The Postal Administration of Taiwan and the State Enterprise Sp-ecial Post, hereinafter referred to as Parties, have agreed toinitiated the Intemational Express Mail Service (EMS) between T-aiwan and Ukraine in accordance with the following terms and co-nditions:Article 1. PURPOSE OF THE AGREEMENT 1.1. This Agreement regulates the reciprocal exchange of EMS it- ems between Taiwan and Ukraine by virtue of Article 3 and Article 57 of the Universal Postal Convention and its Deta- iled Regulations (Seoul, 1994).Article 2. DEFINIIIONS The terms used hereafter bear the following significance: 2.1. The EMS service- the International Express Mail Service, s- hall be the quickest postal service by physical means. It shall consist of the collection, dispatch and delivery of correspondence, documents or merchandises within the short- est possible time. The services of the EMS service are giv- en to the enterprises, establishments. organizations, firms , foreign agencies and private persons.2.2. Programmed service- a service option that allows the sender to mail EMS items in accordance with a previ~usly fixed sc- hedule on a contractual basis.2.3. On-Demand Service- a service option which allows a sender to send EMS items without any previously fixed schedule bo- th on a contractual and not-contractual basis.Article 3. OPERATING ASPECTS 3.1. The operating aspects are stipulated in the Detailed Regul- ations of Agreement being its integral part.3.2. Universal Postal Convention and its Detailed Regulations s- hall regulate aspects not stipulated by this Agreement and its Detailed Regulations in all cases.Article 4. THE EMS NETWORK 4.1. The EMS service shall be offered in both directions between Ukraine and Taiwan in cities and populated localities defi- ned by each Party. Should the EMS service be extended, the Parties shall inform each other of the names of cities and populated localities between which the service is to be pr- ovided.Article 5. PROHIBITED ITEMS 5.1. The prohibitions laid down in the Universal Postal Convent- ion in force are applicable to EMS items, as well as the i- mport and transit restrictions included by each Party in t- he List of the Prohibited Articles published by the Intern- ational Bureau of the Universal Postal Union (tB UPU).Article 6. WEIGHT AND SIZE STANDARDS OF ITEMS 6.1. Items should meet to the following requirements of weight and size:6.1.1. EMS items shall not exceed 1,50m for any one dimension and 3,0m for the sum of the length and the greatest circ- umference measured in a direction other than that of the length ;6.1.2. The Standard maximum weight of item shall not exceed 20 kg;6.1.3. The Standard maximum weight of each mailbag shall not ex- ceed 21,5 kg.6.2. The Parties may agree to change the size and weight establ- ished standards by the way of negotiations.Article 7. CHARGES TO BE COLLECTED FROM THE SENDER 7.1. Taking into account the costs of services and state of the market, each Party shalt determine the charges to be colle- cted from the sender for dispatch of EMS items and retain all the revenue obtained for each option of the service.Articfe 8. CHARGES AND FEES TO BE COLLECTED FROM THE ADDRESSEE 8.1. Each Party shall be authorized to collect from the address- ee the customs duty and other non-postal fees, if any, as well as a charge for the collection of such fees. Articfe 9. TREATMENT OF ITEMS WRONGLY ACCEPTED 9.1. When an item containing an article prohibited under Article 5 of this Agreement has been wrongly admitted, the prohibi- ted article shall be dealt with according to the legislati- on of the Party establishing its presence.9.2. In case when the weight or the dimensions of an item exceed the standards established under Article 6, it should be de- livered to the addressee as far as possible without any ad- ditional charge. Article 10. REDIRECTION OF ITEMS ARRIVING OUT OF COURSE 10.1. Each EMS item or bag arriving out of course shall be redi- rected to its proper destination by the most direct route by the means used the Party which has received this item or bag. The Administration shall not charge the other Par- ty for the redirection of items arriving out of course. T- he redirecting Party shall notify the Party of origin and Party of destination about the item arriving out of course by the verification note.Article 11. UNDELIVERABLE ITEMS 11.1. After unsuccessful attempts of delivery, the item shall be held at the disposal of the addressee for the period of r- etention provided by the regulations of the Party of desti nation.11.2. An item refused by the addressee shall be returned immedi- ately to the Party of origin by the EMS service.11.3. Neither Party shall charge the other for the return of un- deliverable items.11.4. Each Party returning an undeliverai~le item shall give cl- early the reason for non-delivery of the item.Article 12. REQUESTS AND INQUIRIES 12.1. Each Party shall answer the requests and inquiries of the other Party relating to EMS items within a period, not ex- ceed 48 hours from the moments of its receiving by fax and within 7 days from the moment of its receiving by means of the EMS service.12.2. Requests for information shall be accepted only within a period of two months from the day after that on which the item was posted.12.3. This Article does not authorize routine requests for conf- irmation of delivery.Article 13. LIABILITY OF THE PARTIES 13.1. The Parties shall be responsible to each other for the in- fringement of the terms of this Agreement.13.2. Each Party shall be responsible and shall be free from the responsibility by virtue of Article 34 and Article 35 of the Universal Postal Convention in case of loss, theft, d- amage or delay of EMS items; shall determine independently the amount of compensation and indicate it in the Operati- ng Guide IB UPU.13.3. The Parties shall not be responsible for the customs decl- arations in any form, and the decisions made by the custo- ms services during the verification of EMS items subjected to the customs control.Article 14. SETTLEMEAITS BETWEEN THE PARTIES 14.1. When this Agreement shall be signed, the Party which has received a larger quantity of EMS items than it has sent shall have the right to collect from the Party of origin the payment for imbalance according to the established im- balance charge.14.2. Each administration shall establish an imbalance charge in conformity with the costs of service. The Parties have ag- reed to use the imbalance charges in respect one another: – for the State Enterprise Special Post 6,5 SDR per each item in the imbalance in exchanges; – for the Postal Administration of Taiwan 6.5 SDR per each item in the imbalance in exchanges.14.3. The Parties may make the modifications of the imbalance c- narge with consideration of changing the costs of services . Any modifications of the imbalance charge should be not- ified to the other Party at least three months in advance.Article 15. CUSTOMS CONTROL15.1. Customs control of EMS items shall be in accordance with the internal legislation of the contracting Parties.15.2. Each Party will make all necessary arrangements for the e- xpeditious customs control of EMS items.Article 16. TRANSIT DISPATCHES16.1. The Parties will provide, by prior arrangement, transit by air for EMS dispatches sent via their respective services, to destination countries with which EMS items are exchang- ed. They will advise each other of transit facilities. Re- gular use of these facilities shall be the subject of a s- eparate agreement, which will include transit charges.Articfe 17. FORCE IVIAJEURE17.1. The Parties have agreed that in case of originating the f- orce majeure circumstances (the action of the irresistible force, which does not depend on the will of the Parties), namely: war, military actions, blockade, embargo, other i- nternational sanctions, currency restrictions, actions of the state, which do not give possibilities to execute the obligations by the Parties, as well as fires, floods, oth- er natural disasters or seasonal natural phenomenon, the Parties shail be free from any responsibility if the terms of Agreement are not performed within the action of these circumstances.17.2. The Party having encountered the above circumstances shall notify the other Party of the beginning of force majeure circumstances within the maximum period of 3 days by the means of the electrical communications. Besides the term of the action of the indicated circumstances should be co- nfirmed by the documents. The sufficient evidence of the action of the force majeure circumstances is the document issued by Commerce and Industry Chamber of the responsible Party. otherwise this Party has not the righ to pretend to the above circumstances hereafter.17.3. If the period of action of force majeure circumstances ex- ceeds 90 days, each Party has a right to break off the Ag- reement and shall be free from any responsibility for the cessation of the Agreement and the compensation of damages (except the return of the paid-up advance payments) on co- ndition that other Party shall be notified at least 15 da- ys before the breaking.17.4. The originating of these circumstances is not the reason for the refusal from the payment of services granted up to before its originating.17.5. The Party should send urgently the notification to other Party simultaneously with the suspension of the action of the force majeure circumstances. The term for the perform- ance of the duties should be indicated in this notificati- on. Article 18. TEMPORARY SUSPENSION OF SERVICE 18.1. Each Party may temporarily fully or partly suspend the se- rvice, other Party shall be informed immediately of such suspension by telex, telegraph, telephone or by the means electronic mail. The Party shall inform other Party about resumption of service by the same communications channels .Article 19. COORDINATION AND CONTRACTS 19.1. All operative questions, which may arise in connection wi- th the execution of the terms of this Agreement by the Pa- rties, should be decided by the below-mentioned represent- atives of the Parties:19.2. From the Postal Administration of Taiwan: International D- epartment Directorate General of Posts, Taipei, Taiwan Tel: (+886 2) 2396 9133 or 2396 911619.3. From the State Enterprise Special Post: G. Krotov Chief of Center EMS Tel.: (044) 220 41 36 Department of relations with foreign Administrations and Companies Tel.: (044) 274-09-34Article 20. VALIDITY, TERMINATION OR PROLONGATION OF THE AGREEM- ENT20.1. This Agreement and its Detailed Regulations shall enter i- nto force upon its signing by both Parties. This Agreement shall be considered as prolonged for the next calendar ye- ar if neither Party shall declare the other on its cessat- ion.20.2. This Agreement may be terminated under the initiative of any Party on condition that other Party shall be notified in writing three month before its dissolution, and on con- dition of complete and final settlements according to this Agreement.20.3. All amendments and modifications to this Agreement and it- s Detailed Regulations shall be valid only if they made in writing by both Parties. All correspondence between the P- arties, including the exchange of requests, verification notes and other messages should make by facsimile or offi- cial correspondence through EMS channels.Article 21. ARBITRATION 21.1. Ail disputes or disagreements, which may arise at the time of the execution of this Agreement, must be settled by the way of negotiations.21.2. If the Parties have not reached an understanding during n- egotiations the dispute shall be referred to the trial and final decision in IB UPU. The procedure of the Arbitratic is stipulated in Anicle 128, Chapter 5 of the General Det- ailed Regulations UPU (Seoul, 1994). Article 22, LEGAL ADDRESSES OF THE PARTIES State Committee of Communications The Postal Administrationand Informatization of Ukraine of Taiwan, ROCState Enterprise Special Post International Department3 Vokzafna Sq. Directorate General of Po- sts01032 Kyiv Taipei, Taiwan 10603, ROCUkraine Tel: (+886 2) 2396 9133Tel.: (044) 220 41 36 (+886 2) 2396 9116 (044) 274 09 34 Fax: (+886 2) 2391 8302 (044) 225 33 81 Beneficiary:Fax : (044) 244 00 79 Directorate General of Pa- stsBeneficiary: State Enterprise Taipei, Taiwan 10603, ROC Special Post Account No.: 0170509302-3 Kiev, Ukraine 01032 3 Vdkzalnaya Sq. Ace. No2600.4.1245 Bank of Benef.: Aval Bank, Bank of Benef: (JS Postal The International Commerc- ial Ba Pensionary bank) of China, Cheng Chung Bra- nch Kiev, Ukraine Tel of the Bank: (+886 2) 2312 22 S.W.I.F.T.: Fax of the bank: (+886 2) 2311 16 AVAL UA UK Correspondent bank:Corr.acc. No890-0260-688 Bank OF New York New York. NY S.W.I.F.T.: IRVTUS 3N From the State Enterprise From the Postal Administr- ationSpecial Post of TaiwanGeneral director Chen Chiunq-lingP. Ogrinskij Director General of Posts Stamp Stamp MAR.14 2000 DETAIILED REGULAITIONS OF THE INTERNATIONAL EXPRESS MAIL SERVICE(EMS) AGREEMENT BETWEEN STATE ENTERPRISE SPECIAL POST AND POSTALADMINISTRATION OF AND TAIWAN, ROCThe following Detailed Regulations of the Agreement between theState Enterprise Special Post and the Postal Administration ofTaiwan concerning the International Express Mail Service have b-een drawn up in accordance with Article 3 of the above-mentionedAgreement.Article 1.INFORIVIATION TO BE SOPPLIED BY THE PARTIES 1.1. Each Party shall notify the other Party of:1.1.1. The necessary information concerning customs or other re- gulations, the prohibitions or restrictions governing the entry of EMS items in the territory of the Party or the areas for which it takes EMS items.1.1.2. The provisions of the legislation or regulations applica- ble to the conveyance of EMS items.1.2. The necessary and not stipulated information in these Deta- iled Regulations is indicated in the Operating Guide IB UPU and Additional Digest of the EMS exploitation.Articfe 2. SERVICES OFFERED: 2.1. Programmed service:2.1.1. When a contract for “Programmed service” is concluded wi- th the user, the Party of origin shall forward the notif- ication about the stipulated rules of sending the items according to the contract to the Party of destination, at least 1O days before the service comes into operation.2.1.2. The Party of destination shall be likewise informed of a- ny variations and additions in the stipulated rules of s- ending the items according to the contract with the user.2.2. The Parties may agreed of additional options of service in which the users are interested by the way of negotiations.Article 3. ADDRESSES OF THE SENDER AND THE ADDRESSEE 3.1. To be admitted for mailing, each EMS item shall bear the n- ames and compete addresses of the sender and addressee in roman letters and arabic figures (on the item itself or on a label firmly attached to it). The address signed by penc- il is not admitted, but an item, the address on which is w- ritten by chemical pencil on previously soaked surface, sh- all be received.3.2. The Party of origin should recommend to the sender to put a copy of his address and the copy of the address of the add- ressee in the EMS item.Articfe 4. ITEMS CONTAINING MERCHAND1SE4.1. Each item containing merchandise shall be applied by the a- ccompanying address CP 71.4.2. The addresses of the sender and addressee and any other in- formation pointed out by the sender, should be identical on item and on the accompanying address. In case of divergenc- es the information indicated on the item shall be consider- ed valid.4.3. Each item containing merchandise or any other article subj- ect to customs duty shall be accompanied by a customs decl- aration on form CN 23 or a similar form. The customs decla- ration shall be securely attached to the accompanying addr- ess or stuck to the item.4.4. The contents of each item shall be shown in detail on the customs declaration.4.5. The sender may apply to the accompanying address any neces- sary document (account, license for export or import, medi- cal certificate etc.) for customs control in the country of origin or country of destination.4.6. Although the Party of origin assumes no responsibility for the accuracy of customs declarations, it shall inform the sender of the correct way to complete these declarations.Article 5. DEFINITION OF THE SERVICE ITEM 5.1. The EMS items, which refer to the service correspondence s- ent by Postal Administrations and its establishments, shall be considered service items and shall be free from all pos- tal duties.Article 6. PACKING REQUIREMENTS 6.1. The EMS item shall be packed and closed in a manner befitt- ing the weight, the shape and the nature of the contents, as well as the mode and duration of conveyance. Packing and closing should protect the contents so that it could not be spoiled or damaged: – Under pressure; – Overloads and repeated processing; – In case of the sharp variations of climate, temperature or during the aerial transportation, the fluctuations of air pressure.6.2. Each EMS item must be packed and closed such that it is im- possible to tamper with the contents without leaving dear traces thereof. mail or postal equipment.6.3. Each item shall be packed and closed so as not to present any danger if it contains articles of a kind likely to inj- ure officials called upon to handle it or to soil or damage other6.4. Each item shall” have, on its packing or wrapping, suffici- ent space for service instructions, stamping and affixing labels.6.5. As for the special packing, it shall be made up in accorda- nce with the packing provisions of the Detailed Regulations of the Convention. Article 7. GENERAL STANDARDS OF DISPATCHING 7.1. The EMS items in each dispatch shall be enclosed in blue a- nd orange EMS bags.7.2. Each bag shall bear a label CN 35, showing blue and orange chevron, which has been adopted as the EMS symbol.7.3. The EMS items shall be sent in closed dispatches, and shall be accompanied by the letter bill CN 31 and the air mail d- elivery bill CN 38.Article 8. LETTER BILLS 8.1. The letter bill CN 31 shall accompany each EMS dispatch on a form acceptable to each Party. The note “RETOUR” and the reason of t~e return shall be indicated in the letter bill in case of return of the item.8.2. “On-demand” items and items sent through “the Programmed service” in a dispatch shall be entered individually on the letter bill.8.3. The letter bill shall indicate clearly that the dispatch c- ontains EMS items.Article 9. AIR MAIL DELIVERY BILL 9.1. Each dispatch shall be accompanied by the air mail delivery bill CN 38 marked so as to indicate clearly that the dispa- tch contains international Express Mail.Article 10. EXCHANGE OFFICES 10 1. The designated exchange offices of each Party shall carry out the exchange of EMS dispatches,10.2. Each Party shall designate its EMS exchange offices to be used in the service ancr inform the other Party of the lo- cation of each such exchange office.10.3. The list of the exchange offices is referred in the Opera- ting Guide IB UPU.Article 11. VERIFICATION OF EMS DISPATCHES AND ITS CONTENTS 11.1. Upon receipt of an EMS dispatch the Party of destination shall verify within the shortest possible time that the d- ispatch is consistent with the entries on the air mail de- livery bill CN 38 and the letter bill CN 31.11.2. Any evidence of missing or damaged bags or items shall be reported immediately to the Party of origin by telex or f- ax, as well as by verification note CN 43.Article 12. REDIRECTION OF ITEMS ARRIVING OUT OF COURSE 12.1. The redirecting Party shall notify the details conceming the arrival and redirection of each item arriving out of course to the Administration I establishment of origin or Administration / establishment of destination by telex, f- ax or telephone as well as by verification note CN 43. Atticle 13. RETURN OF ITEMS TO ORIGIN 13.1. The Party returned an item shall give the reason for non- delivery, written by hand on the item and in the documents accompanied it. Article 14.RETURN OF EMPTY BAGS 14.1. The empty bags shall be returned to the Party possessed t- hese bags in the direct dispatcn within the shortest poss- ible time and, if possible, likewise they arrive. The qua- ntity of the bags returned by each dispatch should be ind- icated on the letter bill CN 31.14.2. If the verification carried by the Party establishes that its services did not receive the bags in the term, which exceeds the time necessary for forwarding, it may claim t- he compensation of the cost of bags used its exchange off- ices and stated in IB UPU. The Party may decline to pay t- his compensation only in case of proving the fact of retu- rning of empty bags.Article 15. ACCOUNTING, SETTLEMENT OF ACCOUNTS 15.1. Parties shall prepare quarterly the recapitulative statem- ents indicated the total number of EMS items received and in duplicate with the summaries of EMS statement,they sha- ll be forwarded to other Party.15.2. One copy of the recapitulative statement of items duly ac- cepted within three months shall be returned to the Party of origin. The applied copies of EMS fetter bills should confirm the amendments inserted in the summary of items.15.3. After each Party has accepted the recapitulative statemen- ts the creditor Party may prepare quarterly a detailed ac- count which indicates: – the total number of accepted EMS items dispatched for t- he period, – the total number of accepted EMS items received for the period, – the imbalance, – the imbalance charge, – the total amount in SDR for the imbalance in exchanges.15.4. The settlement of accounts shall be made within six weeks from the day of account affirmation .15.5. The service items, arriving out of course and returned it- ems shall be excluded from the settlements for the imbala- nce of ENIS items.Article 16. DEFINITIONS 16.l. The definitions set forth in Article 2 of the Agreement s- hall be applicable to these Detailed Regulations.Article 17. PERIOD OF REfENTION OF DOCUMENTS 17.1. Service documents shall be kept for a minimum period of e- ighteen months from the day following the date to which t- hey refer.17.2. Documents concerning disputes or inquiries shall be kept until the matter has been settled. If the inquiring Party, duly informed of the result of an inquiry, allows six mon- ths to elapse from the date of the communication without raising any objections, the matter shall be regarded as s- ettled.From the State Enterprise From the Postal Administrati-Special Post on of TaiwanGeneral director Chen Chiung-ling P. Ogrinskij Director General of Posts Stamp Stamp MAR.14 2000