Appendix 1
a. In the case of appliances which are constructed in the exporting State for export and use on aircraft which are or may be certificated or approved in the importing State, 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 together with any special conditions which are for the time being required by the importing State for approval of appliances and also certify that the particu- Jar 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 aeronautical authorities.
b. In the case of components which are constructed in the exporting State for export and use on aircraft or appliances which are or may be certificated or approved in the importing State, if the competent acronautical authorities of the exporting State certify that the component conforms to the applicable design data and meets the applicable test and quality control system requirements which have been notified by the importing State to the exporting State, the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronautical authorities. This provision shall only apply to those components which are constructed by a manufacturer in the exporting State pursuant to an agreement between that manufacturer and the aircraft or appliance manufacturer in the importing State. Furthermore, it shall only apply in those instances where, in the judgment of the importing State, the component is of such complexity that determination of conformity and quality control cannot readily be made at the time that the component is assembled with the product.
All other terms and conditions of the October 13, 1961 agreement remain the same.
If the foregoing is acceptable to the Government of the United States of America, it is proposed that this note together with your reply so indicating shall constitute an agreement between our two Governments which shall enter into force on the date of your note Accept, dear Mr. Secretary, the renewed assurances of my highest consideration.
[SEAL] RAYMOND R. PROBST Raymond R. Probst Ambassador of Switzerland The Honorable HENRY A. KISSINGER The Secretary of State Department of State Washington, D.C. 20520 TIAS 8003 Page 155 (and 156)
AC 21-18 8/20/82 Appendix 1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 5214
AVIATION Certificates of Airworthiness for Imported Aircraft Agreement Between the
UNITED STATES OF AMERICA and SWITZERLAND Effected by Exchange of Notes Signed at Bern October 13, 1961 Page 157
8/20/82 AC 21-18 Appendix 1 The American Ambassador to the President of the Swiss Confederation, Chief of the Federal Political Department
THE FOREIGN SERVICE OF THE
UNITED STATES OF AMERICA No. 57 BEEN, October 13, 1961.
EXCELLENCY :
I have the honour to refer to your note dated Friday, October 13, 1961 reading as follows:
"I have the honour to refer to the discussions which have recently taken place between representatives of the Government of Switzerland and the Government of the United States of America, reaching an understanding concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft.
The agreement as made reads as follows:
Article 1
a. The present agreement applies to civil aircraft constructed in the United States, its territories and possessions and exported to Switzerland; and to civil aircraft constructed in Switzerland and exported to the United States, its territories and possessions.
b. As used herein, the term aircraft shall include civil aircraft of all categories including those used for public transport and those used for private purposes; aircraft engines and propellers; and spare parts for aircraft, aircraft engines and propellers which have been exported in accordance with this agreement.
Article 2 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 Switzerland 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 Switzerland and the competent authority of Switzerland has certified that the type design of TIAS 5214 Page 158
AC 21-18 8/20/82 Appendix 1 the aircraft complies with the airworthiness requirements of Switzerland together with any special conditions prescribed in accordance with Article 6, and has certified that the particular aircraft conform to such type design.
Article 3 The same validity shall be conferred by the competent authorities of Switzerland on certificates of airworthiness for export issued by the competent authorities of the United States for aircraft subsequently to be registered in Switzerland as if they had been issued under the regulations in force on the subject in Switzerland, provided, that such aircraft have been constructed in the United States, its territories or possessions and the competent authority of the United States has certified that the type design of the aircraft complies with the airworthiness requirements of the United States together with any special conditions prescribed in accordance with Article 6, and has certified that the particular aircraft conform to such type design.
Article 4
a. The competent authorities of the United States shall arrange for the effective communication to the competent authorities of Switzerland of particulars of compulsory modifications prescribed in the United States, for the purpose of enabling authorities of Switzerland to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by them.
b. In the case of aircraft for which the United States has issued certificates of airworthiness for export, subsequently validated by Switzerland, the competent authorities of the United States shall, when requested, afford the competent authorities of Switzerland assistance in determining that major design changes or major repairs made to such aircraft comply with the applicable airworthiness requirements of the United States.
Article a
a. The competent authorities of Switzerland shall arrange for the effective communication to the competent authorities of the United States of particulars of compulsory modifications prescribed in Switzerland 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 or them.
b. In the case of aircraft for which Switzerland has issued certificates of airworthiness, subsequently validated by the United States, the competent authorities of Switzerland shall, when requested, afford the competent authorities of the United States assistance in determining that major design changes or major repairs made to such aircraft comply with the applicable airworthiness requirements of Switzerland.
Appendix l AC 21-18 8/20/82 Article 6
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
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 7 The question of procedure to be followed in the application of the provisions of the present agreement shall be the subject of direct correspondence, whenever necessary, between the competent authorities of the United States and Switzerland.
Article 8 The present agreement shall be subject to termination by either Government upon six months notice given in writing to the other Government.
Article 9 The present agreement is in the German and English languages, and the texts of both languages are equally authentic.
Upon receipt of a note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of the United States of America, the Government of Switzerland will consider that this note and Your reply thereto constitute an agreement between our two Governments on this subject, which shall enter into force provisionally on the date of Your reply note and shall enter into force definitively on the date of the notification from the Government of Switzerland to the Government of the United States of America that the agreement has been ratified by the Swiss Government.
Excellency, the renewed assurances of my highest consideration."
I have the honour to convey the agreement of the Government of the United States of America to the foregoing and I confirm that your note of Friday, October 13, 1961 and my reply given herewith constitute an agreement between our two Governments on this subject.
TIAS 5214 Page 160
AC 21-18 8/20/82 Appendix 1 Accept, Mr. President, the renewed assurances of my highest consideration.
ROBERT M. McKINNET His Excellency Mr. FRIEDRICH T. WAHLEN, President of the Swiss Confederation, Chief of the Federal Political Department, Page 161 (and 162)
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7537
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and the UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND Effected by Exchange of Notes Signed at London December 28, 1972 Page 163
Appendix l
NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89-197, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113) - *... the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence... of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties. as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof."
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Subscription Price: $27 per year; $6.75 additional for foreign mailing. Single copies vary in price. This issue 20 cents.
AC 21-18 8/20/82 Appendix 1
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND Certificates of Airworthiness for Imported Aircraft Agreement effected by exchange of notes Signed at London December 28, 1972;
Entered into force December 28, 1972.
The American Chargé d'Affaires ad interim to the British Secretary of State for Foreian and Commonwealth Affairs No. 30 Loxpox, December 28, 1972.
EXCELLENCY:
I have the honor to refer to conversations which have taken place between representatives of our two Governments relating to the reciprocal acceptance of airworthiness certifications, in the course of which discussions were held regarding appropriate actions necessary to work towards common safety objectives and to establish standards which will be as similar as practicable. It is my understanding that the two Governments have reached an agreement as set out below. It is also my understanding that this agreement does not relate to noise abatement or anti-pollution requirements.
1. This Agreement applies to civil aeronautical products (hereinafter referred to as "products") and certain components referred to in paragraph 3 of this Agreement when such products or components are produced in one Contracting State (hereinafter referred to as the *exporting State") and exported to the other Contracting State (hereinafter referred to as the "importing State") . and to products produced in another State with which both Contracting States have agreements similar in scope for reciprocal acceptance of airworthiness certifications.
2. (a) If the competent aeronautical authorities of the exporting State certify that a product produced in that State complies either with its applicable laws, regulations and requirements as well as any additional requirements which may have been prescribed by the importing State under paragraph 4 of this Agreement, or with applicable laws, regulations and requirements of the importing State, as notined TIAS 7537 Page 165
AC 21-18 Appendix l 8/20/82 by the importing State as being applicable in the particular case, the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronautical authorities in accordance with its own applicable laws, regulations and requirements.
(b) In the case of a product produced in another State with which both Contracting States have agreements similar in scope for reciprocal acceptance of airworthiness certifications, if the competent aeronautical authorities of the State exporting the product provide a certification that the product conforms to the design covered by the certificate or approval issued by the importing State and certify that the product is in a proper state of airworthiness, the importing State shall give the same validity to such certification as if the certification had been made by its own competent aeronautical authorities in accordance with its applicable laws, regulations and requirements.
3. In the case of components which are produced in the exporting State for export and use on products which are or may be certificated er approved in the importing State. if the competent aeronautical authorities of the exporting State certify that the component conforms to the applicable design data and meets the applicable test and quality control requirements which have been notified by the importing State to the exporting State, the importing State shall give the same validity to the certification as if the certification had been made by its own competent aeronautical authorities. This provision shall only apply to those components which are produced by a manufacturer in the exporting State pursuant to an agreement between that manufacturer and the product manufacturer in the importing State. Furthermore.
it shall only apply in those instances where, in the judgement of the importing State. the component is of such complexity that determination of conformity and quality control cannot readily be made at the time that the component is assembled with the product.
4. The competent aeronautical authorities of the importing State shall have the right to make acceptance of any certification by the competent aeronautical authorities of the exporting State dependent upon the product meeting any additional requirements which the importing State finds necessary to ensure that the product meets a level of safety equivalent to that provided by its applicable laws, regulations and requirements which would be effective for a similar product produced in the importing State. The competent aeronautical authorities of the importing State shall promptly advise the competent aeronautical authorities of the exporting State of any such additional requirements.
5. The competent aeronautical authorities of each Contracting State shall keep the competent aeronautical authorities of the other Contracting State fully informed of all mandatory airworthiness modificacations and special inspections which they determine are necessary in respect of imported or exported products to which this Agreement TIAS 7537 Page 166
Appendix 1
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.
T. 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 in 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 purposes of this Agreement:
(a) "Products" means aircraft, engines, propellers and apphances:
(b) "Aircraft" means civil aircraft of all categories, whether used in public transportation or for other purposes, and includes replacement and modification parts therefor:
(e) "Engines" meaus engines intended for use in aircraft as defined in (b) and includes replacement and modification parts therefor:
(d) "Propellers" means propellers intended for use in aircraft as defined in (b) and includes replacement and modification parts
(e) "Appliance" means any instrument. equipment. mechanism.
apparatus or accessory used or intended to be used in operating an aircraft in flight, which is installed in. intended to be installed in, or attached to the aircraft as defined in (b), but is not part of an airframe, engine or propeller, and includes replacement and modification parts therefor:
(f) "Component" means a material, part. or sub-assembly not covered in (b), (c). (d) or (e) for use on civil aircraft. engines, propellers or appliances:
(g) "Produced in one Contracting State" means that the product or component 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.
TLAS 7537 Page 167
AC 21-18 Appendix 1 8/20/82 (i1) 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, (ii1) for products no longer in production, such airworthiness requirements as the competent aeronautical authorities of the importing State find acceptable in the particular case.
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.
11. Each Contracting State shall keep the other Contracting State advised as to the identifv of its competent aeronautical authorities.
12. Either Contracting State may terminate this Agreement at the expiration of not less than 60 days after giving written notice of that intention to the other State.
13. This Agreement shall terminate and replace the Agreement between our two Governments for the reciprocal validation of certificates of airworthiness, effected by Exchange of Notes at Washington on September 11 and 17, 1934.['] Upon the receipt of a Note from Your Excellency indicating that the foregoing provisions are acceptable to the Government of the United Kingdom of Great Britain and Northern Ireland, 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.
EARL D. SOHM Charge d'Affaires ad interim The Rt. HOn. SIR ALEC DOEGLAS-HOME, Kt., M.P., Secretary of State for Foreign and Commonwealth Affairs, Foreign and Commonwealth Office, Downing Street.
London.
1 EAS 60: 10 Stat. 3652.
TIAS 1537 Page 168