G 52
CAP. 60]
Import and Export (Strategic Commodities) Regulations
[1988 Ed.
[Subsidiary]
Notes:
1.
2.
3.
4.
“Civil aircraft" and "civil helicopters" are defined under Note 10.
The period of bona fide civil use referred to in sub-item (c) and (d) above begins with the date that the particular engine or "helicopter power transfer system" (model and specifications) or its most recent modification was certified as airworthy for commercial service or commercial navigability under the standards and requirements of the government of the country in which it was manufactured. However, it is recognized that many modifications which may require recertification may pertain to minor safety or operational changes which do not significantly enhance the performance of a particular gas turbine aero-engine or improve its reliability. It is the intent for control purposes, that:
(a) A gas turbine aero-engine which is recertified as the result of incorporating any technology listed in Note 8 will be treated as a newly certified engine. Recertification which does not result from incorporation of such technology, or modifications which do not require recertification by national authorities, will not affect the current period of civil use of the engine;
(b) Modification of a gas turbine APU by incorporation of any technology listed in Note 8 will cause it to be treated as a new APU. Other modifications will not affect the current period of civil use of the APU;
(c) Modification of a "helicopter power transfer system" by incorporation of any technology listed in Note 9 will restart the control period for the "helicopter power transfer system" as though it were newly certified in a helicopter. Other modifications will not affect the current period of civil use of the "helicopter power transfer system".
"Helicopter power transfer systems" referred to in sub-item (c) above are defined as all those components which transfer power from the engine to the main and tail rotor blade(s).
Exports of technology, including transfer of skills and data, necessary for the design, fabrication, assembly and production testing of gas turbine engines embargoed by sub-item (d) above or of the specially designed components embargoed by sub-item (e) are subject to the embargo except, for civil use only, as provided in (a) to (g) below and in Notes 7 and 8. It is intended that export of any of these technologies to a military end-user or for military end-use be subject to the embargo. This Note does not remove from embargo computer-aided design (CAD) or computer-aided design manufacturing (CAD/CAM) technology. Only technology which is non-CAD, non-CAD/CAM may be shipped as provided for in the appropriate sub-paragraph(s). This Note also does not release technology relating to manufacturing equipment or hardware, covered by Items IL 1080, 1086, 1088, 1091, 1312, 1357, 1361, 1522, 1529 or any other Item, for the production or evaluation of gas turbine engines or their specially designed components, or technology specific to production of superalloys as embargoed by Item IL 1301.
(a) Technology, including transfer of skills and technical data, necessary for aircraft performance analyses and installation design studies of specific gas turbine aero-engines or aircraft gas turbine APUs embargoed by sub-item (d) above or of their specially designed components embargoed by sub-item (e) above shall be subject to the embargo for a period of twelve years, as defined in Note 2, after those engines have entered into bona fide civil use. From the end of the embargo period, the above technology may be shipped to civil end-users for civil end-uses.
(b) Fabrication technologies listed in Note 8 for gas turbine aero-engines or aircraft gas turbine APUs embargoed by sub-item (d) above or for their specially designed components embargoed by sub-item (e) above shall remain embargoed until those engines or APUs have been in civil use for more than twelve years, as defined in Note 2, unless they remain listed in Note 8.
(c) Fabrication technology for gas turbine aero-engines or aircraft gas turbine APUs embargoed by sub-item (d) above, or for specially designed components embargoed by sub-item (e) above, which do not embody any technology listed in Note 8.
(d) Technology for assembly and production testing of gas turbine aero-engines or aircraft gas turbine APUs embargoed by sub-item (d) above, or of their specially designed components embargoed by sub-item (e) above.