Memorandum of understanding concerning the reciprocal acceptance of airworthiness certification between the Civil Aviation Administrator of the Israeli Ministry of Transport and the Director General, Civil Aeronautics of the Canadian Ministry of Transport
Ottawa, Ontario 5001-14 (SLLI)
October 2, 1975
Colonel Y. Rabin,
Civil Aviation Administration,
P.O. Box 8,
Ben Gurion Airport,
Dear Colonel Rabin:
Referring to our discussion in Tel Aviv in 1973 and subsequently in Ottawa 21 May 1975, I propose that a technical understanding be concluded between the Civil Aviation Administrator of the Israeli Ministry of Transport and the Director General, Civil Aeronautics of the Canadian Ministry of Transport concerning the reciprocal acceptance of airworthiness certification.
I propose that we agree on the following:
- This understanding applies to civil aircraft, engines, propellers, and aeronautical appliances constructed in Israel and exported to Canada and to those constructed in Canada and exported to Israel and shall extend to include normal, utility, aerobatic and transport category aircraft as well as to aircraft components.
- If the aeronautical authority of either country certifies that the product produced in either country complies with its applicable laws, regulations and technical requirements, the importing country shall give the same validity to the certification as if the certification had been made by its own aeronautical authority. In addition, certain airworthiness and operational investigations on transport category aircraft may take place by the accepting country in order to ensure conformity with national laws, regulations or policies. Notification of such investigations will be given.
- If the civil aeronautical authority of one country certifies that aircraft and component design changes made in that country comply with the laws, regulations and requirements of the other country, the other country shall give the same validity to the certification as if the certification had been made by its own civil aeronautics authority.
- A used product certificated in either Israel or Canada but manufactured in another country may be imported by either Israel or Canada from the other where it is mutually agreed that it meets the airworthiness requirements of the importing country.
- The aeronautical authority of the accepting country shall recognize the certification made by the aeronautical authority of the exporting country subject to the product meeting a level of safety equivalent to that specified in its applicable laws, regulations and requirements. Notification shall be given of any additional relevant requirements including possible requirement for a validation program.
- The aeronautical authorities of each country shall keep each other fully informed of all mandatory airworthiness modifications and special inspections deemed necessary in respect of this understanding.
- The aeronautical authority of the exporting country shall assist the aeronautical authority of the accepting country in deciding whether major design changes and major repairs made by the exporting country comply with the laws, regulations and requirements under which the product was originally certificated or approved as to airworthiness.
- Aeronautical authorities of each country shall keep each other currently informed of all relevant laws, regulations and requirements including reasonable advance information on new legislation and changes to existing legislation.
- Should conflicting interpretations of laws, regulations and requirements arise with regard to certifications or approvals under this understanding, attempts will be made through discussion to resolve these matters. In any case the interpretation of the aeronautical authority of the country whose law, regulation or requirement is involved shall prevail.
- The aeronautical authorities of the two countries shall develop mutually agreed upon procedures as considered necessary to implement this understanding.
- Either party may terminate this understanding at the expiration of not less than 60 days after giving written notification of that intention to the other country.
- For the purposes of this understanding the following definitions are provided:
- "Product" means an aircraft, engine, propeller and appliance;
- "Component" means a material, part, or sub-assembly not covered in b), c), or e) for use on civil aircraft, engines, propellers or appliances;
- "Produced in one country" means that the product or component as a whole is fabricated in the exporting country, even though portions thereof may have been fabricated in another country;
- "Applicable laws, regulations and requirements" means those airworthiness laws, regulations and requirements which are effective on the date the manufacturer applies for certification of the product in the importing country, or alternatively, on the date of effectiveness of the laws, regulations and requirements under which the product was certificated in the exporting country. The applicable laws, regulations and requirements shall be equivalent to applicable U.S. Federal Aviation Airworthiness Requirements.
- "Aeronautical authority" means the competent aeronautical authorities of the two countries, in the case of Israel the Civil Aviation Administrator of the Ministry of Transport and, in the case of Canada, the Director General, Civil Aeronautics of the Ministry of Transport.
It is hoped that you will find these provisions satisfactory and adequate to conclude a technical understanding on the reciprocal acceptance of airworthiness certification between our aeronautical authorities. This understanding will be effective on the date of your signature. If you concur, I would be grateful if you would sign in the block provided below and return one signed copy to me at your convenience.