Rs 0.748.213.193.36 On 13 October 1961 Arrangement Between The Switzerland And The United States Of America On The Certificates Of Airworthiness For Imported Aircraft

Original Language Title: RS 0.748.213.193.36 Arrangement du 13 octobre 1961 entre la Suisse et les Etats-Unis d’Amérique sur les certificats de navigabilité des aéronefs importés

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0.748.213.193.36 translation Arrangement between the Switzerland and the United States of America on the certificates of airworthiness for imported aircraft concluded on 13 October 1961, approved by the Federal Assembly on September 20, 1962, entered into force on 21 November 1962 Note Swiss Bern, 13 October 1961 Ambassador, I have the honour to refer to discussions that have taken place recently between representatives of the Swiss Government and the Government of the United States of America , and which have resulted in a recognition agreement mutual certificates of airworthiness for imported aircraft.
The arrangement has read as follows: art. 1a.  This agreement is applicable to civil, accessories and components aircraft built in the United States or in their territories and possessions which are exported to Switzerland, as well as civilian, accessories and components aircraft built in Switzerland and exported to the United States or in their territories and possessions.
b. the term aircraft, as used here, means aircraft of all classes, including those that serve public transport and of private purposes, engine aircraft and propellers, as spares for aircraft, motors propellers, and aviation when these objects have been exported in accordance with this agreement.
c. 'Accessory' means all the instruments, equipment, mechanisms, devices or parts accessories that are used or planned to use in the operation of an aircraft in flight, that are installed or planned to install, which are mounted or is expected to ride in an aircraft referred to as b, but are not a part of a cell, an engine or a propeller; also include the parts and change.
(d) 'Component' means a material, an ancillary part or facility that are not understood in the terms 'aircraft' or 'incidental' and are intended to be used on aircraft.

AF on Sept. 20. 1962 (RO 1962 1671) new content according to the exchange of letters of 7 January 1977 (RO 1977 1243) introduced by Exchange of letters from 7 Jan. 1977 (1977 1243 RO) art. 2A the competent United States authorities will assign, to certificates of airworthiness established by the competent authorities of Switzerland to registered aircraft then in the United States, the same validity as if these certificates had been established in the United States according to the provisions which are in force in this field, provided that these aircraft were built in Switzerland and the Swiss competent authority has confirmed that the prototype of the aircraft files correspond to Swiss also airworthiness requirements well as the special conditions prescribed below in art. 6, and on the other hand that the aircraft concerned complies with these prototype files.

New numbering according to the exchange of letters of 7 January 1977 (RO 1977 1243) art. 2B the Switzerland authorities will assign, to certificates of airworthiness established by the competent authorities of the United States for aircraft registered in Switzerland, the same validity as if these certificates were prepared in Switzerland according to the regulations that are in force in this field, provided that these aircraft were built in the United States or in their territories and possessions , and that the competent authority of the United States has confirmed that the prototype of the aircraft records correspond to the requirements of airworthiness of the United States as well to the special conditions prescribed below in art. 6, and on the other hand that the aircraft concerned complies with these prototype files.

New numbering according to the exchange of letters of 7 January 1977 (RO 1977 1243) art. 3A. In the case of accessories produced in the exporting State for export and use in aircraft which are or may be registered or authorised in the importing State, and if the aeronautical authorities of the exporting State certify that the type of accessory meets the requirements of airworthiness of the exporting State and all special conditions required at the time by the importeur State for admission to Accessories , and if the aeronautical authorities certify also the particular accessory responds to a type, the importing State attribute certificate as valid as if it had been established by its own aeronautical authorities.
(b) in the case of components produced in the exporting State for export and use in aircraft which are or may be registered or authorised in the importing State, and if the aeronautical authorities of the exporting State certify that the component responds to documents of types and the provisions for review and quality, that the importing State has notified to the exporting State the importing State will assign to the certificate as valid unless it had been established by its own aeronautical authorities. This provision applies only to components that were built by a manufacturer of the exporting State under an agreement between the manufacturer and the manufacturer of the aircraft or the accessory in the importing State. In addition, this provision applies only in cases where, in the opinion of the importing State, the component is of such complexity that the determination of compliance with the quality control cannot be made directly at the time that the component is mounted in the product.

Introduced by Exchange of letters of Jan. 7. 1977 (1977 1243 RO) art. 4A. The competent authorities of the United States will ensure the transmission to the competent authorities of Switzerland of the details of the changes must be prescribed in the United States, so that these changes can be made to the aircraft types concerned and which these authorities reported valid certificates of airworthiness.
(b) in the case of aircraft for which the United States have established, for export, airworthiness certificates recognized by Switzerland, then the competent authorities of the United States will provide assistance to the competent authorities of Switzerland, on request, to determine if significant changes of prototype or the important work of reclamation of an aircraft are compatible with the airworthiness requirements imposed by the United States.

Art. 5a. The competent authorities of the Switzerland will ensure the transmission to the competent authorities of the United States of the details of the changes must be prescribed in Switzerland, so that these changes can be made to the aircraft types concerned and which these authorities reported valid certificates of airworthiness.
(b) in the case of aircraft for which the Switzerland has established, for export, of airworthiness certificates recognized by the United States, then the competent authorities of the Switzerland will provide assistance to the competent authorities of the United States, on request, to determine if significant changes of prototype or the important work of reclamation of an aircraft are compatible with the airworthiness requirements imposed by the Switzerland.

Art. 6a. The competent authorities of each State will have the right to depend on the recognition of certificates of airworthiness for export of the fulfillment of special conditions that these authorities prescribe at a time for the establishment of certificates of airworthiness in their own jurisdiction. Information about these special conditions prevailing in one of the States will from time to time be communicated to the competent authorities of the other State.
(b) the competent authorities of each State educate the competent authorities of the other State, complete and continuous, of all the provisions in force concerning the airworthiness of civil aircraft and all subsequent changes to these requirements, as they are made from time to time.

Art. 7. the question of the procedure to be followed in the application of the provisions of this agreement will be, according to the needs of direct correspondence exchanged between the competent authorities of the United States and the Switzerland.

Art. 8. this agreement may be terminated by each of the two Governments on six months notice given in writing to the other Government.

Art. 9. this agreement is drafted in German and English, both texts being equally authentic.
After receipt of a note of your Excellency, announcing that the above provisions are accepted by the Government of the United States of America, the Swiss Government will consider this note and your reply as an arrangement between our two Governments on this subject. This arrangement temporarily take effect on the date of your reply, and definitely the day where the Swiss Government has informed the Government of the United States of America of its ratification.
Please accept, Mr Ambassador, insurance renewal of my high consideration.

Wahlen 1962 1672 RO; FF 1962 I 1073 the original text is published under the same number, in the German edition of this compendium.

11 State. July 2006

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