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1 Article 1 OBJECT OF AGREEMENTIn accordance with Article 6 and 92 of the Universal Postal Con-vention an exchange of International EMS shall take place betwe-en Taiwan, ROC and Fiji.Article 2 DEFINITION2.1 EMS items shall be posted at regular intervals (ProgrammedService) or irregularly at the request of the sender (On-De-mand Service).2.2 Programmed items shall be conveyed over specially agreed li-nks to guarantee delivery at the stipulated times.2.3 On-Demand items shall be forwarded to the administration ofdestination over the most rapid links available.2.4 EMS shall be available between all agreed points in Taiwan,ROC and Fiji.2.5 EMS is called "EMS" in Taiwan, ROC and "EMS" in Fiji.Article 3 PROGRAMMED SERVICE3.1 Programmed items shall be accepted on the basis of a contra-ct between the administration of posting and the sender. Th-is contract shall lay down the timetable for posting and ca-rrying EMS items as well as their frequency.The Fiji Administration does not offer Programmed Service.3.2 For each Programmed Service contract the administration oforigin will provide to the administration of destination thefollowing information at least ten days prior to commencinga service pursuant to such a contract.This Establishment shall contain the following information.-the names and addresses of the sender and the designated a-ddressee.-Licence or contract number of the sender.-the day or the days of the week for mailing.-flight to be used for dispatch.3.3 The Fiji Administration shall return a copy of Establishmentduly completed with the anticipated deliverytime.3.4 Similar notice shall also be given to the Fiji Administrati-on before a service is altered or cancelled.Article 4 ON DEMAND SERVICEEach Administration willi) - Offer On Demand Service to designated locations, a list ofwhich is provided to the other administration.ii) -Provide to the other administration a schedule of approxim-ate delivery times to each location to which the On DemandService is available, based upon scheduled flight arrivaltimes.iii) - Inform the other administration of all identification ma-rks or numbers which it uses for On-Demand items. 4.1 Prior notice of sending On-Demand items is not required.Article 5 GOODSEMS items may contain goods.Article 6 PROHIBITED OBJECTSThe prohibitions provided for in the UPU Convention shall applyto EMS items likewise the restrictions on entry and transmit gi-ven in the List of Prohibited Articles published by the Interna-tional Bureau of Universal Postal Union.Article 7 CUSTOMS CLEARANCE7.1 Each administration shall make all arrangements necessary f-or the fastest possible customs clearance of EMS items.Article 8 LIMITS OF WEIGHT AND SIZE8.1 The weight of each item shall not exceed 20 kilograms.8.2 The weight of each mail bag shall not exceed 30 kilograms.8.3 EMS items shall not exceed 1.05 metres for any one dimensionor 2 metres for the sum of the length and the greatest circ-umference measured in a direction other than that of the le-ngth.Article 9 CHARGES9.1 The charges shall be set by the administration of posting ofthe EMS items.9.2 Apart from the charges to be paid by the sender, thereshallbe no further postal charges payable by the sender or the a-ddressee of an EMS item.Article 10 FORWARDINGEMS 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.Article 11 COMPENSATION IN THE EVENT OF IMBALANCE IN EXCHANGES11.1 Each Administration shall set, in the event of imbalance inexchanges, a unit rate of compensation per item correspond-ing to the costs.11.2 At the end of each calendar year (i.e 31 December) the adm-inistration which has received a larger quantity of EMS it-ems than it has sent during that year may collect from theother administration an imbalance charge as compensation f-or handling and delivery costs it has incurred for each ad-ditional item received.11.3 Terminal dues and internal conveyance dues as defined in t-he Universal Postal Convention shall not apply to EMS items.11.4 No imbalance claim will be payable where difference in thenumber of items exchanged during the year is less than onehundred.11.5 Modifications to the imbalance charge may be made as follo-ws:a) Each administrations may increase its imbalance charge w-hen necessary due to an increase in cost of service. b) To be applicable, any such modification of the imbalancecharge will: - be communicated to the other administration at least t- hree months in advance. - remain in force for at least one year, unless this mem- orandum of understanding is terminated in accordance w- ith Article 22. Article 12 LIABILITYEach Administration shalldecide its own compensation policy incase ofloss, damage, theft or delay. Payment of compensation, ifany ,shall be the sole responsibility of the administration oforigin. Neither administration may claim indemnification from t-he other administration.Article 13 PAYMENT OF POSTAGEAll items shall have postage paid in accordance with methods ap-proved by each administration.Article 14 PACKING14.1 Each item shall be made up in such a way that the contentsbe sufficiently protected while permitting quick and easy verif-ication.Article 15 INDICATIONS ON THE OUTER COVERThe outer cover of EMS items must contain the following informa-tion:- destination: "EMS" or the name indicated on paragraph 2.5.- Office and date of posting.- names and addresses of sender and addressee.- Other indications requested by the receiving administration.Article 16 UNDELIVERABLEITEMSAn item refused by the addressee or an undeliverable item shallbe returned to the sender by EMS at no extra charge.Article 17 REFORWARDING OF MISSENT ITEMS OR BAGSEvery missent EMS item or bag shall be reforwarded to its properdestination by the most direct means used for the EMS by the ad-ministration which received it.Article 18 EXCHANGE OF INFORMATIONThe administrations shall exchange the following information:- the areas to which EMS can be sent.- anticipated delivery times based on flight arrival.- sorting system of items and the names of the exchange officesof destination. - flight schedule to be used.- other information necessary to commence and maintain the EMSservice. Article 19 DISPATCHING19.1 EMS items shall be placed in the blue and orange EMS bagsseparately from other mail items.19.2 Each bag shall bear a blue and orange label clearly showingthe office of exchange of destination.19.3 A special document "Manifest" or a C12 form to which the i-ndication EMS has been added shall be sent with each despa-tch. Each item shall be entered individually on the form.19.4 EMS bags shall be sealed.19.5 EMS bags shall be listed on a separate AV7, using new seri-al dispatch sequence.Article 20 TEMPORARY SUSPENSION OF SERVICEWhere justified by extraordinary circumstances, each administra-tion may temporarily suspend the service. The other administrat-ion shall be informed immediately of such suspension and of theresumption of the serviceby telex, telegram, electronic mail ortelephone.Article 21 APPLICATION OF THE CONVENTIONThe Universal Postal Convention or Detailed Regulations shall a-pply where appropriate, by analogy, in all cases not expresslygoverned by this Memorandum ofUnderstanding.Article 22 AMENDMENTThis Memorandum of Understanding may be modified by mutual agre-ement on the basis of exchange of letters including the text ofmodified paragraph(s)Article 23 ENTRYINTO FORCEi) This Memorandum of Understanding shall come into force on thedate mutually agreed upon by the Administrations. It shall r- emain in operation until the expiration of twelve months, af- ter which it may be terminated by mutual consent, or by eith- er party which has notified the other of its intention to do so six months before the date of termination. ii) Signed in duplicateinSuva, Fiji on 6/10/93and in Taipei, Taiwanon 6/11/'93iii)[Singed]MANAGER, RETAIL POSTAL BUSINESSFOR THE POSTAL ADMINISTRATION OF FIJI[Singed]CWIEH-KWEI HSU, DIRECTOR GENERALFOR THE POSTAL ADMINISTRATION OF THE REPUBLIC OF CHINA