AC 21-2F US Department DATE | 8/7/87 of Transportation Federal Aviation Administration
ADVISORY CIRCULAR
EXPORT AIRWORTHINESS APPROVAL, PROCEDURES U.S. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aircraft Manufacturing Division Washington, D.C.
AC 21-2F 8/7/87
EXPORT AIRWORTHINESS APPROVAL PROCEDURES U.S. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aircraft Manufacturing Division Washington, D.C.
For sale by the Superintendent of Documents, U.8. Gorernment Printing Ofce, Washington, D.C. 20102
CONTENTS Page
1. Purpose
2. Cancellation
3. 4. Format Principal Changes192535
General FAR Section 21.323, Eligibility.
FAR Section 21.325, Export Airworthiness Approvals FAR Section 21.327, Application ....
FAR Section 21.329, Issue of FAA Form 8130-4, 6
11. FAR Section 21.335, Responsibilities of Exporters
12. FAR Section 21.339, Special Export Airworthiness Approval
For Aircraft .....................*7
13. Responsibility For Issuance and Revision 7
14. Determination of "NEW" and "USED" Products 7
APPENDIXES Appendix 1. Sample Forms (4 pages) Figure 1 - Completed FAA Form 8130-1, Application for Export Certificate of Airworthiness - For Use with Class I Products 1 Figure 2 - Completed FAA Form 8130-1, Application for Export Certificate of Afrworthiness - (Reverse Side) For Use with Class II Products •••••• Figure 3 - Completed FAA Form 8130-4, Export Certificate of Airworthiness - Issued for Class I Products 3 Figure 4 - Completed FAA Form 8130-3, Afrworthiness Approval Tag - Issued for Class II
Products4
Appendix 2. Special Requirements of Foreign Countries
(174 pages)1
Appendix 3. FAA Aircraft Certification Offices Responsible For Civil Aviation Matters in Foreign Countries
(1 page)1
Appendix 4. Summary of Bilateral Airworthiness Agreements
(4 pages) ................1
Appendix 5. ICAO Member States (1 page) 1 ILI
Advisory U.S. Department of transportation Circular Federal Aviation Administration Subject: Date: 8/7/81 AC No: AC 21-2F EXPORT AIRWORTHINESS APPROVAL PROCEDURES Initiated by: AWS-200 Change:
PURPOSE. This advisory circular contains special requirements that have been submitted to the Federal Aviation Administration (FAA) by foreign governments.
2. CANCELLATION. AC 21-2E, Export Airworthiness Approval Procedures, dated May 18, 1981, is canceled.
3. PRINCIPAL CHANGES.
a. New special requirements have been added for Brunei, the Republic of Guatemala, and the Republic of Honduras.
b. Revised special requirements have been added for the Federative Republic of Brazil, State of Israel, Malaysia, the Republic of the Philippines, the Republic of Portugal, and the Kingdom of Saudi Arabia.
c. An additional aircraft model has been added to the list for export to the Kingdom of the Netherlands.
d. All references to the term "Foreign Civil Air Authority (FCAA)" have been changed to read "Exporting Civil Airworthiness Authority (ECAA)."
e. All references to regional offices have been changed to reference aircraft certification offices.
f. All references to FAR Part 37, Subpart A, have been changed to reference FAR Part 21, Subpart O.
g: Additional technical conditions contained in paragraph 5c(2) have been revised to reflect the conditions imposed by an importing state for acceptance of aeronautical product deviations.
h. Appendix L, Sample Forms, has been updated to reflect the latest iasue forms.
i. FAA Aircraft Certification Office addresses (appendix 3) have been changed to reflect updated listings.
j. Appendix 4, Summary of Bilateral Airworthiness Agreements, has been revised to add U.S./Indonesia and U.S./Singapore Bilateral Airworthiness Agreements (BAA).
listings. k. Appendix 5, ICAO Member States, has been revised to reflect updated
4. FORMAT. Inconsistencies, incorrect format, and nonconformance with Government Printing Office Style Manual and FAA directives are contained in appendix 2. It contains direct reprints of special requirements from foreign countries.
S. GENERAL.
8. This advisory circular provides general information and guidance concerning iasuance 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 6 through 12 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 Federal Aviation Administration (FAA) district office or FAA aircraft certification office. Foreign importers of U.S. aeronautical products and U.S. citizens located in foreign countries may contact the appropriate FAA aircraft certification 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.)
(1) 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. 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
(2) Additional requirements are those additional requirementa 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. When these requirements cannot or will not be satisfied, the exporter must obtain a written statement from the Exporting Civil Airworthiness Authorities (ECAA) of the importing country indicating they will accept the deviation. An exporter may obtain information on additional requirements from the ECAA of the importing country.
2 Par 3
(3) Special conditions are airworthiness standards issued to cover novel and unusual design features which are not adequately covered by a country's applicable laws, reguiations, and requirements. These special conditions shoulc e included in type certificate data sheets. Special conditions for U.S. type certification are issued in accordance with FAR Section 21.16. An exporter may obtain information on special conditions from the ECAA of the importing country.
The "special requirements of the importing country" referred to in FAR Part 21, Subpart L, include those special requirements, additional requirements, and special conditions specified by the ECAA of 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 TO _Export Certificate of Airworthiness, certifies OPERATE AN AIRCRAFT. Information and guidance concerning appropriate airworthiness certificates and/or flight permits are contained in AC 20-65, U.S.
Airworthiness Certificates and Authorizations for Operation of Domestic and Foreign Aircraft.
FAR SECTION 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; nowever, other persons, such as individual aircraft owners or operators, re also eligible provided all pertinent requirements are met. It shouid be notec chat, 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.
FAR SECTION 21.325, EXPORT AIRWORTHINESS APPROVALS.
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 l.
Par 5 3
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.
Export Certificate of Airworthiness, are shown in appendix L. Part i of the APPLICATION. Samples of FAA Form 8130-1, Application for 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. In these cases, oral application or request should be made to the appropriate FAA representative specified in FAR Section 21.327. Subparagraphs 8a and b 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.
follows: (3). Item 5 - Description of products) - Self-explanatory, except as
(a) For an aircraft 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.
(b) Under "FAA Spec. No.," insert the pertinent specification number or the type certificate data sheet number, whichever is applicable.
(c) For new and used aircraft, insert the operating hours since the annual type inspection required by FAR Section 21.329, and the total time in overhauled under FAR Section 21.329(e), the operating time since overhaul would reflect only run-in time as required to complete the overhaul process. Since used aircraft engines and propellers must have been newly
(d) For aircraft, the engine blocks and propeller blocks should be completed to reflect the required information, as applicable.
(4) Items 6 and 7. 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 country. deviations listed, as obtained from the civil air authority of the importing 4 Par 7
Appendix 4
(6) Components for use on civil aircraft.
4. These bilaterals contain a third-party country provision which provides for import/export certification of products/parts thereof by the Civil Air Authorities of a country other than the country of manufacture.
In these instances, the exporting country must certify that the products/ parts thereof conform to the design covered by the certificate or approval of the importing country (which would be other than country of manufacture) and that the products/parts thereof are in proper state of airworthiness.
5. To be separately determined to be included in the agreement by mutual consent of the competent authorities of the United States and Finland.
(None have been determined to be included as of September 2, 1980).
6. U.S./Polish Bilateral Agreement is limited as follows:
a. Products which may be exported from Poland to U.S. (or U.S.
possession):
(1) Civil gliders and replacement/modification parts therefor designed and produced in Poland.
(2) Piston engines of 1,000 h.p. or less with associated propellers and accessories and replacement/modification parts therefor produced in Poland.
(3) Small fixed-wing aircraft of 12,500 lbs. or less and replacement/ modification parts therefor.*
(4) Helicopters with associated accessories and replacement/ modification parts therefor.*
(5) Turbine engines and replacement/modification parts therefor.*
(6) Components and appliances for U.S. manufactured products of the types specified in subparagraphs (1), (2), (3), (4), and (5) above.
*Note: Refer to U.S./Poland Bilateral Airworthiness Agreement for applicable design constraints.
Appendix 4
b. Products which may be exported from U.S. to Poland:
(l) U.S. designed and produced aircrait, engines, propellers, components and appliances and replacement/modification parts therefor; and
(2) U.S. produced components and appliances for Polish manufactured products and replacement and spare parts therefor.
The U.S./Australian Bilateral contains a two-party country provision which provides for reciprocal certification whereby Australia can issue an export certificate for a U.S. manufactured product located in that country which is to be exported to the U.S. Conversely, the U.S. can issue an export certificate for an Australian-manufactured product which is located in the U.S. and which is to be exported to Australia. Such certifications will state that the product conforms to the importing countries type design and is in a proper state of airworthiness.
8. The U.S./Canadian Bilateral (as amended February 18, 1971) does not contain the standard components provision (Ref. Note 2). It does, however, contain a provision which provides for the reciprocal acceptance of materials include subassemblies.
ownership of the stated Class I product is expected to pass to the foreign (5) Item 8. This item provides a means of establishing a date the purchaser.
(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 6 and 7. This space may also be used by the exporter to convey any other information 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 Section 21.335 will be returned to the applicant.
(8) Item 11 - 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.
b. Part Il (For Class II Products).
(1) Items 12 through 14 are self-explanatory.
(2) Item 15 - Parts are eligible for installation on. Insert the make and model of the aircraft, aircraft engine, or propeller on which the class Il products (parts) are eligible for installation, and the FAA specifications or type propeller.
(3) Item 16 - Self-explanatory.
(4) Item 17 - This item provides for the description and listing of the Class II products (parts) being exported. If the quantity and variety of the parthe rene provided, spectical the pay (and attach) a copy fithe exportands 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 f Class Il product is involved, they are to be listed according to the class l product to which they pertain. Also, list serial numbers or equivalent means oi identifying each physical product.
Item 18 - This item is self-explanatory; however, if the "No" box is checked, explain the noncompliance in Item 10 and attach the written confirmation of deviation acceptance from the Exporting Civil Airworthiness Authority (ECAA) of the importing country.
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AC 21-2F 8/7/87
(6) Item 19 - This item provides a means of documenting the status of prevention. preservation and damage treatment as required by the regulation. recommended that all products be appropriately treated for corrosion and damage It is
(7) Item 20 - 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.
aircraft of 0.S. manufacture need not already possess a standard or restricted FAR SECTION 21.329 "FOR CLASS I PRODUCTS. Under the provisions of this section, an ISSUE OF FAA FORM 8130-4, EXPORT CERTIFICATES OF airworthiness certificate, but it is required to meet the requirements for such a certificate, as applicable. is required to possess a valid U.S. standard airworthiness certificate issued On the other hand, an aircraft of foreign manutacture under the provisions of FAR Section 21.183(c).
FOR CLASS II PRODUCTS. 10. FAR SECTION 21.331, ISSUE OF FAA FORM 8130-3, AIRWORTHINESS APPROVAL TAGS, Among other things, Class Il 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 toreign countries, there would often be no way to determine whether the parts in question are actually those covered by an export airworthiness
11. FAR SECTION 21.335, RESPONSIBILITIES OF EXPORTERS.
U.S.-registered and certificated aircraft passes to the foreign buyer, the a. Regarding paragraph (e) of FAR Section 21.335, when title to a certificate cancellation request, the certification regarding removal of the U.S.
markings, and the registration and airworthiness certificate being returned for cancellation should be transmitted to the following address by the exporter:
Department of Transportation Federal Aviation Administration Aircraft Registration Branch, AAC-250 P.0. Box 25082 Oklahoma City, OK 73125 required by FAR Sections 21.329, 21.331, and 21.333 carries with it the b. The act of showing that products meet the pertinent requirements, as responsibility for making the products available to the FAA representative for whatever inspection is considered necessary and appropriate in each case.
vormally, the inspection will consist of a review of the application (wher applicable), a review of all related documents, and an inspection of the finishec product or products to determine their eligibility, proper identification and configuration, condition for safe operation, and compliance with special equirements (ff any) of the importing country. A product not meeting the 6 Par 8
AC 21-2F 8/7/87 requirements of FAR Sections 21.329, 21.331, and 21.333 may be exported, if the importing country's civil air authority indicates its acceptance in writing.
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.
12. FAR SECTION 21.339, SPECIAL EXPORT AIRWORTHINESS APPROVAL FOR AIRCRAFT. In the case of aircraft exported under the provisions of FAR Section 21.339, when title to the aircraft has passed to a foreign purchaser, the exporter should comply with FAR Section 21.335(e) (reference paragraph 1la of this advisorv circular).
13. RESPONSIBILITY FOR ISSUANCE AND REVISION.
a. Ihe issuance, revision, or cancellation of material in this advisory circular Ts 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 persons 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:
Federal Aviation Administration National Headquarters Aircraft Manufacturing Division, AWS-200 800 Independence Avenue, SW.
Washington, D.C. 20591 Information submitted should clearly identify the substance of the material. revisions to special requirements in the wording and format in English to meet the Air authoritles of foreign countries should submit new material or intent of their requirements.
14. DETERMINATION OF "NEW" AND "USED" PRODUCTS.
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 aircraft engines or propellers being exported since any "time in service," when previously part of an aircraft, is considered to make them "used" products.
b. 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. An aircraft is still considered "new" regardless of the amount of operating time logged by the manufacturer, distributor, or dealer when:
(1) The aircraft has been maintained in accordance with the maintenance provisions of FAR Part 43 as applicable; and Par 11