority for their specific requirements.  If you need a “certified translation”, be aware that that the term may have different meanings depending on the government body and language combination. 

The most demanding (and expensive) requirement is a transition by an embassy-approved translator with an affidavit. In most countries, the cost of the legal seal is set by the government and is rather high, unlike in the United States. Thus, the applicant must pay for both the translation and notary seal.

Another equivalent option, when there is no requirement for an embassy-approved translator, is to find a translator-attorney, who will both translate and attest to its accuracy.  Such a translation should satisfy even the most demanding authorities. However, the number of translators that are also attorneys is limited, which would be reflected in their fee.

Fortunately, this high level of certification is not always required. Authorities will often accept translation by a “certified” translator.  The meaning of that term depends on the language and place. In a few countries, like Argentina, the government approves translators.  In the United States, the American Translators Association certifies translators of many but not all language combinations through a test.  A list of ATA certified translators can be found on their site https://www.atanet.org/. For some language combinations, you need to contact the national translator’s organization for the equivalent. For example, the highest level of certification for the Hebrew-English pair is “Recognized Translator” by the Israeli Translators Association. In this case, the translator must sign a statement attesting to the accuracy of the translation and, in so required, attach an avadavat attesting to the signature.

It should be noted that translation by a non-professional or self-translation will almost never be acceptable for reasons of accuracy and objectivity and may even make the application invalid. It should go without saying Google Translate is not an option.

In summary, when translation of documents is needed, the applicant needs to clarify the requirements and identify the closest equivalent. it is always advisable to confirm the acceptability of the option with the specific authority.  While it is often possible to avoid notary fees, immigration documents must be translated by a professional translator to ensure their acceptability.

© Stephen Rifkind – Gaguzia Translations 2019

     stephen@gaguzia-translations.com

     Hebrew/French/Russian to English