Canceled be 21-25 + 494-6 19-4944-60 AC 21-2D DATE 1/15/80
ADVISORY CIRCULAR
EXPORT AIRWORTHINESS APPROVAL PROCEDURES
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Washington, D.C.
AC 21-2D DATE 1/15/80
ADVISORY CIRCULAR
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Washington, D.C.
Subject: EXPORT AIRWORIHINESS APPROVAL PROCEDURES
1. PURPOSE. This advisory circular contains special requirements that have been submitted to the Federal Aviation Administration (FAA) by foreign governments.
2. CANCELLATION. AC No. 21-2C dated June 7, 1976.
3. PRINCIPAL CHANGES.
a. New paragraph 10 has been added entitled, "Determination of 'New' and 'Used' Products."
b. New special requirements have been added for Australia, Bolivia, Botswana, Hong Kong, Israel, Korea, Lebanon, Morocco, Sweden, Syria, and Tunisia.
c. Special requirements have been revised for Argentina, Canada, China, France, Indonesia, Japan, Netherlands, New Zealand, Singapore, and United Kingdom. Dates have been added to the headings of all special requirements which are new or have been revised.
d. Figures 3 and 4 of Appendix l have been revised to reflect notations concerning time and use of multipurpose tag.
e. Appendix 3 information has been expanded to show regional office locations/addresses.
f. Appendix 4 information concerning bilateral agreements has been updated and deletes Appendix 5.
g. A new Appendix 5 has been added to include a list of the ICAO member states BEARDI Director of Airworthiness Initiated by: AWS-200
1/15/80 AC 21-2D
CONTENTS Page No.
1. GENERAL 1
2. FAR 21.323, ELIGIBILITY 2
3. FAR 21.325, EXPORT AIRWORIHINESS APPROVALS 3
4. FAR 21.327, APPLICATION 3
5. FAR 21.329, ISSUANCE OF EXPORT CERTIFICATES OF 5 AIRWORIHINESS, FAA Form 8130-4, FOR CLASS I PRODUCTS
6. FAR 21,331, ISSUANCE OF AIRWORTHINESS APPROVAL 5 TAGS, FAA Form 8130-3, FOR CLASS II PRODUCTS
7. FAR 21.335, RESPONSIBILITIES OF EXPORTERS 5
8. FAR 21.339, SPECIAL EXPORT AIRWORIHINESS APPROVAL
FOR AIRCRAFT
9. RESPONSIBILITY FOR ISSUANCE AND REVISION
10. DETERMINATION OF "NEW" AND "USED" PRODUCTS 7 APPENDIX 1. SAMPLE FORMS APPENDIX 2. SPECIAL REQUIREMENTS OF FOREIGN 1
COUNTRIES APPENDIX 3. FAA REGIONAL OFFICES RESPONSIBLE FOR 1
CIVIL AVIATION MATTERS IN FOREIGN
COUNTRIES APPENDIX 4. BILATERAL AIRWORIHINESS AGREEMENTS 1 APPENDIX 5. ICAO MEMBER STATES 1 III
EXPORT AIRWORIHINESS APPROVAL PROCEDURES
1. GENERAL.
This advisory circular provides general information and guidance concerning issuance of export approvals under Federal Aviation Regulations (FAR) Part 21, Subpart L. As appropriate, the information contained herein sets forth an acceptable means, but not the sole means, for compliance with the FAR. Paragraphs 2 through 8 are identified to correspond with the section of the FAR under discussion. Some sections have been intentionally omitted, since their meaning is clear and further discussion is considered unnecessary.
b. Persons in the United States desiring additional information or advice on how to get an export airworthiness approval may contact the nearest FAA District or Regional Office. Foreign importers of U.S.
aeronautical products and U.S. citizens located in foreign countries may contact the appropriate FAA office listed in Appendix 3.
c. A number of foreign countries have identified certain special requirements/conditions with which the FAA must certify compliance by the exporter before the importing country will validate an FAA export approval.
(APPENDIX 2 OFTEN REFERS TO VARIOUS FOREIGN COUNTRY INTERNAL TECHNICAL DOCUMENTS. IN MANY CASES THESE DOCUMENTS ARE NOT AVAILABLE IN FAA DISTRICT OFFICES IN TRANSLATED FORM. IN SUCH CASES, IT WILL BE
NECESSARY FOR INTERESTED PARTIES TO OBTAIN THESE DOCUMENTS DIRECTLY FROM THE APPROPRIATE EMBASSY.)
Special Requirements are those administrative requirements which must be satisfied as a condition of shipment at the time of export.
They involve, for example, the requirement for a U.S. Export Certificate of Airworthiness, copies of logbooks, flight manuals, etc. These are the special requirements referred to in Subpart L of FAR 2l.
(2) When a product does not meet the special requirements of an importing country, a written statement must be obtained by the exporter, from the civil air authorities of the importing country, indicating that they will accept the deviation. _ This statement must accompany each application for an Export Certificate of Airworthiness.
(3) Additional Requirements are those additional design requirements found necessary by the importing country, in addition to the exporting country's certification or approval basis, to provide a level of safety, and a level of environmental quality (including noise) equivalent to those provided for by the importing country's certification basis. These Par 1 1
additional validation requirements should be identified in the type certificate data sheets as applicable to certain importing countries. When these requirements cannot or will not be satisfied, the exporter must obtain a statement from the civil aviation authorities of the importing country indicating they will accept the deviation. An exporter may obtain information on additional requirements from the civil air authority of the importing country.
(4) Special Conditions are airworthiness standards issued to cover novel and unusual design features which are not adequately covered by a country's applicable laws, regulations and requirements. These special conditions should be included in type certificate data sheets. Special conditions for U.S. type certification are issued in accordance with FAR
21.16. An exporter may obtain information on special conditions from the civil air authority of the importing country.
(5) The "special requirements of the importing country" referred to in Subpart L of FAR 2l include those Special Requirements, Additional Requirements, and Special Conditions specified by the importing country.
Appendix 4 lists the countries with which the United States has concluded formal bilateral agreements for reciprocal acceptance of Export Certificates of Airworthiness and the scope of each agreement. The special requirements in Appendix 2 include those submitted by some of the bilateral agreement countries, as well as special requirements submitted informally by countries with whom no formal agreement is in effect. An export approval may be issued upon request for a product to be exported to a country not covered in either Appendix 2 or 4; however, such an approval would certify compliance with only U.S. airworthiness standards. Assurance of compliance with any other requirements which the country may impose would be the responsibility of the exporter and importer, unless the country chooses to submit their special requirements for publication in this advisory circular.
compliance with applicable requirements but DOES NOT CONSTITUTE AUTHORITY IO An Export Certificate of Airworthiness, FAA Form 8130-4, certifies OPERATE AN AIRCRAFT. Information and guidance concerning appropriate airworthiness certificates and/or flight permits are in AC No. 20-65, U.S.
Airworthiness Certificates and Authorizations for Operation of Domestic and Foreign Aircraft."
2. FAR 21.323 ELIGIBILITY. U.S. citizens engaged in the business of selling civil aircraft and related products are the ones who will be the most interested in obtaining export airworthiness approvals for products being exported; however, other persons, such as individual aircraft owners or operators, are also eligible provided all pertinent requirements are met. It should be noted that, due to limited FAA resources, only those manufacturers holding an FAA production approval, and who have in their employ a designated representative of the Administrator, are eligible to obtain export airworthiness approvals for Class III products covered by their production approvals.
2 Par 1
3. FAR 21.325 EXPORT AIRWORTHINESS APPROVALS.
a. This section of the regulations covers all the products which may be approved for export. Samples of the export airworthiness approval forms are shown in Appendix 1.
b. The date of issuance for an export airworthiness approval will always be the date the product concerned was inspected by the FAA and found to comply with the pertinent requirements. In other words, an export airworthiness approval means that AS OF THE DATE OF ITS ISSUANCE the product covered thereby was found to be airworthy and in compliance with the applicable requirements. In order to preclude complaints from foreign countries and subsequent investigations by the FAA, it is recommended that the U.S.
exporter ensure the product is airworthy and still meets the pertinent requirements when delivered to the foreign importer.
4. FAR 21.327 APPLICATION. Samples of Application for Export Certificate of Airworthiness, FAA Form 8130-1, are shown in Appendix 1. Part I of the application should be completed for Class I products and Part II for Class II products. Class II products being exported by production certificate holders and all Class III products do not require a written application.
these cases, oral application or request should be made to the appropriate FAA representative specified in Section 21.327. Subparagraphs (a) and (b) below provide information regarding completion of Parts I and II of the application.
a. PART I - (For Class I Products)
(1) Export Certificate No - Leave blank.
(2) Items 1 through 4 - Self-explanatory.
(3) Item 5 - Description of Product(s) - Self-explanatory, except as follows:
(1) For an aircrait not under U.S. registry, insert in the "Identification No." block the nationality and registration marks supplied by the country of registry or intended registry and which are displayed on the aircraft. For U.S.-registered aircraft, insert the identification marks as assigned under FAR Part 47. Any questions concerning the marking requirements of the importing country should be resolved between the exporter/ importer and the civil air authority of that country.
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(ii) Under "FAA Spec. No." insert the pertinent specification number or the type certificate data sheet number, whichever is applicable.
(iii) For new and used aircraft, insert the operating hours since the annual type inspection required by FAR 21.329, and the total time in service. Since used engines and propellers must have been newly overhauled under FAR 21.329(e), the operating time since overhaul would reflect only run-in time as required to complete the overhaul process.
(iv) For aircraft, the engine blocks and propeller blocks should be completed to reflect the required information as applicable.
Item 6. Applicable to new aircraft, to used aircraft being certificated for the first time, and to the operational flight check of used aircraft following major repairs, modifications, or alterations, as required by FAR 91.167.
(5) Items 7 and 8. These items are self-explanatory; however, if the "no" box is checked, explain the deviations in Item 10 and attach the original or true copy of covering statements that the product will be acceptable with the deviations listed, as obtained from the civil air authority of the importing country.
(6) Item 9. This item provides a means of documenting the status of preservation and damage treatment as required by the regulation. It is recommended that all products be appropriately treated for corrosion and damage prevention.
(7) Item 10 Remarks. This space should be used to convey the information required under Items 7 and 8. This space may also be used by the exporter to convey any other information he feels is pertinent to facilitate issuance of the export airworthiness approval. Additional sheets may be attached as necessary and appropriately cross-referenced. In addition, list the documentation required by the regulation to be submitted with the application. After review by the FAA representative, those documents which are required to be furnished to the importing country under FAR 21.335 will be returned to the applicant.
(8) Item ll - Exporter's Certification. This certification is to be dated and signed in ink by the exporter. The name of the person signing the application is to be typed or printed on the form. If the person signing the application is the exporter's representative, insert the
b. PART II (For Class II products)
(1) Items 12 through 15 are self-explanatory.
4 Par 4
Item 16 - Parts are Eligible For Installation on: Insert the make and model of the aircraft, engine, or propeller on which the Class II products (parts) are eligible for installation, and the FAA specifications or type certificate data sheets applicable to such aircraft, engine, or propeller.
(3) Item 17. Self-explanatory.
(4) Item 18. This item provides for the description and listing of the Class II products (parts) being exported. If the quantity and variety of parts are too voluminous to list in the space provided, check the first block and, on the line provided, specifically identify (and attach) a copy of the exporter's shipping document covering the parts concerned.
Otherwise, check the second block and list the parts in the space provided.
In either case, if more than one type of Class Il product is involved, they are to be listed according to the Class I product to which they pertain.
Also list serial numbers or equivalent means of identifying each physical product.
(5) Item 19 - Exporter's Certification. This certification is to be dated and signed in ink by the exporter. The name of the person signing the application is to be typed or printed on the form. If the person signing the application is the exporter's representative, insert the representative's title in the space provided.
5. FAR 21.329 ISSUE OF EXPORT CERTIFICATES OF AIRWORTHINESS, FAA FORM 8130-4, FOR CLASS I PRODUCTS. Under the provisions of this Section, an aircraft of U.S. manufacture need not already possess a standard or restricted airworthiness certificate, but it is required to meet the requirements for such a certiticate, as appiicabie. on the other hand, n aircraft of foreim manufacture is required to possess a valid U.S.
standard airworthiness certificate issued under the provisions of FAR
21.183(c).
6. PAR 21.331 ISSUE OF AIRNORIHINESS APPROVAL HAGS, PAA PORT 8130-3, POR CLASS Il PRODUCTS. Among other things, Class II products are required to be identified by means of serial numbers or equivalent. This requirement is to provide for positive identification of each product covered by the export airworthiness approval similar to that provided for Class I products. This should be of benefit both to the exporter and the FAA since otherwise when complaints are received from foreign countries, there would often be no way to determine whether the parts in question are actually those covered by an export airworthiness approval or if they have ever been issued such an approval.
7. FAR 21.335 RESPONSIBILITIES OF EXPORTERS.
Regarding paragraph (e) of FAR 21.335, when title to a U.S.-registered and certificated aircraft passes to the foreign buyer, the certificate cancellation request, the certification regarding removal of the U.S.
markings, and the registration and airworthiness certificates being returned Par 4 5
for cancellation should be transmitted to the following address by the exporter:
Department of Transportation Federal Aviation Administration Airman & Aircraft Registry, AAC-250 Aircraft Records Building, P.O. Box 25082 oklahoma City, oklahoma 73125
b. The act of showing that products meet the pertinent requirements, as required by Sections 21.329, 21.331, and 21.333 carries with it the responsibility for making the products available to the FAA representative for whatever inspection he considers necessary and appropriate in each case.
Normally, his inspection will consist of a review of the application (when applicable), a review of all related documents, and an inspection of the finished product or products to determine their eligibility, proper identification and configuration, condition for safe operation, and compliance with special requirements (if any) of the importing country.
A product not meeting the requirements of FAR 21.329, 21.331, and 21.333 may be exported, it the importing's country civil air authority indicates its acceptance in writing. The requirements that are not met should be listed or referenced on FAA Form 8130-4 in the exceptions block, and referenced on FAA Form 8130-3, as applicable.
8. FAR 21.339 SPECIAL EXPORT AIRWORTHINESS APPROVAL FOR AIRCRAFT. In the case of aircraft exported under the provisions of FAR 21.339, when title to the aircraft has passed to a foreign purchaser, the exporter should comply with FAR 21.335(e) (reference paragraph 7a of this AC).
9. RESPONSIBILITY FOR ISSUANCE AND REVISION.
a. The issuance, revision, or cancellation of material in this AC is the responsibility of the FAA Aircraft Manufacturing Division, AWS-200. All changes will be accomplished as required to carry out the responsibility of the agency Interested personnel are invited to submit recommendations for revisions or new material, as applicable, to keep this document updated.
b. Material for inclusion should be forwarded to FAA Aircraft Manufacturing Division, AWS-200.
Information submitted should clearly identify the substance of the material. Air authorities of foreign countries should submit new material or revisions to special requirements in the wording and format in English Par 7
10. DETERMINATION OF "NEW" AND "USED" PRODUCTS
a. The regulations do not define "new" or "used" products. There are requirements, however, that are pertinent to each, both in the regulations and in the special requirements of some foreign countries. There appears to be no problem in making this determination with uninstalled engines or propellers being exported since any "time in service," when previously part of an aircraft, is considered to make them "used" products.
An aircraft, however, may be considered as "new" so long as its ownership is retained by the manufacturer, distributor, or dealer and there is no intervening private owner, lease or time sharing arrangements, and the aircraft has not been used in any pilot school and/or air taxi operation or demonstration. An aircraft is still considered "new" regardless of the amount of operating time logged by the manufacturer, distributor, or dealer
(1) The aircraft has been maintained in accordance with the maintenance provisions of FAR 43 as applicable; and
(2) The application for the export certificate of airworthiness reflects the serial number of the aircraft and the total number of operating hours accumulated. The engine(s) and propeller(s) should also be identified by serial numbers followed by the total number of operating hours of each and the total elapsed time since last 100 hour/annual inspection if such inspection has been accomplished; and
(3) The U.S. Export Certificate of Airworthiness reflects the information required by para 10.b. (2).
c. It for any reason the above information resuits in a controversy or is contrary to existing foreign government special requirements, the exporter should be advised that the issue is to be settled between the exporter, importer, and the civil air authority of the importing country.
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Appendix 1 APPENDIX - 1 SAMPLE FORMS DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION UHITED STATES OF AHERICA Budget Burnou. No. 04.20039 Budget EXPORT CERTIFICATE NO.
Application for Export Certificate of Airworthiness E30016 (ASTRUCTIONS. -This application is ru be submitred to an authorized FAA representative (one copy) when the product(a) to be exported is (are) presented for inspection. lise Pare I for Class I producta and Part Il for Class II. For complete aircraft execute itema 1 through Il as applicable. For engines and propellers, omit itens SA and 6. Part II] is for FAA use only.
PARTI
1. APPLICATION IS MADE FOR AN EXPORT CERTIFICATE OF AIRKORTHINESS TO COVER THE PRODUCTISIDESCRIBEDBELOW, WHICH IS (ARE): I NEW • UseD (Aircraft) • NEWLY OVERMAULED
2. HAHE AND ADDRESS OF EXPORTER 3. HAME AND ADDRESS OF FOREION PURCHASER 4. COUNTRY OF DESTIATION ABC Airplane Corporation Tokyo News Service Cleveland, Ohio Tokyo, Japan Japan
3. DESCRIPTION OF PRODUCTS) TYPE MAKE AND MODEL CATION NO IDENTIFI SERIAL NUMBERS SPEC. HO OPERATING TIME (Heura) TOTAL = AIRCRAFT Model C-5 ABC Airplane Corp. JA-VOX 2468 6417 51 AIRECO 18976 E-88 & ENGINES Model 10-470-2 18978 Senhart Hub Nos. P-99
c. PROPELLERS Hub model: SC-82XK-Z 21375 Blade model: X8498C-2 21412
6. THE AIRCRAFT WAS GIVEN A SATISFACTORY FLIGHT TEST ON ADILL 28, 1976
7. DEFERMA PREDUCE CENTEY WITH ALL APPLICABLE FEDERAL AVIATION REGULATIONS, ORTHINESS DIRECTIVES, AND 5] 4о (Explain in "Ramarks"")
HAVE APPLICABLE SPECIAL REQUINEMENTS OF THE IMPORTING COUNTRY BEEN COMPLIED WITHI
- NO (Explain in ""Remarke") *. NIPPLOTER PREVENTATIVE TREATHENT BEEN APPLIED TO PRODUCTS SUSCEPTIOLE TO RAPID CORROSION WHEN BEING TO. REMARKS The aircraft described above complies with all applicable FAA requirements' flight. that a temporaty auxiliary fuel system has been installed for the delivery • res •No Not applicable to Fly-away delivery Documents required by FAR 21.327, as applicable, are provided herewith.
1. EXPORTER'S CERTIFICATIOH condition for safe operation except as may be noted under item 10 "Remarks,' The uadersigned certifies thas the above statements are true and that the product(a) deactibed herein in (are) airworthy and in 'above.
April 29, 1976 Jitn D. Dee John D. Doe Sales Manager (Dote) (Signature of Applicant or Authorised Representative) (Tinie) FAA Form 8130-1 16-49) Figure 1 Completed Application for Export Certificate of Airworthineas, FAA Form 8130-1, For Use with Class I Products 1
Appendix 1
PART II
12. APPLICATION 15 MADE FOR APPROVAL OF AERONAUTICAL PARTS FOR EXPORT AS INDICATED BELOW:
13. NAME AND ADDRESS OF EXPORTER 14. NAME AND ADDRESS OF FOREIGN PURCHASER 15. COUNTRY OF DESTINATION ABC Airplane Corp. Aviation Supplies Ltd.
Cleveland, Ohio London, England England
6. PARTS ARE ELIGIBLE FOR INSTALLATION ON ABC ALIDLADe Model C- 6A17 Hake and Model Class I Product. (FAA Spec. No.)
17. THE PARTS ARE (check ong); • NEW • NEWLY OVERHAULED
18. THE PARTS ARE DESCRIBED (check one):
• By Name, Part Numbe ached Invoice or Packing Sheer No.
Vi Below by Nome Name Part Number Quantity Aileron P/N A-456-4 S/NO 113 & 112 Elevator Assy, P/N A-789-2A S/No 285 & 290
19. EXPORTER'S CERTIFICATION I certity that the lotegoing state ate true and that the patts deactibed herein orthy and conform to FAA approved design data.
March 22, 1976 (Dote) Signature o ooh of Applice or Authorised Represemaive) Sales Manager (Title) PART I|-APPROVAL (FOR FAA USE ONLY)
20. IT IS CONSIDERED THAT THE PRODUCT (S) DESCRIBED IN - IS (ARE) AIRWORTHY AND CONFORMIS) (Port I or Il) TO PERTINENT REDUIREMENTS EXCEPT AS NOTED IN ITEM 10.
(Signature) (Number) (Dote) Check One: • DHIR • DELEGATION OPTION AFR. • FAA INSPECTOR
21. _ APPROVAL TAGS, FORMS FAA 8130-3, WERE ISSUED FOR THE PARTS DESCRIBEO IN PART 11.
(Quantity!
22. EXPORT FILE SPOT-CHECKED BY:
(FAA Supervising Inspector) (D. O. No.) (Dats) Figure 2 Completed Application for Export Certificate of Airworthiness, FAA Form 8130-1 (Reverse Side) for Use with Class II Products 2