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法規名稱: MEMORANDUM OF UNDERSTANDING CONCERNING THE EXCHANGE OF INTERNATIONAL SPEEDPOST/EXPRESS MAIL SERVICE BETWEEN THE POSTAL ADMINISTRATIONS OF THE REPUBLIC OF CHINA AND TOGO (AD.1988.8.22)
簽訂日期: 民國 77 年 08 月 02 日
生效日期: 民國 77 年 03 月 01 日
簽約國: 非洲地區 > 多哥
沿革:
1.Signed on February 10 and August 2, 1988; Entered into force on March 1, 1988.

 
Article 1
Purpose of the Memorandum
This Memorandum regulates the recciprocal exchange of Internati-
onal Speeclpost/Express Mail items between contracting administ-
rations.

Article 2
Definitions
The terms used hereafter bear the following significance :
1 Programmed Service -- The service which allows the sender to
send items to an addressee in accordance with a previously fi-
xed schedule, on the basis of a contract.
2 On--demand Service - The service which allows the sender to s-
end 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 a
list 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 ten days before the service Comes i-
nto operation ;
a) The contract number of the user concerned in each despatcch
;
b) The names and addresses 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 item, determined during the prelim-
inary enquiry ;
f) The date fixed for the despatch of the first item.
4 Similiar notices shall also be given to the receiving adminis-
tration 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 Speedpost / 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 s-
ervice is admitted. This schedule shall be based on the inter-
national 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
Admissible Articles
1 Letter post material of no intrinsic value, e.g. : -- Business
papers, computer data (including punched cards or tapes, magn-
etic tapes, listings, microfilm etc.).
2 Samples and merchandise should be accompanied by a C1 or C2/CP
3 form.

Article 6
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.

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

Article 9
Prohibitions
The prohibitions of the Universal Postal Convention shall apply
in all cases.

Article 10
Customs Inspection
1 All pouches or packages subject to customs examination shall
be resealed by the customs officers and indication of such in-
spection shall be
evident by a customs seal or stamp.
2. The parties shall undertake to expe-
dite customs clearance of incoming
items, to ensure delivery to addressee
within the shortest possible time.

Article 11
Size and Weight Limits
1 The limit of size of each item shall be 1.5 metres for any on-
e dimension nor 3 metres for the sum of the length and the gi-
rth.
2 The weight limit of each item shall not exceed 20 kilograms.

Article 12
Treatment of Items Wrongly Accepted
1 When an item containing an article prohibited under Article
9 has been wrongly admitted to the post, the prohibited artic-
le is dealt with according to the legislation of the administ-
ration establishing its presence.
2 When the weight or the dimension of an item exceed the limits
established under Article 11, it is returned to the administr-
ation of origin as an International Speedpost / EMS item if t-
he regulations of the administration of destination do not pe-
rmit 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 13
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 Speedpost / EMS service.

Article 14
Items or Rage Arriving out of Course and to be Redirected
Each item or bag arriving out of course is redirected at no cha-
rge to its proper destination by the most direct route used by
the administration which has received the items or bags.

Article 15
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 of delivery are not admitted
as a rule.
3 Requests for information are accepted only within four months
of the day following the date of posting.

Article 16
Remuneration in the Case of Imbalance
1 At the end of each year, the administration which has received
a larger quantity of International Speedpost/EMS items than it
hhas sent during that year shall have the right to collect fr-
om the other administration as compensation, an imbalance cha-
rge for the surface handling and delivery costs it has incurr-
ed for each additional item received.
2 Each administration shall establish an imbalance charge per i-
tem which shall correspond to the costs of services.
3 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 co-
sts of services.
b) To be applicable, any such modification of the-imbalance c-
harge must :
(i) be communicated to the other administration at Least three
months in advance ;
(ii) remain in force for at least one year.
4 No imbalance charge shall be collected if the difference in t-
he number of items exchanged is less than one hundred.

Article 17
Expenses for Domestic Air Transport
within the Country of Destination
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 18
Transit Despatches
1 The administrations shall 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 sha-
ll undertake to provide transit for despatches addressed to or
originating from another administration with which EMS items
are exchanged, and advise the approximate time required for c-
arrying out this service.

Article 19
Liability of Administration
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.
Neither administration may claim indemnification from the other
administration, unless previously agreed.

Article 20
Temporary Suspension of Service
Where justified by extraordinary circumstance, either administr-
ation may temporarily suspend service. The other administration
must be informed immediately of such suspension and of the resu-
mption, if need be by telegram, telex or telephone.

Article 21
Application of the Convention
The Convention is applicable by analogy in all cases not expres-
sly by described in this Memorandum.

Article 22
Duration of Memorandum
The 1Memorandum 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
ond year.

Article 23
Effective Date
The present Memorandum becomes effective on March 1, 1988

FOR THE POSTAL ADMINISTRATION OF THE REPUBLIC OF CHINA
[Signed]
Charles C. Y. Wang
Director General of Posts
Taipei
Date : February 10, 1988
FOR THE POSTAL ADMINISTRATION
OF TOGO
[Signed]
Tchamdja ANDJO
Lome, le 02 AOUT 1988
資料來源:全國法規資料庫