Legislation Details
- Full Title: Federal Decree by Law Regulating the Translation Profession
- Law Type: Federal Decree-Law
- Law Number: (22) of 2022
- Issued Date: 26 Sep 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 736
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 89
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law regulates the translation profession in the United Arab Emirates. It establishes a mandatory registration system for translators and translation houses, setting out the conditions and procedures for listing them in an official register maintained by the Ministry of Justice. The law aims to ensure the quality and reliability of translation services by imposing professional, ethical, and competency requirements on those practicing the translation profession. It also establishes oversight and disciplinary mechanisms to enforce compliance with the law's provisions. (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 1-41) The law is significant for businesses and individuals in the UAE who rely on translation services, as it provides a framework to ensure the accuracy and integrity of translated documents. It also impacts translators and translation houses by regulating their activities and subjecting them to potential penalties for non-compliance. (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 1-41)
What is the scope and purpose of this law?
The law regulates the practice of the translation profession in the United Arab Emirates. It applies to all individuals and entities engaged in translation activities, whether as individual translators or as translation houses. The law's purpose is to ensure the quality, reliability, and integrity of translation services provided in the country by establishing a mandatory registration system and imposing professional and ethical requirements on translators and translation houses. (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 1-3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Justice
- Minister: Minister of Justice
- Competent Licensing Authority: The local authority competent to issue professional licenses for translators and translation houses
- Competent Judicial Authority: Courts or the Public Prosecution
- Competent Court of Appeal: The Court of Appeal to be determined by a resolution of the Minister
- Committee: The Translators Affairs Committee established under Article 19
- Board: Translators Disciplinary Board established under Article 22
- Competent Department: The organizational unit concerned with the affairs of translators in the Ministry
- Translation Profession: The act of converting texts, words, ideas, and signs from one language to another, in written, oral, or sign language
- List: List of translators and translation houses maintained by the Ministry
- The Translator: A natural person who practices the profession of translation and is registered in the list
- Translation House: A private legal person licensed to practice the profession of translation in the country and registered in the list
- Charter: The set of professional, ethical, and behavioral rules and regulations that translators and translation houses must adhere to
(Federal Decree by Law Regulating the Translation Profession, 2022, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. Practicing the translation profession is prohibited without being registered in the list and obtaining a license from the competent licensing authority. (Art. 2(1)) 2. Translated documents, bonds, or deeds cannot be authenticated or certified, and courts cannot accept them, unless the translation was done by a registered translator or translation house. (Art. 3) 3. Translators must meet specific conditions to be listed, including qualifications, experience, passing tests, and obtaining professional liability insurance. (Art. 5) 4. Translation houses must meet certain conditions to be listed, such as having a valid license, a manager who is a registered translator, a minimum number of registered translators, and professional liability insurance. (Art. 6) 5. Translators must abide by a code of conduct, including performing translation work with accuracy, honesty, and sincerity, and not changing the content of the translation. (Art. 13) 6. Translation house managers must ensure their employees comply with the law and the Charter of professional and ethical rules. (Art. 14) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 2, 3, 5, 6, 13, 14)
What licensing, registration, or approval requirements exist?
The law establishes a mandatory registration system for translators and translation houses in the UAE: 1. Translators must be registered in the list maintained by the Ministry of Justice and obtain a license from the competent licensing authority. (Art. 2(1)) 2. The conditions for a translator to be listed include qualifications, experience, passing tests, obtaining professional liability insurance, and other requirements. (Art. 5) 3. Translation houses must also be registered in the list and meet conditions such as having a valid license, a manager who is a registered translator, a minimum number of registered translators, and professional liability insurance. (Art. 6) 4. The Translators Affairs Committee is responsible for studying and deciding on registration applications within 60 days. Rejected applicants can appeal the decision to the competent court. (Art. 9) 5. Registrations are valid for 3 years and can be renewed, but failure to renew within 90 days of expiry will result in cancellation from the list. (Art. 10) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 2, 5, 6, 9, 10)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to translators, translation houses, or users of translation services. The focus of the legislation is on establishing a regulatory framework for the translation profession, including registration requirements, professional obligations, and enforcement mechanisms. (Federal Decree by Law Regulating the Translation Profession, 2022)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement and oversight under this law are: 1. The Ministry of Justice, which maintains the list of registered translators and translation houses. (Art. 4) 2. The Translators Affairs Committee, which is responsible for studying and deciding on registration applications, as well as other functions specified in the law. (Art. 19) 3. The Translators Disciplinary Board, which is tasked with filing and investigating disciplinary cases against translators and translation houses. (Art. 22) 4. The Competent Judicial Authority, which includes courts and the Public Prosecution, and has the authority to seek the assistance of translators or translation houses not registered in the list if necessary. (Arts. 2(2), 3) 5. The Competent Licensing Authority, which is responsible for issuing professional licenses for translators and translation houses. (Art. 1) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 1, 2, 3, 4, 19, 22)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Practicing the translation profession in violation of the law's provisions is punishable by a fine of not less than AED 50,000 and not more than AED 200,000. (Art. 30) 2. Preventing an employee from performing their work is punishable by a fine of not less than AED 10,000 and not more than AED 50,000. (Art. 31) 3. The Board may impose the following disciplinary sanctions on translators or translation houses: - Warning - Suspension from practice for a period not exceeding one year - Striking off the list - A fine not exceeding AED 100,000 (Art. 27) 4. The Competent Court of Appeal may uphold, amend, or overturn the Board's disciplinary decisions. (Art. 25) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 27, 30, 31)
What fees, charges, or financial provisions are specified?
The law specifies the following financial provisions: 1. Translators and translation houses must pay the prescribed fees to be listed in the register. (Arts. 5(1)(k), 6(1)(e)) 2. Government agencies are exempted from paying the prescribed fees and from submitting an insurance policy for their registered translators. (Art. 7(2)) 3. The law does not specify the exact amounts of the fees or charges. These will be determined in the Executive Regulation of the law. (Art. 37) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 5, 6, 7, 37)
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. The Judicial Authority may seek the assistance of a translator or translation house that is not registered in the list if the need arises, provided that the translator takes the legal oath. (Art. 2(2)) 2. The Committee may exempt some natural persons or translation houses from certain registration conditions in the following cases: - Translators used by the Competent Judicial Authority when necessary, provided they take the legal oath (Art. 8(1)) - Those previously registered before this law came into force, if they have the necessary competence and experience (Art. 8(2)) - Those with rare languages for whom there are no equivalent translators or an insufficient number registered (Art. 8(3)) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 2, 8)
How are disputes resolved under this law?
The law outlines the following dispute resolution mechanisms: 1. Applicants whose registration application is rejected by the Committee can appeal the decision to the Competent Court of Appeal within 30 days. The court's judgment in this regard is final. (Art. 9(2)) 2. The Translators Disciplinary Board is responsible for filing and investigating disciplinary cases against translators and translation houses. (Art. 23) 3. Decisions of the Disciplinary Board can be appealed before the Competent Court of Appeal. (Art. 25) 4. The Competent Court of Appeal has the authority to uphold, amend, or overturn the Board's disciplinary decisions. (Art. 25) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 9, 23, 25)
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits: 1. The Committee must decide on registration applications within 60 days of submission. (Art. 9(2)) 2. Applicants whose registration is rejected can submit a new application after at least 6 months from the rejection date. (Art. 9(3)) 3. Registration in the list is valid for 3 years and can be renewed, but the application for renewal must be submitted at least 30 days before expiry. (Art. 10(1), 10(2)) 4. Failure to submit a renewal application within 90 days of expiry will result in cancellation from the list. (Art. 10(3)) 5. Translators or translation houses must notify the Competent Department to stop practicing the profession if they have an impediment. (Art. 12(1)) (Federal Decree by Law Regulating the Translation Profession, 2022, Arts. 9, 10, 12)
How does this law interact with other UAE legislation?
This Federal Decree-Law interacts with the following other UAE legislation: 1. Federal Law No. (1) of 1972 Concerning the Jurisdictions of Ministries and the Powers of Ministers 2. Federal Law No. (10) of 1992 Issuing the Law of Evidence in Civil and Commercial Transactions 3. Federal Law No. (11) of 1992 Issuing the Civil Procedure Law 4. Federal Law No. (35) of 1992 Issuing the Civil Procedure Law 5. Federal Law No. (6) of 2012 on the Regulation of the Translation Profession (repealed by this law) 6. Federal Law No. (14) of 2016 Concerning Administrative Violations and Sanctions in the Federal Government 7. Federal Law by Decree No. (26) of 2019 concerning Public Finance 8. Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Punishments Law 9. Federal Law by Decree No. (33) of 2021 Regulating Labour Relations (Federal Decree by Law Regulating the Translation Profession, 2022, Preamble)
When did this law come into effect?
This Federal Decree-Law Regulating the Translation Profession was issued on 26 September 2022 and came into effect on 2 January 2023. (Federal Decree by Law Regulating the Translation Profession, 2022, Issued Date, Effective Date)
Source Documents
This article analyses Federal Decree by Law Regulating the Translation Profession for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.