أسئلة قانونية إماراتية عامةمرسوم بقانون اتحادي في شأن تنظيم مهنة الترجمة

Article (1) Definitions In application of the provisions of this Decree-Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: United Arab Emirates : State Ministry of Justice : Ministry Minister of Justice : Minister The local authority competent to issue professional license for translators and translation houses. : Competent Licensing Authority

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Federal Decree-Law of 2022 Regulating the Translation Profession 2 Courts or the Public Prosecution. : Competent Judicial Authority The Court of Appeal to be determined by a resolution of the Minister. : Competent Court of Appeal The Translators Affairs Committee established under Article (19) of this Decree-Law. : Committee Translators Disciplinary Board established under Article (22) of this Decree-Law. : Board The organizational unit concerned with the affairs of translators in the Ministry. : Competent Department The Translator shall converse texts, words, ideas, and signs from one language to another, provided that the conversion shall be in a written, oral, or sign language, based on a mandate from the competent judicial authorities or at the request of others. : Translation profession List of translators and translation houses in the Ministry. : List A natural person who practices the profession of translation and shall be registered in the list. : The Translator A private legal person licensed to practice the profession of translation in the country and registered in the list, including local and international translation houses. : Translation House The set of professional, ethical and behavioral rules and regulations that the translator and translation houses shall adhere to when practicing the translation profession. : Charter

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Article (2) Practicing the Translation Profession 1. The translation profession may not be practiced in the country except after being registered in the list and obtaining a license in this regard from the competent licensing authority, in accordance with the controls and procedures it determines in this regard. 2. As an exception to the provision of Clause (1) of this Article, the Judicial Authority may seek the assistance of a translator or a translation house from those who are not registered in the list if the need arises, provided that the Translator takes the legal oath. 3. The Executive Regulation of this Decree-Law shall specify the controls for the use of unrestricted translators and translation houses referred to in Clause (2) of this Article.

Article (5) Conditions for Listing the Translator in the List 1. For the translator to be listed in the roll, he shall: a. be fully qualified and medically fit; b. be of good conduct and behavior and not have been convicted of a felony or misdemeanour of moral turpitude, even if he had been rehabilitated; c. be fluent in the language he will be translating from and into in reading, writing, and speaking; d. hold an accredited academic qualification from one of the universities or higher institutes recognized in the State, stating his specialization in the language or languages to be translated from and into. The Committee shall issue a list of qualifications and their approved degrees; e. his scientific experience in the field of translation shall not be less than (5) five years, and the local translator shall be excluded from the experience requirement. f. successfully pass the tests set by the Ministry; g. be residing in the State and have a valid residence permit in case the applicant is a foreigner; h. undertake to practice the translation profession from inside the State, through a translation house licensed to practice translation work. i. submit a valid insurance policy against liability for professional errors issued by one of the insurance companies licensed to operate in the State, unless the translator liability is covered by the insurance policy of the translation house he works for, in accordance with the regulations set by the Minister; j. be not struck off the roll in implementation of the resolution of the Board or the Competent Court of Appeal, unless (3) three years have passed since the date of the issuance of the resolution or judgment; and k. pay the prescribed fees. 2. Subject to the conditions referred to in Clause (1) of this Article, the Executive Regulations of this Decree-Law shall specify the conditions that shall be met to register sign language interpreters.

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Article (6) Conditions for Listing the Translation House in the List For the Translator in the list shall: 1. For the local translation house: a. To be licensed to work in the State by the competent licensing authority, and for his license to be valid; b. The manager supervising him shall be one of the translators registered in the list; c. The number of translators in the local translation house shall not be less than (4) four translators registered in the list; d. submit a valid insurance policy against liability for professional errors issued by one of the insurance companies licensed to operate in the Sate, in accordance with the regulations set by the Minister; and e. designated fees shall be paid. 2. For the International House of Translation, in addition to the conditions referred to in Clause (1) of this Article, the following conditions shall be met: a. A valid license for the main branch outside the State; and b. The registered translators working for the International Translation House shall be residing in the country.

Article (7) Registration of Employed Translators in Government Agencies 1. Government agencies may request the Ministry to register any of its employees who have fulfilled the conditions stipulated in Article (5) of this Decree-Law as a translator, provided that their practice of translation work shall be limited to the entity to which the employee belongs, and the provisions stipulated in this Decree-Law and its Executive Regulations shall apply to them. 2. Government agencies shall be exempted from paying the prescribed fees and from submitting an insurance policy against professional errors for their translators.

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Article (8) Exception to Some Conditions of Entry in the List The Committee may exempt some natural persons or translation houses from some of the conditions of registration in the list, which are contained in Articles (5) and (6) of this Decree- Law, in the following cases: 1. The translator used by the competent judicial authority when necessary, provided that he takes the legal oath; 2. Those who were previously registered in the list before the provisions of this Decree-Law came into force, in the event that it is proven to the Committee that he has the necessary competence and experience by considering his record and the number of translation works he was assigned and completed. 3. Those with rare languages for whom there are no equivalent translators shall be registered in the list or the number of those registered is insufficient.

Article (9) Registration Procedures 1. The Committee shall study the application for registration in the list, in accordance with the conditions and controls specified in the Executive Regulation of this Decree-Law; 2. The Committee shall decide on the application within (60) sixty days as of the date of its submission, and the applicant shall be notified of the resolution within (10) working days. Those whose application has been rejected may appeal against the resolution issued by the Committee before the competent court within (30) thirty days as of the date of being notified of it or the expiry of the period for deciding on the request without a response, and the judgment issued in this regard shall be final; and 3. A person whose application has been rejected may submit a new application after the lapse of a period of no less than (6) six months as of the date of the rejection of the registration application.

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Article (12) To Stop Practicing the Profession of Translation 1. The translator or the translation house, as the case may be, may stop practicing the translation profession whenever any of them has an impediment preventing it, provided that the concerned department shall be notified to stop practicing the profession in accordance with what is specified in the Executive Regulations of this Decree-Law; and

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Federal Decree-Law of 2022 Regulating the Translation Profession 8 2. The period of suspension from practicing the translation profession shall be calculated within the period of registration in the list, and the translator may request to re-practice it when that impediment is removed, provided that the conditions for practicing and the validity of his registration shall be met.

Article (13) Translators Obligations When practicing the translation profession, the Translator shall abide by the following: 1. To perform translation work with accuracy, honesty and sincerity, in a manner that preserves the dignity and consideration of his profession, taking into account the principles and traditions of the profession in accordance with the Charter, and not changing the content of what is translated; 2. To personally carry out the translation work that is entrusted to him, and from within the country; 3. To exercise the necessary care to update his skills and keep pace with developments in the field of language he is licensed to translate in the manner specified by the Executive Regulations of this Decree-Law; 4. Not to divulge information that he may have access to by virtue of his translation work; 5. To adhere to translation from and into the licensed languages; 6. To associate his name, his registration number, and the name of the translation house through which he works, in all his publications, correspondence, certificates and reports that he signs; 7. To notify the competent department of every change that occurs to the address of the translation house through which he works, within one month as of the date of the change; 8. To maintain a special record in which he registers the data of the translation work he has completed; and 9. To hand over his ID and his translation stamp to the competent department in the cases specified by the Executive Regulation of this Decree-Law.

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Article (14) Duties of a Translation House Manager The Manager of the translation house shall: 1. Place the registration certificate and the translation house license in a prominent place; 2. Notify the competent department of the translators who work for the translation house, and of every change that occurs to them within a month as of the date of the change; 3. Notify the competent department of any modification or change to the license data within one month as of the date of the change; 4. Maintain a special record in which the data of the translation work that he has completed, its date and the name of the applicant, are recorded; 5. Adhere to translation from and into the languages in which the translators are licensed; and 6. Not to outsource or assign translation work in the translation house to non-translators working for it and who are registered in the list.

Article (16) Translator Evaluation Procedures 1. The Concerned Department shall prepare an annual performance report to evaluate the work of the translator, in accordance with the criteria and forms specified by the Executive Regulation of this Decree-Law.

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Federal Decree-Law of 2022 Regulating the Translation Profession 10 2. The translator technical evaluation report shall be deposited in his file with the competent department after notifying the translator with a copy of it. Only the competent department and the translator concerned with the report and the committee may view this report; 3. The competent department shall deliver the performance report to the translator within (10) ten working days as of the date of approving the report by the concerned department, and the translator may appeal in writing to the evaluation report before the committee, within (30) thirty days as of the day following the date of his notification of it; and 4. The Committee shall issue its resolution in the grievance, whether by rejecting it or amending the evaluation result, within (30) thirty days as of the date of submitting the grievance to it, and the resolution issued by it regarding the grievance shall be final and not subject to appeal before any party.

Article (17) Implications for the Outcome of the Evaluation In the event that the translator obtains an average or poor technical evaluation score, the committee shall take the following measures against him, according to the following sequence: 1. Sending a written warning to the translator to address the reasons for his shortcomings in his performance if he obtains this evaluation for the first time; 2. Obligating the translator to obtain specialized training courses and pass the exams set by the Committee; 3. Suspend the translator from submitting translation work before the judicial authorities for a period not exceeding (6) six months after a written warning has been given to him; and 4. striking the translator off the roll in the event that he repeatedly obtained this evaluation, after stopping him from providing translation work.

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Article (18) Cases of Striking the Translator Off the Roll and Translation House The registration of the translator and the translator house shall be struck off the roll by a resolution of the committee in any of the following cases: 1. For the Translator: a. If he loses one of the conditions of his registration; b. If he becomes unable to perform his work due to his health condition, based on a report from a specialized medical committee. c. If he receives an average or poor technical evaluation repeatedly; and d. At the request of him. 2. For the translation house: a. If he loses one of the conditions of his registration; b. If his registration is not renewed within the period stipulated in Article (10) of this Decree-Law; and c. At the request of the legal representative of the translation house.

Article (20) Functions of the Translators Affairs Committee 1. The Committee shall: a. Examining requests for the registration of translators and translation houses in the list, and requests for delisting and stopping the practice of the translation profession submitted by the translator or the translation house, as the case may be, and deciding

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Federal Decree-Law of 2022 Regulating the Translation Profession 12 on them, in accordance with what is specified in the Executive Regulations of this Decree-Law; b. Examining complaints related to translators and translation houses, to decide what it deems appropriate regarding keeping them or referring them to the Public Prosecution; c. Examine the reports submitted to it regarding translators and translation houses, and take the necessary action in their regard, in accordance with what is specified in the Executive Regulations of this Decree-Law; d. Considering the grievances submitted by the translator against the annual performance evaluation report; and e. Any other competences entrusted thereto by virtue of this Decree-Law and the resolutions issued in implementation thereof. 2. The Committee shall issue its reasoned resolutions in the event of rejecting any of the requests referred to in paragraph (a) of Clause (1) of this Article.

Article (25) Board Sessions and Appeals Against Its Rulings 1. The sessions of the Board shall be confidential, and the translator attends in person or the legal representative of the house of translation, as the case may be, before the Board, and he may present his defense in writing or seek the assistance of a lawyer. 2. If the translator or the legal representative of the translation house does not attend, the judgment may be issued in his absence after verifying the validity of his announcement.

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Federal Decree-Law of 2022 Regulating the Translation Profession 14 In this case, the translator or the translation house shall be notified of the resolution within (10) ten days as of the date of its issuance. 3. The Public Prosecution and the translator or translation house may appeal the ruling issued by the Board before the competent court of appeal within (30) thirty days as of the date of its issuance if it was in attendance, and as of the date of its notification to the translator or the legal representative of the translation house if it was in absentia. 4. The translator or the translation house may not be harmed by his appeal against the judgment issued against him by the Board.

Article (30) Penalty for Practicing the Profession of Translation in Violation of the Provisions of the Decree-Law shall be punished by imprisonment for a period of not less than one year and not exceeding two years and a fine of not less than (50,000) fifty thousand dirhams and not more than (100,000) one hundred thousand dirhams, or either of these two penalties: 1. The profession of the translation profession as it is registered in the translators list, and it is not registered in the list or its registration has been crossed out or suspended; and 2. Intentionally, through translation, alters the truth of what he is translating, intentionally destroys the document under translation, gross negligence in translation, or divulges a secret he learned through the exercise of his profession.