IAD/IRD/141/jea/01
29 May 2001
Mr. Lcc Chng - Ru
Dircctor, Internatiornal Oepartment
Directorate General of Posts
Taipei 10603, Taiwan
Republic of China
Subject: EMS between the Philippines and Taiwan
sir
Thank you for your fax messagc of 21 May 2001, reference 9042511
9-001 relative to the above subject.
Wc wish to inform you that your proposal to commence the new se-
rvicc starting 01 June 2001 is acceptable to us.
In addition to the EMS delivery areas we have earlier scnt to y-
ou by fax, we are likewise furnishing your with a list of Public
holidays in the Philippines where delivery of EMS items is not
cffected, while the schedule of flights where EMS dispatches are
to be loaded will be advised to you later on. Wc will appreciate
if you can also provide us with the same information.
Thank you and regards
Very truly yours,

ANTONIO Z. DE GUZMAN
Assistant Postmaster General for Operations
Encl: As statcd.

16 May 2001
M. LEE CHING - RU
Director of International Department
Directorate General of Posts
Taipei 10603 Taiwan
REPUBLIC OF CHINA
Fax No (8862) 2391-8302
Subject: Your administration's proposal for the establishment
of EMS between the Philippine Postal Corpoation and the Directo-
rate of Posts of Taiwan made in the early 1990's
Sir:
We have gone over the lettcrs exchanged between our two adminis-
traztions relative to your above-mentioncd proposal. We noticed
that until to - date, there has been no progress yet on said pr-
oposal.
In your letter of March 9, 1998, copy attached, you proposed to
introduce the service by exchange of correspondencc instead of
signing a formal agreement. Considering the curient need for po-
stal administrations to maintain the competitiveness of EMS in
the world market and to satisfy the growing customer needs and
expectations, we have now decided to agree to this proposal.
We are pleased to attach herewith a document marked Annex 1 wh-
ich we are proposing to regulate the reciprocal exchange of Int-
ermational Express Mail Service (EMs) items between the Philipp-
ine Postal Corporation and the Directorate of Posts of Taiwan f-
or your comment.
Our imbalane charge will be 5 SDR for each surplus item we will
receive if there will be and
Thank you and we look for card to hearing from you soonest.
Very truly yours.

ANTONIO Z. DE GUZMAN
Assistant Postmaster General - Operations

REGULATIONS FOR THE RECIPROCAL EXCHANGE OF INTERNATIONAL EXPRESS
MAIL SERVIC (EMS)_ ITEMS BETWEEN THE PHILIPPINE POSTAL CORPORAT-
ION AND THE DIRECTORATE OF POSTS OF TAIWAN
Article 1
Purpose of the Document
This Document shall regulate the reciprocal exchange of Interna-
tional Express Mail Service (EMS) items between the Philippine
Postal Corporation and the Directorate of Posts of Taiwan.

Article 2
Definition of Terms
The terms used hereafter shall have the following significance:
1 International EMS - is the service established by the Documen-
t.
2 Programmed Service - is the International EMS which allows the
sender to send items to the addressee in accordance with a pr-
eviously fixed schedule, on the basis of a contract.
3 On - Demand Service - refers to the International EMs which a-
llows the sender to send items to an addressee without a prev-
iously fixed schedule and upon a contractual or non - contrac-
tual basis.
4 Postal Enterprises/ Enterprises - are the entities providing
postal service to the public in the resective areas of the Pa-
rties herein mentioned.

Article 3
Programmed Service
1 Each Postal Enterprise offers a programmed service on a contr-
actual basis to users who agree to use the service on a previ-
cusly fixed level of frequency for sending hems to a designat-
ed addressee.
2 Each enterprise supplies the other with a list of localities
to which the service is available and with an approximate tab-
le of delivery times for items in each locality, based on int-
ernational timetable of air and rail service.
3 When a contract for proframmed service is concluded, each ent-
erprise shall provide the other with the following imformation
at least ten (10) days before the service comes into operation
, namely:
a) the contract mumber of the user concerned in each disptch;
b) the names and addresses of the sender and the addressee;
c) the days on which the items are to be dispatched;
d) the flights or carriers to be used;
e) the time of delivery of the items, determined during the p-
reliminary inquiry;
f) the date fixed for the dispatch of the first item.
4 Similar notices shall also be given to the receiving enterpri-
se before a service is altered or terminated.

Article 4
On - Demand Service
1 Each enterprise offers an on - demand service operated on a c-
ontractual or noncontractual basis.
2 Each enterprise supplies the other with a list of localities
to which international EMS items may be sent.
3 Each enterprise supplies the other with an approximate schedu-
le of delivery times for each locality where on-demand service
is admitted. This schedule shall be based on the international
timetables of air and rail services used for dispatch of the
said items, and shall take into account the time of arrival at
the exchange office of destination.
4 Each enterprise 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 enterprise determines the fees to be paid by senders for d-
ispatch of their items and keeps the whole of the revenue obtai-
ned.

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

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

Article 8
Prohibited Items
The prohibition of the Universal Postal Convention shall apply
in all circumstances.

Article 9
Admitted Items and Customs Clearance
1 Between the respective areas of the herein Parties, programmed
and on - demand service will operate for business papers and
merchandise.
2 Each enterprise shall communicate to the other the necessary
information on customs or other regulations as well as the pr-
ohibitions or restrictions governing entry of items, above all
those containing valuables, into its service.
3 Each enterprise arranges for expeditious customs clearance and
makes every effort to forward each item by the fastest means
available.

Article 10
Size and Weight Limits
An EMS item:
a) shall not exceed 1.05 meters for any one dimension nor 2 met-
ers for the sum of the length and the girth; and
b) shall not exceed 20 kilograms in weight.

Article 11
Treatment of Items Wrcngly Accepred
1 Where an items containing an article prohibited under Article
8 or 9 has been wrongly admitted to the post, the prohibited
article is dealt with according to the legislation of the ent-
erprise establishing its presence.
2 When the weight or the dimension of an item exceed the limits
established under Article 10, it is returned to the enterprise
of origin as an international EMS item if the regulations of
the enterprise of destionation do not permit delivery.
3 When a wrongly admitted item is nether delivered to the addre-
ssee nor returned to the enterprise of origin is informed how
the item has been dealt with and of the reasons justifying su-
ch treatment.

Article 12
Undeliverable Items; Return to Origin
1 After every reasonable effort to deliver has proved unsuccess-
ful, the item is held as the disposal of the addressee for the
period of retention provided for by the regulations at the en-
terprise of destination.
2 An item refused by the address or any other undeliverable item
is returned, at no charge, to the enterprise of origin by Int-
ernational EMS.

Article 13
Items or Bags Arriving Out of Course
And to be Redirected
Each item or bag arriving out of course is redirected at not ch-
arge to its proper destination by the most direct route used by
the enterprise which has received the item or bag.

Article 14
Inquiries
1 Each enterprise 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 15
Remuneration in the Case of Imbalance
1 At the end of each year, the enterprise which receives a grea-
ter number of items than the total dispatched has the right to
claim from the other enterprise remuneration for handling and
delivery expenses in respect of each surplus item received. T-
he imbalance charge may be reviewed annually and each enterpr-
ise agrees to give the other three months notice of any change
.
2 No imbalance charge shall be collected if the defference in t-
he number of items exchanged is less than ten.

Article 16
Expenses for Domestic Ait Transport
Within the Area of Destination
Expenses for domestic air transport within the area of destiona-
tion may be claimed where necessary in accordance with the disp-
osition of the Convention if applicable.

Article 17
Transit dispatches
1 The enterprise will agree to provide transit by air for dispa-
tches sent via their respective services. They will advise one
another of re - forwarding and transit facilities.
2 In accordance with proagraph 1 of this Article, each enterpri-
se will undertake to provide transit for dispatches addressed
to or originating from another enterprise with which EMS items
are exchanged, and advise the approximate time required for c-
arrying out this service.

Article 18
Libility of the Enterprise
Each enterprise decides its own compensation policy in the case
of loss, damage, theft, or delay. Payment of compensation, if a-
ny, is - to be the sole responsibility of the enterprise of ori-
gin. Neither enterprise may claim indemmification from the other
enterprise, unless previously agreed.

Article 19
Temporary Suspension of Service
Where justified by extraordinary circumstances, either enterpri-
se may temporarily suspend service. The other must be informed
immediately of such suspension and of the resumption, if need be
by telegram, telex or telephone.

Article 20
Application of the Universal Postal Union
The Universal Postal Convention is applicable by analogy in all
cases not expressly described in this Memorandum.

Article 21
Duration of the Document
This Document shall remain valid unless either Party terminates
it by giveing wittren notice six (6) months prior to the interd-
ed date of termination unless a longer period is agreed upon by
the Contracting Parties.

Article 22
Effectivity Date
This Express Mail Service shall take effect on a date to be agr-
eed upon by both parties.