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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on November 10,1978; Entered into force on December 30,1978.
 
Preamble
The undersigned, by virtue of the authority fested in them, have
concluded the following Agreement.
ARTICLE 1
Purpose of the Agreement
This Agreement shall govern the exchange of International Expre-
ss Mail between the Republic of China and the United States, in-
cluding any areas for which the postal administrations of these
countries exercise International Express Mail responsibilities.
ARTICLE 2
Definitions
As used herein the following terms shall have the indicated mea-
nings:
1 Administration-an abbreviated form used to refer to one of the
postal akministrations of the countries signatory to this Agr-
eement.
2 Articles and sections-articles and sections of this Agreement,
except when the context indicates an article which is or can
be inserted into an item;
3 Convention-the Universal Postal Convention adopted by the Con-
gress of the Universal Postal Union from time to time;
4 Detailed Regulations of the Convention-the Detailed Regulatio-
ns of the Universal Postal Convention enacted by the Congress
of the Universal Postal Union from time to time;
5 International Express Mail service-the service established by
this Agreement, the domestic counterparts of which are Express
Mail Service in the United States and Speedpost Service in the
Republic of China;
6 On-demand service-an International Express Mail service option
which allows a sender to mail an item on a non-contractual ba-
sis and without any requirements for scheduling or prior desi-
gnation of addressee;
7 References to the regulations of either administration or to
the internal legislation of either country are to the general
regulations or legislation governing the matter in question w-
hich are applicable regardless of the country of origin;
8 Scheduled service-an International Express Mail service option
which allows a sender to enter into a contractual arrangement
to mail items on a designated schedule to designated addresse-
es.
ARTICLE 3
Scheduled service
1 Each administraction shall offer scheduled service on a contr-
actual basis to customers who agree to use the service on a d-
esignated schedule to send items to designated addressees.
2 Each administration sahll provide the other administration wi
th a schedule of approximate delivery times to each city or o-
ther location to which scheduled service is available, based
upon the time schedules of the international flights used to
carry scheduled itmes.
3 For each scheduled service contract. the administration of or-
igin shall provide the administration of destination with the
following information at least ten days prior to commencing s-
ervice pursuant to such contract:
(i) the identification number of the customer contract, which
number shall be indicated on each item sent;
(ii) the name and address of the designated addressee;
(iii) the days of the week designated by the customer as schedu-
led dispatch days;
(iv) the time of day delivery is requested; and
(v) the airline and flight number to be used.
ARTICLE 4
On-demand service
1 Each administration shall offer on-demand service which shall
be available to customers on a non-scheduled basis.
2 Each administration shall provide the other administration wi-
th a list of the cities and other locations to which on-demand
service is available.
3 Each administration shall provide the other administration wi-
th a schedule of approximate delivery times to each city of o-
ther location to which on-demand service is available, based
upon the time schedules of the international flights used to
carry on-demand items.
4 Each administration shall inform the other administration of
all identification marks or numbers which it uses for each on-
demand item.
5 The administration of origin is not required to provide the a-
dministration of destination with notice prior to sending an
on-demand item.
ARTICLE 5
Charges to be collected from the sender
Each administration shall fix the charges to be collected from
senders for sending items in the service.
ARTICLE 6
Charges and fees to be collected from the addressee
Each administration shall be authorized to collect from the add-
ressee the customs duty and other applicable non-postal fees, if
any, payable on each item it delivers and a charge for the coll-
ection of such fees.
ARTICLE 7
Conditions of acceptance
Provided that the contents do not come within the prohibitions
listed in article 8, each item, to be admitted into the Interna-
tional Express Mail service shall:
(a) be packed in a manner adapted to the nature of the contents
and the conditions of transport;
(b) bear the name and address of the addressee and of the sender
; and
(c) satisfy the conditions of weight and size fixed by article
9.
ARTICLE 8
Prohibitions
1 The provisions of the Convention governing prohibitions shall
be applicable to the insertion of articles in International E-
xpress Mail items.
2 Each administration shall communicate to the other the necess-
ary information concerning customs or other regulations, as w-
ell as the prohibitions or restrictions governing entry of po-
stal items in its service.
ARTICLE 9
Limits of size and weight
1 An item of International Express Mail: (a) shall not exceed 90
0 millimeters for any one dimension nor 2 meters for the sum
of the length and the greatest circumference measured in a di-
rection other than that of the length; and (b) shall not exce-
ed 15 kilograms in weight.
2 The administrations may agree by exchange of correspondence to
change the size and weight limits established in section 1; h-
owever, the maximum weight limit shall in no event be increas-
ed in excess of 20 kilograms.
ARTICLE 10
Treatment of items wrongly accepted
1 When an item containing an article prohibited under article 8
has been wrongly admitted to the post, the prohibited article
shall be dealt with according to the legislation of the count-
ry of the administration establishing its presence.
2 When the weight or the dimensions of an item exceed the limits
established under article 9, it shall be returned to the admi-
nistration of origin if the regulations of the administration
of destination do not permit delivery.
3 When a wrongly admitted item is neither delivered to the addr-
essee nor returned to origin, the administration of origin sh-
all be informed how the item has been dealt with and of the r-
estriction or prohibition which required such treatment.
ARTICLE 11
General rules for delivery and customs clearance
1 Each administration shall, in accordance with is regulations
for the type of service used, make every effort to effect del-
ivery of each item of International Express Mail by the faste-
st means available.
2 Each administration shall make every offort to expedite the c-
ustoms clearance of International Express Mail items.
ARTICLE 12
Undeliverable items
1 After every reasonable effort to deliver an item has proved u-
nsuccessful, the item shall be held at the disposal of the ad-
dressee for the period of retention provided by the regulatio-
ns of the administration of destination.
2 An item refused by the addressee shall be returned immediately
to the administration of origin.
3 Each undeliverable item shall be returned to the aministration
of origin through the International Express Mail service.
4 Neither administration shall charge the other for the return
of undeliverable items.
ARTICLE 13
Items arriving out of course and to be redirected
1 Each item arriving out of course shall be redirected to its p-
roper destination by the most direct route used by the admini-
stration which has received the item.
2 Neither administration shall charge the other for the redirec-
tion of items arriving out of course.
ARTICLE 14
Inguiries
1 Each administration shall answer in the shortest possible tim-
e, not to exceed one month, inquiries relating to any Interna-
tional Express Mail item posted by the other administration.
2 Inquiries shall be accepted only within a period of four mont-
hs from the day after that on which the item was posted.
3 This article does not authorize routine requests for confirma-
tion of delivery.
ARTICLE 15
Allocation of surface costs for traffic imbalances
1 At the end of each year of this Agreement, the administration
which has received a larger quantity of International Express
Mail than it has sent during that year shall have the right to
collect from the other administration, as compensation, an im-
balance charge for the surface handling and delivery costs it
has incurred for each additional item received.
2 Each administration shall establish an imbalance charge per i-
tem which shall correspond to the costs of services.
3 Modifications of the imbalance charge may be made as follows:
a. Each administration may increase its imbalance charge when
such an increase is necessary due to an increase in the co-
ts of services.
b. To be applicable, any such modification of the imbalance c-
harge must:
(i) be communicated to the other administration at least t
hree months in advance;
(ii) remain in force for at least one year.
4 No imbalance charge shall be collected if the difference in t-
he number of items exchanged is less than one thousand.
ARTICLE 16
Internal air conveyance dues
Each administration whcih provides air conveyance of items with
in its country shall be entitled to reimbursement of internal a-
ir coveyance dues at rates established in the provisions of the
Convention which govern internal air conveyance dues.
ARTICLE 17
Onward air conveyance
1 The administrations may agree, by exchange of correspondence,
to provide onward air conveyance sernices under the terms of
this article.
2 Each administration shall, upon agreement under section 1 of
this article, provide onward air conveyance services to or fr-
om any country with which it exchanges International Express
Mail items, for items addressed to or originating in the other
administrationand shall provide approximate onward air convey-
ance times.
3 For each item forwarded pursuant to this article, the adminis-
tration providing onward air conveyance services shall be aut-
horized to collect from the other administration the onward a-
ir conveyance rates applicable to airmail under the Conventio-
n.
ARTICLE 18
No additional rates, charges, or fees
The administrations may collect only the rates, charges, and fe-
es established under this Agreement.
ARTICLE 19
Application of the Convention
the Convention or its Detailed Regulations shall be applicable,
where appropriate, by analogy, in all cases not expressly gover-
ned by this Agreement or its Detailed Regulations.
ARTICLE 20
Temporary suspension of service
1 Should extraordinary circumstances justify it, either adminis-
tration may suspend temporarily its operation of the service.
2 Notice of such suspension shall be given immediately to the o-
ther administration.
ARTICLE 21
Detailed Regulations
1 Details of implementation of theis Agreement shall be governed
by its Detailed Regulations.
2 The provisions of the Detailed Regulations may be amended, not
inconsistently with this Agreement, by mutual consent by means
of correspondence between officials of each administration who
have been authorized to make such amendments.
ARTICLE 22
Arbitration
Any dispute which arises between the administrations concerning
the interpretation or application of this Agreement which cannot
be resolved by the administrations to their mutual satisfaction,
shall be settled by arbitration, following the arbitration proc-
edures of the Universal Postal Union at the time that the dispu-
te is submitted by an administration for arbitration. The arbit-
rators shall be chosen from the administrations which provide a
service analogous to International Express Mail service.
ARTICLE 23
Additional rules and regulations
Each administration is authorized to adopt implementing rules a-
nd regulations for its internal operation of the service not in-
consistent with this Agreement or its Detailed Regulations.
ARTICLE 24
Entry into force and duration of the Agreement
1 This Agreement shall enter into force on the date mutually ag-
reed upon by the administrations, after it is signed by the a-
uthorized representatives of both administrations.
2 This Agreement shall expire twelve months after either admini-
stration notifies the other in writing of termination.
Done in duplicate and signed at Taipei on the 11th day of Sep-
tember, 1978, and at Washington, D.C., on the 10th day of Nov-
ember, 1978.
For the Republic of China:
(Signed)
Z.T. Shen
Director, International
Department
For the United States of America:
(Signed)
H. Edgar, S. Stock
Director, International
Postal Affairs
Web site:Laws & Regulations Database of The Republic of China (Taiwan)