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 Post subject: Flying Exotic Jets
PostPosted: Tue Feb 13, 2007 6:18 pm 
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Please forgive me if this has been asked before, but the thread on the Mig 23 got me thinking. What are the restrictions/regulations on importing and flying exotic jets like the Migs or Sukhois into the US? Can anyone with money to burn buy, import, license, and fly any of the older, foreign jets?

Thanks in advance,

-WC


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 Post subject: Not the expert ... but
PostPosted: Tue Feb 13, 2007 8:26 pm 
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I believe that there are less restrictions on Former USSR craft than on USA stuff. There are a few offices that seem to get bent out of shape trying to bring fighters in ......

ATF
DTC
DoS
DoD
Tax Man

etc...

From what i understnad you need to start with or be in the possession of a FORM 6 ...

There is a great example of whooops regarding defence export and import with a company in Alaska.

http://www.alaskajournal.com/stories/042206/hom_20060422008.shtml

in the case of a canadian company ....

http://calsun.canoe.ca/News/Alberta/2006/10/24/2123554.html

In Canada I believe it is a less taxing process to import, however the challenge apparently comes to operations, with an AMO and AOC required.

V


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 Post subject:
PostPosted: Tue Feb 13, 2007 9:40 pm 
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My understanding is that a civilian can no longer import a foreign built supersonic jet.


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 Post subject: FIGHTERS
PostPosted: Tue Feb 13, 2007 9:45 pm 
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Quote:
bdk Posted: Tue Feb 13, 2007 9:40 pm Post subject:

--------------------------------------------------------------------------------

My understanding is that a civilian can no longer import a foreign built supersonic jet.
My understanding bdk is that you can if you have a military contract or a museum.

V


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 Post subject:
PostPosted: Tue Feb 13, 2007 11:28 pm 
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By the way, this is a little off topic but what ever happened to that F-18 that was on ebay a couple of years back?


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 Post subject: Re: FIGHTERS
PostPosted: Wed Feb 14, 2007 1:03 am 
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Vulture wrote:
My understanding bdk is that you can if you have a military contract or a museum.
Understood, but that then is a military contract which would likely have strings attached. Any examples of non-government museums you have found since the moratorium was put into place that have imported foreign built supersonic jets?


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 Post subject: Here is one
PostPosted: Wed Feb 14, 2007 1:09 am 
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Any examples of non-government museums you have found since the moratorium was put into place that have imported foreign built supersonic jets?



http://www.starfighters.netV


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 Post subject:
PostPosted: Wed Feb 14, 2007 8:02 am 
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bdk wrote:
My understanding is that a civilian can no longer import a foreign built supersonic jet.


And I ask the question again...can anyone quote me what statute or regulation invoked the ban? We all talk about it like it is common knowledge, but my quick research hasn't turned up an actual statute, law, or policy. I've looked at 22 CFR 121 and 27 CFR 447 and can't find any restrictions of note.

Jim


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 Post subject:
PostPosted: Wed Feb 14, 2007 9:10 am 
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AirJimL2 wrote:
And I ask the question again...can anyone quote me what statute or regulation invoked the ban? We all talk about it like it is common knowledge, but my quick research hasn't turned up an actual statute, law, or policy. I've looked at 22 CFR 121 and 27 CFR 447 and can't find any restrictions of note.

Jim


Isn't that kind of like the Income Tax situation? Maybe it's not there, but I'd bet that there are groups that enforce it.

Ryan

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 Post subject:
PostPosted: Wed Feb 14, 2007 10:20 am 
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RyanShort1 wrote:

Isn't that kind of like the Income Tax situation? Maybe it's not there, but I'd bet that there are groups that enforce it.

Ryan


Ryan,

The income tax situation? If you really wanted I could quote you pages and pages and pages of income tax statutes...

Jim


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 Post subject:
PostPosted: Wed Feb 14, 2007 11:10 am 
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Maybe the restrictions fall under this Title 22 thing...section 123.2 ??

http://www.epic.org/crypto/export_controls/itar.html

Or maybe buried in here...

http://www.fas.org/spp/starwars/offdocs/itar/

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 Post subject: ADDITIONAL INFO
PostPosted: Wed Feb 14, 2007 11:43 am 
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Quote:
AirJimL2 Posted: Wed Feb 14, 2007 8:02 am Post subject:

--------------------------------------------------------------------------------

bdk wrote:
My understanding is that a civilian can no longer import a foreign built supersonic jet.


And I ask the question again...can anyone quote me what statute or regulation invoked the ban? We all talk about it like it is common knowledge, but my quick research hasn't turned up an actual statute, law, or policy. I've looked at 22 CFR 121 and 27 CFR 447 and can't find any restrictions of note.

Jim


Courtesy of AMT

Be advised that anyone who is caught knowingly and willfully falsifying, concealing, or covering up any information requested by the United States government may be subject to a $250,000 fine and/or up to five years in a federal jail cell with a 250-pound Bubba who will look at you funny under hooded eyes. (ref: US Code: 1001;3571).

In case you're still convinced you still want to proceed, here's how:

STEP 1: ATF: First government agency you must work with is the Bureau of Alcohol, Tobacco and Firearms (ATF). Go to the library and check Title 27 of the Code of Federal Regulations, Part 47, Sub-Part C. Section 47.21 United States Munitions Import List. Go to Category 8, Aircraft, Spacecraft, and associated equipment to see if the aircraft (e.g.Suhkoi SU-27) you intend to purchase is considered a military aircraft.

If the aircraft was NOT a fighter/bomber/airborne warning, etc. but a military cargo aircraft, or a trainer using reciprocating engines or turboprop engines of less the 600 S.H.P., or an observation aircraft, the ATF doesn't want to talk to you. Those types of aircraft are not on the list.

However, using our "example aircraft" Suhkoi Su-27, ATF will check Jane's All the World Aircraft where a SU-27 it is identified as a fighter. Congratulations!! Your aircraft made the list and now you must move on to Step 2.

STEP 2: If you plan to import several aircraft, you need to register as an importer by filing an ATF Form 4587. The registration fee for one year is $250. If you are only importing an aircraft for your own personal use and you do not intend to offer it for resale, then you don't have to fill out an ATF Form 4587 or pay a fee.

STEP 3: For each aircraft you are importing, regardless of the number, everyone (broker or private individual) must fill out an ATF Form 6 Part 1 for each aircraft and submit it to the nearest ATF office. If you need additional information from ATF, you can contact them at:

Bureau of Alcohol, Tobacco, and Firearms
650 Massachusetts Ave. N.W.
Attention: Firearms Technical Branch
Room 6450
Washington , D.C. 20226
Tel: (202) 927-8320

STEP 4, State Department: If the aircraft comes from one of the following countries: Albania, Bulgaria, Cuba, Kampuchea, North Korea, Outer Mongolia, Rumania, South Africa, Vietnam and successor governments of the former Soviet Union, then ATF will ask the Department of State, Office of Political and Military Affairs to approve the aircraft for import into this country.

STEP 5, Customs: There are customs documents in addition to an invoice and ATF documentation that needs to be completed for proper importation. These documents may vary due to the reason for importation, the value of the aircraft, the exporting country, etc. Since the import rules are always changing, it would be wise to contact U.S. Customs at:

U.S. Customs Service
Office of Inspection and Control
55 E. Monroe St .
Chicago , IL 60603

Be advised that a customs inspector will check the aircraft and its paperwork with a jaundice eye.

STEP 6, FAA: If you want to fly your military SU-27 aircraft into the United States , a Special Flight Authorization (SFA) from the FAA is required as per FAR Section 91.715. An SFA is a one-time authorization to bring an aircraft into the United States under certain stringent conditions.

You make application at the regional flight standards office or to one of the regional aircraft certification directorate managers. The regional office will want to see copies of your ATF forms and invoices. You can get either one of the regional offices' addresses from the local Flight Standards District Office (FSDO).

Two important requirements of issuing an SFA are: A determination of the proper certification and competency of the pilot to operate in U.S. airspace and that the aircraft is airworthy and capable of safe flight.

Typical SFAs have a 14-day window in which the aircraft has to land at the designated airport. Once on the ground customs will inspect the aircraft and its paperwork.

STEP 7: After customs it's FAA's turn. First you have to "demilitarize" the aircraft before you make application for the Special Airworthiness Certificate. You'd be amazed to learn how much equipment on civilian aircraft such as cannons, rocket pods, armed ejector seats, external jettisonable fuel tanks, and machines guns is frowned upon by both the FAA and the Pentagon.

STEP 8: Next, you will need to request an Experimental Airworthiness Certificate by using an FAA Form 8130-6 Application for Airworthiness certificate. Non-U.S. manufactured aircraft that are U.S. registered MAY be considered for airworthiness certification for the purpose of exhibition or air racing if the applicant meets the requirements of Part 21, Section 21.191 (d) or (e).

STEP 9: Along with your application form you must supply the FAA with a program letter setting forth the purpose for which the experimental aircraft is to be used. This includes the names and locations of the air shows or races the aircraft will be flown to. In the case of a TV or movie production, the date and location of the production is needed. Applicants who do not submit a specific program letter will not be issued an experimental certificate.

STEP 10: In addition to the application, and program letter, the owner of the SU-27 must supply an inspection program that meets the requirements of FAR section 91.409 (e)(f)(4). The applicant must also show the FAA that he/she has flight, maintenance, and inspection manuals, along with the flight and maintenance log books all translated into English.

STEP 11: The FAA will then inspect the aircraft to ensure that the applicant has accomplished an inspection in accordance with the appropriate military/manufacturer maintenance instructions, the aircraft is properly registered, and the word experimental is displayed in accordance with FAR section 45.23 (b). Any placards, instrument markings, and instruments must be identified in English and those instruments necessary for operations in U.S. airspace replaced by instruments meeting U.S. standards.

STEP 12: If everything checks out the, FAA inspector signs the log book that states that the Special Airworthiness Certificate, Experimental, Exhibition and a set of Operating Limitations which spells out a flight test area, flight corridors over congested areas, flight test time, noise requirements, and authorized areas of operation has been issued. The Special Airworthiness Certificate and operating limitations will be good for one year or less.

STEP 13: The applicant also is required to sign a statement in the logbook stating that they understand the limitations of an Experimental, Exhibition airworthiness certification and will only fly the aircraft in accordance with those operating limitations.

STEP 14: When the original owner of the aircraft sells the Su-27, the new owner cannot operate the aircraft outside the area described in the original limitations until those limitations are changed by the FAA or a new Experimental Airworthiness Certificate with appropriate limitations is issued.

STEP 15: All flights must be recorded in a log- book that must be carried on board the aircraft. Each entry must list the purpose of the flight, airports, fuel stops, destination, arrival, and total flight time.


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 Post subject:
PostPosted: Wed Feb 14, 2007 1:07 pm 
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Be advised that anyone who is caught knowingly and willfully falsifying, concealing, or covering up any information requested by the United States government may be subject to a $250,000 fine and/or up to five years in a federal jail cell with a 250-pound Bubba who will look at you funny under hooded eyes. (ref: US Code: 1001;3571).


I'm glad they hit Sandy "Burgler" Burger with same book they would try to crucify me with.

Is the Tweet an "exotic" jet?


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 Post subject:
PostPosted: Wed Feb 14, 2007 1:29 pm 
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Vulture,

Thank you, and your list is pretty much is what I expected. Many hoops to jump though, much paperwork, and gov't offices to satisfy; however, I still don't see anything on the supersonic ban. I wonder if it is a customs rule?

Honestly this is more of an academic exercise, as I've always wondered if it makes a difference if you are importing a subsonic MiG-15 vs. a supersonic MiG-21 from say Freedonia. Looking at the code, and your list, it appears not to make a difference, but this supersonic ban gets thrown around. Your previous comment about a museum appears to suggest that if I purchased the MiG-21 I couldn't import it personally, but if I created a 501-(c)(3) Museum called Jim Wants a Jet Museum I could. Oh well...good thing I don’t want a jet. :)

I believe the issue with many U.S. built aircraft is that you cannot import a MDAP purchased aircraft. Hence why we see Canadian T-33s and CF-104s, but generally not Lockheed built examples.


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