Certified translations are essential for ensuring the legal validity and acceptance of documents across different countries. However, the requirements and practices surrounding certified translations vary significantly between European countries and the United States. This article provides a comprehensive overview of what applies and what does not concerning certified translations in these regions.   

European Countries

In many European countries, certified translations, often referred to as "sworn translations," hold significant legal weight. These translations are typically performed by translators who have been officially authorized by the state or judicial authorities.   

What Applies:

Official Authorization: Many European countries, such as France, Germany, Spain, and Italy, have a formal system of sworn or certified translators appointed by courts or government bodies. These translators undergo a rigorous process to demonstrate their linguistic and legal competence.   

Legal Equivalence: In these countries, a certified translation often carries the same legal validity as the original document, making it admissible in legal and administrative proceedings.

Specific Requirements: Certified translations in Europe usually require specific elements to be legally valid, including:

• The translator's official stamp or seal.
• The translator's signature.

A certification clause stating that the translation is accurate and conforms to the original document. In French, this often includes the phrase "Traduction certifiée conforme à l'original."   

The translator's full name and the languages they are certified to translate. Sometimes, the original document or a certified copy is attached to the translation.

Country-Specific Regulations: The exact procedures for becoming a certified translator and the specific requirements for certified translations vary from country to country within Europe. For instance, in Cyprus, Law 45(I)/2019 governs sworn translators, requiring them to be registered with the Council of Sworn Translators.   

Apostille or Legalization: For a certified translation from one European country to be accepted in another, it may require an Apostille (for countries that are signatories to the Hague Convention) or legalization by the relevant foreign affairs ministry. This authenticates the origin of the public document. EU Regulation 2016/1191, however, simplifies the requirement for an apostille for certain public documents between EU member states.   

Digital Certification: Some European countries are moving towards digital certified translations with electronic signatures for increased efficiency and easier electronic submission.

What Does Not Apply (Generally)

Universal System: There is no single and unified system for certified translations across all European countries. A certified translation in Austria, for example, is not automatically valid in Spain without further authentication.   

Self-Certification: Unlike the US, where individuals can often certify their own translations, many European countries with sworn translator systems do not recognize self-certified translations for official purposes.

Notarization of Translation (Directly): While a notary public might authenticate the identity of the sworn translator signing the certification, they do not typically "notarize" the translation itself for accuracy in the same way some might expect in the US context. The sworn translator's certification already serves this purpose.

The United States (US)

The system for certified translations in the United States differs significantly from that of many European countries. There is no federal or state licensing system for translators that confers the title of "sworn" or "official" translator. Instead, the focus is on the translator or translation company providing a certification of accuracy.   

What Applies:

Certification of Accuracy: In the US, a certified translation is a translation accompanied by a signed statement from the translator or a representative of the translation company, attesting that the translation is a true and accurate representation of the original document. 

USCIS Requirements: For documents submitted to the U.S. Citizenship and Immigration Services (USCIS) or other federal agencies, a certified translation must include:

• A faithful and accurate translation of the original document.   
• A statement attesting to the completeness and accuracy of the translation.
• A statement affirming the translator's competence in both the source and target languages.   
• The translator's name, signature, address, and date of certification.

Who Can Certify: Anyone proficient in both languages can provide a certified translation in the US. This includes individual translators and employees of translation companies. The American Translators Association (ATA) notes that even an employee of a translation company can certify a translation done by a freelancer, provided they have reviewed it for accuracy.   

Notarization (Often Recommended): While USCIS does not strictly require notarization of certified translations, it is often recommended or requested by other institutions (e.g., academic institutions, courts) as an additional layer of verification of the translator's identity and signature on the certification statement. A notary public acknowledges the identity of the person signing the certification but does not attest to the accuracy of the translation itself.   

Importance of Accuracy and Completeness: Regardless of who performs the translation, the key is that it is accurate and complete, translating all visible text, including stamps and seals.

What Does Not Apply (Generally):

Government-Appointed "Sworn" Translators: The US does not have a system of government-appointed or licensed "sworn" translators in the European sense. The certification comes from the translator or the translation agency.   

Legal Equivalence by Default: A certified translation in the US does not automatically hold the same legal weight as the original document simply by virtue of being certified. Its acceptance depends on the requirements of the specific institution or agency receiving it.

Strict Formatting Rules: While the translation should ideally follow the format of the original document as closely as possible, strict adherence to specific formatting requirements is generally less emphasized than in some European systems.

Apostille for US Translations within the US: An Apostille is used to authenticate US public documents for use in foreign countries that are signatories to the Hague Convention. It is not typically required for certified translations used within the United States.

Understanding the nuances of certified translations in European countries and the US is an important step for individuals and businesses dealing with international legal, academic, or official documents. 

Always verify the specific requirements of the receiving authority or institution to ensure your certified translation is accepted. For international use, be aware of the potential need for an Apostille or legalization to authenticate the document's origin.

At EDLingual, we can guide you through the translation process and help you understand your needs no matter the recipient of the translation. Whether you need the translation for European bodies or for the US federal and state bodies, our broad global network of translators can help. 

For more info please send us an email to info@edlingual.com