Article 1. Agreement Subject
The Postal Administration of the Republic of Kazakhstan and the
Postal Administration of Taiwan, further together named "Contra-
cting Parties", on a bilateral basis and on conditions which are
mentioned below, have concluded this Agreement and have establi-
shed an exchange of items of the Express Mail Service (EMS)
Article 2. Definitions
1.The EMS is the quickest postal service by physical means. It
shall consist of the collection (reception), dispatch (transp-
orting) and delivery in very short space of time (most possib-
le short time) of EMS items (correspondence, documents and go-
2.The services of EMS service are rendered to legal entities (e-
nterprises, organizations, firms, and foreign representations)
and also to individuals.
3.In dependence on conditions of the collection (reception) of
items Cbntracting Parties may operate the following types of
* Programmed items shall be accepted on the base of contract
between Contracting Party of posting and the sender. This
contract shall lay down the timetable for posting and conve-
ying EMS items as well as their frequency;
* On-demand items shall be accepted without any contractual a-
rrangement and without any previously laid down frequency.
Article 3. Network of EMS
The EMS service operates in accordance to this Agreement in the
Republic of Kazakhstan and Taiwan, in cities defined by each of
the Contracting Parties.
Article 4. Prohibited articles
1.The prohibitions provided for in the Universal Postal Union C-
onvention are applicable to EMS items, as are the restrictions
on importation and transit given in the List of Prohibited Ar-
ticles published by the International Bureau of the Universal
Postal Union. Valuable articles as defined in the Universal P-
ostal Convention are not be admitted.
Article 5. Limits of weight end size
1.The weight of EMS letter item may not exceed 2 kg.
2.The weight of a parcel with EMS items may not exceed 20 kg.
3.The weight of a bag with EMS items may not exceed 30 kg.
4.EMS items may not exceed 1,5 meters for any one dimension or
3 meters for the sum of length and the greatest circumference
measured in a direction other than the length.
Article 6. Forwarding of EMS items
EMS items shall be sent by the fastest prearranged means of tra-
nsport from the time of posting (from the time they are collect*
ed from the sender) to delivery.
Article 7. Tariffs
1.Each of the Contracting Parties fixes tariffs for EMS service
2.The Contracting Party of origin keeps in its benefit the coll-
ected payments for dispatched EMS items (other International
Article 8. Remuneration in the case of imbalance and other comp-
1.In the event of the imbalance occurred in exchanges, the Cont-
racting Party which receives a greater number of items has the
right to claim from the other Contracting Party a remuneration
for the costs of services (imbalance charge) in respect of ea-
ch surplus item received.
2.Each Contracting Party may increase its imbalance charge when
such an increase is necessary due to an increase in the costs
of services. Any changes in imbalance charge shall be advised
at least 3 months in advance of the implementation date and s-
hall remain in force at least 12 months (years).
3.The Contracting Parties have fixed during the first year from
the date of signing this Agreement the following rate of imba-
- 7 SDR for each EMS item.
4.The final expenses rates, fixed in the Universal Postal Conve-
ntion are not applied to EMS items, subject to an exchange wi-
thin this Agreement.
5.Contracting Party of origin is not obliged to pay to a Contra-
cting Party of destination imbalance charge for delivery of E-
MS items lost and/or not found on the latter's territory.
Article 9. Custom clearance
1.Custom clearance of EMS items is realized according to the le-
gislation of each Contracting party.
2.Each Contracting party shall make all arrangements necessary
for the fastest possible customs clearance of EMS items.
Article 10. Liability
1.Contracting Parties are liable against its clients and against
each other in cases of loss, damage, theft or delay of EMS it-
2.In the event of loss, theft or damage of EMS item takes palce
on the territory of one Contracting Party, it sahll make to o-
ther Contracting Party indemnity payments appropriate to real
cost of the item, except for the cases occured owing to the c-
ircumstances of force major. Such indemnity payments have the
following limitations in the total sum:
- 30 SDR. if item contained the documents:
- 130 SDR. if item contrained the goods.
3.Contracting Party of origin is obliged to pay to the applican-
ts an indemnification for delivery delay of EMS items in case
of documcntary confirmation provided of such delay.
4.If the delivery delay of EMS items takes place on the territo-
ry of the Contracting Party of destination on its fatult. the
Contracting Party of origin has the right to claim reimbursem-
ent at half of the postage for such EMS item.
5.The Contracting Party of origin bears responsibility before t-
he Contracting Party of destination for damages caused by pro-
hibited items to other items.
Article II. Undeliverable items
EMS item refused by the addressee or an undeliverable item shall
be returned to the Contracting Party of origin. by EMS thus nei-
ther Contracting Party shall charge the other for the return ex-
penses of undeliverable items.
Article 12. Reforwarding of mis-sent items or bags
1 Each mis-sent item or bag shall be reforwarded to its proper
destination by the most direct means used for the EMS by the
Contracting party which received it. thus neither Contracting
Party shall charge the other for the reforwarding of mis-sent
items. The Contracting Party. which has received the mis-sent
item. shall advise the other Contracting Party by CN 43.
2 If items received by the Contracting Party. which does not ma-
ke exchanges with a Postal Administration of destination, the
items shall be returned to the Contracting Party of origin.
Article 13. Reclamation and inquiry responds
1.Contracting Parties shall replay within 48 hours for requests
for information of EMS item. The replay shall be sent by the
same means as that used for the corresponding request for inf-
ormation (i.e., by telex, telephone, EMS, electronic mail, etc
2.Reclamation shall only be accepted within a period of 3 months
of the day following the day of posting.
Article 14. Temporary suspension of service
where justified by extraordinary circumstances (force major), e-
ither Contracting Party may completely or temporarily suspend t-
he EMS service. The other contracting Party must be informed im-
mediately of such a suspension and of the resumption of the ser-
vice by telex, telephone, telegram, electronic mail or facsimile
Article 15. Detailed Regulation
1.Details of implementation of this Agreement shall be governed
by its Detailed Regulations, which are an integral part of th-
2.Alterations and Amendments in the Detailed Regulations are ma-
de in the order established in this Agreement.
Article 16. Alterations and Amendments
This Agreement may be altered or amended only by mutual consent
by means of additional agreement signed by authorized represent-
atives of the Contracting Paries.
Article 17. Arbitration
I.Any disputes or dissents, which arise between the Contracting
Parties concerning this Agreement. shall be resolved by negot-
2.If lhe Contracting Parties have not achieved mutual satisfac-
tion. the disputes or dessents shall be settled by arbitration
. following the arbitration proccedures of the General Regula-
tions of the Universal Postal Union.
Article 18. Applicstion of the Universal Postal Convention
The Univcrsal Postal Convetltion and its Detailed Regulations
shall be applicable, where appropriate by analogy. in all cases
not expressly governed by this Agreement and its Detailed Regul-
Article l9. Entry Force and Duration
1.This Agreement shall enter into force on the date of signing
it by the authorized representatives of both Contracting Part-
2.This Agreement shall expire six months after either administr-
ation notifies the other in writing of termination.
3.All payments between Contracting Parties must be settled befo-
re the termination of this Agreement.
Article 20. Other conditions
1.All appendices and additional agreements to this Agreement are
an integral part of this Agreement.
2.This Agreement made in Russian, English languages in 2 authen-
tic copies, having identical legal force, - 1 for each Contra-
On hehalf of the Postal Administration of Taiwan
Directorate General of Posts Taipei, Taiwan
Director General of Posts
Date: May 1, 2001