ARTICLE 1
PURPOSE OF THE MEMORANDUM
1 This Memorandum of Understanding records the understandings a-
nd arrangements reached between the Postal Administrations of
Taiwan, Republic of China and Solomon Islands in relation to
the exchange of international express mail service items in a-
ccordance with Article 6 of the Universal Postal Convention.
2 The service established by this Memorandum of Understanding is
the International Express Mail Service (EMS). The domestic co-
unterpart of which is International Express Mail in Solomon I-
slands and Speedpost in Taiwan, Republic of China.
ARTICLE 2
DEFINITIONS
The following terms used in the Memorandum have the meanings in-
dicated :
1 Administration--an abbreviated form used to refer to one of t-
he postal administrations signatory to this Memorandum of Und-
erstanding.
2 Convention--the Universal Postal Convention of the Universal
Postal Union,adopted by the administrations signatory to this
Memorandum of Understanding.
3 Detailed Regulations of the Convention-the Detailed Regulatio-
ns of the Universal Postal Convention.
4 On-Demand Service--a service provided for a sender to mail EMS
items without previous advice on a non contractual basis, to
addressees in designated locations.
ARTICLE 3
ON-DEMAND SERVICE
1 Each administration will offer an On -demand Service to desig-
nated locations, a list of which is provided to the other adm-
inistration,
2 Each administration will provide to the other administration a
schedule of approximate delivery times to each location to wh-
ich the On-demand Service is available, based upon scheduled
flight arrival times.
3 Each administration will inform the other administration of a-
ll identification marks or numbers which it uses for On-demand
items.
4 The administration of origin is not required to provide the a-
dministration of destination with notice prior to sending an
On-demand item.
ARTICLE 4
FEES TO BE PAID BY SENDER
1 Each administiation will fix the Express Mail Service fees to
be collected from its customers and will retain all the reven-
ue derived therefrom.
ARTICLE 5
POSTAGE
1 Each item will be stamped or franked in accordance with the m-
ethod admitted by the administration of origin.
ARTICLE 6
EXPENSES AND FEES TO BE PAID BY THE ADDRESSEE
1 Each administration may collect from the addressee the customs
duty and other applicable non--postal fees, if any,payable on
each item it delivers and to charge for the collection of such
fees.
ARTICLE 7
PROHIBITED ITEMS
1 The prohibitions and restrictions laid down in the Convention
and in the List of Prohibited Items published by the Internat-
ional Bureau of the Universal Postal Union will apply also to
EMS items.
2 In addition, the following articles are not accepted in EMS i-
tems :
Coins, negotiable securites, platinum, gold or silver (worked
or not), precious stones, jewellery and other valuable object-
s.
ARTICLE 8
ADMITTED ITEMS:
CUSTOMS CLEARANCE
1 Each administration will advise the other administration of t-
he items which are acceptable for transmission, and those whi-
ch are subject to customs examination.
2 Each administration will arrange for expeditious customs clea-
rance and, in accordance with its regulations for the type of
service used, will make every efforts to effect delivery of e-
ach item by the most rapid means available.
ARTICLE 9
SIZE AND WEIGHT LIMITS
An EMS item :
1 may not exceed 1.05 metres for any one dimension nor 3 metres
for the sum of the length and the girth ;
2 may not measure less than 90x140mm with a tolerance of 2mm ;
and 3. may not exceed 20 kilogrammes in weight.
ARTICLE 10
TREATMENT OF ARTICLES WRONGLY ACCEPTED
1 When an item containing an article prohibited under Article 7
has been wrongly admitted to the post, the prohibited article
will be dealt with in accordance with the legislation of the
administration establishing its presence.
2 When the weight or the dimensions of an item exceed the limit-
s established under Article 9 it will be returned to the admi-
nistration of origin as an EMS item if the regulations of the
administration of destination do not permit delivery.
3 When an item wrongly admitted is neither delivered to the add-
ressee nor returned to orgin, the administration of origin wi-
ll be informed of how the item has been dealt with, and of the
restriction or prohibition which required such treatment.
ARTICLE 11
UNDELTVERABLE ITEMSRETURN TO ORIGIN
1 After every reasonable effort to deliver an item has proven u-
nsuccessful, the item will be held for the period of retention
provided by the regulations of the administration of destinat-
ion.
2 An item refused by the addressee or any other undeliverable i-
tem is returned at no charge to the administration of origin
by International EMS.
ARTICLE 12
ITEMS OR BAGS ARRIVING OUT OF COURSE AND TO BE REDIRECTED
1 Each item or bag arriving out of course will be redirected at
no charge to its proper destination by the most direct route
used by the administration which received the item or bag.
ARTICLE 13
ENQUIRIES
1 Each administration will respond in the shortest possible time
, not to exceed one month, to enquiries relation to items.
2 Enquiries will be accepted only within a period of four months
from the day after that on which the item was posted.
3 This Article does not authorise routine requests for confirma-
tion of delivery.
ARTICLE 14
REMUNERATION IN THE CASE OF IMBALANCE
1 At the end of each calendar year (i.e.3 1st December) the adm-
inistration which has received a larger quantity of EMS items
than it has sent during that year may collect from the other
administration an imbalance charge as compensation for the ha-
ndling and delivery costs it has incurred for each additional
item received.
2 No imbalance claim will be payabel where the difference in the
number of items exchanged during the year is less than one hu-
ndred.
3 Modifications to the imbalance charge may be made as follows
:
(a) Each administration may increase its imbalance charge when
necessary due to an increase in the cost of service.
(b) To be applicable, any such modification of the imbalance ch-
arge will :
-- be communicated to the other administration at least thr-
ee months in advance.
--remain in force for at least one year, unless this Memor-
andum of Understanding is terminated in accordance with
Article 22.
ARTICLE 15
EXPENSES FOR DOMESTIC AIR TRANSPORT WITHIN THE COUNTRY OF DEST-
INATION
Expenses for Domestic Air Transport within the country of desti-
nation are payable by the receiving country.
ARTICLE 16
TRANSIT DESPATCHES
1 Each administration will provide transit for EMS and despatch-
es to or from any administration with which it exchanges such
items or despatches.
2 For each item or despatch forwarded pursuant to this paiagraph
, the administration proving onward air conveyance will be en-
titled to collect dues from the other administration in accor-
dance with the provisions of the Convention.
ARTICLE 17
LIABILITY OF ADMINISTRATIONS
1 Each administration will decide its own compensation policy in
the case of loss, damage, theft or delay. Payment of compensa-
tion, if any, will be the sole responsibility of the administ-
ration of origin. Neither administration may claim indemnific-
ation from the other administration.
2 Each administration may collect only the rates, charges, and
fees established under this Memorandum of Understanding.
ARTICLE 18
TEMPORARY SUSPENSION OF SERVICE
1 Each administration may temporarily suspend the service, eith-
er wholly or in part, should circumstances justify this.
2 The administration suspending the service will immediately no-
tify the other administration of such suspension, and of the
resumption, by telegram, telex or telephone.
ARTICLE 19
APPLICATION OF THE CONVENTION
1 The Convention and its Detailed Regulations will apply, where
appropriate, by analogy, in all cases not expressly governed
by this Memorandum of Understanding or by its Details of Impl-
ementation.
ARTICLE 20
EXECUTION OF MEMORANDUM
1 Matters necessary to ensure the execution of this Memorandum
of Understanding are annexed hereto in one form of Details of
Implementation. In addition, each administration may adopt me-
asures for the internal operation, of its services not incons-
istent with this Memorandum of Understanding or its Details of
Implementation.
ARTICLE 21
MODIFICATION OF MEMORANDUM
1 This Memorandum of Understanding and its Details of Implement-
ation may be modified by mutual consent on the basis of an ex-
change of letters.
ARTICLE 22
DURATION OF MEMORANDUM
1 After this Memorandum of Understanding has been in effect for
one year, it may be terminated by mutual consent, or by either
party which has notified the other or its intention to do so
six months before the date of termination.
ARTICLE 23
DATE OF EFFECT
1 This Memorandum of Understanding will take effect on a date m-
utually arranged between the administrations.
Signed in duplicate in Honiara, Solomon Islands on : 19/12/86
and in Taipei on : 2/4/87
[Signed]
For the Postal Administration of Solomon Islands
Following
[Signed]
For the Postal Administration of the Republic of China
Details of Implementation of Memorandum of Understanding between
the Postal Administrations of Solomon Islands and Taiwan concer-
ning the international Express Mail Service (EMS) have been dra-
wn up in accordance with Article 20 of that Memorandum.
(i) Each administration will notify the other administration of:
(a) its laws or regulations applicable to the conveyance of EMS
items ;
(b) the rates and dues established according to the provisions
of the Memorandum of Understanding ;
(c) the forms, labels, and other documentation which it requires
in the service ; and
(d) the minimum time required to effect the transit of EMS items
or despatches.
(ii) Any change to the information mentioned is sub-paragraph l.
(i) will be communicated in writing immediately to the oth-
er administration.
2 Each item admitted will :
(a) bear, in Roman letters and Arabic numerals on the item itse-
lf or on a label firmly affixed to it, the names and comple-
te addressee, and the mailing date.
(b) have, on its packing or wrapping, sufficient space for serv-
ice instructions and for affixing service labels, including
the C.L. customs label ;
(c) be packed and closed in a manner befitting the weight, the
shape, and the nature of the contents as well as the mode a-
nd duration of conveyance ;
(d) be packed and closed so as not to present any danger to the
official required to handle it,and so as not to soil or dam-
age other mail or postal equipment.
3 (i) International Express Mail despatches will be made up in
closed mails, and will be accompanied by an airmail deliv-
ery bill (Universal Postal Union form AV7). This bill will
indicate in the "Remarks" column that the despatch contai-
ns EMS items.
(ii) The items will be inserted in the blue and orange bags u-
sed for the International Express Mail Service.
(iii) Each bag will bear a label, showing the blue and orange
logo which has been adopted as the EMS identification s-
ymbol. Each bag label will clearly indicate the exchange
office of destination and the type of service used.
(iv) An EMS Despatch Note, in a form acceptable to each admin-
istration, will be inserted in the final bag of each des-
patch. The Despatch Note will clearly indicate that the
despatch contains EMS items. It will show also the despa-
tch number.
4 (i) The exchange of despatches of EMS items will be effected
by the designated exchange offices of each administration.
(ii) Each administration will give the other administration a-
dvance notice of redesignation, creation or closure of e-
xchange offices.
5 (i) Upon receipt of a despatch, the administration of destina-
tion will check the despatch to confirm its conformity wi-
th the airmail delivery bill.
(ii) The contents of each despatch will be checked as soon as
possible, at an office designated by the administration
of destination, to confirm their conformity with their D-
espatch Note.
6 (i) Any evidence of irregularities detected upon receipt of a
despatch will be reported without delay to the administra-
tion of origin by telex or telephone and confirmed in wri-
ting
(ii) All other action taken in connec- tion amended with any
irregularity will be governed by the regulations of the
administration of destination.
7 (i) For each item or bag arriving out of course, the redirect-
ing administration will notify the administration of orig-
in, by telex or telephone, of the details concerning the
arrival and redirection.
8 (i) Each administration which returns an item for any reason
whatsoever will give, either in handwriting, or by means
of a stamped impression or a label, on both the item and
on the Despatch Note which accompanies it, the reason for
non--delivery.
9 (i) The procedures for accounting and for the settlement of
accounts for internal air conveyance will be governed by
the provisions concerning accounting for airmail in the
Detailed Regulations of the Convention.
(ii) The procedures for accounting and settlement of accounts
for traffic imbalances will be as follows :
(a) The settlement will take place annually.
(b) Each administration will prepare annually a statement
of items received, on a mutually acceptable form fth-
ich will indicate the numbers of items per month bas-
ed upon the particulars of the Despatch Notes. These
forms will be forward to the administration of origin
within two months from the end of the calendar year.
(c) After verifying the statement of items received, the
administration of origin will advise the destination
administration by correspondence of its acceptance.
If the verification reveals any discrepancies, a cor-
rected statement will be returned to the destinetion
administration duly amended and accepted. If the des-
tination administration disputes the amendments, it
will confirm the data by sending to the administrati-
on of origin photocopies of relevant Despatch Notes
and notices of irregularities. If the desination adm-
inistration does not receive notice of amendment wit-
hin two months from the date of forwarding the annual
statement of items received, the statement will be r-
egarded as fully accepted.
(d) After each administration has accepted the statement
of items received, the creditor administration will
prepare a detailed account of statement of charges on
a mutually acceptable form which will indicate the t-
otal number of items received and despatched, the im-
balance charge per item, and the total amount due.
(e) Accounts will be settled within 6 months from the la-
st day of the period to which the figures refer.
10 (i) Documents of the service will be retained for a minimum
period of eighteen months from the day foliowing the date
to which they refer.
(ii) Any document concerning a dispute Or any inquiry will be
kept until the matter has been settled. If the inquiry
administration, duly informed of the result of an inqui-
ry, allows six months to elapse from the date of the co-
mmunication without raising any objections, the matter
will be regarded as settled.
11 (i) These Details of Implementation will take effect at the
same time as the Memorandum of understanding to which th-
ey refer.
(ii) These Details of Implementation, and any amendments made
pursuant to Article 21 of the Memorandum of Understandi-
ng.