MEMORANDUM OF UNDERSTANDING

Article 1
OBJECT OF THE AGREEMENT
In accordance with Articles 3 and 57 of the Universal Postal Co-
nvention an exchange of International EMS items shall take place
between Taiwan, ROC and Malawi.

Article 2
DEFINITION
2.1 EMS items shall be posted at regular intervals (Programmed
Service) or irregularly at the request of the sender (On-de-
mand Service).
2.2 Programmed items shall be conveyed over specially agreed li-
nks to guarantee delivery at the stipulated times.
2.3 On-demand items shall be forwarded to the Administration of
destination over the most rapid links available.
2.4 EMS shall be available between all agreed points in Taiwan,
ROC and Malawi.
2.5 EMS is called ”EMS/SPEEDPOST”in Taiwan, ROC and EMS in Ma-
lawi.

Article 3
RECIPROCAL SERVICE
The service shall be reciprocal. Each Administration shall prov-
ide expeditious handling and delivery of incoming EMS items equ-
al or superior to that provided for domestic postal items of li-
ke character.

Article 4
PROGRAMMED SERVICE
4.1 Both Administrations shall offer Programmed Service on a co-
ntractual basis to customers who agree to use the service on
a designated schedule to send EMS items to designated addre-
ssee.
4.2 An ”Establishment?shall be sent to the other Administrati-
on at least 10 days before a service is initiated. This Est-
ablishment shall contain the following information:
- the names and addresses of the sender and the designated
addressee
- license or contract number of the sender
- the day or days of the week for mailing
- flight to be used for dispatch
4.3 Both Administrations shall return a copy of Establishment d-
uly completed with the anticipated delivery time.
4.4 Similar notice shall also be given to both administrations
before a service is altered or cancelled.
4.5 If for any reason regular items are not sent, or are to be
sent in a later dispatch, the fact will be indicated on a s-
pecial ”Manifest”.

Article 5
ON-DEMAND SERVICE
5.1 The service shall be offered to customers whether already u-
nder contract agreement or not, shipping on a non-scheduled
basis.
5.2 Prior notice of sending is not required.

Article 6
GOODS
Unless the contrary is specified, EMS items may contain goods.

Article 7
PROHIBITED OBJECTS
The prohibitions provided for in the UPU Convention shall apply
to EMS items likewise the restrictions on entry and transit giv-
en in the List of Prohibited Articles published by the Internat-
ional Bureau of the Universal Postal Union.

Article 8
LIMITS OF WEIGHT AND DIMENSIONS
8.1 The weight of each item shall not exceed 30 kilogrammes.
8.2 The weight of each mailbag shall not exceed 30 kilogrammes.
8.3 EMS items shall not exceed 1.5 metres for any one dimension
or 3 metres for the sum of the length and the greatest circ-
umference measured in a direction other than that of the le-
ngth.

Article 9
INQUIRIES AND OTHER REQUESTS
9.1 Each Administration shall answer inquiries relating to items
in the shortest possible time.
9.2 Inquiries shall be accepted only within a period of three m-
onths the date after that on which the item is posted.
9.3 This paragraph does not authorize routine requests for conf-
irmation of delivery.

Article 10
UNDELIVERABLE ITEMS
An item refused by the addressee, or any other undeliverable it-
em, shall be returned, at no charge, to the administration of o-
rigin by EMS.

Article 11
MISROUTING
11.1 EMS items or dispatches arriving at a wrong destination sh-
all be sent directly to the proper destination by EMS.
11.2 Each administration shall charge the other for the redirec-
tion of such EMS items or dispatches.
11.3 If the administration to which an item is misrouted does n-
ot exchange EMS items with the proper receiving administra-
tion, the item shall be returned to the administration of
origin by EMS.
11.4 The dispatching and receiving administration shall be info-
rmed by fax, telex or telegram of the measures taken.

Article 12
LIABILITY
Each administration shall decide its own compensation policy in
the case of loss, damage, theft or delay. Payment of compensati-
on, if any, shall be the sole responsibility of the Administrat-
ion of origin. Neither administration may claim indemnification
from the other administration.

Article 13
PAYMENT OF POSTAGE
All items shall have postage paid in accordance with methods ap-
proved by each Administration.

Article 14
PACKING
Each item shall be made up in such a way that the contents be s-
ufficiently protected while permitting quick and easy verificat-
ion.

Article 15
INDICATIONS ON THE OUTER COVER
The outer cover of EMS items must contain the following informa-
tion:
-destination: ”EMS”or the name indicated in Paragraph 2.5
-office and date of posting
-names and addresses of sender and addressee
-other indications requested by the receiving administration

Article 16
CHARGES
16.1 Each administration shall set down its own tariffs and ret-
ain the revenues generated from outgoing traffic.
16.2 Apart from the charges to be paid by the sender, there sha-
ll be no further postal charges payable either by the send-
er or by the addressee of an EMS item.

Article 17
CUSTOMS CLEARANCE
Each administration shall make all arrangements necessary for t-
he fastest possible customs clearance of EMS items.

Article 18
COMPENSATION IN THE EVENT OF IMBALANCE IN EXCHANGES
18.1 Each administration shall set, in the event of imbalance in
exchanges, a unit rate of compensation per item correspond-
ing to the costs.
18.2 An imbalance maximum rate of 5 SDR per item on reciprocal
shall be applied.
18.3 Terminal dues and internal conveyance dues as defined in t-
he Universal Postal Convention shall not apply to EMS items
.

Article 19
EXPEDITIOUS DELIVERY
The receiving administration shall make every effort to expedite
clearance through customs and effect delivery via the fastest m-
eans available.

Article 20
EXCHANGE OF INFORMATION
The administrations shall exchange the following information:
-the areas to which EMS items can be sent
-anticipated delivery times based on flight arrival
-sorting system of items and the names of the exchange offices
of destination
-flight schedule to be used
-other information necessary to commence and maintain the EMS s-
ervice

Article 21
DISPATCHING
21.1 EMS items shall be placed in blue and orange EMS bags sepa-
rately from other mail items.
21.2 Each bag shall bear a blue and orange label clearly showing
the office of exchange of destination.
21.3 A special document ”Manifest” or a CN31 (old C12) form to
which the indication EMS has been added shall be sent with
each dispatch. Each item shall be entered individually on
the form.
21.4 EMS bags shall be sealed.
21.5 EMS bags shall be listed on a separate CN38 (old AV7), usi-
ng a new serial dispatch sequence.

Article 22
TEMPORARY SUSPENSION OF SERVICE
Where justified by extraordinary circumstances, each administra-
tion may temporarily suspend the service. The other administrat-
ion shall be informed immediately of such suspension and of the
resumption of the service by fax, telex, telegram, electronic m-
ail or telephone.

Article 23
APPLICATION OF THE CONVENTION
The Universal Postal Convention and Detailed Regulations shall
apply, where appropriate, by analogy, in all cases not expressly
governed by this Memorandum of Understanding.

Article 24
AMENDMEMT
This Memorandum of Understanding may be modified by mutual agre-
ement on the basis of an exchange of letters including the text
of the modified paragraph(s).

Article 25
ENTRY INTO FORCE
This Memorandum of Understanding shall come into force on a date
mutually agreed upon by the administrations. It shall remain in
operation until the expiration of twelve months from the date on
which notice of termination is given by either administration.

Done at Taipei on June 2, 1998
Done at Lilongwe on September 7, 1998 in duplicate in the Engli-
sh language.

ON BEHALF OF POSTAL ON BEHALF OF POSTAL
ADMINISTRATION OF THE ADMINISTRATION OF MALAWI
REPUBLIC OF CHINA

[Signed] [Signed]
Chen chiung-ling Mr. J. M. Chiusiwa
Director General of Posts
Directorate General of Posts