Importing Aircraft, Part 3: Airworthiness: How to Get Your Imported Aircraft Ready to Fly

An airworthiness certificate is one of the basic requirements for a plane to legally fly. Now that your plane is imported through U.S. customs and registered with the FAA, how do you get one?

That’s where a "DAR" comes in.

Designated Airworthiness Representative

FAA airworthiness certificates are issued by a “Designated Airworthiness Representative” (DAR).
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The DARs are deputized by the FAA to review the aircraft’s paperwork and issue the airworthiness certificate once they confirm that the plane is airworthy according to the FAA standards.

Export Certificate of Airworthiness

One of the key pieces of paperwork typically required by the DAR is an “Export Certificate of Airworthiness” issued by the aircraft’s previous country of registration.
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For instance, if you bought a plane from Canada, the Export Certificate of Airworthiness would be issued by Transport Canada.
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This is essentially a note from one country to another confirming that the plane meets the requirements for airworthiness for the next country.
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There are sometimes exceptions marked, such as a note that the plane’s systems need to be changed from kilograms to pounds, for instance.
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But I hope you did some planning.
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Once a plane is deregistered from a country’s aircraft registry, that country loses jurisdiction over the plane, and can no longer issue an Export Certificate of Airworthiness.
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Every purchase agreement should document the timing and requirement for the seller to arrange the Export Certificate of Airworthiness, although who bears the cost is usually negotiable.
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It’s something that only the seller can obtain, due to their relationship as the registered owner (or operator, in some countries).
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A failure to get the Export Certificate of Airworthiness could delay the FAA airworthiness certificate. Additionally, the DAR could require more in-depth (and expensive) inspections to confirm that the plane is in the correct condition.
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An Export Certificate of Airworthiness can sometimes be skipped for U.S.-manufactured aircraft or planes that were previously registered with the FAA and issued FAA airworthiness certificates.
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That’s why it’s imperative to check with your DAR well in advance – while negotiating the purchase agreement – so you have certainty on what’s needed.

Each DAR has their own interpretation of the requirements, so never assume anything.

Aircraft Conversion

Once you have the Export Certificate of Airworthiness, and complete your FAA registration, the final piece required for DAR approval is to physically prepare the plane for the FAA.

Such preparations include:

o   Painting the FAA registration number on the plane

o   Replacing placards

o   Reprogramming avionics and transponders

o   Performing any required service bulletins

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This can take approximately one week, and then the DAR will review your aircraft and issue the airworthiness certificate. With this and the registration, you’re now ready to fly!
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Stay tuned for upcoming articles that break down the challenges of buying a foreign aircraft—and how to navigate them with confidence.

Plus, check out our past two articles in this series:

Part 1: Navigating Aircraft Import Tariffs & Customs
Part 2: Importing Aircraft: Aircraft Registration and Deregistration

Part 4: How to Balance Taxes Between Multiple Jurisdictions

Part 5: Logistics: Where to Inspect the Plane and Complete Closing?

Part 6: Contractual Quirks of Foreign Transactions

This article is not intended, nor should it be construed or relied upon, as legal advice. The comments, recommendations, and analysis expressed in this article are those of the individual author, John Farrish, are purely informational. This article does not create an attorney-client relationship between you and the author or his law firm. If specific legal information is needed, each person should retain and consult an attorney with knowledge of the subject matter.

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