Advisory U.S. Department of Transportation Federal Aviation Circular Administration Subject: EXPORT AIRWORTHINESS Date: AC No. 21-2H APPROVAL PROCEDURES Initiated by: AIR-200 Change ________________________________ ______________ 1. PURPOSE. This advisory circular (AC) contains guidance and information on procedures for exporting aeronautical products and related special requirements submitted to the Federal Aviation Administration (FAA) by other governments. 2. CANCELLATION. AC 21-2G, Export Airworthiness Approval Procedures, dated July 9, 1992, is hereby canceled. 3. PRINCIPAL CHANGES. a. A significant portion of the text of this AC has been revised to include current guidance. b. Appendix 1, Figure 4. Completed FAA Form 8130-3 is deleted. c. Appendix 2, Special Requirements of Importing Countries, has been updated as follows: (1) Special requirements have been added for The Bahamas, Barbados, China, Malawi, and Russian Federation (formerly Soviet Union). (2) Special requirements have been revised for Argentina, Bangladesh, Brazil, Germany, Ireland, Malaysia, Norway, Pakistan, Portugal, Saudi Arabia, South Africa, Spain, Sweden, and Taiwan. d. Appendix 3, FAA Aircraft Certification Offices responsible for civil aviation matters in other countries, has been revised to reflect updated addresses. Addresses for International Flight Standards Field Offices have been added. e. Appendix 4, International Civil Aviation Office (ICAO) Member States, has been revised to reflect updated listings. 4. FORMAT. The special requirements contained in appendix 2 are provided in their original format as submitted by each country. Therefore, incorrect format and nonconformance with the FAA FORM 1320-15 (4-82) Supersedes WA Form 1320-2 AC 21-2H 05/20/96 United States (U.S.) Government Printing Office Style Manual and FAA Directives may be noticed. For any assistance with interpretations, contact: FAA, Production and Airworthiness Certification Division (AIR-200), 800 Independence Avenue, SW., Washington, D.C. 20591. 5. GENERAL. a. This AC provides general information and guidance concerning issuance of export airworthiness approvals primarily for Class I products. Additionally, this AC provides guidance for completion of applications for export airworthiness certification for Class II and Class III products. This AC sets forth an acceptable means, but not the sole means, for compliance with applicable Federal Aviation Regulations (FAR). FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Products, and 14 CFR part 21 (part 21), Subpart L, of the FAR provide additional explanation and guidance. FAA Order 8130.21, Procedures For Completion and Use of FAA Form 8130-3, Airworthiness Approval Tag, provides specific guidance for exportation of Class II and Class III products. Paragraphs 6 through 12 of this AC correspond with the FAR section under discussion. b. Persons desiring additional information or advice on obtaining an export airworthiness approval may contact the nearest FAA Flight Standards District Office, International Flight Standards Field Office, Aircraft Certification Office, or Manufacturing Inspection District/Satellite Office. Persons in other countries who wish to import aeronautical products from the U.S. or U.S. citizens located in other countries may contact the appropriate FAA Aircraft Certification Office or FAA International Flight Standards Field Office listed in appendix 3. c. The special requirements of the importing country referred to in FAR part 21, Subpart L, include special conditions and/or additional requirements specified by the Civil Aviation Authorities (CAA) of the importing country. When conditions or additional requirements are imposed by importing countries, the FAA must certify the exporter's compliance except as noted below: (1) Special requirements are administrative requirements which must be satisfied as a condition of shipment at the time of export. For example, they may involve 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 CAA of the importing country, indicating the CAA will accept the deviation. This statement must accompany FAA form 8130-1, Application for U.S. Export Certificate of Airworthiness. (2) Additional requirements are those found necessary by the importing country, in addition to the exporting country's certification or approval basis, to provide a level of safety and environmental quality equivalent to the importing country's certification basis. When these requirements cannot or will not be satisfied, the exporter must obtain a written statement from the CAA of the importing country indicating acceptance of the deviation. This statement must accompy the FAA Form 8130-1. Exporters are encouraged to obtain information on additional requirements from the importing country's CAA. Additional requirements by the importing country Page 2 Par 13 05/20/96 AC 21-2H should be documented on FAA Form 8130-1, block 10 when the consitute a difference to the type design. (3) Special conditions are airworthiness standards issued to cover novel and unusual design features that are not adequately covered by a country's applicable laws, regulations, or requirements. These special conditions should be included in the Type Certificate Data Sheets (TCDS) or Supplemental Type Certificates (STC) as applicable. Special conditions for U.S. type certifications are issued in accordance with FAR § 21.16. Exporters are encourage to obtain information on special conditions from the importing country's CAA. NOTE: Appendix 2 refers to various importing country's internal technical documents. These documents are not normally available in FAA offices. In such cases, it will be necessary for interested parties to obtain those documents directly from the importing country's embassy. d. FAA Form 8130-4, Export Certificate of Airworthiness, certifies compliance with applicable airworthiness requirements but DOES NOT CONSTITUTE AUTHORITY TO OPERATE AN AIRCRAFT. Information and guidance concerning appropriate airworthiness certificates, flight permits, and special flight authorizations are contained in AC 20-65, U.S. Airworthiness Certificates and Authorizations for Operation of Domestic and Foreign Aircraft. 6. FAR § 21.323, ELIGIBILITY. Individuals engaged in exporting civil aircraft and related products, including individual aircraft owners and their representatives, are eligible for an export airworthiness approval for a Class I or Class II product provided all pertinent requirements are met. A Class III product export airworthiness approval may only be issued by manufacturers (or their authorized suppliers) who have in their employ a designated representative of the Administrator authorized to issue that specific approval. The manufacturer must be a production approval holder (PAH) for that Class III product, that is, hold a Production Certificate (PC), an Approved Production Inspection System (APIS), Parts Manufacture Approval (PMA), or Technical Standard Order Authorization (TSOA). Class III products, including standard parts designated as AN, NAS, SAE, etc., not produced under an FAA production approval are therefore not eligible for an export airworthiness approval. NOTE: Export airworthiness approval for Class II or Class III products is issued in the form of Airworthiness Approval Tags, FAA Form 8130-3. Procedures for completion and use of FAA Form 8130-3 may be found in FAA Order 8130.21. 7. FAR § 21.325, EXPORT AIRWORTHINESS APPROVALS. a. This section covers products which may be approved for export and are defined in FAR § 21.325(b). A sample export airworthiness approval form, FAA Form 8130-4, is shown in appendix 1. b. The date of issuance for an export airworthiness approval is the date the product was inspected by the FAA or authorized designee and found to comply with the pertinent requirements. An export airworthiness approval means that AS OF THE DATE OF ISSUANCE the product covered was found airworthy by the FAA and in compliance with the applicable requirements. In Par 13 Page 3 AC 21-2H 05/20/96 order to preclude complaints from other countries and subsequent investigations by the FAA, it is recommended the exporter ensure the product meets its type design, is in a condition for safe operation, and meets the importing country's CAA requirements when delivered to the importer. 8. FAR § 21.327, APPLICATION. A separate application must be made for each aircraft, aircraft engine, and propeller; except that one application may be made for more than one engine or propeller, if all are of the same type and model and are exported to the same purchaser and country. One application may be submitted for more than one Class II product when the products are separated and identified as to the type and model of the related Class I product and are exported to the same purchaser and country. Class II products manufactured by a PC holder and Class III products produced by any PAH do not require a written application. In these cases, an oral application or request should be made to the FAA as specified in FAR § 21.327. A sample of FAA Form 8130-1, Application for Export Certificate of Airworthiness, is shown in appendix 1. Part I of the application should be completed for Class I products and Part II for Class II products. NOTE: A Class I product is defined as a complete aircraft, aircraft engine, or