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This Subpart prescribes rules governing the issue of—
(1) an export airworthiness certificate for the export of a product:
(2) CAA Form One – authorised release certificates for the export of a part and an appliance.
If the applicant for an export airworthiness certificate provides a written statement by the State of the importer, in accordance with 21.333(b), the Director may issue the export airworthiness certificate with listed exceptions of—
(1) the requirements of this Subpart that have not been met; and
(2) any differences in configuration between the exported product and the relative type approved or type accepted product.
Any exporter or exporter’s authorised representative may apply for the issue of an export airworthiness certificate for a product.
(a) An applicant for the issue of an export airworthiness certificate must complete the approved CAA form, and submit it to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act and provide the Director with—
(1) evidence that—
(i) the product conforms to a type design acceptable to the State of the importer; and
(ii) any special certification condition of the State of the importer has been met; and
(iii) the State of the importer accepts any exception to be listed in the certificate; and
(iv) the product has been identified in accordance with Subpart Q; and
(v) the applicable airworthiness directives have been complied with; and
(2) any log book, modification and repair form, and historical record that the Director may require for other than a new product; and
(3) a description of any method used, including the duration of the effectiveness of the method, for the preservation and packaging of a product, to protect it against corrosion and damage while in transit or storage; and
(4) the date when ownership passed, or is expected to pass, to a purchaser in the State of the importer; and
(5) the date on which any document that is not available at the date of application is expected to become available; and
(6) supporting documentation for any variance to this Subpart; and
(7) further particulars relating to the product and the applicant, if required by the Director as indicated in the form.
(b) An applicant for the issue of an export airworthiness certificate for an aircraft must, in addition to paragraph (a), provide the Director with—
(1) evidence that—
(i) for a new aircraft, it has been manufactured under the authority of a manufacturing organisation certificate issued in accordance with Part 148; and
(ii) for other than a new aircraft, it possesses or qualifies for an airworthiness certificate under Subpart H; and
(iii) the aircraft is issued with the appropriate flight manual and, for a new aircraft, maintenance manual; and
(iv) a weight and balance report has been completed, with a loading schedule if applicable; and
(v) the aircraft has, within 60 days before the application for the export airworthiness certificate, undergone a 100- hour, or equivalent, inspection in accordance with a manufacturer’s maintenance schedule, or an equivalent inspection acceptable to the Director; and
(vi) any installations incorporated for the purpose of export delivery comply with the applicable airworthiness requirements or have been approved by the issue of a special category – special flight permit airworthiness certificate under Subpart H; and
(2) confirmation that any installation described in paragraph (b)(1)(vi) is to be removed and the aircraft restored to the approved type configuration upon completion of the delivery flight.
(c) The applicant must make the product that is the subject of the export airworthiness certificate and associated data available for inspection if required by the Director.
(a) The Director may issue an export airworthiness certificate for a product and an applicant is entitled to an export airworthiness certificate if the Director is satisfied that—
(1) the applicant meets the applicable requirements of this Subpart; and
(2) the issue of the certificate is not contrary to the interests of aviation safety; and
(3) any airworthiness requirement that is not complied with is compensated for by a factor that provides an acceptable level of safety.
(b) Notwithstanding paragraph (a)(1), the Director may issue an export airworthiness certificate for a product that does not meet every airworthiness requirement of rule 21.331 if the applicant provides written evidence that the non-compliance with any particular requirement is acceptable to the State of the importer.
(c) An export airworthiness certificate issued by the Director under this Subpart—
(1) may be subject to conditions as the Director considers appropriate in each particular case; and
(2) does not authorise the installation or use of a product.
(a) An export airworthiness certificate issued under this Subpart will remain valid, providing there is no subsequent design change to the product, until the completion of delivery to the importer’s State.
(b) The holder of an export airworthiness certificate invalidated because of a design change must surrender the certificate to the Director as soon as practicable.
An export airworthiness certificate is transferred with the product.
(a) The CAA Form One – authorised release certificate must only be used for the export of a part or appliance if—
(1) the part or appliance—
(i) is new, has been newly overhauled, or was last installed in an aircraft which possesses a valid standard or restricted category airworthiness certificate and the part or appliance is fit for release to service; and
(ii) conforms to approved design data; and
(iii) is in a condition for safe operation; and
(iv) meets any special conditions for import required by the State of the importer; and
(2) the CAA Form One – authorised release certificate has been issued in accordance with the procedures of—
(i) an aircraft maintenance organisation certificated in accordance with Part 145; or
(ii) an aircraft manufacturing organisation certificated in accordance with Part 148.
(b) A part or appliance does not need to meet every requirement under paragraph (a) if the State of the importer indicates in writing that the part or appliance is acceptable to the State.
(a) When title to an aircraft passes or has passed to a foreign purchaser, the exporter who was granted an export airworthiness certificate must—
(1) where applicable, request the cancellation of the New Zealand registration and airworthiness certificates, giving the date of transfer of title and the name and address of the foreign owner; and
(2) return the registration and airworthiness certificates to the Director; and
(3) submit a statement certifying that the New Zealand nationality and registration marks have been removed from the aircraft.
(b) Unless otherwise agreed with the State of the importer, the exporter who was granted an export airworthiness certificate must—
(1) forward to the appropriate authority of the State of the importer—
(i) all documents and information necessary for the proper operation of the product and any other material as is stipulated in the special requirements of the State of the importer; and
(ii) the applicable manufacturer's assembly instructions for un-assembled aircraft and an approved flight test check list; and
(2) preserve and package products to protect them against corrosion and damage whilst in transit or storage; and
(3) upon completion of an export delivery of an aircraft, remove, or have removed, any temporary installation incorporated for the purpose of delivery and restore the aircraft to the approved type configuration.
