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

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1.Signed on March 12 and June 2, 1997; Entered into force on April 1, 1997.
 
Article 1
Definition
The EMS service shall be the quickest postal service by physical
means. It shall consist of the collection, dispatch and delivery
in a very short space of time of correspondence, documents or g-
oods.

Article 2
International EMS within the meaning of the present agreement
Contracting administrations may operate the following types of
EMS:
-programmed items;
-on-demand items.

Article 3
Programmed items
Programmed items shall be accepted on the basis of a contract b-
etween the administration of posting and the sender. This contr-
act shall lay down the timetable for posting and conveying EMS
items as well as their frequency.

Article 4
On-demand items
On-demand items shall be accepted without any contractual arran-
gement and without any previously laid down frequency.

Article 5
Goods
EMS items may contain goods.

Article 6
Customs clearance
Each administration shall make all arrangements necessary for t-
he fastest possible customs clearance of EMS items.

Article 7
Limits of weight and size
EMS items shall be admitted up to a maximum weight of 20 kg. Th-
ey may not exceed 1,50 metres for any one dimension or 3 metres
for the sum of the length and the greatest circumference measur-
ed in a direction other than the length. Administrations may ad-
opt other limits of weight and size.

Article 8
Charges
The charges shall be set by the administration of posting of the
EMS items. Besides the charges paid by the sender, no other cha-
rges will be collected neither from the sender, nor from the ad-
dressee.

Article 9
Prohibited articles
The prohibitions provided for in the UPU Convention shall apply
to EMS items as shall the restrictions on importation and trans-
it given in the List of Prohibited Articles published by the In-
ternational Bureau of the Universal Postal Union. Valuable arti-
cles as defined in the Universal Postal Convention shall not be
admitted and the articles which are excluded from the air trans-
port.

Article 10
Forwarding
EMS items shall be sent by the fastest pre-arranged means of tr-
ansport from the time of posting/or from the time they are coll-
ected from the sender/ to delivery . Administrations shall cons-
ult one another on this.

Article 11
Compensation in the event of imbalance in exchanges
Terminal dues as defined in the Universal Postal Convention sha-
ll not apply to EMS items. Each administration shall set, in the
event of imbalance in exchanges, a unit rate of compensation per
item corresponding to the costs. Compensation shall be collected
if the number of excess items /the imbalance/ is l00 or more.

Article 12
Liability
Each Administration shall decide its own policy in the case of
loss, theft, damage or delay. Neither of the Administrations has
right to collect any compensation from the other. The payment of
compensation, if any , shall be the sole responsibility of the
Administration of origin.

Article 13
Undeliverable items
An item refused by the addressee or an undeliverable item shall
be returned to the sender by EMS at no extra charge.

Article 14
Reforwarding of mis-sent items or bags
Every mis-sent EMS item or bag shall be reforwarded to its prop-
er destination by the most direct means used for the EMS by the
administration which received it.

Article 15
Inquiries
Each administration shall reply as soon as possible to requests
for information in respect of EMS items. The reply shall normal-
ly be sent by the same means as that used for the corresponding
request for information/ie, by telex, telephone, EMS, electronic
mail, etc/. Inquiries may be accepted only within a period of f-
our months from the day after that on which the item was posted.

Article 16
Temporary suspension of service
Where justified by extraordinary circumstances, an administrati-
on may temporarily suspend the service. The other administration
shall be informed immediately of such suspension and of the res-
umption of the service, if need be by telegram, telex, electron-
ic mail or telephone.

Article 17
Application of the Universal Postal Convention
The Universal Postal Convention and its Detailed Regulations sh-
all be applicable by analogy in all cases not expressly governed
by this Agreement and its Regulations.

Article 18
Entry into force
This Agreement shall enter into force on 1st April 1997.
If either Administration notifies the other on the termination
of the Agreement, the Agreement will remain valid for 12 months
after the notice of termination.
The Agreement and the Regulations determine the detailed prescr-
iptions concerning the EMS service.
The modifications and amendments to the Agreement will demand t-
he written consent of the two Administrations.
The Agreement is made in two copies in English.
in Budapest on 12 March 1997
in Taipei on 2 June 1997

[Signed] [Signed]
For the Postal Administration For the Postal Administration
of the Republic of China of the Hungarian Republic
Chen Chiung-ling /L'aszl'o Koz'ak/
Deputy Director General


REGULATIONS CONCERNING EMS ITEMS
Article 101
Communications and information to be sent to the International
Bureau
Administrations shall notify the International Bureau of:
a.the name of the service in their country;
b.the types of service available;
c.whether goods are accepted;
d.the maximum limits of weight and size;
e.the charges set;
f.the countries with which they exchange EMS item;
g.the places in their country in which the service is operated;
h.the offices of exchange to which the mails may be sent and the
area served by those offices;
i.the latest times of acceptance of an item at their offices of
exchange for it to be delivered:
-the same day,
-the following day,
-the next day but one;
j.the time taken for customs clearance of items;
-subject to customs duty,
-not liable to customs duty;
k.acceptance of advice of delivery or equivalent service;
l.the amount requested per additional item in the event of imba-
lance in exchanges.

Article 102
Introduction of the programmed items service
1.Before the conclusion of any contract, the administration of
destination shall be consulted on the possibility of providing
the service. The administration of origin shall obtain for the
administration of destination the following information, at l-
east l0 days before the service comes into operation:
a.the names and addresses of the sender and of the addressee;
b.the days on which items are to be dispatched and the condit-
ions of transport;
c.the date set for the dispatch of the first item.
2.The administrations concerned shall be notified of any variat-
ion in the operation of an exchange or the termination thereof
.

Article 103
Special address labels
It is recommended that the logo and the 13-character item ident-
ifier adopted by the CCPS be printed on the label, and that pro-
vision be made on the label for the following data fields at le-
ast, if at all possible:

Data Description
field
1 Logo, name of the administration of origin and national
name of the service
2 13-character EMS alphanumeric identifier in bar-code fo-
rm
3 13-character EMS alphanumeric identifier in block carac-
ters
4 Date of posting
5 Time of posting
8 Sender's name and address
9 Sender's postcode
12 Addressee's name and address
14 Addressee's postcode
20 Dispatch charge
21 Description of contents
22 Gift
23 Sample of merchandise
24 Value of contents
25 Weight in kg
27 Name in block characters of the person taking delivery
of the item
28 Signature
29 Date of delivery
30 Time of delivery

Article 104
General conditions of dispatch
1 The items shall be placed in blue and orange EMS bags.
2 Each bag shall bear a blue and orange label clearly showing t-
he office of exchange of destination.
3 A special document or a CN31 form to which the indication EMS
has been added shall be sent with each mail.
4 Each item or EMS direct bag shall be entered separately on the
form.

Article 105
Delivery bill
1 A CN38 or CN37 delivery bill, depending on whether it is an a-
irmail or surface consignement, shall be sent with each mail.
2 The CN38 or CN37 delivery bill shall show clearly that the ma-
il contains EMS items.

Article 106
Checking of mails
On receipt of an EMS mail, the administration of destination sh-
all check whether the mail is in conformity with the particulars
recorded on the CN38 or CN37 delivery bill.

Article 107
Notification of irregularities
The administration of origin shall be notified at once by telex,
telephone, electronic mail or telegram of any missing, mis-sent
or damaged bag or item. The irregularity shall be confirmed in
writing.

Article 108
Return of items
Each administration which returns an item shall give the reason
for non-delivery on the item, either written by hand, by means
of a stamped impression or by a label.

Article 109
Accounting and settlement of accounts
The procedure for accounting and settlement of accounts for the
payment of an indemnity in the event of imbalance in exchanges
shall be as follows:
a.each administration shall prepare, at a frequency agreed on in
advance, a recapitulation of the items received;
b.the administration of destination shall inform the dispatching
administration of the number of items received. Discrepancies
shall be cleared up by correspondence;
c.the liquidation account shall be prepared annually. The annual
period shall begin on a mutually agreed date;
d.the creditor administration shall prepare a detailed account,
showing:
-the total number of items received,
-the total number of items dispatched,
-the imbalance,
-the charge payable per item,
-the total amount payable in respect of compensation;
e.the accounts shall be prepared within six months of the last
day of the period concerned.
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