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

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1.Signed on July 2, 1990; Entered into force on August 1, 1990.
 
This Agreement is made this 22ND day of JUNE 1990 between POSTS
AND TELECOMMUNICATIONS CORPORATI ON,GHANA on the one hand, and
TAIWAN,ROC on the other hand.
Whereas the parties to this Agreement are desirous of exchanging
International Express Mails for the purpose of carrying same to
their final destination.
It is hereby agreed between the parties herein as follows:

Article l Purpose of the Agreement
This Agreement shall govern the exchange of International Expre-
ss Mails between the parties herein including any areas for whi-
ch the postal administrations of the said parties exercise Inte-
rnational Express Mail jurisdiction.

Article 2 Definitions
Unless the context otherwise requires, the following words shall
have the meanings herein assigned to them:
1."Administration" -shall mean one of the postal administratio-
ns of the parties to this Agreement;
2."Articles" -shall mean except where the context otherwise in-
dicates an article which is or can be inserted into an item;
3."Convention" -shall mean the Universal Postal Convention ado-
pted by the Congress of the Universal Postal Union from time
to time;
4."Detailed Regulations of the Convention" -shall mean the Det-
ailed Regulations of the Universal Postal Convention enacted
by the Congress of the Universal Postal Union from time to ti-
me;
5."International express Mail Service" -shall mean the service
setablished by this Agreement;
6."Scheduled Service" -shall mean an International Express Mail
service option which allows a sender to enter into a contract-
ual arrangement to mail items on a designated schedule to des-
ignated addressee;
7."On-Demand Service"-shall mean and International Express Mail
Service option which allows a sender to mail an item on a non-
contractual basis and without any requirements for scheduling
or prior designation of addressee.

Article 3 Scheduled Service
1.Each administration shall offer scheduled service on a contra-
ctual basis to customers who agree to use tne service on a de-
signated schedule to send items to designated addressees.
2.Each administration shall provide the other administration wi-
th a schedule of approximate delivery times to each city or o-
ther location to which scheduled service is available, based
upon the time schedules of the international flights used to
carry scheduled items.
3.For each scheduled service contract, the administration of or-
igin shall provide the administration of destination with the
following information at least ten days prior to commencing s-
ervice pursuant to such contract:
(i) The identification number of the customer contract, which'n-
umber shall be indicated on each item sent;
(ii) The names and addresses of the sender and designated addre-
ssee;
(iii) The days of the week designated by the customer as schedu-
led despatch days;
(iv) The time of day delivery is requested; and
(v) The airline and flight number to be used.
4.The administration of origin shall notify the administration
of destination of any changes in the information referred to
in Section 3 of this Article.

Article 4 On-Demand Service
1.Each administration shall offer ondemand service which shall
be available to customers on a non-scheduled basis.
2.Each administration shall provide the other administration wi-
th a list of the cities and other locations to which on-demand
service is available.
3.Each administration shall provide the other administration wi-
th a schedule of approximate delivery times to each city or o-
ther location to which on-demand service is available, based
upon the time schedules of the international flights used to
carry on-demand items.
4.Each administration shall number ondemand items with a unique
number and shall inform the other administration of all ident-
ification marks or numbers which it uses for each on-demand i-
tem.
5.The administration of origin is not required to provide the a-
dministration of destination with notice prior to sending an
on-demand item.

Article 5 Charges to be Collected from
the Sender Each administration shall fix the charges to be coll-
ected from its senders for sending items in the service.

Article 6 Charges and
Charges and Fees to be Collected from the Addressee Each admini-
stration shall be authorized to collect from the addressee the
customs duty and other applicable non-postal fees ,if any ,paya-
ble on each item it delivers and a charge for the collection of
such fees.

Article 7 Conditions of Acceptance
Provided that the contents do not come within the prohibitions
listed in Article 8, each item to be admitted into the Internat-
ional Express mail service shall;
(a) be packed in a manner adapted to the nature of the contents
and the conditions of transport;
(b) bear the names and addresses of the addressee and of the se-
nder; and
(c) satisfy the conditions of weight and other administration w-
ith a schedule of approximate delivery times to each city or
other location to which scheduled service is available, bas-
ed upon the time schedules of the international flights used
to carry scheduled items.
size fixed by Article 9.

Article 8 Prohibitions
1.The provisions of the Convention governing prohibitions shall
be applicable to the insertion of articles in International E-
xpress Mail items.
2.Each administration shall communicate to the other the necess-
ary information concerning customs or other regulations, as w-
ell as the prohibitions or restrictions governing entry of po-
stal items in its service.

Article 9 Limits of Size Weight
An item of International Express Mail:
(a) shall not exceed 1.5 meters for any dimension not 3 meters
for the sum of the lengths and the greatest circumference m-
easured in a direcrion other than that of the length; and
(b) shall not exceed 20 kilograms in weight.

Article 10 Treatment of Items Wrongly Accepted
1.When an item containing an article prohibited under Article 8
bas been wrongly admitted to the post, the prohibited article
shall be dealt with according to the laws of the country of t-
he administration establishing its presence.
2.When the weight or the dimensions of an item exceed the limits
established under Article 9, it shall be returned to the admi-
nistration of origin if the regulations of the administration
of 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 sha-
ll be informed how the item has been dealt with and of the re-
striction or prohibition which re- quired such treatmint.

Article 11 General Rules for Delivery and Customs Clearance
1.Each administration shall, in accordance with its regulations
for the type of service used, make every effort to effect de-
livery of each item of International Express Mail by the fas-
test means available.
2.Each administration shall make every effort to expedite the
customs clearance of International Express Mail items .

Article 12 Undeliverable Items
1.After every reasonable effort to deliver an item has proven u-
nsuccessful,the item shall be held at the disposal of the add-
ressee for the period of retention provided by the regulations
of the administration of destinstion.
2.An item refused by the addressee shall be returned immediately
to the administrations of origin.
3.Each undeliverable item shall be returned to the administrati-
on of origin through the International Express Mail service.
4.Neither administration shall charge the other for the return
of undeliverable items.

Article 13 Items Arriving Out of Course and to be Redirected
1.Each item arriving out of coures shall be redirected to its p-
roper destination by the most direct route used by the admini-
stration which has received the item.
2.Neither administration shall charge the other for the redirec-
tion of items arriving out of course.

Article 14 Inquiries
1.Each administration shall answer in the shortest possible time
, not exceeding one month, inquiries relating to any Internat-
ional Express Mail item posted by the other administration.
2.Inquiries shall be accepted only within a period of three mon-
ths from the date on which the item was posted.
3.This article does not authorise routine requests for confirma-
tion of delivery.

Article 15 Allocation of Surface Costs for Traffic Imbalances
1.At the end of each calendar year, the administration which has
received a larger quantity of International Express Mail items
than it has sent during that year shall have the right to col-
lect from the other administration, as compensation, an imbal-
ance charge for the surface handling and delivery costs it has
incurred for each additional item received, in accordance with
the Detailed Regulations in Appendix I of this Agreement.
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 as increase is necessary due to an increase in the cost
of services.
(b) To be applicable,any such modification of the imbalance cha-
rge shall:
(i) be communicated to the other administration at least three
months in advance;
(ii) remrain in force for at least one year.
4.No imbalance charge shall be collected if the difference in n-
umber of items exchanged is less than one hundred. However, if
the difference exceeds 100 items we would charge an imbalance
rate of 5SDR.

Article 16 Internal Air Conveyance Dues
Each administration which provides air conveyance of items with-
in its country shall be entitled to reimbursement of internal a-
ir conveyance dues.

Article 17 Onward Air Conveyance
1.Each administration shall provide onward air conveyance servi-
ce to or from any country with which it exchanges Internation-
al Express Mail items, for items addressed to or originationg
fom the other administration and shall provide approximate on-
ward air conveyance times.
2.For each item forwarded pursuant to this article, the adminis-
tration providing onward air conveyance service shall be auth-
orised to collect from the other administration the onward air
conveyance rates applicable to airmail under the Convention.
3.For each item sent in transit a decouvert, the administration
providing onward air conveyance services shall be authorised
to collect from the other administration, in addition to the
onward air conveyance rates, a per item charge to compensate
for imbalance charges incurred on behalf of the other adminis-
tration.

Article 18 No Additional Rates, Charges or Fees
Each administration shall establish its own policy concerning l-
iability in cases of loss, damage,theft or delay in delivery of
International Express Mail items. The administration of origin
shall be responsible for making indemnity payments, if any ,to
its senders, without recourse to the other administration.

Article 20 Application of the Convention
The Convention or its Detailed Regulations shall be applicable,
where appropriate, by analogy, in all cases not expressly gover-
ned by this Agreement or its Detailed Regulations.

Article 21 Detailed Ragulations
Details of implementation of this Agreement shall be governed by
its Detailed Regulations in Appendix I.

Article 22 Arbitration
Any dispute which arises between the administrations concerning
the interpretation or application of this Agreement which cannot
be resolved by the administrations to their mutual satisfaction,
shall be settled by arbitration, following the arbitration proc-
edures of the Universal Postal Union at the time that the dispu-
te is submitteed by an administration for arbitration. The arbi-
trators shall be chosen from the administrations which provide a
service analogous to International Express Mail service.

Article 23 Alteration or Amendments, Additional Rules and Regul-
ations
1.This Agreement or its Detailed Regulations may be altered or
amended by mutual consent by means of correspondence between
officials of each administration who have been authorised to
make such alterations or amendments.
2.Each administration is authorised to adopt implementing rules
and regulations for its internal operation of the service not
inconsistent with this Agreement or its Detailed Regulations.

Article 24 Entry into Force and Duration
1.This Agreement shall enter into force on the date mutually ag-
reed upon by the administrations, after it is signed by the a-
uthorised representatives of both administrations.
2.This Agreement shall expire twelve months after either admini-
stration notifies the other in writing of termination.
IN WITNESS WHEREOF the parties hereto have hereunto set their h-
ands by their duly authorised representatives on the day and ye-
ar first above written.
EXPEDITED MAIL
SERVICE(EMS)
[Signed]
Int'l Relations Manager Witness
[Signed]
Director of International Dept.
Witness
Taipei, Taiwan, ROC
JUL 2 1990
[Signed]
Director-General
Posts&Telecommunications
Corporation
Director General
costs & telecommunications
corporation
ISigned]
Director General of Posts
Signed
Head of the other
Postal Administration
Taipei, Taiwan, ROC
JUL 2 1990
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