Avionics News August 2023 - 15

When a repair station chooses to pursue international
commerce, it commits the business to incorporating the
special conditions of the foreign authority; in return, it
receives maintenance and return to service privileges.
foreign country under the law of that country. Specifically,
regarding aeronautical products, Australia recognized
approved MROs of Canada, each member country of
EASA, New Zealand, Singapore, Japan and the United
States. Or the United States acceptance of maintenance,
preventive maintenance, and alterations performed on U.S.
aeronautical products by certain Canadian persons, which is
contained directly within 14 CFR section 43.17.
Another approach to acceptance is contained within the
Isle of Man Air Navigation Order 2015, which states:
In addition to those organisations listed under Article
27 (a) to (f) of the Air Navigation (Isle of Man) Order
20151 ( " the Order " ), the Department for Enterprise in
exercise of its powers under Article 27(b) of the Order,
furthermore approves the following persons listed to
issue a certificate of release to service for an aircraft
registered in the Isle of Man:
a. A person who is acting in their duties as an employee
of an organisation that holds: 1. a Title 14 Code of
Federal Regulations Part 145 certification; or, 2. an
EASA Part 145 approval issued by the UK CAA prior
to 1 January 2021; or, 3. a UK CAA Part 145 approval.
b. A person listed in the maintenance organisation
manual of a maintenance organisation that holds: 1. an
EASA Part M Subpart F or Part CAO approval issued
by the UK CAA prior to 1 January 2021; or, 2. a UK
CAA Part M Subpart F or Part CAO approval; or, 3. an
EASA Part CAO approval.
If the foreign authority does not accept the domestic
authority's certificates, you will be required to apply for and
maintain a foreign certificate from the state of registry of the
aircraft. This can be done directly with the foreign authority,
or if the foreign authority and your domestic authority have
an agreement, you might find the information contained
within a bilateral aviation safety agreement or memorandum
of understanding between the national authorities. An
example of this is contained within the Canadian Aviation
Regulations Standard 571, section 571.11 Persons Who May
Sign a Maintenance Release, which states:
(1) Maintenance performed in a state that is a party to
an agreement with Canada shall be certified by either
the holder of a Canadian AME licence, a person who
has been authorised under the laws of that state, or a
person whose knowledge is determined to be equivalent
to the holder of an AME licence pursuant to Subpart
403 of the CARs, as described in subsection (2). Where
that work is performed by a foreign maintenance
organization, the maintenance release must be
signed by persons qualified pursuant to the local
regulations and authorised by the foreign maintenance
organisation.
This leads us to an issue that has caused some challenges
in the past, which is the bilateral aviation safety agreement,
and specifically the maintenance agreements. They may
be referred to as maintenance implementation procedures
or a maintenance annex guidance. Either way, it is
important to understand what they are, what they are not,
and how to utilize them. For aircraft certification, parts
and modifications, there are technical implementation
procedures. As a maintenance provider, you would use a
TIP for import and export of aircraft and parts as well as the
criteria for modification and repair data.
First, a BASA is an agreement between countries
implemented by the authorities. They recognize each other's
aviation authority and safety standards (regulations); they
are not a recognition of the industry that the authority
oversees. Due to the volume of foreign aircraft maintenance
in one country, and therefore the number of foreign
certificates issued to that country's industry, the authorities
may develop a BASA that allows the domestic authority
to oversee the foreign authority's certificate. It does not
dismiss the basic requirement to possess the foreign
Continued on page 19
avionics news * august 2023 15
Avionics News August 2023

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