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1 ARTICLE 1Object of the Understanding and Definition1.The service established by this Memorandum of Understanding b-etween the contracting administrations is the International E-xpedited MailService (EMS). This corresponds to "Priority Cou-rier International/Messageries Prioritaires Internationals" inLACS and "EMS/SPEEDPOST" in Taiwan, ROC.The service as defined under this agreement will be for itemsdestined for delivery in LACS and TAIWAN.2.The EMS service shall be the quickest postal service by physi-cal means. It shall consist of the collection, dispatch and d-elivery in a very short space of time of correspondence, docu-ments of goods.ARTICLE 2International EMS within the Meaning of the Present Agreement E-ach administration agrees to accept the following types of EMSitems from the administration of posting:- programmed items;- on-demand items.ARTICLE 3Programmed Items1.Programmed items shall be accepted on the basis of contract b-etween the administration of posting and the sender. This con-tract shall lay down the timetable for posting and conveyingEMS items as well as their frequency.2.Each administration shall provide the administration of originwith a schedule of approximate delivery times to each locationservices, based upon scheduled flight arrival times.3.For each programmed service contract, the administration of o-rigin will provide the other administration with the followinginformation at least ten (10) days prior to commencing servicepursuant to such contract.(I) the identification number of the customer contract, which n-umber must be indicated on each item sent;(ii) the name and address of the sender and the addressee;(iii) the days designated for despatch of items;(iv) the time of day delivery is requested;(v) the airline(s) and flight number(s) to be used; and(vi) the starting date of the link.4.Any amendments to the information provided in accordance withthis paragraph is notified without delay, if need be by teleg-ram , telex, telephone or facsimile.ARTICLE 4On-demand Items1.On-demand items shall be accepted without any contractual arr-angement and without any previously laid down frequency.2.Each administration will provide the administration of originwith a schedule of approximate delivery times to each locationto which on-demand service is available based upon the schedu-le of the international flights used to carry on-demand items.3.Each administration is requested to inform the other administ-ration of all identification marks of numbers which it uses f-or each on-demand item.4.The administration of origin is not required to provide the o-ther administration with notice prior to sending an on-demanditem.ARTICLE 5Goods/MerchandiseUnless the contrary is specified, EMS items may contain goods/m-erchandise.This service is for the conveyance of goods which may.have comm-ercial value and which may be subject to duty and other importregulation in the country of destination. The same restrictionsapply as for International Mail.ARTICLE 6Customs ClearanceEach administration will make all arrangements necessary for theexpeditious customs clearance of EMS items. In order to facilit-ate this, each administration will advise the other administrat-ion of which items, acceptable for transmission, are subject tocustoms examination. EPTL will collect from the addressees thecustoms duty and all other charges which may be due.ARTICLE 7Limits ofWeight and SizeEMS items shall be admitted up to a maximum weight of 20kg. Theymay not exceed 1.05 meters for any one dimension or 2 meters forthe sum of the length and the greatest circumference measured ina direction other than the length.ARTICLE 8ChargesThe charges shall be set by the administration of posting of theEMS items.ARTICLE 9Prohibited ArticlesThe prohibitions provides for in the UPU Convention shall applyto EMS items as shall the restrictions on importation and trans-it given in the List of Prohibited Articles published by tde In-ternational Bureau of the Universal PostalUnion. Valuable artic-les as defined in the Universal Postal Convention shall not beadmitted.ARTICLE 10ForwardingEMS items shall be sent by the fastest pre-arranged means of tr-ansport from the time of posting (or from the time they are col-lected from the sender) to delivery. Administrations shall cons-ult one another on this.ARTICLE 11Compensation1.Terminal dues as defined in the Universal Postal Convention s-hall not apply to EMS items.2.At the end of each year of this MOU, the administration whichhas received a larger quantity of International EMS mail thanit has sent during that year shall have the right to collectfrom the other administration, as compensation, an imbalancecharge for the handling and delivery costs it has allocated f-or each item received.3.Each administration shall establish an imbalance charge per i-tem which shall correspond to the costs of services.4.Modifications of the imbalance charge may be made as follows:(a) Each administration may increase its imbalance charge whensuch an increase is necessary due to an increase in the cos-ts of services.(b) To be applicable, any such modification of the imbalance ch-arge must:(i) be communicated to the other administration at least threemonths in advance, (ii) remain in force for at least one year, unless this MOU is terminated or annulled. ARTICLE 12Internal Air Conveyance DuesEach administration, with provides air conveyance of received E-MS items, is entitled to internal air conveyance dues in reimbu-rsement of the cost of such conveyance.ARTICLE 13Liability ofAdministrationsEach administration decides its own compensation policy in thecase of loss, damage, theft or delay. Payment of compensation,if any, is to be the sole responsibility of the administrationof origin, who may not claim indemnification from the other adm-inistration.ARTICLE 14Undeliverable ItemsAn item refused by the addressee or an undeliverable item shallbe returned to the sender by international EMS at no extra char-ge.ARTICLE 15Reforwarding of Missent Items or BagsEvery missent EMS item or bag shall be reforwarded to its properdestination by the most direct route with appropriate charges bythe administration which has received the item or bag.Each administration shall notify the other administration, by t-elex, telephone or facsimile, of the details concerning the arr-ival and redirection of each item or bags arriving out ofcourse.ARTICLE 16Treatment of Item Wrongly Accepted(a) When an EMS despatch containing an item prohibited under Ar-ticle 9 has been admitted into the mailstream in error, thatitem shall be dealt with according to the legislation of theadministration establishing its presence.(b) When the weight; or the dimensions of an item exceed the li-mits established under Article 7, it is returned to the adm-inistration of origin as an international EMS item, if theadministration's regulations do not permit delivery.(c) When an item is inadvertently sent to a location which is n-ot serviced by EMS, each administration shall ensure the de-livery of the item by the fastest postal means available.(d) When a wrongly admitted item is neither delivered to the ad-dressee.nor returned to origin, the administration of originis informed how the item has been dealt with and of the res-triction or prohibition which caused such treatment to be r-equired.(e) In all such cases, each administration shall notify the oth-er administration, by telex, telephone, or facsimile of thedetails concerning the disposition of the EMS despatch.ARTICLE 17Inquiries1.Each administration shall reply as soon as possible to requestfor information in respect of EMS items. This timeframe can beshortened by using the EMS unique 13 character identifier (Co-de 39) as approved by the CCPS. The reply shall normally be s-ent by the same means as that used for the corresponding requ-est for information (i.e.by telex, telephone, facsimile, EMSor electronic mail, etc.)2.Enquiries shall be accepted only within a period of three mon-ths from the day alter that on which the item was posted.3.This article does not authorize routine requests for confirma-tion of delivery.ARTICLE 18Temporary Suspension of ServiceWhere justified by extraordinary circumstances, an administrati-on may temporarily suspend the service. The other administrationshall be informed immediately of such suspension and of the res-umption of the service, if need be by telegram, taler, facsimile, electronic mail or telephone.ARTICLE 19Application of the Universal Postal ConventionThe Universal Postal Convention and its Detailed Regulations sh-all be applicable by analogy in all cases not expressly governedby this Agreement and its Details of Implementation.ARTICLE 20Implementation of the Memorandum of UnderstandingIn order to give effect to this Memorandum of Understanding, De-tails of Implementation are drawn up and annexed thereto. In ad-dition, each administration may adopt measures for the internaloperation of its services not inconsistent with this Memorandumof Understanding or its Details of Implementation.ARTICLE 21AmendmentThis Memorandum of Understanding and its Details of Implementat-ion may be modified by mutual agreement on the bias of an excha-nge of letters, to which the text of the modified paragraph(s)is annexed.ARTICLE 22Effective Date and Duration of the Memorandum of Understanding(a) This Memorandum of Understanding takes effect on the date m-utually agreed upon by the administrations.(b) This Memorandum of Understanding may be terminated by agree-ment or annulled at the instance of either administration,upon six months notice given to the other.For the:For the:Enterprise of Posts Directorate General of Postsand Telecommunications LaoTaipei, Taiwan ROC[Signed][Signed]Pho PHATHAPHONE Chieh-kwei HsuVice Director of EPTL Director General of PostsDate: October 7, 1994 Date: September 23 1994