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The ethics of translating Panamanian incorporation documents
Thread poster: Adrian MM. (X)
Adrian MM. (X)
Adrian MM. (X)
Local time: 17:28
French to English
+ ...
Apr 4, 2016

In the light or darkness of the record 11 million documents leaked out of a Panamanian law firm and revealing a level of international tax dodging and money laundering that defies belief, should translators and interpreters - out of Spanish and into any language - be more concerned, discerning and discriminatory about accepting for translation Pactos Sociales and/or Estatutos (AmE: Articles of Incorporation or BrE/OzE: Memorandum & Articles of Association) or from any other tax havens?

 
Łukasz Gos-Furmankiewicz
Łukasz Gos-Furmankiewicz  Identity Verified
Poland
Local time: 17:28
English to Polish
+ ...
... Apr 4, 2016

Nice catch, sir. Well, I've previously declined translation of tax-haven-related documents simply because I pay my bloody taxes in Poland, and so should everybody who does business here. No bleeding freeriding. Hence, I don't help it.

On the other hand, I can perfectly understand people who want to leave this rotten, inhuman, extortion-based banditic system or at least have as little do with it as possible, so I don't judge them. In some situations I could see myself helping them �
... See more
Nice catch, sir. Well, I've previously declined translation of tax-haven-related documents simply because I pay my bloody taxes in Poland, and so should everybody who does business here. No bleeding freeriding. Hence, I don't help it.

On the other hand, I can perfectly understand people who want to leave this rotten, inhuman, extortion-based banditic system or at least have as little do with it as possible, so I don't judge them. In some situations I could see myself helping them — as long as what they do is not unethical in my view or putting me at risk of liability.

I would actually risk liability to help a client whose cause were just (God's law is above human law), but not in this sort of cause, not normally at least.
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The Misha
The Misha
Local time: 12:28
Russian to English
+ ...
How is this any business of yours? Apr 4, 2016

Naturally, no one can tell you what particular documents you should or should not accept to work with. You are a freelancer, it's totally your business. However, this works both ways. Unless you are a government official authorized to enforce specific tax laws of your country, why should it be your business to tell others how to run their affairs, on or offshore? I say, if you have a legitimate concern that someone in your jurisdiction is breaking the tax law (surprise! surprise!) and feel an un... See more
Naturally, no one can tell you what particular documents you should or should not accept to work with. You are a freelancer, it's totally your business. However, this works both ways. Unless you are a government official authorized to enforce specific tax laws of your country, why should it be your business to tell others how to run their affairs, on or offshore? I say, if you have a legitimate concern that someone in your jurisdiction is breaking the tax law (surprise! surprise!) and feel an unbearable itch to tell someone, call your local tax authority's hotline or use whatever other arrangements available for the purpose. Otherwise, please do not mess with things that are none of your concern. I mean, really, you'd do yourself a favor deciding once and for all if you are out to make a living or change the world. As the first step towards that goal (making a living, that is), I would also suggest stopping reading newspapers and such, and if that, for some reason, proves impossible, taking everything you read there at face value.Collapse


 
Jessica Noyes
Jessica Noyes  Identity Verified
United States
Local time: 12:28
Member
Spanish to English
+ ...
I would love to assist the researchers Apr 4, 2016

I would love to be a translator for the Panama Papers and contribute to the worthy project of enlightening the public about what is going on. I can't imagine Deutsche Zeitung and the Guardian being able to report on these papers at all without teams of translators working in several languages.

 
Adrian MM. (X)
Adrian MM. (X)
Local time: 17:28
French to English
+ ...
TOPIC STARTER
How is this any business of yours? It is now... Apr 4, 2016

The Misha wrote:

Otherwise, please do not mess with things that are none of your concern.


I am unsure whom you are addressing but you are - alas, predictably - jumping to a number of conclusions and false assumptions.

A number of points.

1. I am retired, so accepting such a brief doesn't recur - see below.

2. Having translated during my working life, Spanish into English. up to 1,000 Panamanian sets of incorporation documents, I now find that some of the companies set up have been used for unlawful purposes - which might leave a bad taste in someone's mealy mouth.

3. I congratulate and admire you Misha, formerly of Odessa, if you feel no moral or ethical qualms - as opposed to Łukasz who refuses tax-haven translation briefs - about translating a text, Russian or Ukrainian into English or vice versa, for instance: targetting this sea port with the relaunch of Nineteenth Century-type pogroms or a military invasion.

Just translate it and get paid, runs the slogan! Or - as my friends and relatives in the US say - 'get the dollar!'


[Edited at 2016-04-05 05:30 GMT]


 
Katalin Horváth McClure
Katalin Horváth McClure  Identity Verified
United States
Local time: 12:28
Member (2002)
English to Hungarian
+ ...
Tricky question on ethics Apr 5, 2016

I am with The Misha on this, although I would word my reasoning a bit differently.
It is the freelancer's prerogative to accept or reject any job for any reason.

I have had only one case where I felt very uneasy about the material I received for translation - and I alerted the agency in question. It was an award certificate in a set of documents that were used for immigration purposes. The award certificate looked forged. It was a participation certificate (for a sports event)
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I am with The Misha on this, although I would word my reasoning a bit differently.
It is the freelancer's prerogative to accept or reject any job for any reason.

I have had only one case where I felt very uneasy about the material I received for translation - and I alerted the agency in question. It was an award certificate in a set of documents that were used for immigration purposes. The award certificate looked forged. It was a participation certificate (for a sports event) that was altered to say the person won 1st place. It was very easy to notice for someone who understands the original language, but if it was translated, the issue would have been covered up.

In other cases, it is usually hard to know what the documents are used for. So, even a description of a scheme that looks like racketeering or a ponzi-scheme, may be translated for purposes of investigation. We are seldom told who the end client is and how they will use the translated materials. So in most cases it is best not to judge, or even guess.

Katalin


[Edited at 2016-04-05 03:34 GMT]
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Jennifer Forbes
Jennifer Forbes  Identity Verified
Local time: 16:28
French to English
+ ...
In memoriam
"Need to know" Apr 5, 2016

I agree with Jessica and Katalin. Documents concerning nefarious practices of any kind anywhere may well need to be translated so that the people investigating and possibly prosecuting those practices can find out what is going on.
Your acceptance or refusal of such translations is your decision, of course, but your acceptance does not (necessarily) make you a party to the nefarious practice. You could be helping to prevent it.
I once had to transcribe and translate tapes (in semi-au
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I agree with Jessica and Katalin. Documents concerning nefarious practices of any kind anywhere may well need to be translated so that the people investigating and possibly prosecuting those practices can find out what is going on.
Your acceptance or refusal of such translations is your decision, of course, but your acceptance does not (necessarily) make you a party to the nefarious practice. You could be helping to prevent it.
I once had to transcribe and translate tapes (in semi-audible African French) about female circumcision. A horrible practice, but I hoped my work might help bring to light what was happening and stop it.
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Tomás Cano Binder, BA, CT
Tomás Cano Binder, BA, CT  Identity Verified
Spain
Local time: 17:28
Member (2005)
English to Spanish
+ ...
Agree Apr 5, 2016

Łukasz Gos-Furmankiewicz wrote:
On the other hand, I can perfectly understand people who want to leave this rotten, inhuman, extortion-based banditic system or at least have as little do with it as possible, so I don't judge them. In some situations I could see myself helping them — as long as what they do is not unethical in my view or putting me at risk of liability.

I would actually risk liability to help a client whose cause were just (God's law is above human law), but not in this sort of cause, not normally at least.

I have to agree. The point is: Should we really allow governments to raise taxes to unreasonable levels? The insane tax levels paid by people with high income means that the government makes more money than tax payers, effectively making them slaves of the State. Trying to escape slavery is something I can understand. One human right that was forgotten but should definitely be included is the right not to be enslaved by means of excessive taxes.

I wish, however, that some Spanish left-wing artists who were caught in the act in the Panama papers used their influence to convince their friends in political parties to try to reduce tax levels for everyone, instead of defending high taxes for everyone but themselves.

[Edited at 2016-04-05 07:15 GMT]


 
Jo Macdonald
Jo Macdonald  Identity Verified
Spain
Local time: 17:28
Member (2005)
Italian to English
+ ...
How do you feel about that? Apr 5, 2016

Adrian MM. wrote:


2. Having translated during my working life, Spanish into English. up to 1,000 Panamanian sets of incorporation documents, I now find that some of the companies set up have been used for unlawful purposes


 
Steffen Walter
Steffen Walter  Identity Verified
Germany
Local time: 17:28
Member (2002)
English to German
+ ...
'Some' vs. vast majority Apr 5, 2016

Adrian MM. wrote:

...

2. Having translated during my working life, Spanish into English. up to 1,000 Panamanian sets of incorporation documents, I now find that some of the companies set up have been used for unlawful purposes - which might leave a bad taste in someone's mealy mouth.



Whilst I largely agree with your other points, I'm afraid that there are not just 'some' companies set up for unlawful purposes. According to current media coverage, this seems to be the rule rather than the exception.


 
Adrian MM. (X)
Adrian MM. (X)
Local time: 17:28
French to English
+ ...
TOPIC STARTER
Direct litigation hit Apr 5, 2016

Jenny Forbes wrote:

Your acceptance or refusal of such translations is your decision, of course, but your acceptance does not (necessarily) make you a party to the nefarious practice. You could be helping to prevent it.


Thanks everyone for the thoughtful input.

We need to be careful about 'washing our hands' of the translation.

I once, 30 years ago, met - at a London theatre copyright seminar - the German-into-English translator of Rolf Hochhuth's high-profile and controversial theatre play: Soldiers and who had been (unsuccessfully) sued by Sir Winston Churchill's family for defamation.



[Edited at 2016-04-05 09:28 GMT]


 
Tom in London
Tom in London
United Kingdom
Local time: 16:28
Member (2008)
Italian to English
I won't do it Apr 5, 2016

I was recently contacted by a translating agency for which I had not worked before, so before accepting the job they were offering, I checked them out carefully, as I always do.

They had a London address, but when I asked them for their invoicing address they gave me the name of a company registered in the British Virgin Islands. This immediately rang alarm bells. The BVI is one of the best-known tax havens.

I was also concerned by the possibility that if this agency di
... See more
I was recently contacted by a translating agency for which I had not worked before, so before accepting the job they were offering, I checked them out carefully, as I always do.

They had a London address, but when I asked them for their invoicing address they gave me the name of a company registered in the British Virgin Islands. This immediately rang alarm bells. The BVI is one of the best-known tax havens.

I was also concerned by the possibility that if this agency didn't pay me, I would be unable to take action against a company registered in the BVI. I therefore asked my interlocutor, who had an Eastern European-sounding name, to provide me with a UK business address and VAT registration number.

I received an impertinent response querying why I was not happy with the business address they had given me.

I gave up. Basically I wasn't happy anyway about working for any company that was registered in a well-known tax haven - and I would earnestly suggest that others do likewise.

One way to make it more difficult for companies to avoid paying their taxes is to refuse to work for them.
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Tom in London
Tom in London
United Kingdom
Local time: 16:28
Member (2008)
Italian to English
Excellent idea Apr 5, 2016

Jessica Noyes wrote:

I would love to be a translator for the Panama Papers and contribute to the worthy project of enlightening the public about what is going on. I can't imagine Deutsche Zeitung and the Guardian being able to report on these papers at all without teams of translators working in several languages.


The Panama Papers were leaked to The International Consortium of Investigative Journalists, which passed them on to the Guardian and the Süddeutsche Zeitung.

So if you want to help with translating (from Spanish, I assume) your best point of contact would be The International Consortium of Investigative Journalists, here:

https://www.icij.org


 
Tom in London
Tom in London
United Kingdom
Local time: 16:28
Member (2008)
Italian to English
No ethics Apr 5, 2016

Adrian MM. wrote:

Just translate it and get paid, runs the slogan! Or - as my friends and relatives in the US say - 'get the dollar!'


I do like a man with principles. Just translate anything and ask no questions. Noble sentiments indeed. Just doing whatever you're asked to do. You and Adolf Eichmann would make fine bedfellows.

[Edited at 2016-04-05 10:58 GMT]


 
Adrian MM. (X)
Adrian MM. (X)
Local time: 17:28
French to English
+ ...
TOPIC STARTER
Bed-fellowing Apr 5, 2016

Tom in London wrote:

Adrian MM. wrote:

Just translate it and get paid, runs the slogan! Or - as my friends and relatives in the US say - 'get the dollar!'


I do like a man with principles. Just translate anything and ask no questions. Noble sentiments indeed. Just doing whatever you're asked to do. You and Adolf Eichmann would make fine bedfellows.

[Edited at 2016-04-05 10:58 GMT]


Bed-fellowing would be difficult. Adolf E's ashes were supposed to have been scattered at sea over the Mediterranean post-execution on the 1st June 1962, plus my closing comments were meant ironically and sarcastically.

[Edited at 2016-04-05 19:28 GMT]


 
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The ethics of translating Panamanian incorporation documents







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