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

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1.Signed on July 21 and August 25, 1998; Entered into force on August 25, 1998.
ARTICLE 1. Purpose of the Agreement
This Agreement is drawn up in accordance with the Un iversal Po-
stal Convention and its Detailed Regulations and shall govern t-
he reciprocal exchange of International EMS (Express Mail Servi-
ce) items between the parties to this Agreement-”EMS Garantpost
”of the Russian Federation and the Postal Administration of Ta-

ARTICLE 2. Definitions
The terms used hereafter bear the following significance:
1.International EMS - the service established by this Agreement.
This shall be the quickest postal service by physical means.
It shall consist of the collection, dispatch and delivery of
correspondence, documents or goods.
2.Party-an abbreviated form used to refer to one of the postal
administrations of the countries signatory to this Agreement.
3.On-Demond Service - the International EMS service which allows
a sender to send items to an addressee without any previously
fixed schedule and on a contractual or non-contractual basis.
4.Programmed service - the international EMS service which allo-
ws the sender to send items to an addressee in accordance wit-
ha previously fixed schedule, on a contractual basis.

ARTICLE 3. The EMS network
The EMS service shall be offered in both directions between the
Russian Federation and Taiwan in cities defined by each Party.
Should the service be extended, the Parties shall inform each o-
ther of the names of the cities between which the service is to
be provided.

ARTICLE 4. Prohibited items
Convention in force are applicable to EMS
1.The prohibitions laid down in the UPU items, as are the import
and transit restrictions included in the List of the Prohibit-
ed Articles published by the International Bureau of the Univ-
ersal Postal Union.

ARTICLE 5. Weight and size limits
1.The weight of the item shall not exceed 30kg.
2.The weight of each EMS mailbag shall not:exceed 31,5 kg.
3.EMS items shall not exceed 1,5 m for any one dimension or 3 m
for the sum of the length and the greatest circumference meas-
ured in a direction other than that of the length.

ARTICLE 6. Dispatching
1.The items shall be placed in blue and orange EMS bags.
2.Each bag shall bear a blue and orange label CN35 clearly show-
ing the office of exchange of destination, number of dispatch
and weight of the bag and number of items dispatched in it.
3.An EMS manifest shall accompany each dispatch, inserted in the
final bag. CN31 letter bill or CN 33 special list may be used
as a manifest. Each item shall be entered seperately on the m-
4.An air mail delivery bill CN38 indicating clearly that the ma-
il contains EMS items shall accompany each dispatch. The total
number of items and bags and total weight of the bags in the
dispatch shall be entered on the air mail delivery bill.

ARTICLE 7. Packing
1.Each EMS item must be packed and closed in a manner befitting
the weight, the shape, and the nature of the contents as well
as the mode and duration of conveyance.
2.Each EMS item must be packed and closed as not to present any
dangers to officials called upon to handle it, and not to soil
or damage other mail or postal equipment.
3.Each EMS item must be packed and closed such that it is impos-
sible to tamper with the contents without leaving clear traces

ARTICLE 8. Verification of EMS
dispatches and their contents
1.Upon receipt of an EMS dispatch, the administration of destin-
ation shall verify that the dispatch is consistant with the e-
ntries on the air mail delivery bill CN38 and letter bill CN31
and/or special list CN33.
2.Any evidence of missing, or damaged bags of items shall be re-
ported to the administration of origin confirmed by verificat-
ion note CN43 and by fax.

ARTICLE 9. Charges
Taking into account prices and requirements of the market, each
Party shall determine the charges to be paid by senders for dis-
patch of EMS items and retain all the revenue obtained.

ARTICLE 10. Compensation in the event of imbalance in exchanges
1.In the event of an imballance in exchanges, the Party which r-
eceives a greater number of items than the total it dispatches
during the year has the right to claim from the other Party a
remuneration for handling and delivery expences in respect of
each surplus item received.
2.Each Party shall establish an imbalance charge per item which
shall correspond to the costs of services.
3.By mutual agreemerit both Parties will apply the imbalance ch-
arge 9 SDR.
4.Each Party may increase its imbalance charge when such an inc-
rease is necessary due to an increase in the costs of services
. To be applicable, any such modification of the charge must
be communicated to the other Party at least 3 months in advan-
ce and should remain in force for at least one year.
5.The imbalance charge shall be collected if the difference in
the number of items exchanged is more than one hundred.

ARTICLE 11. Internal air conveyance dues
1.Each Party which provides air conveyance of items within its
country shall be entitled to reimbursement of internal air co-
nveyance dues at rates established in the provisions of the U-
niversal Postal Convention which govern internal air conveyan-
ce dues.
2.The accounts for internal air conveyance shall be prepared qu-

ARTICLE 12. Customs clearance
1.Customs clearance of EMS items shall be in accordance with the
inner legislation of the contracting Parties.
2.Each Party will make all arrangements necessary for the exped-
ious customs clearance of EMS items.

ARTICLE 13. Liabilities
Each Party shall decide its own compensation policy in the case
of loss, damage, theft or delay of EMS items posted in their co-
untry. The administration of origin shall be responsible for ma-
king indemnity payments to its senders, without recourse to the
administration of destination.

ARTICLE 14. Undeliverable items
1.An item refused by the addressee or any other undeIiverable i-
tem shall be returned at no extra charge to the Party of orig-
in by International EMS.
2.Neither Party shall charge the other for the return of undeli-
verable items.
3.Each Party returning an undeliverable item shall clearly give
the reasons for non-delivery of the item.

ARTICLE 15. Redirection of items or bags arriving out of course
1.Each EMS item or bag arriving out of course shall be redirect-
ed to its proper destination by the most direct rout used by
the administration which has received the item.
2.Neither Party shall charge the other for the redirection of i-
tems arriving out of course.
3.The redirecting administration shall notify the administration
of origin, by fax or telephone, of the details concerning the
arrival and redirection of each item or bag arriving out of c-

ARTICLE 16. Transit despatches
The administrations will provide, by prior arrangement, transit
by air for EMS despatches sent via their respective services, to
destination countries with which EMS items are eschanged. They
will advise each other of refonvardino and transit facilities.
Reogular use of these facilities shall be the subject of a sepa-
rate agreement, which will include transit rates.

ARTICLE 17. Enquiries
1.Each Party shall answer within a week 1 enquiries relating to
any EMS item posted by the other Party.
2.Enquiries shall be accepted only within four months from the
day of posting.

ARTICLE 18. Period of retention of documents
1.Documents of the service shall be kept for a minimum period of
six months from the day following the date to which they refer
2.A document concerning a dispute or an enquiry shall be kept u-
ntill the matter has been settled.

ARTICLE 19. Temporary suspension of Service
Where justified by extraordinary circumstances either Party may
temporarily suspend the EMS service. The other Party shall be i-
nformed irnmediateiy of such a suspension and of the resumption
of service by telex, facsimile or electronic mail.

ARTICLE 20. Accounting, settlement of accounts
1.Accounts shall be settled in accordance with the provisions of
the UPU Convention in force and its Detailed Reogulations.
2.The procedures for accounting and settlement of accounts in t-
he event of imbalance in exchange shall be as follows:
a) Each Party shall prepare quarterly a statement of EMS items
received which indicates the number of items received based
upon the air mail delivery bills CN38. These statements shall
be forwarded to the Party of origin within 2 months following
the quarter to which they relate;
b) After verifying the statement of the items received the orig-
in Party shall advise the administration of destination of i-
ts acceptance. If verification reveiles any discrepancies, a
corrected statement shall be returned to the Party of destin-
ation duly accepted and amended. If the Party of destination
disputes the amendments, it shall confirm the actual data by
sending photocopies of relevant EMS air mail bills CN 38 com-
piled by the origin Party and/or CN 43 verification notes CN
43 to the Party of origin. If the destination Party has rece-
ived no notice of amendment within 3 months from the date of
fonwarding the statement of EMS items received, the statement
shall be regarded as fully accepted;
c) After each Party has accepted the statement of received items
prepared by the other for all quarters of the expired year,
the creditor Party shall prepare an annual detailed account
which indicates:
-the total number of EMS items received and dispatched;
-imbalance in exchanges;
-the imbalance charge per EMS item, fixed by the Party of de-
stination, and the total amount due;

ARTICLE 21. Alterations or amendments
1.This Agreement may be altered or amended by mutual consent by
means of correspondence between the contracting Parties.
2.All correspondence between the Parties including enquiries, r-
equests, verification and other notes, as well as replies to
them, shall be sent by facsimile or in official letters by In-
ternational EMS.

ARTICLE 22. Arbitration
Any dispute which arises between the Parties concerning the int-
erpretation or application of this Agreement which cannot be re-
solved by them to thsir mutual satisfaction, shall be settled by
arbitration, following the arbitration procedures of the UPU at
the time that the dispute is submitted by either Party for arbi-

ARTICLE 23. Application of the Universal Postal Convention
The Universal Postal Convention and its Detailed Regulations sh-
all be applicable, where appropriate, by analogy, in all cases
not expressly governed by this Agreement.

ARTICLE 24. Entry into force and duration
1.This Agreement shall enter into force on the date mutually ag-
reed upon by the Parties, after it is signed by the authorised
representatives of both Parties.
2.This Agreement shall expire three months after either Party n-
otifies the other in writing of termination.

Chen Chiung-ling
Director General of Posts
DATE: August 25, 1998
Web site:Laws & Regulations Database of The Republic of China (Taiwan)