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Express Mail Service Agreement Between the Postal Administration of Fiji and the United States Postal Service [2002] PITSE 11 (3 August 2001)

EXPRESS MAIL SERVICE AGREEMENT BETWEEN THE POSTAL ADMINISTRATION OF FIJI AND THE UNITED STATES POSTAL SERVICE

[EMS AGREEMENT, WITH DETAILED REGULATIONS]

(Signed at Suva and Arlington on 3 August and 21 December, 2001)

ENTRY INTO FORCE: 1 March 2002

PREAMBLE

THE UNDERSIGNED, by virtue of the authority vested in them, have concluded the following Agreement.

Article 1

Purpose of the Agreement

This Agreement shall govern the exchange of EMS (Express Mail Service) items between the postal administrations of Fiji and the United States of America, including any areas for which the postal administrations of these countries exercise EMS responsibilities.

Article 2

Definitions

As used herein the following terms shall have the indicated meanings:

1. Administration - an abbreviated form used to refer to one of the postal administrations of the countries signatory to this Agreement;

2. Articles and sections - articles and sections of this Agreement, except when the context indicates an article which is or can be inserted into an item;

3. Convention - the Universal Postal Convention adopted by the Congress of the Universal Postal Union from time to time;

4. Detailed Regulations of the Convention - the Detailed Regulations of the Universal Postal Convention, amended from time to time by the Postal Operations Council of the UPU;

5. EMS service - the service established by this Agreement;

6. Scheduled service - an EMS service option which allows a sender to enter into a contractual arrangement to mail items on a designated schedule to designated addressees;

7. On-demand service - an EMS service option which allows a sender to mail an item on a non-contractual basis and without any requirements for scheduling or prior designation of addressee.

Article 3

Scheduled Service

1. Each administration shall offer scheduled service on a contractual basis to customers who agree to use the service on a designated schedule to send items to designated addressees.
 
2. Each administration shall provide the other administration with a schedule of approximate delivery times to each city or other location to which scheduled service is available, based upon the time schedules of the international flights used to carry scheduled items.

3. For each scheduled service contract, the administration of origin shall provide the administration of destination with the following information at least ten days prior to commencing service pursuant to such contract:

(i) The identification number of the customer contract, which number shall be indicated on each item sent;

(ii) the names and addresses of the sender and designated addressee;

(iii) the days of the week designated by the customer as scheduled dispatch days;

(iv) the time of day delivery is requested; and

(v) the airline and flight number to be used.

4. The administration of origin shall notify the administration of destination of any changes in the information referred to in Section 3 of this Article.

Article 4

On-Demand Service

1. Each administration shall offer on-demand service which shall be available to customers on a non-scheduled basis.

2. Each administration shall number on-demand items with the unique identifier described in recommendation 2 of Seoul Congress resolution C 25.

Article 5

Charges to be collected from the Sender

Each administration shall fix the charges to be collected from its senders for sending items in the service.

Article 6

Charges and Fees to be Collected from the Addressee

Each administration shall be authorized to collect from the addressee the customs duty and other applicable non-postal fees, if any, payable on each item it delivers and a charge for the collection of such fees.

Article 7

Conditions of Acceptance

Provided that the contents do not come within the prohibitions listed in Article 8, each item to be admitted into the EMS service shall:

(a) be packed in a manner adapted to the nature of the contents and the conditions of transport;

(b) bear the names and addresses of the addressee and of the sender; and

(c) satisfy the conditions of weight and size fixed by Article 9.

Article 8

Prohibitions

1. The provisions of the Convention governing prohibitions shall be applicable to the insertion of articles in EMS items.

2. Each administration shall communicate to the other, primarily through its entry in the UPU List of Prohibited Articles or by IB circular, the necessary information concerning customs or other regulations, as well as the prohibitions or restrictions governing entry of postal items in its service.

Article 9

Limits of Size and Weight

Each administration will notify the International Bureau of the UPU, for publication in the EMS Operational Guide, the size and weight limits it applies for inbound EMS items.

Article 10

Treatment of Items Wrongly Accepted

1. When an item containing an article prohibited under Article 8 has been wrongly admitted to the post, the prohibited article shall be dealt with according to the legislation of the country of the administration establishing its presence.

2. When the weight or the dimensions of an item exceed the limits in Article 9, it shall be returned to the administration of origin if the regulations of the administration of destination do not permit delivery.

3. When a wrongly admitted item is neither delivered to the addressee nor returned to origin, the administration of origin shall be informed how the item has been dealt with and of the restriction or prohibition which required such treatment.

Article 11

General Rules for Delivery and Customs Clearance

1. Each administration shall, in accordance with its regulations for the type of service used, make every effort to deliver each EMS item by the fastest means available.

2. Each administration shall make every effort to expedite the customs clearance of EMS items.

Article 12

Undeliverable Items

1. After every reasonable effort to deliver an item has proven unsuccessful, the item shall be held at the disposal of the addressee for the period of retention provided by the regulations of the administration of destination and published in the EMS Operational Guide.

2. An item refused by the addressee shall be returned immediately to the administration of origin.

3. Each undeliverable item shall be returned to the administration of origin through the EMS service.

4. Neither administration shall charge the other for the return of undeliverable items.

Article 13

Items Arriving Out of Course and to be redirected

1. Each item arriving out of course shall be redirected to its proper destination by the most direct route used by the administration which has received the item.

2. Neither administration shall charge the other for the redirection of items arriving out of course.

Article 14

Inquiries

1. Each administration shall answer in the shortest possible time inquiries relating to any EMS item posted by the other administration.

2. Each administration will notify the International Bureau of the UPU, for publication in the EMS Operational Guide, the time normally required to respond to inquiries concerning EMS items from other administrations.

3. Inquiries shall be accepted only within a period of three months from the date on which the item was posted.

4. This article does not authorize routine requests for confirmation of delivery.

Article 15

Allocation of Surface Costs for Traffic Imbalances

1. At the end of each calendar year, the administration which has received a larger quantity of EMS items than it has sent during that year shall have the right to collect from the other administration, as compensation, an imbalance charge for the surface handling and delivery costs it has incurred for each additional item received.

2. Each administration shall establish an imbalance charge per item 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 costs of services.

(b) To be applicable, any such modification of the imbalance charge must:

(i) be communicated to the other administration at least three months in advance;

(ii) enter in force on the first day of the year (January 1) following its communication to the other administration;

(iii) remain in force for at least one year.

4. No imbalance charge shall be collected if the difference in the number of items exchanged is less than one hundred.

Article 16

Internal Air Conveyance dues

Each administration which provides air conveyance of items within its country shall be entitled to reimbursement of internal air conveyance dues at rates established in the provisions of the Convention which govern internal air conveyance dues.

Article 17

Onward Air Conveyance

1. Each administration shall provide onward air conveyance service to or from any country with which it exchanges EMS items, for items addressed to or originating in the other administration and shall provide approximate onward air conveyance times.

2. For each item forwarded pursuant to this article, the administration providing onward air conveyance services shall be authorized to collect from the other administration the onward air conveyance rates applicable to airmail under the Convention.

3. For each item sent in transit a decouvert, the administration providing onward air conveyance services shall be authorized to collect from the other administration, in addition to the onward air conveyance rates, a per item charge to compensate for imbalance charges incurred on behalf of the other administration.

Article 18

No Additional Rates, Charges, or Fees

The administrations may collect only the rates, charges, and fees established under this Agreement.

Article 19

Liability of Administrations

Each administration shall establish its own policy concerning liability in cases of loss, damage, theft or delay in delivery of EMS items. The administration of origin shall be responsible for making indemnity payments, if any, to its senders, without recourse to the other administration.

Article 20

Application of the Convention

 
The Convention or its Detailed Regulations shall be applicable, where appropriate, by analogy, in all cases not expressly governed by this Agreement or its Detailed Regulations.

Article 21

Detailed Regulations

Details of implementation of this Agreement shall be governed by its Detailed Regulations.

Article 22

Arbitration

Any dispute which arises between the administrations concerning the interpretation or application of this Agreement which cannot be resolved by the administrations to their mutual satisfaction, shall be settled by arbitration, following the arbitration procedures of the Universal Postal Union at the time that the dispute is submitted by an administration for arbitration. The arbitrators shall be chosen from the administrations which provide a service analogous to EMS service.

Article 23

Alterations or Amendments; Additional Rules and Regulations

1. This Agreement or its Detailed Regulations may be altered or amended by mutual consent by means of correspondence between officials of each administration who have been authorized to make such alterations or amendments.

2. Each administration is authorized to adopt implementing rules and regulations for its internal operation of the service not inconsistent with this Agreement or its Detailed Regulations.

Article 24

Entry into Force and Duration

1. This Agreement shall enter into force on the date mutually agreed upon by the administrations, after it is signed by the authorized representatives of both administrations.

2. This Agreement shall expire twelve months after either administration notifies the other in writing of termination.

Done in duplicate and signed in Washington, DC on the 21st day of December, 2001, and at Suva, Fiji, on the   day of    2001.

DETAILED REGULATIONS OF THE EMS AGREEMENT BETWEEN THE POSTAL ADMINISTRATION OF FIJI AND THE UNITED STATES POSTAL SERVICE

The following Detailed Regulations have been drawn up for implementation of the EMS Agreement between the Postal Administration of Fiji and the United States Postal Service.

Article 101

Information to be supplied by the Administrations

1. Each administration shall send to the UPU International Bureau, for publication in the EMS Operational Guide, the necessary information concerning its EMS service.

2. Each administration shall notify the other administration of:

(a) the provisions of its laws or regulations applicable to the conveyance of EMS items;

(b) the rates and dues established under the Agreement; and,

(c) the forms, labels and other documentation which it requires in the service.

2. Any change of the information mentioned in Section 2 shall be communicated in writing immediately to the other administration.

Article 102

Addresses of the Sender and of the Addressee

To be admitted for mailing, each item of EMS shall bear, in roman letters and arabic figures on the item itself or on a label firmly attached to it, the names and complete addresses of the sender and of the addressee.

Article 103

Items Containing Merchandise

1. Each item containing merchandise shall be accompanied by a customs declaration on UPU form C2/CP3 or a similar form. The customs declaration shall be securely attached to each such item.

2. The contents of each such item shall be shown in detail on the customs declaration.

3. Although the administrations assume no responsibility for the accuracy of customs declarations, they shall inform senders of the correct way to complete these declarations.

4. If the aggregate value of all items a sender mails to the same person in the United States in one day exceeds $ 1,250, these items must undergo formal entry procedures for customs clearance which require that the addressee or addressee's agent retrieve the items from customs.

Article 104

Packing Requirements

1. Each item shall be packed and closed in a manner befitting the weight, the shape, and the nature of the contents as well as the mode and duration of conveyance.

2 Each item shall be packed and closed so as not to present any danger to officials called upon to handle it, or to soil or damage other mail or postal equipment.

3 Each item shall have, on its packing or wrapping, sufficient space for service instructions and for affixing labels.

4. Each item which requires special packing shall be made up in accordance with the packing provisions in the Detailed Regulations of the Convention.

Article 105

General Makeup of Mails

1. EMS dispatches shall be made up in closed mails, and shall be accompanied by the air mail delivery bill and manifest forms required by these regulations.

2. The items in each dispatch shall be enclosed in blue and orange EMS bags.

3. Items containing merchandise or other dutiable articles shall be placed in separate bags from non-dutiable items, and shall be dispatched separately accompanied by a separate manifest.

4. Each bag shall bear a label, showing the blue and orange chevron which has been adopted as the EMS identification symbol. Each bag label shall clearly indicate:

(a) the exchange office of destination; and

(b) whether the bag contains merchandise or other dutiable items.

Article 106

Manifests

 
1. An EMS manifest, on a form acceptable to each administration, shall accompany each dispatch.  A C 12 letter bill or a C 13 special list may be used as a manifest.

2. Each item sent through the scheduled service shall be listed separately on the manifest. If no items are sent under a scheduled service contract, the contract number and the fact that no items were sent shall be entered on the manifest.

3. The total number of on-demand items in a dispatch shall be entered collectively as a single manifest entry.

4. The manifest shall clearly indicate that the dispatch contains EMS items.

Article 107

Air Mail Delivery Bills

1. An air mail delivery bill, on UPU form AV 7, shall accompany each dispatch.

2. The air mail delivery bill shall be marked so as to indicate clearly that the dispatch contains EMS items.

3. The total number of items in each dispatch shall be entered in the observations column of the air mail delivery bill.

Article 108

Exchange Offices

1. The exchange of dispatches of EMS shall be carried out by the designated exchange offices of each administration.

2. Each administration shall designate its EMS exchange offices to be used in the service, the names of which shall be communicated to the UPU International Bureau in accordance with Article 101 of these regulations.

3. Each administration shall give the other administration advance notice of redesignation of, or addition to, its exchange offices.

Article 109

Verification of Dispatches and their Contents

1. Upon receipt of an EMS dispatch, the administration of destination shall verify that the dispatch is consistent with the entries on the air mail delivery bill.

2. The contents of each dispatch shall be verified as soon as possible, at an office designated by the administration of destination, to confirm their conformity with the manifest and with the air mail delivery bill.

Article 110

Notification of Irregularities

1. Any evidence of missing or damaged bags or items shall be reported to the administration of origin by fax and confirmed by verification note on a UPU form C 14.

2. All other actions taken in connection with any irregularity shall be governed by the regulations of the administration of destination.

Article 111

Redirection of Items Arriving Out of Course

The redirecting administration shall notify the administration of origin, by fax or telephone, of the details concerning the arrival and redirection of each item or bag arriving out of course.

Article 112

Return of Items to Origin

Each administration which returns an item for any reason whatsoever shall give, either written by hand or by means of a stamped impression or label on the item and on the manifest which accompanies it, the reason for nondelivery.

Article 113

Accounting, Settlement of Accounts

1. The procedures for accounting and for the settlement of accounts for internal air conveyance shall be governed by the provisions covering accounting for air mail in the Detailed Regulations of the Convention.

2. The procedures for accounting and settlement of accounts for allocation of surface costs for traffic imbalances shall be as follows:

(a) The settlement shall take place at the end of each calendar year.

(b) Each administration shall prepare quarterly a statement of items received in a mutually acceptable form which indicates the number of items received in each dispatch based upon the air mail delivery bills. These forms shall be forwarded to the administration of origin within three months from the end of the quarter.

(c) After verifying the statement of items received, the origin administration shall advise the destination administration by correspondence of its acceptance. If the verification reveals any discrepancies, a corrected statement shall be returned to the destination administration duly amended and accepted. If the destination administration disputes the amendments, it shall confirm the actual data by sending photocopies of relevant air mail delivery bills and C 14 verification notes to the administration of origin. If the destination administration has received no notice of amendment within two months from the date of forwarding the quarterly statement of items received, the account shall be regarded as fully accepted.

(d) After each administration has accepted the statement of items received prepared by the other, the creditor administration shall prepare annually a detailed account and statement of charges in a mutually acceptable form which indicates the total number of items received and dispatched, the imbalance, the imbalance charge per item, and the total amount due.

(e) Accounts shall be closed within 6 months after the last day of the settlement period.

3. The procedures for accounting and for settlement of in transit a decouvert imbalance charges incurred on behalf of the other administration shall follow the procedures for accounting and settlement of accounts for traffic imbalances set forth in paragraph 2 of this article.

Article 114

Definitions

The definitions set forth in Article 2 of the Agreement shall be applicable to these Detailed Regulations.

Article 115

Period of Retention of Documents

1. Documents of the service shall be kept for a minimum period of six months from the day following the date to which they refer.

2. A document concerning a dispute or an inquiry shall be kept until the matter has been settled. If the inquiring administration, duly informed of the result of an inquiry, allows six months to elapse from the date of the communication without raising any objections, the matter shall be regarded as settled.

Article 116

Entry into Force and Duration

1. These Detailed Regulations shall enter into force on the same date as the EMS Agreement to which they refer.

2. These Detailed Regulations shall have the same duration as the EMS Agreement to which they refer.

SIGNATORIES: