When an aircraft is leased to an operator in another State, the regulation for continuing validity of the Certificate of Airworthiness of the State of Registry should be complied with by the operator.
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CHAPTER 3.— GUIDANCE ON THE AIRWORTHINESS ASPECTS OF
THE IMPLEMENTATION OF ARTICLE 83bis.
3.1 General
3.1.1 The material in this chapter is intended to provide guidance to States on meeting their continuing airworthiness responsibilities when they are involved, either as the State of the Operator or the State of Registry, in the transfer of aircraft under an Article 83bis agreement. In consideration of the complexity of these agreements and the numerous potential problems that may occur, States should use this material as guidance when they are considering entering into such agreements. The material contains recommended methods and practices which could be used during the preparation and organization of an aircraft transfer under Article 83bis in addition to those mentioned in Chapter 1 and 2 of this part. The proposed requirements are intended to be used as minima; additional requirements may be demanded by the lessor or purchaser.
3.1.2 With the adoption of Article 83bis, the State of Registry may, by an agreement with the State of the Operator, transfer to the State of the Operator all or part of functions and duties as the State of Registry in respect of an aircraft, which is operated pursuant to an arrangement for the lease, charter or interchange of the aircraft or any similar arrangements by an operator which has its principal place of business or his residence outside the State of Registry, under the Article 12 (Rules of the air), Article 30 (Aircraft radio equipment), Article 31 (Certificates of airworthiness) and Article 32(a) (Licenses of personnel). The State of Registry shall be relieved of responsibility in respect of the functions and duties transferred.
3.1.3 The guidance material in this document only deals with airworthiness-related matters. However, there are other areas that should be considered prior to entering into such an agreement. Additional ICAO guidance materials can be found in the Manual of Procedures for Operations Inspection, Certification and Continued Surveillance (Doc 8335). Chapter 10 of this document advises of legal and practical operational problems to be considered by the authorities in the certification of an operator proposing to utilize leased aircraft.
3.1.4 When preparing a transfer agreement, States may consider to review actual agreements registered with ICAO and published via ICAO channels. However it is strongly advised not to use these agreements as a template. The basis for these agreements reflect national regulations, procedures and policies existing in the involved States which might differ from those in other States.
3.2 Guidance on the implementation of Article 83bis
3.2.1 General
3.2.1.1 The Protocol relating to Article 83bis (Doc 9318) came into force on 20 June 1997 in respect of the States which had ratified it. According to Article 8 bis, all or part of the duties and functions pertaining to Articles 12, 30, 31 and 32(a) of the Chicago Convention may be transferred from the State of Registry to the State of the Operator. This section focuses on the responsibilities associated with Article 31 (Certificates of Airworthiness) of the Convention.
3.2.1.2 Any type of commercial arrangement for cross-border lease, charter or interchange of aircraft, or any similar arrangement, may give rise to an 83bis agreement. It should be noted that Article 83bis refers, among other things, to “lease” in general, not excluding wet leases in principle. Nevertheless the application of Article 83bis to wet lease arrangements would then require that foreign wet-leased aircraft concerned be operated under the lessee’s AOC. Such cases are rare, in view of the difficulty for the State of lessee, as State of the Operator, to implement the operational requirements of Annex 6 to the Convention.
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