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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on July 20, 1998; Entered into force on June 1, 2001.
 
AN AGREEMENT FOR THE EXCHANGE OF EMS SERVIC
On 20/7/1998 An agreement was reached between:
First Party:

(Post & Postal Savings Corporation) in Republic of Yemen.

Second Party:

POST ADMINISTRATION OF TAIWAN, ROC
----------------------------------
to exchange Express Mail Service on the following basis:

Article (1) definities:
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The EMS Service is the most fast and reliable postal Service it
relates to pooling despatching and distribution of corresponden-
ce, documents, merchandise during an extremely short duration of
time as per the prescribed delivery standards.
It has a special and distinguished treatment.

Article (2): Types of Service:
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Two types of service:
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a.Programmed service: It is a regularty scheduled service accor-
ding to a contract concluded between the concemed Administrat-
ion and the costomer.
b.Service on Demand:It is irregular and without a prearrangement
, only offered on the demand of the customer

Article (3) MERCHANDISE:
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EMS items may contain
merchandise goods unless otherwise
specified.

Article (4) CUSTOMS TREATMENT
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Each party shall take all necessary measures to facilitate and
speed - up customs treatment as shortly as possible.

Article (5) WEIGHTS & DIMENSIONS LIMITS:
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EMS items are admitted up to 20 kgs for each consignment. Dimen-
sions should not exceed 1.5 M. on any direction and 3 M. for the
sum of length and girth taken together in a direction other than
the length's direction.

Article (6) RATES:
─────────
The despatching Administration shall determine the rates on EMS
items and shall keep the revenues for its own.

Article (7) PROHIBITIONS:
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All prohibitions provided for in the UPU Convention shall be ap-
plied on EMS items along with imports & transit restrictions pu-
blished by the IB. Also items in conflict with the tenets of ls-
lam are in conflict with the tenets of lslam are prohibitied. I-
tems not in consistence with the rules and regulations of the c-
ountry of distinations ard equally not allowed.

Article (8) FORWARDING of DESPATCHES
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a EMS items shall be despatched by the already specified means
through available flights without being confined to national
Carriers. Each party shall supply the other party with the fl-
ight schedules, the name of the carriers, flight number, depa-
rture and arrival times.
b Each party shall determine the offices of exchange and the co-
nerned party shall be commited to despatch them to those offi-
ces.
c Each party shall refrain from remiling process to benefit from
rates of from the lowest imbalance charges.
d Each party shall accept EMs items for offices covered by the
service network of the other party.

Article (9) INDEMNITY IN CASE OF IMBALANCE:
──────────────────────
No imbalance charges shall be cllected unless the difference is
at least (100) items and in this case the amount of indernmity
shall be as follows:
a. (5) S.D.R. for each incoming items for the first party.
b. (5) S.D.R. for each incoming items for the second party.
c.Lost or untraceable items in the country of destination sahll
be exempted.
d.Items returned to origin shll be excluded when preparing the
accounts of the imbalance charge.
e.This clause may be reviewed if the interests of any of the two
parties are harmed by the risin cost of the service, provided
that the demanded increase of the imbalance charges shall be
based on objective and through study at the country of destin-
ation.
f.Accountancy and paymentof charges shall e settled at teh and
of each gregorial year

Article (10) LIABLITY:
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The Administration in which an irregularty took place shall be
liable to pay the indemnity for the loss, theft, damage or delay
of items. The maximum amount of indermnity shall be fixed as fo-
llows:
a.(/30) S.D.R. for each item containing only documents.
b.(/30) S.D.R. for each item containing merchandise goods.
c.The incumbent Administration shall pay full charges when the
liability is established in the above cases (loss, teft, dama-
ge or delay).

Article (11) UN DELIVERABLE ITEMS:
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An item shall be retumed to origin if refused y the addressee a-
nd if proved undeliverable after a period not exceeding 5 days
from date of receipt.
Retumed items shall be free of extra charges and through the EMS
. Each party tht retums an item shall explain the cause of non-
delivery in writing on the item or by a label or a stamp.

Article (12) REDIRECTION OF DESPATCHES:
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Any missing items or bags shall be retumed to its proper destin-
ation by direct means used by the concemed Administration. The
administration of origin shall be notified there- of, and shall
be charged the retum fees.

Article (13) IRREGULARTIES:
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The Administration of origin shall e immediately informed of any
missing of damaged item or of any delay in tratment

Article (14) RECLAMATIONS:
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a.Each party shall reply to the reclamations and inquiries conc-
enming the EMS items through the concemed office of exchange.
b.Replies shall e fumished as promply as possible and by the sa-
me means. The result of investigations shall be communicated
in period not exceeding noe week, whether positive of negative
.

Article (15):EXCHANGE OF INFORMATION:
───────────────────
a.Each party shall communicate to the other party the names of
offices covered by the EMS network.
b.The two parties shall exchange information related to delivery
standrds, determined according to the available flight schedu-
les.
c.The Administration of origin shall fumish the Administration
of destination before at least 10 days from the start of impl-
ementation of the programmed service, with the following part-
iculars:
(1) Full names and addresses of the sender and addressee.
(2) Days of despatching and condition
(3) Date of first despatch.
Any change in the above information or any suspension shall be
communicated to the other party.

Article (16) TEMPORARY SUPENSION OF THE SERVICE:
────────────────────────
Each party is entitled to temproanily suspend the service in ca-
se of emergency conditions. The second party shall be immedately
notified of the suspension and the possible resumption, date by
Fax, or telex or by telephone.

Article (17) APPLICATION OF THE UPU CONVENTION:
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The UPU Convention and its detailed regulations as well as the
standards EMS Agreement shal lbe put into force in all cases not
explictely prescribed in the agreement.

Article (18) PERIOD OF AN AGREEMENT
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the Agreement shall enter into force effective / /19 and shall
contirnue to be valid unless any of the two parties demands its
concellation or suspension, by a written notice in a period not
less than 3 months from the proposed date of suspension.

Signature:
─────
For first party:
Name:Eng. Abdulah M. AL Kabous
Job:The General manager


────────────────
For second party

Chen Chiung-ling
Name:............................
Director General of Posts
Web site:Laws & Regulations Database of The Republic of China (Taiwan)