AC 21-18 8/20/82 Appendix l
6. The competent aeronautical authorities of the exporting State shall; in respect of products produced in that State, assist the competent aeronautical authorities of the importing State in determining whether major design changes and major repairs made under the control of the competent aeronautical authorities of the importing State comply with the laws, regulations, and requirements under which the product was originally certificated or approved.
They shall also assist in analyzing those major incidents occurring on products to which this Agreement applies and which are such as would raise technical questions regarding the airworthiness of such products.
7. The competent aeronautical authorities of each contracting State shall keep the competent aeronautical authorities of the other contracting State currently informed of all relevant laws, regulations, and requirements of their State.
8. In the case of conflicting interpretations of the laws, regulations or requirements pertaining to certifications or approvals under this Agreement, the interpretation of the competent aeronautical authorities of the contracting State whose law, regulation or requirement is being interpreted shall prevail.
9. For the purpose of this Agreement:
(A) "Products" means aircraft, engines, propellers, components, and appliances.
(B) "Aircraft" means civil aircraft of all categories, whether used in public transportation or for other purposes, and replacement and modification parts therefor, when such aircraft and replacement and modification.
Appendix 1 parts are exported from the United States to Singapore, or when such replacement and modification parts are exported from Singapore to the importing State or another State as provided for in subparagraph (E).
(C) "Engines means engines and replacement and modification parts therefor, when such engines and replacement and modification parts are exported from the United States to Singapore, or when such replacement and modification parts are exported from Singapore to the importing State or another State as provided for in subparagraph (E).
(D) "Propellers" means propellers and replacement and modification parts therefor, when such propellers and replacement and modification parts are exported from the United States to Singapore, or when such replacement and modification parts are exported from Singapore to the importing State or another State as provided for in subparagraph (E).
(E) "Component" means a U.s. -desiqned material, part, or sub-assembly produced in the exporting State for use in the manufacture of a product which is or may be certificated or approved in the importing State, and such components shipped directly from the exporting State for use as replacement and modification parts on U.S.-manufactured aircraft located in the importing State or another State when authorized by the competent aeronautical authorities of the importing State.
(F) "Appliance" means any instrument, equipment, mechanism, apparatus, or accessory used in or intended to be used in operating an aircraft, which is installed in, intended to be installed in, or attached to the aircraft, Page 130
AC 21-18 8/20/82 Appendix l but is not part of an airframe, engine, or propeller, and includes replacement and modification parts therefor, provided that in the case of those appliances exported from Singapore to the United States, each such appliance is approved by the Federal Aviation Administration under provisions set forth in Title 14, United States Code of Federal Regulations, Section 21.617 (Technical Standard Order design approvals).
(G) "Produced in one contracting State" means that the product as a whole is fabricated in the exporting State, even though portions thereof may have been fabricated in another State.
(H) "Applicable laws, regulations, and requirements" means:
(i) those airworthiness laws, regulations, and requirements which are effective on the date the manufacturer applies for certification of the product in the importing State; or
(ii) for products currently in production, those airworthiness requirements effective on the date of the latest amendment of the airworthiness requirements which were required to be used for the certification of the product in the exporting State or those airworthiness requirements of the importing State applicable to a similar product certificated to airworthiness requirements of the same date; or
(iii) for products no longer in production, such airworthiness requirements as the competent aeronautical authorities of the importing State find acceptable in the particular case.
Appendix 1
10. The competent aeronautical authorities of each contracting State shall make such mutual arrangements in respect of procedures as they deem necessary to implement this Agreement, and to ensure that redundant certification, testing, and analysis are avoided.
1l. Each contracting State shall keep the other contracting State advised as to the identity of its competent aeronautical authorities.
12. Either contracting State may request amendment of this Agreement at any time.
13. Lither contracting State may terminate this Agreement at the expiration of not less than sixty days after giving written notice of that intention to the other State.
Upon receipt of a note from your Excellency indicating that the foregoing provisions are acceptable to the Government of the Republic of Singapore, the Government of the United States of America will consider that the present note and your reply thereto constitute an Agreement between our two Governments on this subject which shall enter into force on the date of your reply.
Accept, Excellency, the renewed assurances of my highest consideration.
For the Secretary of State:
Harry E.T. Thayer Ambassador I hereby certify that this is a true copy of the original Note signed by Harry 2. T.
Thayer, Ambassador of the United States to the Republic of Singapore.
Cua. + 21,1151 Frank Vincent Nash Date Second Secretary Embassy of the United States of America singapore Page 132
Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 3200
CERTIFICATES OF AIRWORTHINESS FOR
IMPORTED AIRCRAFT Arrangement Between the
UNITED STATES OF AMERICA and the UNION OF SOUTH AFRICA Effected by Exchange of Notes Signed at Pretoria October 29, 1954, anủ February 22, 1955 Page 133
AC 21-18 Appendix 1 8/20/82
UNION OF SOUTH AFRICA Certificates of Airworthiness for Imported Aircraft Arrangement effected by exchange of notes Oct. 29, TIAS 3200 1954 Signed at Pretoria October 29, 1954, and February 22, 1955; and Feb. 22, 1955 Entered into force February 22, 1955.
The American Chargé d'Affaires ad interim to the South African Minister of External Affairs
THE FOREIGN SERVICE OF THE
UNITED STATES OF AMERICA
EMBASSY OF THE
UNITED STATES OF AMERICA No. 64 Pretoria, October 29, 1954.
SIR:
I have the honor to refer to negotiations which have recently taken place between the Government of the United States of America and the Government of the Union of South Africa for the conclusion of a reciprocal arrangement for the acceptance of certificates of airworthiness for imported aircraft.
It is my understanding that it has been agreed in the course of the begotiations, now terminated, that the arrangement shall be as folows:
ARRANGEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE UNION OF SOUTH AFRICA RELATING TO CERTIFICATES
OF AIRWORTHINESS FOR IMPORTED AIRCRAFT
ARTICLE I
(a) The present arrangement applies to civil aircraft constructed in continental United States of America, including Alaska, and exported to the Union of South Africa; and to civil aircraft constructed in the Union of South Africa and exported to continental United States of America, including
(b) This arrangement shall extend to civil aircraft of all categories, including those used for public transport and those Page 134
AC 21-18 8/20/82 Appendix 1 used for private purposes as well as to components of such aircraft.
ARTICLE II The same validity shall be conferred by the competent authorities of the United States on certificates of airworthiness for export issued by the competent authorities of the Union of South Africa for aircraft subsequently to be registered in the United States as if they had been issued under the regulations in force on the subject in the United States, provided that such aircraft have been constructed in the Union of South Africa in accordance with the airworthiness requirements of the Union of South Africa.
ARTICLE III The same validity shall be conferred by the competent authorities of the Union of South Africa on certificates of airworthiness for export issued by the competent authorities of the United States for aircraft subsequently to be registered in the Union of South Africa as if they had been issued under the regulations in force ou the subject in the Union of South Africa, provided that such aircraft have been constructed in continental United States or Alaska in accordance with the airworthiness requirements of the United States.
ARTICLE IV
(a) The 'competent authorities of the United States shall arrange for the effective communication to the competent authorities of the Union of South Africa of particulars of compulsory modifications prescribed in the United States, for the purpose of enabling the authorities of the Union of South Africa to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by
(b) The competent authorities of the United States shall, where necessary, afford the competent authorities of the Union of South Africa facilities for dealing with non-compulsory modifications which are such as to affect the validity of certificates of airworthiness validated under the terms of this arrangement, or any of the other conditions of validation.
They will similarly give facilities for dealing with cases of major repairs carried out otherwise than by the fitting of spare parts supplied by the original constructors.
TIAS 3200 Page 135
Appendix 1
ARTICLE V
(a) The competent authorities of the Union of South Africa shall arrange for the effective communication to the competent authorities of the United States of particulars of compulsory modifications prescribed in the Union of South Africa, for the purpose of enabling the authorities of the United States to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by them.
(b) The competent authorities of the Union of South Africa shall, where necessary, afford the competent authorities of the United States facilities for dealing with non-compulsory modifications which are such as to affect the validity of certificates of airworthiness validated under the terms of this arrangement, or any of the other original conditions of validation.
They will similarly give facilities for dealing with cases of major repairs carried out otherwise than by the fitting of spare parts supplied by the original constructors.
ARTICLE VI
(a) The competent authorities of each country shall have the right to make the validation of certificates of airworthiness for export dependent upon the fulfillment of any special conditions which are for the time being required by them for the issuance of certificates of airworthiness in their own country.
Information with regard to these special conditions in respect to either country will from time to time be communicated to the competent authorities of the other country.
(b) The competent authorities of each country shall keep the competent authorities of the other country fully and currently informed of all regulations in force in regard to the airworthiness of civil aircraft and any changes therein that may from time to time be effected.
ARTICLE VII The question of procedure to be followed in the application of the provisions of the present arrangement shall be the subject comp And authories of the of direct correspondence, whenever necessary, between the competent authorities of the United States and the Union of
ARTICLE VIII
(a) The present arrangement shall be subject to termination by either Government upon sixty days' notice given in writing to the other Government.
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AC 21-18 Appendix 1 8/20/82
(b) This arrangement shall terminate and replace the arrangement between the United States of America and the Union of South Africa providing for the acceptance by the one country of certificates of airworthiness for aircraft imported from the other country as merchandise, effected by an exchange КАБ 28 of notes signed at Pretoria on October 12 and December 1, 1931.
47 Stat. 2687, Upon the receipt of a note indicating that the foregoing provisions are acceptable to the Government of the Union of South Africa, the Government of the United States of America will consider that this note and your reply thereto constitute an agreement between the two Governments on this subject, the agreement to come into force on the date of your note in reply.
Accept, Sir, the renewed assurances of my highest consideration.
WILSON C. FLAKE Charge d'Affaires a. i.
Doctor the Honorable D. F. MALAN, Minister of External Affairs for the Union of South Africa.
Page 137 (and 138)
Appendix 1 TREATIES AND OTHER INTERNATIOVAL ACTS SERIES 9217
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and SPAIN Amending the Arrangement of September 23, 1937 Effected by Exchange of Votes Dated at Washington September 18 and October 13, 1978 Page 139
Appendix 1
TRANSLATION No. 255 The Embasay of Spain presents ite compliments to the Department of State and has the honor to refer to the amendment, currently under discusaion, of the Arrangement between the Governments of Spain and the United States of America relating to the reciprocal acceptance of certificates of airworthiness for imported aircraft and their parts, concluded on September 23, 1957l'] at Madrid.
During discussions which took place in May 1978 the Department of State proposed a new text for certain articles of the Arrangement. That text has been accepted by the Spanish Government, Consequently, it is propomed in this note verbale that the text of the Arrangement of September 23, 1957, be amended in the following manner, accepted by both Governments:
The taxt of Article I shall be deleted and replaced with the following text:
Article I
(a) This arrangement applies to civil aircraft and appliances constructed in the United States, its territories, and possessions, and exported to Spsin, and to civil aircraft and appliances constructed in Spain and exported to the United States, its territories, and possessions. Appliances covered in this arrangement are those which are individually determined to be included by mutual consent of the competent seronauticel authorities of the United Scates and Spain.
(b) This arrangement shall extend to civil sircraft of all categories, including those used for public transportation and those used for private purposes, as well as spare parts for auch aircraft.
: TIAS 3906; & UST 1549.
TIAS 9217 Page 140
AC 21-18 8/20/82 Appendix 1
(c) As used hereit, the term "appliance" aball include any instrument, equipment, mechanics, apparatus, or accesory used or intended to be used in operating an aircraft in flight, which is inatalled in, intended to be installed in, actached to or intended to be attached to an aircraft, as defined in paragraph (b) of this article, but is not part of the airframe, engine, or propeller, and shall include replacement and modification parts therefor.
Articles Il and Ill, now in force, shall be renumberec as Il(a) and II(b), respectively, and an Article III shall be added with the following text:
Article III In the case of appliances, if the competent aeronautical authorities of the exporting State certify that the design of the appliance complies with the airworthiness requirements of the exporting State and with any special conditions which are required at the time by the importing State for the approval of appliances, and aleo certify that the particular appliance conforms to such design, the importing State shall give the same validity to the certification as if the certification had been made by its own competent seronauticul authorities The Embassy of Spain encloses the full powere isaued by the Spanish Minister of Foreign Affeirs to His Excellercy Jose Lladó, Ambassador of Spain to the United States of America, authorizing him to proceed with the corresponding exchange oi notei.
A note verbale from the Department of State to this Embasay accepting the amendments proposed in this note will be deemed eufficient for the Arrangement to be amended as indicated.
TIAS WIT Page 141