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

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1.Signed on August 24 and September 15, 1987; Entered into force on September 15, 1987.
 
Article 1
Purpose of the Memorandum
This Memorandum regulates the reciprocal exchange of Internatio-
nal EMS (Express Mail Servic) items between the Postal Administ-
ration of Republic of China and the Postal Administration of the
Republic of Indonesia.

Article 2
Defintions
The terms used hereafter bear the following significance :
1.International EMS- The service established by this Memorandum.
2.Programmed Service - The International EMS service which allo-
ws the sender to send items to an addressee in accordance with
a previously fixed schedule, on the basis of a contract.
This will operate from Indonesia to Republic of China and from
Republic of China to Indonesia.
3.On-demand Service - The International EMS sevrice which allows
the sender to send items to an addressee without a previously
fixed schedule and upon a contractual or noncontractual basis.
This will operate from Republic of China to Indonesia and from
Indonesia to Republic of China.
4.Convention - The Universal Postal Convention adopted by the C-
ongress of the Universal Postal Union from time to time and a-
dopted by the countries signatory to this Memorandum.

Article 3
Programmed Service
1.Whenever possible each Administration offers a programmed ser-
vice on a contractual basis to users who agree to use the ser-
vice on a previously fixed level of frequency for sending the-
ir items to a designated addressee.
2.Each Administration supplies the other with a list of localit-
ies to which the programmed service is available and with an
approximate table of the delivery times for items in each loc-
ality.
3.Before the conclusion of any contract, the Administration of
destination is consulted on the possibility of guaranteeing
the service, by means of a form drawn up for that purpose.
4.When a cpntract for programmed service is concluded, the Admi-
nistration of destination will receive fom the Administration
of origin the following information, at least ten days before
the service comes into Operation :
a.The contract number of the user concerned in each item.
b.The names and addresses of the sender and the addressee.
c.The days on which items are to be despatched.
d.Flightsto beused.
e.Time of delivery of the items, determined during the prelim-
inary enquiry.
f.The date fixed for the despatch of the first item
5.The Administration of destination is likewise informed within
the same period, and by means of a similar notification, of a-
ny intended variation in the operation of an exchange, or the
termination thereof.

Article 4
On - demand Service
1.Each Administration offers an on-demand service, operated on a
contra0ctual or non - contractual basis.
2.Each Administration supplies the other with a list of localit-
ies to which on - demand service items may be sent.
3.Each Administration supplies the other with an approximate sc-
hedule of delivery times for each locality where on-demand se-
rvice is admitted. This schedule shall be based on the intern-
ational time tables of flights used for despatch of the said
items, and shall take into account the time of arrival at the
exchange office of destination.
4.Each Administration informs the other of all identifying marks
or figures used for on - demand service.

Article 5
Summary of Services
1.On-demand service will be operated for letters and business p-
apers from Republic of China to Indonesia.
2.Programmed and on-demand services will be operated for busine-
ss papers and merchandise from Indonesia to Republic of China.

Article 6
Fees to be paid by the sender
Each Administration determines the fees to be paid by senders f-
or despatch of their items and keeps them whole of the revenue
obtained.

Article 7
Postage
The items shall be stamped or franked in accordance with the met-
hod admitted by the Administration of origin.

Article 8
Charges and fees to be paid by the addressee
Each Administration its authorised to collect from the addressee
the customs charges and any other fees.

Article 9
Prohibited items
The prohibitions laid down in the Convention are applicable to
EMS items, likewise the import and transit restrictions included
in the List of Prohibited Articles published by the Intrenation-
al Bureau of the Universal Postal Union.

Article 10
Admitted items ; customs clearance
1.Each Administration shall communicate to the other the necess-
ary information on customs or other regulations as well as the
prohibitions or restrictions governing entry of postal items,
above all those containing valuables, into its service.
2.Each Administration arranges for expeditious customs clearance
and makes every effort to forward each item by the fastest me-
ans.

Article 11
Size and weight limits
An international EMS item may not, as a rule, exceed 900 mm(3'0"
) length, width, and depth combined, and 600 mm(2'0")for the gr-
eatest single dimension, or in the form of a roll 1040 mm(3'5")
length, plus twice the diameter and 900 mm(3'0'') for be greate-
st single dimen- sion. The weight may not exceed 10 kg.

Article 12
Treatment of items wrongly accepted
1.Whe an item containing an article prohibited under articles 9
or 10 has been wrongly admitted to the post, the prohibited a-
rticle is dealt with according to the legislation of the Admi-
nistration establishing its presence.
2.When the weight or the dimensions of an item exceed the limits
established under article 11, it is returned to the Administr-
ation of origin as an International EMS item if the regulatio-
ns of the Administration of destination do not permint delive-
ry.
3.When a wrongly admitted item is neither delivered to the addr-
essee nor returned to origin, the Administra- tion of origin
is informed how the item has been dealt with and of the reaso-
ns justifying such treatment.

Article 13
Undeliverable items. Return to origin
1.After every reasonable effort to deliver and item has proved
unsuccessful, the item is held at the disposal of the address-
ee for the period of retention provided for ty the regulations
at the Administration of destination.
2.An item refused by the addressee or any other undeliverable i-
tem is returned, at no charge, to the Admini-stration of orig-
in by International EMS.

Article 14
Itmes or bags arriving out of course and to be redirected
1.Each item or bag arriving out of course is redirected to its
proper destination by the most direct route used by the Admin-
istration which has received the item or bag.
2.For each item or bag redirected to its proper destination by
air, the redirecting Administration is authorized to collect
from the other Administration the onward air conveyance dues
applicable to airmail under the Convention.

Article 15
Enquiries
1.Each Administration is to reply as soon as possible to reques-
ts for information in respect of any item.
2.Regular requests for confirmation of delivery are not admitted
as a rule.
3.Requests for information are accepted only within four months
of the day following the date of posting.

Article 16
Remuneration in the case of imbalance
1.The Administration which receives a greater number of items t-
han the total despatched has the right to claim from the other
Administration a remuneration for handling and delivery expen-
ses in respect of each surplus item received.
No imbalance charge will be payable if the difference in the
number of items exchanged during the year is less than one hu-
ndred.
2.The imbalance charge per item received in excess which shall
be a contribution towards the additional costs incurred will
be 10 gf. Any change in the rate is to be mutually agreed 3 m-
onths prior to the applica- tion of the change.

Article 17
Expenses for domestic air transport within the country of desti-
nation Expenses for domestic air transport within the country of
destination are payable by the receiving country.

Article 18
Transit despatches
1.The Administrations may agree, by correspondence, to provide
transit by air for despatches sent via their respective servi-
ce.
They will advise one another of reforwarding and transit faci-
lities.
2.In accordance with Paragraph 1 above, each Administration will
undertake to provide transit for despatches addressed to or o-
riginating from another Administration with which EMS items a-
re exchanged, and advise the approximate time required for ca-
rrying out this service.
3.For each despatch forwarded pursuant to this Article, the tra-
nsit Administration is authorized to collect from the other A-
dministration the onward air conveyance dues applicable to air
mail under the Convention.

Article 19
Liability of Administration
Each Administration decides its own compensation policy in the
case of loss, damage, theft or delay. Payment of compensation,if
any, is to be the sole responsibility of the Administration of
origin. Neither Administration may clai mindemnification from t-
he other Administration, unless previously agreed.

Article 20
Temporary suspension of service
Where justified by extraordinary circumstances, either Administ-
ration may temporarily suspend service. The other Administration
must be informed immediately of such suspension and of the resu-
mption if need be by telegram, telex, telephone or facsimile tr-
ansmission.

Article 21
Application of the Convention
The Convention is applicable by analogy in all cases not expres-
sly described in this Memorandum.

Article 22
Duration of Memorandum
The Memoradum will remain valid for six months after notice of
termination is given by one or other of the contracting Adminis-
trations.
The Administrations can agree to extend this period to one year.

Article 23
Use of Mail Bags
Each Administration may use bags belonging to the other Adminis-
tration for making up despatches to the other.

Article 24
Effective date
The present Memorandum becomes effective 15 September 1987 Sign-
ed in duplicate in Taipei on the Ist day of September, 1987 and
in Jakarta on 24th day of August 1987
For the Postal Administration of the Republic of China,
[Signed]
(Charles C.Y.Wang)
Director General of Posts
For the Postal Administration of the Republic of Indonesia,
[Signed]
(DRADJAT SOEPAAT)
Deputy Director General (Posts and Giro)
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