ARTICLE 1
Object of the Understanding and Definition
1.The service established by this Memorandum of Understanding b-
etween the contracting administrations is the International E-
xpedited MailService (EMS). This corresponds to "Priority Cou-
rier International/Messageries Prioritaires Internationals" in
LACS and "EMS/SPEEDPOST" in Taiwan, ROC.
The service as defined under this agreement will be for items
destined for delivery in LACS and TAIWAN.
2.The EMS service shall be the quickest postal service by physi-
cal means. It shall consist of the collection, dispatch and d-
elivery in a very short space of time of correspondence, docu-
ments of goods.
ARTICLE 2
International EMS within the Meaning of the Present Agreement E-
ach administration agrees to accept the following types of EMS
items from the administration of posting:
- programmed items;
- on-demand items.
ARTICLE 3
Programmed Items
1.Programmed items shall be accepted on the basis of contract b-
etween the administration of posting and the sender. This con-
tract shall lay down the timetable for posting and conveying
EMS items as well as their frequency.
2.Each administration shall provide the administration of origin
with a schedule of approximate delivery times to each location
services, based upon scheduled flight arrival times.
3.For each programmed service contract, the administration of o-
rigin will provide the other administration with the following
information at least ten (10) days prior to commencing service
pursuant to such contract.
(I) the identification number of the customer contract, which n-
umber must be indicated on each item sent;
(ii) the name and address of the sender and the addressee;
(iii) the days designated for despatch of items;
(iv) the time of day delivery is requested;
(v) the airline(s) and flight number(s) to be used; and
(vi) the starting date of the link.
4.Any amendments to the information provided in accordance with
this paragraph is notified without delay, if need be by teleg-
ram , telex, telephone or facsimile.
ARTICLE 4
On-demand Items
1.On-demand items shall be accepted without any contractual arr-
angement and without any previously laid down frequency.
2.Each administration will provide the administration of origin
with a schedule of approximate delivery times to each location
to which on-demand service is available based upon the schedu-
le of the international flights used to carry on-demand items.
3.Each administration is requested to inform the other administ-
ration of all identification marks of numbers which it uses f-
or each on-demand item.
4.The administration of origin is not required to provide the o-
ther administration with notice prior to sending an on-demand
item.
ARTICLE 5
Goods/Merchandise
Unless the contrary is specified, EMS items may contain goods/m-
erchandise.
This service is for the conveyance of goods which may.have comm-
ercial value and which may be subject to duty and other import
regulation in the country of destination. The same restrictions
apply as for International Mail.
ARTICLE 6
Customs Clearance
Each administration will make all arrangements necessary for the
expeditious customs clearance of EMS items. In order to facilit-
ate this, each administration will advise the other administrat-
ion of which items, acceptable for transmission, are subject to
customs examination. EPTL will collect from the addressees the
customs duty and all other charges which may be due.
ARTICLE 7
Limits ofWeight and Size
EMS items shall be admitted up to a maximum weight of 20kg. They
may not exceed 1.05 meters for any one dimension or 2 meters for
the sum of the length and the greatest circumference measured in
a direction other than the length.
ARTICLE 8
Charges
The charges shall be set by the administration of posting of the
EMS items.
ARTICLE 9
Prohibited Articles
The prohibitions provides for in the UPU Convention shall apply
to EMS items as shall the restrictions on importation and trans-
it given in the List of Prohibited Articles published by tde In-
ternational Bureau of the Universal PostalUnion. Valuable artic-
les as defined in the Universal Postal Convention shall not be
admitted.
ARTICLE 10
Forwarding
EMS items shall be sent by the fastest pre-arranged means of tr-
ansport from the time of posting (or from the time they are col-
lected from the sender) to delivery. Administrations shall cons-
ult one another on this.
ARTICLE 11
Compensation
1.Terminal dues as defined in the Universal Postal Convention s-
hall not apply to EMS items.
2.At the end of each year of this MOU, the administration which
has received a larger quantity of International EMS mail than
it has sent during that year shall have the right to collect
from the other administration, as compensation, an imbalance
charge for the handling and delivery costs it has allocated f-
or each item received.
3.Each administration shall establish an imbalance charge per i-
tem which shall correspond to the costs of services.
4.Modifications of the imbalance charge may be made as follows:
(a) Each administration may increase its imbalance charge when
such an increase is necessary due to an increase in the cos-
ts of services.
(b) To be applicable, any such modification of the imbalance ch-
arge must:
(i) be communicated to the other administration at least three
months in advance,
(ii) remain in force for at least one year, unless this MOU is
terminated or annulled.
ARTICLE 12
Internal Air Conveyance Dues
Each administration, with provides air conveyance of received E-
MS items, is entitled to internal air conveyance dues in reimbu-
rsement of the cost of such conveyance.
ARTICLE 13
Liability ofAdministrations
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, who may not claim indemnification from the other adm-
inistration.
ARTICLE 14
Undeliverable Items
An item refused by the addressee or an undeliverable item shall
be returned to the sender by international EMS at no extra char-
ge.
ARTICLE 15
Reforwarding of Missent Items or Bags
Every missent EMS item or bag shall be reforwarded to its proper
destination by the most direct route with appropriate charges by
the administration which has received the item or bag.
Each administration shall notify the other administration, by t-
elex, telephone or facsimile, of the details concerning the arr-
ival and redirection of each item or bags arriving out ofcourse.
ARTICLE 16
Treatment of Item Wrongly Accepted
(a) When an EMS despatch containing an item prohibited under Ar-
ticle 9 has been admitted into the mailstream in error, that
item shall be dealt with according to the legislation of the
administration establishing its presence.
(b) When the weight; or the dimensions of an item exceed the li-
mits established under Article 7, it is returned to the adm-
inistration of origin as an international EMS item, if the
administration's regulations do not permit delivery.
(c) When an item is inadvertently sent to a location which is n-
ot serviced by EMS, each administration shall ensure the de-
livery of the item by the fastest postal means available.
(d) When a wrongly admitted item is neither delivered to the ad-
dressee.nor returned to origin, the administration of origin
is informed how the item has been dealt with and of the res-
triction or prohibition which caused such treatment to be r-
equired.
(e) In all such cases, each administration shall notify the oth-
er administration, by telex, telephone, or facsimile of the
details concerning the disposition of the EMS despatch.
ARTICLE 17
Inquiries
1.Each administration shall reply as soon as possible to request
for information in respect of EMS items. This timeframe can be
shortened by using the EMS unique 13 character identifier (Co-
de 39) as approved by the CCPS. The reply shall normally be s-
ent by the same means as that used for the corresponding requ-
est for information (i.e.by telex, telephone, facsimile, EMS
or electronic mail, etc.)
2.Enquiries shall be accepted only within a period of three mon-
ths from the day alter that on which the item was posted.
3.This article does not authorize routine requests for confirma-
tion of delivery.
ARTICLE 18
Temporary Suspension of Service
Where justified by extraordinary circumstances, an administrati-
on may temporarily suspend the service. The other administration
shall be informed immediately of such suspension and of the res-
umption of the service, if need be by telegram, taler, facsimile
, electronic mail or telephone.
ARTICLE 19
Application of the Universal Postal Convention
The Universal Postal Convention and its Detailed Regulations sh-
all be applicable by analogy in all cases not expressly governed
by this Agreement and its Details of Implementation.
ARTICLE 20
Implementation of the Memorandum of Understanding
In order to give effect to this Memorandum of Understanding, De-
tails of Implementation are drawn up and annexed thereto. In ad-
dition, each administration may adopt measures for the internal
operation of its services not inconsistent with this Memorandum
of Understanding or its Details of Implementation.
ARTICLE 21
Amendment
This Memorandum of Understanding and its Details of Implementat-
ion may be modified by mutual agreement on the bias of an excha-
nge of letters, to which the text of the modified paragraph(s)
is annexed.
ARTICLE 22
Effective Date and Duration of the Memorandum of Understanding
(a) This Memorandum of Understanding takes effect on the date m-
utually agreed upon by the administrations.
(b) This Memorandum of Understanding may be terminated by agree-
ment or annulled at the instance of either administration,
upon six months notice given to the other.
For the: For the:
Enterprise of Posts Directorate General of Posts
and Telecommunications Lao Taipei, Taiwan ROC
[Signed] [Signed]
Pho PHATHAPHONE Chieh-kwei Hsu
Vice Director of EPTL Director General of Posts
Date: October 7, 1994 Date: September 23 1994