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1 ARTICLE 1 PURPOSE OF THEMEMORANDUM 1 This Memorandum of Understanding records the understandings a-nd arrangements reached between the Postal Administrations ofTaiwan, Republic of China and Solomon Islands in relation tothe exchange of international express mail service items in a-ccordance with Article 6 of the Universal Postal Convention.2 The service established by this Memorandum of Understanding isthe International Express Mail Service (EMS). The domestic co-unterpart of which is International Express Mail in Solomon I-slands and Speedpost in Taiwan, Republic of China. ARTICLE 2 DEFINITIONS The following terms used in the Memorandum have the meanings in-dicated : 1 Administration--an abbreviated form used to refer to one of t-he postal administrations signatory to this Memorandum of Und-erstanding. 2 Convention--the Universal Postal Convention of the UniversalPostal Union,adopted by the administrations signatory to thisMemorandum of Understanding. 3 Detailed Regulations of the Convention-the Detailed Regulatio-ns of the Universal Postal Convention. 4 On-Demand Service--a service provided for a sender to mail EMSitems without previous advice on a non contractual basis, toaddressees in designated locations. ARTICLE 3 ON-DEMAND SERVICE 1 Each administration will offer an On -demand Service to desig-nated locations, a list of which is provided to the other adm-inistration, 2 Each administration will provide to the other administration aschedule of approximate delivery times to each location to wh-ich the On-demand Service is available, based upon scheduledflight arrival times. 3 Each administration will inform the other administration of a-ll identification marks or numbers which it uses for On-demanditems. 4 The administration of origin is not required to provide the a-dministration of destination with notice prior to sending anOn-demand item. ARTICLE 4 FEES TO BE PAIDBY SENDER 1 Each administiation will fix the Express Mail Service fees tobe collected from its customers and will retain all the reven-ue derived therefrom. ARTICLE 5 POSTAGE 1 Each item will be stamped or franked in accordance with the m-ethod admitted by the administration of origin. ARTICLE 6 EXPENSES AND FEES TO BE PAID BY THE ADDRESSEE 1 Each administration may collect from the addressee the customsduty and other applicable non--postal fees, if any,payable oneach item it delivers and to charge for the collection of suchfees. ARTICLE 7 PROHIBITED ITEMS 1 The prohibitions and restrictions laid down in the Conventionand in the List of Prohibited Items published by the Internat-ional Bureau of the Universal Postal Union will apply also toEMS items. 2 In addition, the following articles are not accepted in EMS i-tems : Coins, negotiable securites, platinum, gold or silver (workedor not), precious stones, jewellery and other valuable object-s. ARTICLE 8 ADMITTED ITEMS: CUSTOMS CLEARANCE 1 Each administration will advise the other administration of t-he items which are acceptable for transmission, and those whi-ch are subject to customs examination. 2 Each administration will arrange for expeditious customs clea-rance and, in accordance with its regulations for the type ofservice used, will make every efforts to effect delivery of e-ach item by the most rapid means available. ARTICLE 9 SIZE AND WEIGHT LIMITS An EMS item : 1 may not exceed 1.05 metres for any one dimension nor 3 metresfor the sum of the length and the girth ; 2 may not measure less than 90x140mm with a tolerance of 2mm ;and 3. may not exceed 20 kilogrammes in weight. ARTICLE 10 TREATMENT OF ARTICLESWRONGLY ACCEPTED 1 When an item containing an article prohibited under Article 7has been wrongly admitted to the post, the prohibited articlewill be dealt with in accordance with the legislation of theadministration establishing its presence. 2 When the weight or the dimensions of an item exceed the limit-s established under Article 9 it will be returned to the admi-nistration of origin as an EMS item if the regulations of theadministration of destination do notpermit delivery. 3 When an item wrongly admitted is neither delivered to the add-ressee nor returned to orgin, the administration of origin wi-ll be informed of how the item has been dealt with, and of therestriction or prohibition which required such treatment. ARTICLE 11 UNDELTVERABLE ITEMSRETURN TO ORIGIN 1 After every reasonable effort to deliver an item has proven u-nsuccessful, the item will be held for the period of retentionprovided by the regulations of the administration of destinat-ion. 2 An item refused by the addressee or any other undeliverable i-tem is returned at no charge to the administration of originby International EMS. ARTICLE 12 ITEMS OR BAGS ARRIVING OUT OF COURSE AND TO BE REDIRECTED 1 Each item or bag arriving out of course will be redirected atno charge to its proper destination by the most direct routeused by the administration which received the item or bag.ARTICLE 13 ENQUIRIES 1 Each administration will respond in the shortest possible time, not to exceed one month, to enquiries relation to items.2 Enquiries will be accepted only within a period of four monthsfrom the day after that on which the item was posted. 3 This Article does not authorise routine requests for confirma-tion of delivery. ARTICLE 14 REMUNERATION IN THE CASE OF IMBALANCE 1 At the end of each calendar year (i.e.3 1st December) the adm-inistration which has received a larger quantity of EMS itemsthan it has sent during that year may collect from the otheradministration an imbalance charge as compensation for the ha-ndling and delivery costs it has incurred for each additionalitem received. 2 No imbalance claim will be payabel where the difference in thenumber of items exchanged during the year is less than one hu-ndred. 3 Modifications to the imbalance charge may be made as follows: (a) Each administration may increase its imbalance charge whennecessary due to an increase in the cost of service. (b) To be applicable, any such modification of the imbalance ch-arge will : -- be communicated to the other administration at least thr-ee months in advance. --remain in force for at least one year, unless this Memor- andum of Understanding is terminated in accordance with Article 22. ARTICLE 15 EXPENSES FOR DOMESTICAIR TRANSPORT WITHIN THE COUNTRY OF DEST-INATION Expenses for Domestic Air Transport within the country of desti-nation are payable by the receiving country. ARTICLE 16 TRANSIT DESPATCHES 1 Each administration will provide transit for EMS and despatch-es to or from any administration with which it exchanges suchitems or despatches. 2 For each item or despatch forwarded pursuant to this paiagraph, the administration proving onward air conveyance will be en-titled to collect dues from the other administration in accor-dance with the provisions of the Convention. ARTICLE 17 LIABILITY OF ADMINISTRATIONS 1 Each administration will decide its own compensation policy inthe case of loss, damage, theft or delay. Payment of compensa-tion, if any, will be the sole responsibility of the administ-ration of origin. Neither administration may claim indemnific-ation from the other administration. 2 Each administration may collect only the rates, charges, andfees established under this Memorandum of Understanding. ARTICLE 18 TEMPORARY SUSPENSION OF SERVICE 1 Each administration may temporarily suspend the service, eith-er wholly or in part, should circumstances justify this. 2 The administration suspending the service will immediately no-tify the other administration of such suspension, and of theresumption, by telegram, telex or telephone. ARTICLE 19 APPLICATION OF THE CONVENTION 1 The Convention and its Detailed Regulations will apply, whereappropriate, by analogy, in all cases not expressly governedby this Memorandum of Understanding or by its Details of Impl-ementation. ARTICLE 20 EXECUTION OF MEMORANDUM 1 Matters necessary to ensure the execution of this Memorandumof Understanding are annexed hereto in one form of Details ofImplementation. In addition, each administration may adopt me-asures for the internal operation, of its services not incons-istent with this Memorandum of Understanding or its Details ofImplementation. ARTICLE 21 MODIFICATION OF MEMORANDUM 1 This Memorandum of Understanding and its Details of Implement-ation may be modified by mutual consent on the basis of an ex-change of letters. ARTICLE 22 DURATION OF MEMORANDUM 1 After this Memorandum of Understanding has been in effect forone year, it may be terminated by mutual consent, or by eitherparty which has notified the other or its intention to do sosix months before the date of termination. ARTICLE 23 DATE OF EFFECT 1 This Memorandum of Understanding will take effect on a date m-utually arranged between the administrations. Signed in duplicate in Honiara, Solomon Islands on : 19/12/86and in Taipei on : 2/4/87 [Signed] For the Postal Administration of Solomon Islands Following [Signed] For the Postal Administration of the Republic of China Details of Implementation of Memorandum of Understanding betweenthe Postal Administrations of Solomon Islands and Taiwan concer-ning the international Express Mail Service (EMS) have been dra-wn up in accordance with Article 20 of that Memorandum. (i) Each administration will notify the other administration of:(a) its laws or regulations applicable to the conveyance of EMSitems ; (b) the rates and dues established according to the provisionsof the Memorandum of Understanding ; (c) the forms, labels, and other documentation which it requiresin the service ; and (d) the minimum time required to effect the transit of EMS itemsor despatches. (ii) Any change to the information mentioned is sub-paragraph l.(i) will be communicated in writing immediately to the oth- er administration. 2 Each item admitted will : (a) bear, in Roman letters and Arabic numerals on the item itse-lf or on a label firmly affixed to it, the names and comple-te addressee, and the mailing date. (b) have, on its packing or wrapping, sufficient space for serv-ice instructions and for affixing service labels, including the C.L. customs label ; (c) be packed and closed in a manner befitting the weight, theshape, and the nature of the contents as well as the mode a-nd duration of conveyance ; (d) be packed and closed so as not to present any danger to theofficial required to handle it,and so as not to soil or dam-age other mail or postal equipment. 3 (i) International Express Mail despatches will be made up inclosed mails, and will be accompanied by an airmail deliv-ery bill (Universal Postal Union form AV7). This bill willindicate in the "Remarks" column that the despatch contai-ns EMS items. (ii) The items will be inserted in the blue and orange bags u-sed for the International Express Mail Service. (iii) Each bag will bear a label, showing the blue and orangelogo which has been adopted as the EMS identification s- ymbol. Each bag label will clearly indicate the exchange office of destination and the type of service used. (iv) An EMS Despatch Note, in a form acceptable to each admin-istration, will be inserted in the final bag of each des- patch. The Despatch Note will clearly indicate that the despatch contains EMS items. It will show also the despa- tch number. 4 (i) The exchange of despatches of EMS items will be effectedby the designated exchange offices of each administration.(ii) Each administration will give the other administration a-dvance notice of redesignation, creation or closure of e- xchange offices. 5 (i) Upon receipt of a despatch, the administration of destina-tion will check the despatch to confirm its conformity wi-th the airmail delivery bill. (ii) The contents of each despatch will be checked as soon aspossible, at an office designated by the administration of destination, to confirm their conformity with their D- espatch Note. 6 (i) Any evidence of irregularities detected upon receipt of adespatch will be reported without delay to the administra-tion of origin by telex or telephone and confirmed in wri-ting (ii) All other action taken in connec- tion amended with anyirregularity will be governed by the regulations of the administration of destination. 7 (i) For each item or bag arriving out of course, the redirect-ing administration will notify the administration of orig-in, by telex or telephone, of the details concerning the arrival and redirection. 8 (i) Each administration which returns an item for any reasonwhatsoever will give, either in handwriting, or by means of a stamped impression or a label, on both the item and on the Despatch Note which accompanies it, the reason for non--delivery. 9 (i) The procedures for accounting and for the settlement ofaccounts for internal air conveyance will be governed by the provisions concerning accounting for airmail in the Detailed Regulations of the Convention. (ii) The procedures for accounting and settlement of accountsfor traffic imbalances will be as follows : (a) The settlement will take place annually. (b) Each administration will prepare annually a statement of items received, on a mutually acceptable form fth- ich will indicate the numbers of items per month bas- ed upon the particulars of the Despatch Notes. These forms will be forward to the administration of origin within two months from the end of the calendar year. (c) After verifying the statement of items received, the administration of origin will advise the destination administration by correspondence of its acceptance. If the verification reveals any discrepancies, a cor- rected statement will be returned to the destinetion administration duly amended and accepted. If the des- tination administration disputes the amendments, it will confirm the data by sending to the administrati- on of origin photocopies of relevant Despatch Notes and notices of irregularities. If the desination adm- inistration does not receive notice of amendment wit- hin two months from the date of forwarding the annual statement of items received, the statement will be r- egarded as fully accepted. (d) After each administration has accepted the statement of items received, the creditor administration will prepare a detailed account of statement of charges on a mutually acceptable form which will indicate the t- otal number of items received and despatched, the im- balance charge per item, and the total amount due. (e) Accounts will be settled within 6 months from the la- st day of the period to which the figures refer. 10 (i) Documents of the service will be retained for a minimumperiod of eighteen months from the day foliowing the date to which they refer. (ii) Any document concerning a dispute Or any inquiry will bekept until the matter has been settled. If the inquiry administration, duly informed of the result of an inqui- ry, allows six months to elapse from the date of the co- mmunication without raising any objections, the matter will be regarded as settled. 11 (i) These Details of Implementation will take effect at thesame time as the Memorandum of understanding to which th- ey refer. (ii) These Details of Implementation, and any amendments madepursuant to Article 21 of the Memorandum of Understandi- ng.