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法規名稱: MEMORANDUM OF UNDERSTANDING BETWEEN THE POSTAL ADMINISTRATIONS OF CANADA AND OF TAIWAN, ROC CONCERNING EMS (AD.1998.09.23)
簽訂日期: 民國 87 年 09 月 23 日
生效日期: 民國 87 年 09 月 23 日
簽約國: 北美地區 > 加拿大
沿革:
1.Signed on May 15 and September 23, 1998; Entered into force on September 23, 1998.

 
ARTICLE 1
Object of the Understanding and Definition
1.The service established by this Memorandum of Understanding b-
etween Canada Post Corporation and the General Directorate of
Posts is the International Expedited Mail Service (EMS). This
corresponds to ”priority Courier International/Messageries P-
rioritaires Internationales?in Canada and EMS/Speedpost in Ta-
iwan.

The service as defined under this agreement will be for items
destined for delivery in Canada only.

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 or goods.

ARTICLE 2
International EMS within the meaning of the present agreement
Contracting administrations may operate the following types of
EMS:
- programmed items;
- on-demand items.

ARTICLE 3
Programmed items

1.Programmed items shall be accepted on the basis of a contract
between the administration of posting and the sender. This co-
ntract shall lay down the timetable for posting and conveying
EMS Items as well as their frequency.

2.Canada Post will provide the administration of origin with a
schedule of approximate delivery times to each location servi-
ced, based upon scheduled flight arrival times.

3.For each Programmed Service contract, the administration of o-
rigin will provide Canada Post 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
number 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 amendment 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.Canada Post will provide the administration of origin with a
schedule of approximate delivery times to each location to wh-
ich On-demand Service is available based upon the schedules of
the international flights used to carry On-demand items.
3.The administration is requested to inform Canada Post of all
identification marks or numbers which it uses for each On-dem-
and item.
4.The administration of origin is not required to provide Canada
Post 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 a co-
mmercial value and which may be subject to duty and other import
regulations in the country of destination. The same restrictions
apply as for International Mail.

ARTICLE 6
Customs clearance
Canada Post will make all arrangements necessary for the expedi-
tious customs clearance of EMS items. In order to facilitate
this, Canada Post will advise the admini-stration of origin of
which items, acceptable for transmission, are subject to customs
examination. Canada Post will collect from the addressees the c-
ustoms duty and all other charges which may be due.

ARTICLE 7
Limits of weight and size
EMS items shall be admitted up to a maximum weight of 30 kg. Th-
ey may not exceed 1.5 meters for any one dimension or 3 meters
for the sum of the length and the greatest circumference measur-
ed 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 provided 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 the I-
nternational Bureau of the Universal Postal Union. Valuable art-
icles 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 consult 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 calendar year, Canada Post will collect fr-
om the administration of origin a charge as compensation for
the handling and delivery costs it has allocated for each item
received.
3.Modifications of the charge may be made as follows:
(a) Canada Post may increase its charge when such an increase is
necessary due to an increase in the costs of services.
(b) To be applicable, any such modification of the charge 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 Memora-
ndum of Understanding is terminated or annulled.

ARTICLE 12
Internal Air Conveyance Dues
Canada Post Corporation, which provides air conveyance of recei-
ved EMS items, is entitled to internal air conveyance dues in r-
eimbursement of the costs of such conveyance. In accordance with
corporate policy, Canada Post Corporation waives the internal a-
ir conveyance dues for EMS items, relying on its revised charge
(Article 1 1) to recover this expense.

ARTICLE 13
Liability of Administrations
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 claim indemnification from
the other administration.

ARTICLE 14
Undeliverable items
An item refused by the addressee or an undeliverable item shall
be returned to the sender by international air mail at no extra
charge.

ARTICLE 15
Reforwarding of missent items or bags
Every missent EMS item or bag shall be reforwarded by Canada Po-
st international air mail with appropriate charges to its proper
destination.
Canada Post Corporation notifies the administration of origin,
by telex, telephone or facsimile, of the details concerning the
arrival and redirection of each item or bag arriving out of cou-
rse.

ARTICLE 16
Treatment of items wrongly accepted
(a) When an EMS despatch containing an item prohibited under Ar-
ticle 09 has been admitted into the mailstream in error, th-
at 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 lim-
its established under Article 7, it is returned to the admi-
nistration of origin as an international air mail item, if
Canada Post regulations do not permit delivery.
(c) When an item is inadvertently sent to a location which is n-
ot serviced by EMS, Canada Post Corporation shall ensure the
delivery 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, Canada Post notifies the administration
of origin, by telex, telephone, or facsimile of the details
concerning the disposition of the EMS despatch.

ARTICLE 17
Inquiries
Canada Post shall reply as soon as possible and within 2 days to
requests for information in respect of EMS items. The reply sha-
ll normally be sent by the same means as that used for the corr-
esponding request for information (i.e., by telex, telephone, f-
acsimile, EMS or electronic mail, etc.)

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, telex, 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 basis of an exch-
ange 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 annuled at the instance of either administration, u-
pon six months previous notice given to the other.

For the Canada Post Corporation For the Directorate General of
Posts-Taiwan
[Signed] [Signed]
Director, International Relatio Director, International Depart
ns ment
15 May, 1998 23 September, 1998

DETAILS OF THE IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE POSTAL ADMINISTRATIONS OF CANADA AND OF TAIWAN CONC-
ERNING EMS

ARTICLE 101
Information to be Supplied
Information to be supplied by the Administration of origin:
(a) a complete set of labels and documents which will be used;
(b) the charges set.
Information to be supplied by Canada Post Corporation:
Canada Post Corporation will notify the administration of o-
rigin of:
(a) the places in the country in which the service is operated;
(b) the offices of exchange to which the mails may be sent and
the area served by those offices;
(c) the latest times of acceptance of an item at the offices of
exchange for it to be delivered;
(d) the amount requested per item for compensation.
Any change in the above information is communicated immediately
in writing to the other administration.

ARTICLE 102
Special address labels
The administration of origin shall make use of the colours blue
(pantom 293) and orange (pantom151), the tags and EMS 13-charac-
ter item identifier adopted by the CCPS. In addition, use shall
be made, to the greatest degree practicable, of the following d-
ata fields which are considered necessary:

-bar-coded item identifier;
-sender's name, address and postal code;
-addressee's name, address and postal code;
-date and time sent;
-date and time received;
-signature;
-printed signatory (name);
-customs declaration CN 22, CN23, and commercial invoice as req-
uired, weight, description of contents, value, gift or merchan-
dise;
-shipment costs.

ARTICLE 103
General Conditions of Dispatch
1.The items shall be placed in blue and orange EMS bags.
2.Despatches containing dutiable EMS items shall be bagged sepa-
rately from non-dutiable despatches.
3.Each bag shall bear a blue and orange label clearly showing t-
he office of exchange of destination.
4.A special document or a CN 31 form to which the indication EMS
has been added shall be sent with each mail, inserted in the
final bag.
5.Each item or EMS direct bag shall be entered separately on the
form.
6.Each EMS item sent is listed separately on the manifest.
7.The manifest clearly indicates that the despatch contains EMS
items. It also shows the despatch number and the type of serv-
ice used. It also indicates which bags are dutiable and which
are not.
8.Each EMS item must be packed and closed in a manner befitting
the weight, the shape, and the nature of the contents as well
as the mode and duration of conveyance.
9.Each EMS item must be packed and closed as not to present any
dangers to officials called upon to handle it, and not to soil
or damage other mail or postal equipment.
10. Each EMS item must be packed and closed such that it is imp-
ossible to tamper with the contents without leaving clear t-
races thereof.

ARTICLE 104
Delivery bill
1.An CN 38 shall be sent with each mail consignment.
2.The CN 38 shall show clearly that the mail contains EMS items
as well as the total number of items.

ARTICLE 105
Checking of mails
On receipt of an EMS mail, Canada Post shall check whether the
mail is in con-formity with the particulars recorded on the CN 3
8 and the manifest.

ARTICLE 106
Notification of irregularities
The administration of origin shall be notified at once by telex,
telephone, electronic mail or telegram of any missing, missent
or damaged bag or item. The irregularity shall be confirmed in
writing.

ARTICLE 107
Return of items
In the event an item is returned, Canada Post shall give the re-
ason for non-delivery on the item, either written by hand, by m-
eans of a stamped impression or by a label.

ARTICLE 108
Accounting and settlement of accounts
The procedure for settlement of accounts shall be as follows:
(a) an invoice shall be prepared annually by Canada Post corpor-
ation, showing: (as per sample attached)
the total number of items received,
the charge payable per item,
the total amount payable in respect of compensation.
(b) the invoice shall be prepared as soon as possible following
the last day of the calendar year to which it refers;
(c) after verifying the invoice, the administration of origin r-
eturns a copy within 30 days to Canada Post Corporation duly
amended. If Canada Post Corporation disputes the amendments,
it confirms the actual data by sending photocopies of relev-
ant EMS manifests and notices of irregularities to the admi-
nistration of origin. If Canada Post Corporation has not re-
ceived notice of amendment or acceptance within 30 days from
the date of invoicing, the account is regarded as fully acc-
epted;
(d) payment shall be made as quickly as possible and at the lat-
est within 2 months (30 days to accept+30 days to pay) from
the date of invoicing.

ARTICLE 109
Effective date and duration of these details of implementation
These Details of Implementation take effect on the same date as
the Memorandum of Understanding to which they refer.
These Details of Implementation and any amendments made pursuant
to Article 21 of the Memorandum of Understanding, have the same
duration as that Memorandum of Understanding.
資料來源:全國法規資料庫