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

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1.Signed on February 23, 1987; Entered into force retrocatively of February 20, 1987.
 
Article 1
Purpose of the Memorandum
This Memorandum regulates the reciprocal exchange of Internatio-
nal EMS/SPEEDPOST between contracting administrations.

Article 2
Definitions
The terms used hereafter bear the following significance :
1 Programmed Service - The service which allows the sender to s-
end items to an addressee in accordance with a previously fix-
ed schedule, on the basis of a contract.
2 On--demand Service -- The service which allows the sender to
send items to an addressee without a previously fixed schedule
and upon a 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 arriving timetable of air services.
3 When a contract for programmed service is concluded, the admi-
nistration of origin shall provide the administration of dest-
ination the folowing information, at least 10 days before the
service comes into operation :
a) The contract number of the user concerned in each despatch
;
b) The names and addressees of the sender and the designated
addressee;
c) The days on which items are to be despatched ;
d) Flights to be used;
e) Date and time of delivery of the item, determined during t-
he preliminary 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 noncontractual 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 arrivi-
ng timetable of flights used for transporting of the said ite-
ms.
4 Each administration informs the other of all the identifying
marks or figures used for on-demand service.

Articles 5
Admissible Articles
1 From the Republic of China to Oman or from Omen to the Republ-
ic of China, the service will operate for business papers, sa-
mples and merchandise.
2 Items containing samples or merchandise should be accompanied
by a C1 or C2 / CP3 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 non-postal fees.

Article 8
Postage
The items shall be franchised in accordance with the method adm-
itted by the administration of origin.

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

Article 10
Customs Inspection
1 All bags and packets subject to customs examination shall be
resealed by the customs officers and indication of such inspe-
ction shall be evident by a customs seal or stamp.
2 The parties shall undertake to expedite customs clearance of
incoming items, to ensure delivery to addressee within the sh-
ortest possible time.

Article 11
Size and Weight Limits
1 The limit of size of each item shall be 105cm for any one dim-
ension and2OOcm for the sum of the length and the girth.
2 The weight limit of each item shall not exceed 15kg.

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 article
is dealt with according to the legislation of the administrat-
ion 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 EMS item, if the regulations of the adm-
inistration 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 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 efffort to deliver an item has proved
unsuccessful, the item is held at the disposal of the address-
ee for the period of retention provided for by the internal r-
egulations 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 service.

Article 14
Items or Bags 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 item or bag.

Article 15
Enquiries
1 Each administration is to reply as soon as possible to request
for infermation 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 large quantity of EMS items than it has sent during that ye-
ar shall have the right to collect from the other administrat-
ion as compensation, an imbalance charge for the handling and
delivery costs it has incurred for each additional item recei-
ved.
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 t-
hree 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
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 at rates established in the provisions of the
Convention which govern internal air conveyance dues.

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 l 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 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
the other administration.

Article 20
Temporary Suspension of Service
Where justified by extraodinary circumstances, 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 of telephone.

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

Article 22
Duratin 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 23
Effective Date
The present Memorandum becomes effective on February 20, 1987.

FOR THE POSTAL ADMINISTRATION OF SULTANATE OF OMAN

[Signed]
FOR THE POSTAL ADMINISTRATION OF THE REPUBLIC OF CHINA
[Signed]
Charles C. Y. Wang
Director General of Posts
Taipei
Date : February 23, 1987
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