Document
Advisory
Circular
Subject: Complying with the Requirements Date: 01/29/2010 AC No: 21 - 2L of Importing Countries or Jurisdictions Initiated by: AIR - 040 When Export ing U.S. Products, Articles, or Parts 1. P urpose . This advisory circular (AC) provides information about Title 14, Code of Federal Regulations (14 CFR) part 21, subpart L. It describes how to comply with the requirements o f importing countries or jurisdictions when export ing U.S. products, articles, or parts . This AC does not include the requirements submitted to the Federal Aviation Administration (FAA) by other countries or jurisdictions, but it incorporates the requirements by reference to the FAA’s internet website. This AC is not mandatory and does not constitute a regul ation. This AC describes an acceptable means, but not the only means, to comply with these requirements.
However, if you use the means described in this AC, you must follow it in all important respects.
2 . A udience . This AC affects persons and organiza tions who wish to export a product, article, or part under the provisions of 14 CFR p art 21 , s ubpart L.
3. E ffective D ate . This AC is effective on April 14, 2010 .
4. E xplanation of C hanges. This revision — a. Changes t he title and subject of th is AC f rom “Export Airworthiness Approval Procedures” to “ Complying with the Requirements of Importing Countries or Jurisdictions When Export ing U.S. Product s , Articles, or Parts .” b. Deletes a ll general procedures related to the issuance of export airworthines s approvals .
c. Revises the AC only to provide information and guidance regarding the requirements of importing countries or jurisdictions .
d. Reformats the AC to us e plain language.
e . Deletes Appendix 1, Sample Forms , from this AC; however, these f orms and the instruction s for completing them can be found in FAA Order 8130.2 , Airworthiness Certification of Aircraft .
f. Retains Appendix 2, Special Requirements of Importing Countries as titled , rather than changing the title to “Appendix 1” for sequential accuracy. The collection of Special 01 / 29 / 2010 AC 21 - 2L Requirements of Importing Countries that form the appendix have a long standing domestic and international application under th e current title and have been referenced so widely in do mest ic and international policy that they are known colloquially or commonly as “ AC 21 - 2, Appendix 2 . ” g. Relocates Appendix 2 , Special Requirements of Importing Countries , to an FAA website. Because the collection of document s that comprise Appendix 2 are generated and submitted by Importing Countries , they are independent of the FAA document review process.
These documents are effective as long as the y are posted.
h . Deletes Appendix 3, FAA Aircraft Certification Office and FAA Internationa l Flight Standards Field Office Contacts for Other Countries . T h e information can now be found on the FAA’s website at http://www.faa.gov/about/office_org/ .
i . Deletes Appendix 4, ICAO Member Stat es . The information can be found on the International Civil Aviation Organization’s (ICAO) website at http://www.icao.int/ .
5 . C ancellation . This AC cancels , as of its effective date, AC 21 - 2K, Export Airworthiness Approval Procedures, dated September 30, 2003.
6. R elated Publications .
a. Title 14 CFR p art 21 s ubpart L, Export Airworthiness Approvals .
b. FAA Internet Website: http://www.fa a.gov/aircraft/air_cert/international/ c . Additional information and guidance for obtaining and processing an FAA Form 8130 - 4, Export Certificate of Airworthiness i s c ontained in FAA Order 8130. 2 , Airworthiness Certification of Aircraft . Additional information and guidance for obtaining and processing an FAA Form 8130 - 3, Authorized Release Certificate f or export purpo ses is contained in FAA Order 8130.21, Procedures for Completion and Use of the Authorized Release Certificate, FAA Form 8130 - 3 , Airworthiness Approval Tag .
7. D iscussion .
a. Any person who is exporting a product, article , or part from the United Stat es under the provisions of 14 CFR part 21 , subpart L is required by the rule to meet the requirements of the respective importing countr y or jurisdiction .
b. Any person wishing to export a product, article, or part should confirm if the country or jurisd iction to which they are exporting has submitted any import requirements to the FAA. An exporter should also verify if the country or jurisdiction of import has concluded a bilateral agreement with the United States. E ach bilateral agreement should be re viewed for the specific importing requirements associated with a particular country or jurisdiction.
c. The requirements for a specific country or jurisdiction may be found in one or both of the following : 01 / 29 / 2010 AC 21 - 2L (1) A bilateral agreement between the United States and the importing country or jurisdiction , or (2) A document submitted to the FAA by the Civil Aviation Authority ( CAA ) of the importing country or jurisdiction that contains importing requirements . These documents are contained in Appendix 2 of this AC , however, Appendix 2, Special Requirements of Importing Countries, has been relocated to an FAA website .
d. T he FAA website ( http://www.faa.gov/aircraft/air_cert/interna tional/ ) contains a listing of the bilateral agreements as well as the Appendix 2 listing of requirements that have been submitted to the FAA by importing countries or jurisdictions .
e . Many importing countries or jurisdictions require their own domest ic design approval for an imported product or article. If a n importing country ’s or jurisdiction ’s domestic design approval is required, it should take place prior to export from the United States . D etails of any necessary design approval activities will be included in the import requirements and/or bilateral agreement . The FAA will assist an exporter as necessary during validation/certification activities carried out by the importing country’s or jurisdiction’s CAA .
f. Import requirements contain the documentation requirements that have to be satisfied as a condition of shipment at the time of export. For example, an importing country or jurisdiction may require a Form 8130 - 4 , copies of logbooks and maintenance records, a list of applicable A irworthi ness D irective s or S upplemental T ype C ertificates that have been incorporated into an aircraft, etc.
g . If an exporter needs additional information with regard to any requirement, the exporter should contact the purchaser/importer and request that the purchaser/importer discuss the requirement with the CAA in the importing country or jurisdiction . If further information or clarification is still needed, an exporter should then contact its local FAA office, which will contact the CAA of the importing co untry or jurisdic tion on behalf of the exporter. A listing of FAA offices can be found on the FAA’s website at http://www.faa.gov/about/office_org/ . Any questions a n FAA designee may have concerning i mport requirements , when assisting an exporter, should be directed to the designee ’ s a dvisor or supervising FAA district office.
h . It is the responsibility of the exporter, with the assistance of its local FAA office if needed, to determine whether an importing country ’s or jurisdiction’s requirements have been met prior to export. The exporter indicate s whether it has met specified import requirements on FAA Form 8130 - 1, Application for Export Certificate of Airworthiness .
i . When an exporter notifies its local FAA office that a product , article , or part does not meet a requirement of the importing authority or jurisdiction, the FAA has to o btain a written statement from the importing CAA stating its acceptance . The exporter prepares a r equest for acceptance of these products , articles , or parts to the CAA of the importing country or jurisdiction and transmit s the request to the CAA with an accompanying cover letter from the FAA . The FAA has to receive a written statement of acceptance from the CAA of the importing 01 / 29 / 2010 AC 21 - 2L country or jurisdiction prior to the issuance of the FAA’s export documentation . Some bilateral agreements contain the provisio n that the CAA letter of acceptance has to be provided with the FAA export documentation. See FAA Order 8130.2 for f urther detailed procedures for CAA acceptance .
j . A n FAA export airworthiness approval is not necessary f or product s , articles , or parts being exported to countries or jurisdictions for which there is no bilateral agreement or definitive import requirements that have been formally submitted to the FAA. However, the FAA will allow the issuance of an export airworthiness approval to respecti ve countries or jurisdictions for all eligible products, articles, and parts when they are found to conform to their FAA - approved design and are in a condition for safe operation. A business or contractual agreement between the seller and the purchaser doe s not constitute or qualify as a n authority - to - authority request for an export airworthiness approval . Formal notification of import requirements have to come from the importing country ’s or jurisdiction’s CAA to the FAA.
8 . Where to find t his AC: You can find this AC at http://www.faa.gov/regulations_policies/advisory_circulars/ .
Sarbhpreet S a whney Acting Manager , International Division Aircraft Certification Service 01 / 29 / 2010 AC 21 - 2L Advisory Circular Feedback If you find an error in this AC , have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us kn ow by (1) emailing this form to 7 - AWA - AVS - AIR - 040@faa.gov or (2) faxing it to the attention of the International Policy Branch, AIR - 410 at ( 202 ) 267 - 1261 .
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