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

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1.Signed on May 5 and July 1, 1997; Entered into force on September 1, 1997.
 
Article 1
OBJECT OF THE AGREEMENT
In accordance with Articles 3 and 57 of the Universal Postal
Convention, an exchange of International EMS items shall take
place between Taiwan, ROC and Romania.

Article 2
DEFINITION
2.1 EMS items shall be posted at regular intervals (Programmed
Service) or irregularly at the request of the sender
(On-demand Service).
2.2 Programmed items shall be conveyed over specially agreed
links to guarantee delivery at the stipulated times.
2.3 On-demand items shall be forwarded to the Administration of
destination over the most rapid links available.
2.4 EMS shall be available between all agreed points in Taiwan,
ROC and Romania.
2.5 EMS is called ”EMS/SPEEDPOST”in Taiwan, ROC
and EMS /POSTRAPID (EMS) in Romania.

Article 3
RECIPROCAL SERVICE
The service shall be reciprocal. Each Administration shall
provide expeditious handling and delivery of incoming EMS
items equal or superior to that provided for domestic postal
items of like character.

Article 4
PROGRAMMED SERVICE
4.1 Both Administrations shall offer Programmed Service on a
contractual basis to customers who agree to use the service
on a designated schedule to send EMS items to designated
addressee.
4.2 An ”Establishment”shall be sent to the other
Administration at least 10 days before a service is
initiated. This Establishment shall contain the following
information:
-the names and addresses of the sender and the designated
addressee
-license or contract number of the sender
-the day or days of the week for mailing
-flight to be used for dispatch
4.3 Both Administrations shall return a copy of Establishment
duly completed with the anticipated delivery time.
4.4 Similar notice shall also be given to both Administrations
before a service is altered or cancelled.
4.5 If for any reason Regular items are not sent, or are to be
sent in a later dispatch, the fact will be indicated on a
special ”Manifest”.


Article 5
ON-DEMAND SERVICE
5.1 The service shall be offered to customers whether already
under contract agreement or not, shipping on a non-scheduled
basis.
5.2 Prior notice of sending is not required.

Article 6
ADMISSIBLE ARTICLES
Business papers, samples and merchandise are admissible
articles.

Article 7
PROHIBITED OBJECTS
The prohibitions provided for in the UPU Convention shall apply
to EMS items likewise the restrictions on entry and transit
given in the List of Prohibited Articles published by the
International Bureau of the Universal Postal Union.

Article 8
LIMITS OF WEIGHT AND DIMENSIONS
8.1 The weight of each item shall not exceed 30 kilogrammes.
8.2 The weight of each mailbag shall not exceed 30 kilogrammes.
8.3 EMS items shall not exceed 1.5 metres for any one dimension
or 3 metres for the sum of the length and the greatest
circumference measured in a direction other than that of the
length.

Article 9
INQUIRIES AND OTHER REQUESTS
9.1 Each Administration shall answer inquiries relating to items
in the shortest possible time.
9.2 Inquiries shall be accepted only within a period of three
months from the date on which the item is posted.
9.3 This paragraph does not authorize routine requests for
confirmation of delivery.

Article 10
UNDELIVERABLE ITEMS
An item refused by the addressee, or any other undeliverable
item, shall be returned, at no charge, to the Administration of
origin by EMS.

Article 11
MISROUTING
11.1 EMS items or dispatches arriving at a wrong destination
shall be sent directly to the proper destination by EMS.
11.2 Each Administration shall charge the other for the
redirection of such EMS items or dispatches.
11.3 If the Administration to which an item is misrouted does
not exchange EMS items with the proper receiving
Administration, the item shall be returned to the
Administration of origin by EMS.
11.4 The dispatching and receiving Administration shall be
informed by fax, telex or telegram of the measures taken.

Article 12
LIABILITY
Each Administration shall decide its own compensation policy in
the case of loss, damage, theft or delay. Payment of
compensation, if any, shall be the sole responsibility of the
Administration of origin. Neither Administration may claim
indemnification from the other Administration.

Article 13
PAYMENT OF POSTAGE
All items shall have postage paid in accordance with methods
approved by each Administration.

Article 14
PACKING
Each item shall be made up in such a way that the contents be
sufficiently protected while permitting quick and easy
verification.

Article 15
INDICATIONS ON THE OUTER COVER
The outer cover of EMS items must contain the following
information:
-”EMS”or the name indicated in Paragraph 2.5
-office and date of posting
-names and addresses of sender and addressee
-other indications requested by the receiving Administration.

Article 16
CHARGES
16.1 Each Administration shall set down its own tariffs and
retain the revenues generated from outgoing traffic.
16.2 Apart from the charges to be paid by the sender, there
shall be no further postal charges payable either by the
sender or by the addressee of an EMS item.

Article 17
CUSTOMS CLEARANCE
Each Administration shall make all arrangements necessary for
the fastest possible customs clearance of EMS items.

Article 18
COMPENSATION IN THE EVENT OF IMBALANCE IN EXCHANGES
18.1 Each Administration shall set, in the event of imbalance in
exchanges, a unit rate of compensation per item
corresponding to the costs.
18.2 Terminal dues and internal conveyance dues as defined in
the Universal Postal Convention shall apply to EMS items.

Article 19
EXPEDITIOUS DELIVERY
The receiving Administration shall make every effort to expedite
clearance through Customs and effect delivery via the fastest
means available.

Article 20
EXCHANGE OF INFORMATION
The Administrations shall exchange the following information:
-the areas to which EMS items can be sent
-anticipated delivery times based on flight arrival
-sorting system of items and the names of the exchange offices
of destination
-flight schedule to be used
-other information necessary to commence and maintain the EMS
service

Article 21
DISPATCHING
21.1 EMS items shall be placed in blue and orange EMS bags
separately from other mail items.
21.2 Each bag shall bear a blue and orange label clearly showing
the office of exchange of destination.
21.3 A special document ”Manifest”or a CN31 form to which the
indication EMS has been added shall be sent with each
dispatch. Each item shall be entered individually on the
form.
21.4 EMs bags shall be sealed.
21.5 EMS bags shall be listed on a separate CN38, using a new
serial dispatch sequence.

Article 22
TEMPORARY SUSPENSION OF SERVICE
Where justified by extraordinary circumstances, each
Administration may temporarily suspend the service. The other
Administration shall be informed immediately of such suspension
and of the resumption of the service by fax, telex, telegram,
electronic mail or telephone.

Article 23
APPLICATION OF THE CONVENTION
The Universal Postal Convention and Detailed Reuglations shall
apply, where appropriate, by analogy, in all cases not expressly
governed by this Memorandum of Understanding.

Article 24
AMENDMEMT
This Memorandum of Understanding may be modified by mutual
agreement on the basis of an exchange of letters including the
text of the modified paragraph(s).

Article 25
ENTRY INTO FORCE
This Memorandum of Understanding shall come into force on a date
mutually agreed upon by the Administrations. It shall remain in
operation until the expiration of twelve months from the date on
which notice of termination is given by either Administration.

Done at Taipei on May 5, 1997

Done at Bucharest on July 1, 1997

in duplicate in the English language.

ON BEHALF OF POSTAL ON BEHALF OF POSTAL
ADMINISTRATION OF TAIWAN, ROC ADMINISTRATION OF ROMANIA

[Signed] [Signed]
Chen Chiung-ling A. Marinescu
Director General of Posts Director of International Posts
Directorate General of Posts
Web site:Laws & Regulations Database of The Republic of China (Taiwan)