FAQ Regarding The Use Of FAA Form 8130-3 For Export Airworthiness Approvals
What is an export?
For the purpose of issuance of an export airworthiness approval, an export is defined as the transfer of a product or article from the regulatory authority of one CAA to another.
It is important to understand that a product or article does not have to cross the border of a country for an export to occur. For example, shipment of a part from a U.S. supplier in the United States to a foreign approval holder in the United States would constitute an export even though the part did not leave the United States.
Similarly, it is also important to understand that crossing an international border does not necessary constitute a change in regulatory authority for a product or article. For example, shipment of a part from a U.S. supplier in another country to its U.S. Production Approval Holder (PAH) would not constitute an export.
Do I need an FAA Form 8130-3 to export a product or article?
14 CFR Part 21, Subpart L, Export Airworthiness Approvals, does not require an exporter to obtain an export airworthiness approval to export a product or article. Subpart L provides procedures for issuance of these approvals when required by an importing country or jurisdiction. An exporter must obtain an export airworthiness approval from the FAA when required by the importing country or jurisdiction. Currently, all countries and jurisdictions with which the United States has bilateral agreements concerning airworthiness require the use of FAA Form 8130-3 for exports of products and articles within the scope of those agreements.
Where do I find the special import requirements of other countries?
The requirements for a specific country or jurisdiction may be found in one or both of the following:
- A bilateral agreement between the United States and the importing country, or
- A document submitted to the FAA by the CAA of the importing country or jurisdiction that specifies importing requirements.
These documents are contained in FAA AC 21-2L Complying with the Requirements of Importing Countries or Jurisdictions When Exporting U.S. Products, Articles, or Parts, specifically Appendix 2, Special Requirements of Importing Countries.
NOTE: The bilateral agreement takes precedent over all other information.
What requires an exporter of an aircraft engine, propeller, or article from the United States to meet the requirements of the applicable importing country or jurisdiction?
Under bilateral agreements with other countries, the FAA agrees to state compliance on export airworthiness approvals with the import requirements of other countries.
Who is responsible for meeting the requirements of an importing country or jurisdiction?
Meeting an importing country or jurisdiction’s requirements is the responsibility of the exporter. The FAA has a supporting role, when applicable, in obtaining written acceptance of deviations to those requirements from the CAA of the importing country.
I am an exporter and the new product/article I want to export does not meet the requirements of the importing country or jurisdiction. What must I do to obtain an export airworthiness approval to export that product/article?
The exporter, through coordination with the FAA, must obtain a written statement from the CAA of the importing country or jurisdiction indicating acceptance of the specific nonconformity (or nonconformities, as applicable). The U.S. exporter will provide the FAA a technical description of the nonconformities to the type design or specific nonconformities related to other special importing requirements. The FAA will request a written statement from the CAA of the importing country or jurisdiction signifying its acceptance of the product or article with the nonconformities as listed. Refer to FAA Order 8130.2 for further detailed procedures for CAA acceptance. Email may be used to expedite this process as long as the FAA can confirm that authorized personnel within the importing CAA send the required statement.
If a used article does not meet the requirements of § 21.331(c)1, can the FAA issue an export airworthiness approval?
No. There are no provisions for exporting a used article that does not meet the requirements of § 21.331(c). Any used article is required to conform to its approved design and be in a condition for safe operation before export. A deviation cannot be obtained for a used article. In addition, some bilateral agreements do not include acceptance of used articles within the scope of acceptance of importing countries.
Is an FAA export airworthiness approval necessary for products, articles, or parts being exported to countries or jurisdictions for which there is no bilateral agreement with the United States, or to countries or jurisdictions that have not formally submitted any special import requirements to the FAA?
No. An export airworthiness approval is not required in this case. However, the FAA will allow the issuance of an export airworthiness approval for a product or article when it conforms to its FAA-approved design and is in a condition for safe operation. In this case, Block 12 should indicate, “Export airworthiness approval. No special requirements for [enter name of country or jurisdiction] stated at time of issuance.”.
A U.S. company would like to use a U.S. supplier for printers to be installed on Airbus aircraft. The U.S. company would ship the printers to Airbus for installation during original aircraft manufacture under a European production approval. Airbus would like the printers to be exported from the United States with FAA Form 8130-3. The U.S. company does not currently hold a FAA production approval for this printer. Can this be done?
No. Until the U.S. company holds an FAA production approval for the printer, the printers would not be eligible for an FAA Form 8130-3.44. When an FAA-certificated PAH also holds a part 145 repair station certificate, is an FAA Form 8130-3 required to move a new article transferred within the facility from one certificate to the other? The movement of an article from the PAH to the repair station is a considered a sale or transfer between two separate certificated entities. Therefore, a Certificate of Conformity (C of C), packing list, or shipping document may be issued as a method of transferring the article. The use of FAA Form 8130-3 for this purpose is optional, but the FAA recommends its use to ensure complete traceability and ease of movement of articles through the aviation system.
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