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法規名稱: MEMORANDUM OF UNDERSTANDING BETWEEN THE REPUBLIC OF CHINA & PARAGUAY CONCERNING ACCELERATED INTERNATIONAL COURIER/SPEEDPOST SERVICE (A.D.1986.3.3)
簽訂日期: 民國 75 年 03 月 03 日
生效日期: 民國 75 年 05 月 01 日
簽約國: 拉丁美洲及加勒比海地區 > 巴拉圭
沿革:
1.Signed on March 3, 1986; Entered into force on May 1, 1986.

 
Article 1
Purpose of the Memorandum
This Memorandum regulates the reciprocal exchange of Internatio-
nal EMS (Express Mail Service) items between contracting Admini-
strations.

Article 2
Definitions
The terms used hereafter bear the following significance:
1 International EMS (Speedpost / Accelerated International Cour-
ier) - The Service established by this Memorandum.
2 Programmed Service - The International EMS service which allo-
ws the sender to send items to an addressee in accordance with
a previously fixed schedule, on the basis of a contract.
3 On-demand Service - The International EMS service which allows
the sender to send items to an addressee without a previously
fixed schedule and upon a contractual or non-contractual basis
.

Article 3
Programmed Service
1 Each administration offers a programmed service on a contract-
ual basis to users who agree to use the service on a previous-
ly fixed level of frequency for sending their items to a desi-
gnated addressee.
2 Each administration supplies the other administration with al-
ist of localities to which the service is available and with
an approximate table of delivery times for items in each loca-
lity, based on international timetable of air and rail servic-
es.
3 When a Contract for programmed service is concluded, each adm-
inistration shall provide the other administration the follow-
ing information, at least 10 days before the service comes in-
to operation:
a) The contract number of the user concerned in each despatch.
b) The names and addressees of the sender and the addressee.
c) The days on which items are to be despatched.
d) Flights to be used.
e) Time of delivery of the items, determined during the preli-
minary enquiry.
f) The date fixed for the despatch of the first item .
4 Similar notices shall also be given to the receiving administ-
ration before a service is altered or terminated.

Article 4
On-demand Service
1 Each administration offers an on-demand service, operated on a
contractual or non-contractual basis.
2 Each administration supplies the other with a list of localit-
ies to which EMS items may be sent.
3 Each administration supplies the other with an approximate sc-
hedule of delivery times for each locality where on-demand se-
rvice is admitted. This schedule shall be based on the intern-
ational timetables of air and rail services used for despatch
of the said items, and shall take into account the time of ar-
rival at the exchange office of destination.
4 Each administration informs the other of all the identifying
marks or figures used for on-demand service.

Article 5
Fees to be Paid by the Sender
Each administration determines the fees to be paid by senders f-
or despatch of their items and keeps the whole of the revenue o-
btained.
Prohibited Items

Article 6
Postage
The items shall be stamped or franked in accordance with the me-
thod admitted by the administration of origin.

Article 7
Expenses and Fees to be Paid by the Addressee
Each administration is authorised to collect from the addressee
the customs charges and any other fees.

Article 8
Prohibited Items
The prohibitions laid down in the Convention are applicable to
EMS items, likewise the import and transit restrictions included
in the list of Prohibited Objects published by the International
Bureau of the Universal Postal Union.
Customs Clearance

Article 9
Admitted Items;
1 From the Republic of China to Paraguay or from Paraguay to the
Republic of China, regular and on-demand service will operate
for business papers and merchandise .
2 Each administration shall communicate the other administration
the necessary information on customs or other regulations as
well as the prohibitions or restrictions governing entry of i-
tems , above all those containing valuable ,into its service.
3 Each administration arranges for expeditious customs clearance
and makes every effort to forward each item by the fastest me-
ans available.

Article 10
Size & Weight Limits
An EMS item:
a May not exceed 1.05 metres for any one dimension nor 2 metres
for the sum of the length and the girth;
b may not exceed 20 kilograms in weight.

Article 11
Treatment of Items
Wrongly Accepted
1 When an item containing an article prohibited under Article 8
or 9 has been wrongly admitted to the post, the prohibited ar-
ticle is dealt with according to the legislation of the Admin-
istration establishing its presence.
2 When the weight or the dimensions of an item exceed the limits
established under Atricle 10,it is returned to the administra-
tion of origin as an International EMS item if the regulations
of the administration or destination do not permit delivery.
3 When a wrongly admitted item is neither delivered to the addr-
essee nor returned to origin, the administration of origin is
informed how the item has been dealt with and of the reasons
justifying such treatment.

Article 12
Undeliverable Items :
Return to Origin
1 After every reasonable effort to deliver an item has proved u-
nsuccessful,the item is held at the disposal of the addressee
for the period of retention provided for by the regulations at
the administration of destination.
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 13
Items or Bags Arriving out of Course and to be Redirected
Each item or bag arriving out of coures is redirected at no cha-
rge to its proper destination by the most direct route used by
the Administration which has received the item or bag.

Article 14
Enquiries
1 Each administration is to reply as soon as possible to request
for information in respect of any item .
2 Regular requests for confirmation for delivery are not admitt-
ed as a rule.
3 Requests for information are accepted only within four months
of the day following the date of posting.

Article 15
Remuneration in the Case of Imbalance
1 At the end of each year the administration which receives a g-
reater number of items than the total despatched has the right
to claim from the other administration a remuneration for han-
dling and delivery expenses in respect of each surplus item r-
eceived. The imbalance charge may be reviewed annually and ea-
ch administration agrees to give the other three months notice
of any change. The administration can agree to calculate the
remuneration on the basis of the total number of items.
2 No imbalance charge shall be collected if the difference in t-
he number of items exchanged is less than one hundred.

Article 16
Expenses for Domestic Air Transport within the Country of Desti-
nation
Expenses for domestic Air transport within the country of desti-
nation may be claimed where necessary in accordance with the di-
sposition of the Convention if applicable.

Article 17
Transit Despatches
1 The administrations will agree to provide transit by air for
despatches sent via their respective services. They will advi-
se one another of reforwarding and transit facilities.
2 In accordance with Paragraph 1 above, each administration will
undertake to provide transit for despatches addressed to or o-
riginating from another administration with which EMS items a-
re exchanged,and advise the approximate time required for car-
rying out this service.

Article 18
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 t-
he other administration,unless previously agreed.

Article 19
Temporary Suspension of Service Where justified by extraordinary
cir- cumstances, either administration may temporarily suspend
service.The other administration must be informed immediately of
such suspension and of the resumption, if need be by telegram,t-
elex or telephone.

Article 20
Application of the Convention
The convention is applicable by analogy in all cases not expres-
sly described in this Memorandum.

Article 21
Duration of Memorandum
The Memorandum will remain valid for six months after notice of
termination is given by one or other of the contracting adminis-
trations .The administrations can agree to extend this period to
one year.

Article 22
Effective Date
The present Memorandum becomes effective on May 1,1986.
For the Postal Administration of Paraguay

[Signed]
For the Postal Admini-
stration of the
Republic of China

[Signed]
Charles C.Y.Wang
Director General of
Posts
Taipei
Date: March 3, 1986
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