Treaties
Postal MattersREF: TIAS 11763 Memorandum of understanding, with details of implementation, MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE POSTAL ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF BULGARIA CONCERNING THE OPERATION OF THE INTELPOST SERVICE
The United States Postal Service and the Postal Administration of the People's Republic of Bulgaria, desiring to initiate INTELPOST service and in accordance with Article 6 of the Universal Postal Convention(1) a service for the exchange of messages transmitted by electronic means, have agreed as follows: ARTICLE 1 PURPOSE OF THE UNDERSTANDING A postal service for the electronic transmission of messages, known as INTELPOST, will be provided between the United States Postal Service and the Postal Administration of the People's Republic of Bulgaria through their designated facilities. ARTICLE 2 DEFINITION OF TERMS As used herein the following terms have the indicated meanings: l. Administration an abbreviated form used to refer to one of the postal administrations agreeing to this Memorandum of Understanding. 2. Articles and Paragraphs - articles and paragraphs of this Memorandum of Understanding. 3. Convention - the Universal Postal Convention adopted by the Congress of the Universal Postal Union and as adopted by the administrations agreeing to this Memorandum of Understanding. 4. Detailed Regulations of the Convention - the Detailed Regulations of the Universal Postal Convention enacted by the Congress of the Universal Postal Union. 5. INTELPOST service (as established by this Memorandum of Understanding) - a postal service which utilizes subscriber telephones connected over the international public telephone network to transmit by electronic means messages and documents submitted by customers of either administration for postal delivery to an addressee in the other postal service. 6. INTELPOST Item - an item sent in the INTELPOST service whether in physical or abstract form. ARTICLE 3 DESCRIPTION OF THE SERVICE 1. Each postal administration offers its customers a basic INTELPOST service. This service consists of the electronic transmission of messages or documents (whether in physical or abstract form) and their physical delivery by the administration of destination either across the counter at a handling office of INTELPOST Service or in accordance with such procedures for the delivery of international or domestic letter post items as may be established by the administration of destination. 2. Initially, the administrations agree to offer only the basic INTELPOST service, but they may subsequently agree by an exchange of correspondence to provide optional services. ARTICLE 4 CHARGES TO BE COLLECTED FROM THE SENDER 1. Each administration establishes the charges to be collected from its senders for sending items in the service. 3. INTELPOST items sent by postal administrations in relation to INTELPOST matters are exempt from all charges. ARTICLE 5 COMPENSATION FOR IMBALANCES 1. If, in any calendar year, the number of pages received by one administration exceeds the number of pages received by the other by 100 or more pages, the administration sending the excess number of pages shall be liable to the administration receiving them for an imbalance charge specified in correspondence between the two administrations. 2. In determining imbalances under this Article, there shall not be taken into account any confirmation messages, repeat transmissions, transmittal forms (with the exception of the UNIPAGE when the transmittal includes a customer message), special services, or special means of handling and delivery. 3.Every reasonable effort shall be made to consolidate the balance due under this Memorandum of Understanding with the unpaid balances due on all other accounts being annually settled under the Acts of the Universal Postal Union between the same administrations, so that insofar as practicable only one payment shall be necessary each year, within six months after the end of the year. to settle all accounts arising between the two administrations under such Acts. A failure or inability to consolidate all balances due into a single annual payment shall not relieve any administration of its obligation to discharge its liability for an imbalance arising under this Memorandum of Understanding. ARTICLE 6 CONDITIONS OF ACCEPTANCE l. Except as provided for in paragraph 2 of this Article, in order to be accepted in the INTELPOST service an item must: a) be of sufficient quality to ensure satisfactory transmission; and, ARTICLE 7 TRANSMITTAL INSTRUCTION SHEET l. A transmittal instruction sheet in the form of the specimen annexed to this Memorandum of Understanding as Attachment 1 must be completed for each item sent in the INTELPOST service.(2) It must bear the name and complete address of the sender and of the addressee. If optional services are agreed upon, the transmittal sheet must also show which such services are requested by the sender. ARTICLE 8 PROHIBITIONS The provisions of the Universal Postal Convention governing prohibitions are applicable to the contents of items submitted for transmission in the INTELPOST service. ARTICLE 9 TREATMENT OF ITEMS WRONGLY ACCEPTED 1. When an item containing a message or illustration prohibited under Article 8 has been transmitted in the INTELPOST service, the prohibited message or illustration is dealt with according to the domestic legislation of the receiving administration. 2. When such an item is neither delivered to the addressee nor returned to origin, the administration of origin is informed of how the item has been dealt with, and of the restriction or prohibition which required such treatment. ARTICLE 10 UNDELIVERABLE ITEMS After every reasonable effort to deliver an item has proven unsuccessful, the transmittal instruction sheet describing the facts is returned to the INTELPOST Service Center designated by the administration of acceptance which ensures that the sender is informed accordingly. ARTICLE 11 INQUIRIES Each administration answers in the shortest possible time, not to exceed seven (7) days, inquiries relating to any INTELPOST item sent by the other administration. ARTICLE 12 LIABILITY OF ADMINISTRATIONS Each administration decides its own compensation policy in the case of loss, damage, theft or delay. Payment of compensation, if any, is to be the sole responsibility of the administration of origin. Neither administration may claim indemnification from the other administration. ARTICLE 13 TEMPORARY SUSPENSION AND RESUMPTION OF THE SERVICE Whenever serious operational difficulties arise in either administration which in its opinion preclude the uninterrupted operation of the service, operations may be temporarily suspended provided that: a) upon suspension of the service the suspending administration notifies the other as soon as possible; b) every effort is made to minimize the duration of the suspension; c) upon resumption of the service, the resuming administration notifies the other as soon as possible; and d) specifically, the INTELPOST center of the resuming administration notifies the receiving INTELPOST center. ARTICLE 14 IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING In order to give effect to this Memorandum of Understanding, Details of Implementation are drawn up and annexed hereto. In addition, each administration may adopt implementing rules and regulations for its internal operation of the service not inconsistent with this Memorandum of Understanding or its Details of Implementation. ARTICLE 15 APPLICATION OF THE CONVENTION The Convention or Detailed Regulations of the Convention apply where appropriate, by analogy, in all cases not expressly covered by this Memorandum of Understanding or its Details of Implementation. ARTICLE 16 AMENDMENT The Memorandum of Understanding and its Details of Implementation may be modified by mutual agreement on the basis of an exchange of letters, to which the text of the modified articles is annexed. ARTICLE l7 EFFECTIVE DATE AND DURATION OF THE MEMORANDUM OF UNDERSTANDING 1. This Memorandum of Understanding takes effect on the date mutually agreed upon by the administrations.(3) 2. The INTELPOST Service authorized by this Memorandum of Understanding may be terminated by one administration giving to the other in writing at least ninety (90) days' advance written notice of such termination of service. Obligations incurred under this Memorandum of Understanding, such as those pertaining to the settlement of accounts, shall survive any termination of service until such obligations are fully discharged. Done in duplicate and signed at Washington. D.C. on the 13th day of June, 1990, and at Sofia on the 20 day of April, 1990. FOR THE UNITED STATES POSTAL SERVICE: FOR THE POSTAL ADMINISTRATION OF Thomas E. Leavey Dr. Hr. Raikov (1) Done at Rio de Janeiro Oct.26, 1979, TIAS 9972; 32 UST 4587 |
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