XX/XX/XXXX AC 21-44A 

 

Advisory

Circular

 

Subject: Issuance of Export Airworthiness

Approvals Under 14 CFR Part 21 Subpart L

Date: DATE OF FINAL 

RULE

Initiated by: AIR–113 

AC No: 21-44A

1. Purpose. This advisory circular (AC) provides information about Title 14, Code of Federal 

Regulations (14 CFR) part 21, Certification Procedures for Products, Articles, and Parts. The 

AC covers subpart L, Export Airworthiness Approvals. This AC is not mandatory and does not 

constitute a regulation. This AC describes an acceptable means, but not the only means, to 

comply with these requirements. However, if you use the means described in the AC, you must 

follow it in all important respects.

2. Audience. This AC affects persons and organizations who export a product or article under 

the provisions of 14 CFR, part 21, subpart L.

3. Changes. The purpose of this revision is to reflect the rule change made to 14 CFR § 21.137. 

This revision would supersede AC21-44, dated 10/16/2009. 

4. Effective Date. This AC is effective (INSERT EFFECTIVE DATE OF FINAL RULE) the 

day Changes to Production Certificates and Approvals; Final Rule is published in the

Federal Register under docket number FAA-2013-0933.

5. Related Publications.

a. 14 CFR Part 21, Certification Procedures for Products and Parts.

b. Order 8130.2, Airworthiness Certification of Aircraft and Related Products.

c. Order 8130.21, Procedures for Completion and Use of the Authorized Release 

Certificate (ARC), FAA Form 8130-3, Airworthiness Approval Tag.

d. AC 21-2, Requirements of Importing Countries or Jurisdictions.

6. Part 21, Subpart L Requirements. Part 21, subpart L contains procedural requirements for 

issuing export airworthiness approvals and the rules governing the holders of those approvals. 

This includes requirements that address the different types of export airworthiness approvals, the 
XX/XX/XXXX AC 21–44A

2

application process, the issuance of export airworthiness approvals, and the responsibilities of 

exporters.

7. Types of Export Airworthiness Approvals.

a. Export Airworthiness Approvals for Aircraft. FAA Form 8130-4, Export 

Certificate of Airworthiness (C of A), is used to issue an export airworthiness approval for an 

aircraft. The export C of A represents a certifying statement from the FAA that a given aircraft 

(1) conforms to its approved design or unless otherwise specified, and (2) is in a condition for 

safe operation at the time of examination and issuance of the certificate. When required by the 

importing country or jurisdiction, the export C of A also includes a supplemental statement 

attesting to the aircraft’s conformity to the importing country’s type design. An export C of A is 

not an authorization to operate the aircraft.

b. Export Airworthiness Approvals for Aircraft Engines, Propellers, and Articles

Issued by FAA or an Authorized Designee. FAA Form 8130-3, Authorized Release 

Certificate, is used for issuing an export airworthiness approval for an aircraft engine, propeller, 

or article. The Form 8130-3 is a certifying statement that a given aircraft engine, propeller, or 

article (1) conforms to its FAA design approval or unless otherwise specified, and (2) is in a 

condition for safe operation at the time of examination and issuance of the document.

c. Authorized Release Documents for Aircraft Engines, Propellers, and Articles 

Issued by a Production Approval Holder. A PAH with an approved quality system that 

includes the procedures specified in part 21, paragraph 21.137(o) may issue an authorized release 

document using FAA Form 8130-3 for a new aircraft engine, propeller, or article; and for a used 

aircraft engine, propeller, or article when rebuilt or altered in accordance with 14 CFR § 43.3(j). 

The authorized release document, Form 8130-3, is a certifying statement by the production 

approval holder that a given aircraft engine, propeller, or article (1) conforms to its approved 

design data or unless otherwise specified, and (2) is in condition for safe operation at the time of 

examination and release of the document. When an authorized release document is being used 

for the purpose of export, the production approval holder must comply with the rules applicable 

to the export of new and used aircraft engines, propellers, and articles specified in § 21.331 and 

the responsibilities of exporters specified in § 21.335.

d. For the purpose of this AC, FAA Form 8130-3, Authorized Released Certificate, is 

used in reference to an airworthiness approval, authorized release certificate (ARC), 

airworthiness approval tag, or authorized release document for aircraft engine, propeller, or 

article. 

NOTE: E-Cards are no longer required for aircraft engines and propellers.

8. Issuance of FAA Form 8130-4 and Form 8130-3 for Products or Articles Located in 

Another Country.
XX/XX/XXXX AC 21–44A

3

a. Form 8130-4 or Form 8130-3 may be issued for products or articles located in another 

country as long as the FAA finds no undue burden in administering the applicable requirements 

of Title 49 of the United States Code, Transportation, and 14 CFR part 21 subpart L.

b. If a PAH chooses to issue a Form 8130-3 for an aircraft engine, propeller, or article 

located in another country, an FAA undue burden assessment may not be necessary if the PAH 

has an FAA approved quality system that includes the procedures specified in § 21.137(o). 

9. Individuals Who May Apply for an Export Airworthiness Approval. Any person may 

apply for an export airworthiness approval. Each applicant will apply in a form and manner 

prescribed by the FAA, as described in paragraph 10 below.

10. How to Apply for an Export Airworthiness Approval from the FAA.

a. Aircraft. For an export C of A for an aircraft, submit FAA Form 8130-1, Application 

for Export Certificate of Airworthiness. For new aircraft, submit applications to the 

Manufacturing Inspection District Office (MIDO) with geographic responsibility. For used 

aircraft, submit applications to the Flight Standards District Office (FSDO) with geographic 

responsibility. 

b. Aircraft Engine, Propeller, and Article. A person or a PAH who does not have an 

approved quality system with the procedures specified in § 21.137(o), may apply orally to the 

FAA for an export airworthiness approval for a new or used aircraft engine, propeller, or article.

c. Detailed application procedures and procedures for obtaining CAA acceptance may 

be found in FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Products.

11. Issuance of an Export Airworthiness Approval 14 CFR § 21.329, Issue of export 

certificates of airworthiness, prescribes the requirements for the issuance of an export C of A for 

either new or used aircraft. 14 CFR § 21.331, Issue of airworthiness approvals for aircraft 

engines, propellers, and articles, contains the requirements for the issuance of a export 

airworthiness approval for aircraft engine, propeller, and article. This includes aircraft, aircraft 

engines, propellers, and articles located outside the United States, as long as the FAA finds no 

undue burden in administering the applicable regulations.

a. New or Used Aircraft Manufactured Under Part 21, Subpart F or Subpart G.

The FAA issues an export C of A for a new or used aircraft manufactured under part 21, subpart 

F, Production Under Type Certificate (TC), or subpart G, Production Certificates (PC), if the 

aircraft meets the airworthiness requirements of part 21, subpart H, Airworthiness Certificates.

Such aircraft are eligible for either a standard airworthiness certificate, or a special airworthiness 

certificate in either the primary or the restricted category.

b. New or Used Aircraft Not Manufactured Under Part 21, Subpart F or 

Subpart G. The FAA will also issue an export C of A for a new or used aircraft that was not 

manufactured under subpart F or subpart G. In this case, the aircraft already has a valid standard 

Comment [JC1]: Move. Duplicate
XX/XX/XXXX AC 21–44A

4

airworthiness certificate or a valid special airworthiness certificate in either the primary or 

restricted category (issued in accordance with the requirements of subpart H). An example of 

aircraft not manufactured under subpart F or subpart G include import aircraft that have been 

issued an FAA type design in accordance with § 21.29, Issue of Type Certificate: Import 

Products.

c. Additional Considerations for Used Aircraft. To support the validity of its present 

airworthiness certificate and associated eligibility for export, used aircraft are required to have 

been properly maintained. Verification of proper maintenance includes, but is not limited to, the 

following:

(1) A used aircraft will have been properly maintained in accordance with 

14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and 

Alteration, or 14 CFR part 121, Operating Requirements: Domestic, Flag, and 

Supplemental Operations or part 135, Operating Requirements: Commuter and 

On Demand Operations and Rules Governing Persons On Board Such Aircraft. 

(2) A used aircraft is within the inspection times of the appropriate inspection in 

accordance with 14 CFR part 91, General Operating and Flight Rules, § 91.409, 

Inspections.

d. Issuance of an FAA Form 8130-3 for Aircraft Engine, Propeller, or Article. The 

FAA, its designee, or a PAH may issue a Form 8130-3 to export an aircraft engine, propeller, or 

article that meets the requirements of § 21.331(a) or (c). The aircraft engine, propeller, or article 

is required (1) to conform to its approved design or unless otherwise specified and (2) be in a 

condition for safe operation. Only PAHs with an FAA approved quality system that includes 

procedures under 14 CFR § 21.137(o) may issue a Form 8130-3. The PAH may also issue a 

Form 8130-3 for a new aircraft engine, propeller, or article that has been altered or rebuilt by 

them in accordance with § 43.3(j).

12. Procedures to Follow When an Aircraft, Aircraft Engine, Propeller, or Article Does 

Not Meet the Requirements of the following: 

a. § 21.329(a)-Aircraft 

(1) A new or used aircraft does not have to meet the requirements of § 21.329(a) if 

the importing country or jurisdiction accepts a deviation from that requirement.

(2) At the time FAA Form 8130-1 is submitted, the exporter will identify to the 

FAA, in writing, those applicable requirements the aircraft does not meet. For 

example, an unassembled aircraft, or an aircraft fitted with a temporary 

installation for extra fuel or navigation equipment that is not an optional 

configuration identified in the type design, does not meet the requirements of § 

21.329(a). Therefore, the exporter will identify these items and the applicable 

requirements to the FAA.
XX/XX/XXXX AC 21–44A

5

(3) When an exporter notifies the FAA that it cannot comply with the applicable 

requirements of § 21.329, the FAA will request a written statement from the civil 

aviation authority (CAA) of the importing country or jurisdiction. Requests for 

acceptance of these aircraft are transmitted to, and received from, authority to 

authority prior to export. 

(4) If the CAA of the importing country or jurisdiction provides a written statement 

of acceptance to the FAA, the FAA will list as an exception on the FAA’s export 

C of A the differences between the aircraft to be exported and its type design. 

The export C of A should reference the importing CAA’s written statement of 

acceptance. 

b. § 21.331(a) or (c) Aircraft Engine, Propellers, and Articles 

(1) An aircraft engine, propeller, or new article does not have to meet the 

requirements of §21.331(a) or (c) for the FAA, designee, or PAH to issue a Form 

8130-3 if the importing country or jurisdiction accepts a deviation from that 

requirement. However, 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. Form 8130-3 will list as an exception each difference between the 

aircraft engine, propeller, or new article and its approved design. The exporter 

will identify to the FAA all such exceptions. 

(2) Prior to issuance of Form 8130-3, the FAA will request a written statement from 

the CAA of the importing country or jurisdiction, signifying the CAA’s 

acceptance of the aircraft engine, propeller, or article. If the PAH intends to 

issue a Form 8130-3, the PAH should submit a request to the FAA. 

(3) The FAA shall notify the PAH of the CAA’s acceptance if the PAH will be 

issuing the Form 8130-3.

(4) If the CAA of the importing country or jurisdiction provides a written statement 

of acceptance, the FAA, its designee, or PAH will list any exceptions on Form 

8130-3 in the remarks block, with reference to the importing CAA’s written 

statement of acceptance.

c. § 21.335 (a) Through (e)

(1) If an exporter cannot meet the requirements of § 21.335(a) through (e) as agreed 

to by the importing country or jurisdiction, the exporter should provide the FAA 

a written declaration stating which requirements cannot be complied with, and 

appropriate justification.

(2) The FAA will request a written statement from the CAA of the importing 

country or jurisdiction, signifying its agreement and acceptance that the exporter 
XX/XX/XXXX AC 21–44A

6

has not met one or more of the requirements. Such requests are made between 

authorities. (Reference paragraph 12 (a) and (b) of this AC)

13. How to Address the Requirements of Importing Countries or Jurisdictions

a. Subpart L does not specifically address the requirements of importing countries or 

jurisdictions. However, as an agency of the U.S. Government, the FAA is obligated to comply 

with the requirements of importing countries or jurisdictions if these requirements are—

(1) Specified as a provision in bilateral agreement, or

(2) Contained in a specific document formally submitted to the FAA for publication 

in AC 21-2.

b. An exporter will satisfy each requirement of the importing country or jurisdiction 

before the (1) FAA will issue an export C of A or (2) FAA, its designee or a PAH will issue a 

Form 8130-3. It is the exporter’s responsibility to review the specific importing requirements 

associated with a particular country or jurisdiction. It is also the exporter’s responsibility, with 

the assistance of the FAA if needed, to determine whether the special requirements of the

importing country or jurisdiction have been met before export. 

c. PAH who will be issuing a Form 8130-3 for exporting aircraft engines, propellers or 

articles shall also follow paragraph 14(a). For a PAH who applies orally to the FAA for an 

export airworthiness approval, the FAA principal inspector will determine the appropriate 

documentation needed to verify whether the requirements of the importing country or 

jurisdiction have been satisfied. 

14. Aircraft, Aircraft Engine, Propeller, or Article That Do Not Meet the Requirements of 

an Importing Country or Jurisdiction.

a. The exporter will identify to the FAA, in writing, those requirements of the importing 

country or jurisdiction the aircraft, engine, or propeller does not meet. Before export, the FAA 

will request a written statement from the CAA of the importing country or jurisdiction, 

signifying the CAA’s acceptance of such an aircraft, engine, propeller or article.

b. If the FAA receives a written statement of acceptance from the CAA of the importing 

country or jurisdiction, the items failing to meet the importing country’s or jurisdiction’s 

requirements will be listed as an exception on Form 8130-4 for aircrafts or Form 8130-3 for 

aircraft engines or propeller, with reference to the importing CAA’s written statement of 

acceptance in the remarks block. Reference should also be made in the remarks block to the 

importing CAA’s written statement of acceptance. Examples of these types of items include 

copies of material review board reports, technical manuals describing the tools needed for 

maintenance, or spare parts catalogues that are not available. 

c. For PAHs Issuing a Form 8130-3
XX/XX/XXXX AC 21–44A

7

(1) A PAH who meets the requirements of issuing a Form 8130-3 but does not meet 

the requirements of the importing country or jurisdiction shall request from the 

FAA a written statement of acceptance from the CAA. 

(2) If the FAA receives a written statement of acceptance from the CAA of the 

importing country or jurisdiction, the FAA shall notify the PAH of the 

acceptance. The PAH will list as an exception the items failing to meet the 

importing country’s or jurisdiction’s requirements on the Form 8130-3 in the 

remarks block. Reference should also be made in the remarks block to the 

importing CAA’s written statement of acceptance. Examples of these types of 

items include copies of material review board reports, technical manuals 

describing the tools needed for maintenance, or spare parts catalogues that are 

not available.

15. Exporting to a Country or Jurisdiction That Does Not Have a Bilateral Agreement 

With the United States.

a. When exporting an aircraft, aircraft engine, propeller or article to a country or 

jurisdiction that does not have a bilateral agreement with the United States, and no definitive 

special import requirements have been formally submitted to the FAA, an FAA Form 8130-4 

(aircraft) or Form 8130-3 (an aircraft engine, propeller, or article) may not be necessary. A 

business or contractual agreement between the seller and the purchaser (for example, the PAH 

and the aircraft end-user in the importing country or jurisdiction) does not constitute or qualify as 

a government-to-government request for an export approval or document. However, the FAA 

will permit the issuance of Form 8130-4 (aircraft) or Form 8120-3 (aircraft engine, propeller, or 

article) for export of all eligible aircraft, aircraft engine, propeller, or article when it conforms to 

their FAA-approved design or unless otherwise specified and are in a condition for safe 

operation.

b. If the FAA has issued an airworthiness approval for a new aircraft engine, propeller, 

or article manufactured under subpart F or subpart G, this original airworthiness approval 

remains with the new aircraft engine, propeller, or article being exported; a supplemental Form 

8130-3, for the purpose of export, would not be issued.

16. Responsibilities of Exporters. 14 CFR § 21.335 prescribes the responsibilities of 

exporters. Unless otherwise agreed to by the importing country or jurisdiction, each exporter will 

meet the following requirements:

a. Provide Importing Documents. An exporter will forward to the importing country or 

jurisdiction all documents specified by that country or jurisdiction. A list of these documents is 

in appendix 2 to AC 21-2, which contains importing country or jurisdiction special requirements. 

Bilateral agreements with certain countries or jurisdictions may contain documentation 

requirements. An exporter should review each bilateral agreement for the importing 

requirements associated with a particular country or jurisdiction. The text of all bilateral 

agreements can also be found on the FAA’s website (www.faa.gov/aircraft/aircert/international). Comment [JC2]: Move or state 

somewhere else
XX/XX/XXXX AC 21–44A

8

b. Preserve and Package Products and Articles. An exporter will preserve and 

package products and articles as necessary to protect them against corrosion and damage during 

transit or storage. Specifically, an exporter should provide the following:

(1) A statement on the duration of effectiveness of such preservation and packaging. 

This statement would normally be found in the aircraft, aircraft engine, or 

propeller logbook.

(2) A statement regarding any special preservation and packaging. This statement 

should be on Form 8130-4 (for aircraft) and Form 8130-3 (for aircraft engines, 

propellers, and articles).

(3) Any necessary instructions for the importer on returning the product or article to 

a condition for safe operation (de-preservation).

c. Remove Temporary Installations and Restore the Aircraft.

(1) An exporter will remove or cause to be removed any temporary installation 

incorporated on an aircraft for the purpose of export delivery.

(2) An exporter, or someone acting on behalf of the exporter, will restore the aircraft 

to the approved configuration upon completion of the delivery flight. Restoring 

the aircraft to the approved configuration includes ensuring the aircraft conforms 

to its approved type design or properly altered condition, and is in a condition for 

safe operation.

d. Secure Foreign Entry Clearances. An exporter will secure all proper foreign entry 

clearances from all the countries or jurisdictions involved when conducting sales demonstrations 

or delivery flights.

e. Contact the FAA Aircraft Registry. When title to an aircraft passes or has passed to 

a foreign purchaser, an exporter will contact the FAA Aircraft Registry (AFS-750) to—

(1) Request cancellation of the U.S. registration and airworthiness certificates from 

the FAA, giving the date of transfer of title, and the name and address of the 

foreign owner.

(2) Return the registration and airworthiness certificates to the FAA Aircraft 

Registry.

(3) Provide a statement to the FAA Aircraft Registry Office certifying that the U.S. 

identification and registration numbers have been removed from the aircraft in 

compliance with 14 CFR part 45, Identification and registration marking,§ 45.33, 

Sale of aircraft; removal of marks.
XX/XX/XXXX AC 21–44A

9

17. Where to Find the Requirements of Importing Countries or Jurisdictions. The FAA 

website (www.faa.gov/aircraft/aircert/international) contains the text of all bilateral agreements.

The website also contains appendix 2 to AC 21-2, which includes the special import 

requirements that importing countries or jurisdictions have submitted to the FAA.

18. Where to Find This AC. You may find this AC at 

http://www.faa.gov/regulations_policies/advisory_circulars/.

David W. Hempe

Manager

Design, Manufacturing, and Airworthiness Division, AIR-100