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

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1.Signed on December 28, 1990; Entered into force retroactively on July 3, 1989.
 
Article 1 PURPOSE OF AGREEMENT
This memorandum regulates the reciprocal exchange of Internatio-
nal EMS items between the two contracting administrations.

Article 2 DEFINITIONS
The terms used hereafter bear the following significance:
2.1 International EMS -- the service established by this memora-
ndum.
Programmed service -- the International EMS service which a-
llows a sender to send items to an addressee in accordance
with a previously fixed schedule, on a contractural basis.T-
his will operate from Ethiopia to TAIWAN, ROC and from TAIW-
AN, ROC to Ethiopia.
2.3 On-demand service -- the International EMS service which al-
lows the sender to send items to an addressee without a pre-
viously fixed schedule and on a contractural or non- contra-
ctural basis. This will operate hom Ethiopia to TATWAN, ROC
and from TAIWAN, ROC to Ethiopia.

Article 3 PROGRAMMED SERVICE
3.1 Each administration shall offer a programmed service on a c-
ontractural basis to users who agree to use the service,on a
previously agreed level of frequency.
3.2 Each administration shall supply the other with a list of d-
elivery areas where the service is available, together with
a list of the delivery standards applicable to items sent to
those addresses in those areas.
3.3 Prior to the signing of any contract with the sender, the d-
estination Administration shall be consulted with regard to
the routing and delivery standards, by means of a form drawn
up for that purpose, at least 10 days prior to the commencem-
ent of the service.
3.4 The form shall contain the following information:
-- the name and addresses of the sender and the addressee.
-- the days on which the items are to be despatched and the
conditions of transport.
-- the date of despatch of the first item.
3.5 The administrations concerned shall be notified of any vari-
ation in the operation of an exchange or the termination th-
ereof.

Article 4 SUMMARY OF SERVICE
4.1 Programmed and on-demand service shall be available for Bus-
iness Paper items between Ethiopia and TAIWAN ,ROC and TAIW-
AN, ROC and Ethiopia.
4.2 Programmed and on-demend services shall be available for me-
jrchandise items between Ethiopia and TAIWAN, ROC and TAIWAN
, ROC and Ethiopia.

Article 5 POSTAGE
All items shall be stamped,franked or marked in accordance with
the method admitted by the administration of origin. Article 6
FEES TO BE PAID BY THE SENDER
Each administration shall determine the fees to be paid by the
senders for the despatch of their items, and shall retain all t-
he revenue obtained.

Article 7 CHARGES AND FEES TO BE PAID BY THE ADDRESSEE
Each administration is authorised to collect,from the addressee,
any customs charges, duty, taxes, and any other fees which have
been incurred.

Article 8 PROHIBITED ITEMS
8.1 The prohibitions provided for in the UPU convention shall a-
pply to EMS items, as shall the restrictions on importation
and transit given in the list of prohibited articles publis-
hed by the International Bureau of the Universal Postal Uni-
on.
8.2 Valuable articles as defined in the Universal Postal Conven-
tion shall not be admitted.

Article 9 ADMITTED ITEMS
Each administration shall communicate to the other the necessary
information on Customs and/ or any other regulations relating
to prohibitions or restrictions, governing entry of postal items
, including valuables into its service.
9.2 Each administration shall arrange for expeditious customs c-
learance of EMS items, and shall make every effort to forwa-
rd each item by the fastest available means.

Article 10 SIZE AND WEIGHT LIMITS
10.1 International EMS items exchanged under the terms of this
memorandum shall normally be subject to the following size
limits.
-- length+girth combined=3 metres
-- maximum of 1.5 metres in any one dimension.
l0.2 International EMS items exchanged under the terms of this
memorandum, shall normally be subject to the following wei-
ght limit:
-- maximum weight for any single item of 30 kg.
-- no limit on the weight of a consignment.
10.3 The weight of individual EMS bags exchanged shall not norm-
ally exceed 20 kg.
10.4 Items and/or bage exceeding these size and weight limits m-
ay be exchanged provided that each Administration gives fo-
rmal agreement.

Article 11 TREATMENT OF ITEMS WRONGLY ACCEPTED
11.1 When an item prohibited under Article 8 and 9 of this memo-
randum, is found to have been wrongly admitted to the EMS
service, the prohibited article shall be dealt with accord-
ing to the legislation of the Administration establishing
its presence.
11.2 When the weight and / or the dimensions of an item exceed
the limits established under Article 10.1 and 10.2 of this
memorandum, and no formal agreement has been made for the
exchange of the item,it shall be returned to the Administr-
ation of origin,as an International EMS item,if the regula-
tions of the Administration of destination do not permit d-
elivery.
11.3 When a wrongly admitted item is neither delivered to the a-
ddressee, nor returned to origin,the Administration of Ori-
gin shall be informed how the item has been dealt with and
of the reasons justifying such treatment.

Article 12 UNDELIVERABLE ITEMS
12.1 After every reasonable effort to deliver an item has proved
unsuccessful, the item shall be held at the disposal of the
addressee for a period of 7 days. The administration of or-
igin shall then be consulted regarding the disposal of the
item.
12.2 An item refused by the addressee or any other undeliverable
item shall be returned at no extra charge, by EMS to the s-
ender.
12.3 Each administration returning an undeliverable item, shall
give the reasons for non - delivery on the item, either wr-
itten by hand, by means of a stamped impression, or by a l-
abel.

Article 13 RE-FORWARDING OF MISSENT ITEMS AND / ORBAGS
to its correct destination by the most direct route used by the
Administration which has received the item and / or bag.
13.2 The Administration of origin shall be notified at once by
teleK, telephone, electronic mail or telegram of the irreg-
ularity. This shall be confirmed in writing to the Adminis-
tration of origin.
Article 14 ENQUIRIES
14.1 Each administration shall reply as soon as possible to req-
uests for information in respect of EMS items.
14.2 The reply shall normally be sent by the same means used for
the original request for information, (i.e.by telex, telep-
hone, EMS, electronic mail, facsimile, etc)
14.3 Regular requests for confirmation of delivery shall not be
admitted,unless agreed by both Administrations.
14.4 Requests for information shall only be accepted within four
months of the day following the date of posting.

Article 15
REMUNERATION IN THE EVENT OF IMBALANCE IN EXCHANGES
13.1 Each mis-sent item and/or bag shall be re-forwarded, at no
charge, 15.1 Terminal dues,as defined in the Universal Pos-
tal Convention, shall not apply to EMS items.Each Administ-
ration shall agree, in the event of an imbalance in exchan-
ges, a unit rate of compensation per item of imbalance, ac-
cording to the costs.
15.2 The unit rate to be used in the event of an imbalance of e-
xchange between the Ethiopian and TATWAN, ROC Administrati-
on, shall be 6 SDR per item of imbalance.
15.3 The rate shall be applicable for a period of one year from
the operative date of this memorandum or as agreed by both
Administrations.
15.4 Any change to the rate of compensation for imbalance shall
be agreed by both Administrations at least 3 months in adv-
ance of the date of implementation.

Article 16 ACCOUNTING AND SETTLEMENT OF ACCOUNTS
16.1 Each administration shall prepare, at six monthly intervals
, a recapitulation of the items received.
16.2 The administration of destination shall confirm with the d-
espatching administration, the number of items received, w-
ith any discrepancies being resolved by correspondence.
16.3 The liquidation account shall be prepared annually, with t-
he annual period beginning on a mutually agreed date.
16.4 The creditor administration shall prepare a detailed accou-
nt showing:
-- the total number of itesm received
-- the total number of items despatched
-- the imbalance
-- the charge payable per item
-- the total amount payable in compensation.
16.5 The accounts shall be prepared within six months of the la-
st day of the period concerned.

Article 17 LIABULITY OF ADMLNISTRATION
17.1 Each administration shall determine its own policy in the
event of loss, damage, delay or theft in respect of EMS it-
ems.
17.2 Payment of compensation, if any,or refund of postal charges
,shall be the sole responsibility of the Administration of
origin.

Article 18 EXPENSES FOR AIR TRANSPORT WITHIN THE COUNTRY OF DE-
STINATION
Any expenses for air transport within the country of destination
shall be payable by the Administration of destination.

Article 19 TRANSIT DESPATCHES
19.1 Each Administration agrees to provide transit by air for d-
espatches sent via thier respective services, and to advise
each other of the reforwarding and transit facilities avai-
lable.
19.2 Each Administration undertakes to provide transit for desp-
atches addressed to or originating from another administra-
tion with which EMS despatches are exchanged, following the
signing of a separate formal agreement.

Article 20 TEMPORARY SUSPENSION OF THE SERVICE
20.1 Where justified by extraordinary circumstances, either adm-
inistration may temporarily suspend the service.
20.2 The other administration shall be informed immediately of
the suspension and of the resumption of the service, by te-
lex, telephone facsimile electronic mail or any other expe-
ditious method.

Article 21 GENERAL CONDITIONS OF DESPATCH
21.1 The items shall be placed in blue and orange EMS bags
21.2 Each bag shall bear a blue and orange lable, clearly showi-
ng the office of exchange of destination.
21.3 A special document, or C12 form, to which the indication E-
MS has been added, shall be sent with each mail.
21.4 Each item or EMS direct bag shall be entered separately on
the form.

Article 22 DELNERY BILL
22.1 An AV7 delivery bill shall be sent with each mail.
22.2 The AV7 delivery bill shall show clearly that the mail con-
tains EMS items.

Article 23 CHECKING OF MAILS
23.1 On receipt of on EMS mail, the Administration of destinati-
on shall check whether the mail is in confermity with the
particulars recorded on the AV 7 delivery bill.
23.2 The administration of origin shall be notified at once by
telex, telephone, facsimile or electronic mail, of any mis-
sing or damaged bags / items. The irregularity shall be co-
nfirmed in writing.

Article 24 USE OF NAIL BAGS Each
administration may use EMS bags belonging to the other administ-
ration for making up EMS despatches to the other.

Article 25 APPLICATION OF THE CONVENTION
The convention of the Universal Postal Union is applicable by a-
nalogy in all cases not expressly described in this memorandum.

Article 26 NOTICE OF TERMINATION OFMEMORAMDUM
26.l Notice of termination of this memorandum may be given by e-
ither of the contracting administrations.
26.2 The memorandum will be terminated six months after the date
of notice of termination

Article 27 EFFECTIVE DATE
The terms and conditions of this memorandum shall take effect f-
rom 3 July 1989.
Signed on behalf of the Ethiopian Postal Service
[Signed]
LULABESHA RETTA
GENERAL MANAGER
Signed on behalf of
TAIWAN, ROC
[Signed]
HOSHENG KSIA
DIRECTOR GENERAL
OF POSTS
TAIPEI
DEC 28, 1990
Web site:Laws & Regulations Database of The Republic of China (Taiwan)