Appendix 1 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 and appliances;
(B) "Aircraft" means a civil aircraft of all categories, whether used in public transportation or for other purposes, and includes replacement and modification parts therefor;
(C) "Engines" means engines intended for use in aircraft as defined in (B) and includes replacement and modification parts therefor; "Propellers" means propellers intended for use in aireraft as defined in (B) and includes replacement and modification parts therefs 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 subassembly not covered in (B), (C), (D), or (E) for use on civil aircrait, engines, propellers or apphances;
(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 (II) For products currently in production, those airworthiness requirenients 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 TIAS 8384 Page 20
Appendix 1 requirements of the importing state applicable to a similar product certificated to airworthiness requirements of the same date; or (II) For products no longer in production, such airworthiness requirements as the competent aeronautical authorities of the import-
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 identity 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.
Upon receipt of a note from your Excellency indicating that the foregoing provisions are acceptable to the Government of the Federative Republic of Brazil, 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 consid-
JOHN HUGH CRIMMINS HiS Excellency ANTONIO F. AZEREDO DA SILVEIRA Minister of Foreign Affairs Brasilia Page 21 (and 22)
8/20/82 Appendix 1 AC 21-18 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7091
CERTIFICATES OF AIRWORTHINESS
FOR EXPORT Agreement Between the
UNITED STATES OF AMERICA and CANADA Amending the Arrangement of July 28, 1938 Effected by Exchange of Notes Dated at Ottawa August 12, 1970, and February 18, 1971 Page 23
Appendix 1 CANADA Certificates of Airworthiness for Export Agreement amending the arrangement of July 28, 1938.
Effected by exchange of notes Dated at Ottawa August 12, 1970, and February 18, 1971;
Entered into force February 18, 1971.
The American Economic Counselor of Embassy to the Canadian Secretary of State for External Affairs
EMBASSY OF THE
UNITED STATES OF AMERICA No. 160 Ottawa, August 12, 1070 EXCELLENCY:
I have the honor to refer to the discussions which have taken place in the past several years between representatives of the Government of the United States of America and the Government of Canada regarding the need to broaden the coverage of the Arrangement Relating to the Certificates of Airworthiness for Export, effected by exchange of notes of July 28, 1935,P) to cover modifications made in onc country to aircraft registered in the other.
It is my understanding that as a result of these discussions Articles I, II and III of the Arrangement shall be amended to read as follows:
ARTICLE I
(a) The present arrangement applies to civil aircraft constructed in continental United States of America, including Alaska, and exported to Canada; and to civil aircraft constructed in Canada and exported to continental United States of America, including Alaska.
(b) This arrangement shall extend to civil aircraft of all categories, including those used for public tran port and those used for private purposes; to aircraft engines nud propellers, to nircraft oppliances, materials and parts, as well as to spare parts for aircraft, aircraft engines, propellers, and appliances which have been exported in accordance with this arrangement. As
•EAS 131; 53 Stat. 1941.
TIAS 7091 Page 24
Appendix 1 used herein, the word "aircraft" shall include any or all of the items specified in this paragraph.
ARTICLE II
(a) The same validity shall be conferred by the competent United States authorities on certificates of airworthiness for export issued by the competent Canadian authorities 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 Canada in accordance with the airworthiness requirements of Canada.
(b) The same validity shall be conferred by the competent United States authorities on a certification by the competent Canadian authorities that the applicable United States sirworthiness requirements for a major change in type design have been complied with as though the certification had been made under regulations in force on the subject in the United States.
ARTICLE III
(a) The same validity shall be conferred by the competent Canadian authorities on certificates of airworthiness for export issued by the competent United States authorities for nircraft subsequently to be registered in Canada as if they had been issued under the regulations in force on the subject in Canada, provided that such aircraft have been constructed in continental United States or Alaska in accordance with the airworthiness requirements of the United States.
(b) The samc validity shall be conferred by the competent Canadian authorities on a certification by the competent United States authorities that the applicable Canadian nirworthiness requirements for a major change in type design have been complied with as though the certification had been made under regulations in force on the subject in Canada.
If the Government of Canada agrees with the terms of the present Note, I propose to Your Excellency that this Note and the Note in reply from Your Excellency communicating Tour Government's concurrence shall constitute an amendment of the Arrangement Relating to Certificates of Airworthiness for Export.
Accept, Excellency, the renewed assurances of my highest con- EMB The Honorable
MITCHELL SHARP, Secretary of State for External Affairs, Ottarva.
TIAS 7091 Page 25 (and 26)
Appendix 1 EXECUTIVE AGREEMENT SERIES No. 131
CERTIFICATES OF AIRWORTHINESS
FOR EXPORT
ARRANGEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND CANADA Effected by Exchange of Notes Signed July 28, 1938 Effective August 1, 1998
UNITED STATES
GOVERNMENT PRINTING OFFICE WASHINGTON: 1938 For sale by the Superintendent of Documents, Washineton. D. C.
Appendix 1 The Secretary of State (Hull) to the Canadian Minister (Marler)
DEPARTMENT OF STATE Washington, July 28, 1938 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 Canada for the conclusion of a reciprocal arrangement for the acceptance of certificates of airworthiness for export.
It is my understanding that it has been agreed in the course of the negotiations, now terminated, that the arrangement shall be as follows:
ARRANGEMENT BETWEEN THE UNITED STATES OF AMERICA AND
CANADA RELATING TO CERTIFICATES OF AIRWORTHINESS FOR EXPORT.
ARTICLE I
(a) The present arrangement applies to civil aircraft constructed in continental United States of America, including Alaska, and exported to Canada; and to civil aircraft constructed in Canada and exported to continental United States of America, including Alaska.
(b) This arrangement shall extend to civil aircraft of al, categories, including those used for public transport and those used for private purposes as well as to components of such aircraft.
ARTICLE II The same validity shall be conferred by the competent United States authorities on certificates of airworthiness for export issued by the competent Canadian authorities 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 Canada in accordance with the airworthiness requirements of Canada.
ARTICLE III The same validity shall be conferred by the competent Canadian authorities on certificates of airworthiness for export issued by the competent United States authorities for aircraft subsequently to be registered in Canada as if they had been issued under the regulations in force on the subject in Canada, provided that such aircraft have 88918 88 Page 28
8/20/82 AC 21-18 Appendix l been constructed in continental United States or Alaska in accordance with the airworthiness requirements of the United States.
ARTICLE IV
(a) The competent United States authorities shall arrange for the effective communication to the competent Canadian authorities of particulars of compulsory modifications prescribed in the United States, for the purpose of enabling the Canadian authorities to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by them.
(b) The competent United States authorities shall, where necessary, afford the competent Canadian authorities facilities for dealing with noncompulsory 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 Y
(a) The competent Canadian authorities shall arrange for the effective communication to the competent United States authorities of particulars of compulsory modifications prescribed in Canada, for the purpose of enabling the United States authorities to require these modifications to be made to aircraft of the types affected, whose certificates have been validated by them,
(b) The competent Canadian authorities shall, where necessary, afford the competent United States authorities facilities for dealing with noncompulsory 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 criginal constructors.
ARTICLE VI
(a) The competent authorities of each country shall have the right to make . 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 issue 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.
Appendix 1 AC 21-18 8/20/82
(b) The competent authorities of each country shall keep the comeffected.
ARTICLE VIL The question of procedure to be followed in the application of the provisions of the present arrangement shall be the subject of direct correspondence, whenever necessary, between the competent United States and Canadian authorities.
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.
(b) On the date that the present arrangement becomes effective, the reciprocal arrangement between the United States of America and Canada for the admission of civil aircraft, the issuance by each country of pilots' licenses to nationals of the other country and the reciprocal acceptance of certificates of airworthiness for aircraft imported as merchandise, entered into by an exchange of notes dated August 29, 1929 and October 22, 1929, will be supplanted in so far as it sets forth the conditions governing the reciprocal acceptance of certificates of airworthiness for aircraft imported as merchandise.' I shall be glad to have you inform me whether it is the understanding of your Government that the terms of the arrangement agreed to in the negotiations are as above set forth. If so, it is suggested that the arrangement become effective on August 1, 1938.
If your Government concurs in this suggestion the Government of the United States will regard it as becoming effective on that date.
Accept, Sir, the renewed assurances of my highest consideration.
CORDELL HULL The Honorable Sir HERBERT MARLER, P. C., K. C. M. G., Minister of Canada.
' The present arrangement, signed July 28, 1938, and effective August 1, 1938, relating to certificates of airworthiness for export and two other arrangements between the United States of America and Canada. hoth also signed July 28, 1938, and effective August 1, 1938, one relating to air navigation (Executive Agreement Series No. 129) and the other relating to certificates of competency or licenses for the piloting of civil aircraft (Executive Agreement Series No.
130), supplant in its entirety the reciprocal arrangement between the United States of America and Canada for the admission of civil aircraft, the issuance of pilots' licenses, and the acceptance of certificates of airworthiness for aircraft imported as merchandise, entered into by an exchange of notes signed August 29 and October 22, 1929 (Executive Agreement Series No. 2).
8/20/82 1C 21-19 Appendix 1 TREATIES AND OTHER INTERVATIONAL ACTS SERIES 698?
CERTIFICATES OF AIRWORTHINESS
FOR IMPORTED AIRCRAFT Agreement Between the
UNITED STATES OF AMERICA and CZECHOSLOVAKIA Effected by Exchange of Notes Signed at Prague October 1 and 21, 1970 Page 31
8/20/82 AC 21-18 Appendix 1
CZECHOSLOVAKIA Certificates of Airworthiness for Imported Aircraft Agreement effected by exchange of notes Signed at Prague October 1 and 21, 1970;
Entered into force October 21, 1970.
The American Ambassador to the Minister of Foreign Affairs of Czechoslovakia
EMBASSY OF THE
UNITED STATES OF AMERICA No. 178 Prague, October 1, 1910
EXCELLENCY, I have the honor to refer to the discussions which have recently taken place between representatives of the Government of the United States of America and the Government of the Czechoslovak Socialist Republic regarding reaching an understanding concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft.
It is my understanding that the agreement shall be as follows:
1.(a) The present agreement applies to civil aircraft designed and constructed in the United States of America, its territories and possessions and exported to the Czechoslovak Socialist Republic: and to civil aircraft designed and constructed in the Czechoslovak Socialist Republic and exported to the United States of America, its territories and possessions.
(b) As used herein, the term aircraft shall include civil aircraft of all categories including those used for public transportation and those used for private purposes: aircraft engines; aircraft propellers; aircraft appliances; and spare parts for aircraft, aircraft engines, aircraft propellers and aircraft appliances which have been exported in accordance with this agreement.
2. The same validity shall be conferred by the competent authorities of the United States of America on certificates of airworthiness for export issued by the competent authorities of the Czechoslovak Socalist Republic for aircraft subsequently to be certificated or approved in the United States of America as if they had been issued under the regulations in force on the subject in the Cnited States of America, provided that such aircraft have been constructed in the Czechoslovak 53-365 0-70 TIAS 6987 Page 32
Appendix l Socialist Republic and the competent authorities of the Czechoslovak Socialist Republic have certified that the design of the aircraft complies with the airworthiness requirements of the Czechoslovak Socialist Republic together with any additional requirements prescribed in accordance with paragraph 6 or the airworthiness requirements of the United States of America, and have certified that the particular aircraft conform to such design.
3. The same validity shall be conferred by the competent authorities of the Czechoslovak Socialist Republic on certificates of airworthiness for export issued by the competent authorities of the United States of America for aircraft subsequently to be certificated or approved in the Czechoslovak Socialist Republic as if they had been issued under the regulations in force on the subject in the Czechoslovak Socialist Republic, provided that such aircraft have been constructed in the United States of America, its territories or possessions, and the competent authorities of the United States of America have certified that the design of the aircraft complies with the airworthiness requirements of the United States of America together with any additional requirements prescribed in accordance with paragraph 6, and have certified that the particular aircraft conform to such design.
4. (a) The competent authorities of the United States of America shall arrange for the effective communication to the competent authorities of the Czechoslovak Socialist Republic of particulars of compulsory modifications prescribed in the United States of America for the purpose of enabling authorities of the Czechoslovak Socialist Republic to require those 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 of America has issued certificates of airworthiness for export, subsequently validated by the Czechoslovak Socialist Republic, the competent authorities of the United States of America shall, when requested, afford the competent authorities of the Czechoslovak Socialist Republic assistance in determining that major design changes or major repairs made to such aircraft comply with the applicable airworthiness requirements of the United States of America.
5. (a) The competent authorities of the Czechoslovak Socialist Republic shall arrange for the effective communication to the competent authorities of the United States of America of particulars of compulsory modifications prescribed in the Czechoslovak Socialist Republic for the purpose of enabling the authorities of the United States of AL. ica to require these modifications to be made to aircraft of the types affected. whose certificates have been validated by
(b) In the case of aircraft for which the Czechoslovak Socialist Republic has issued certificates of airworthiness for export, subsequently validated by the Inited States of America, the competent authorities of the Czechoslovak Socialist Republic shall, when re- TIAS 6987 Page 33