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ASIAN OCEANIC POSTAL CONVENTION

The undersigned, representatives duly authorized by their respective Governments:

— considering the importance of the common problems which face the Postal Administrations in the Asian and Oceanic area;

— convinced of the opportunity of instituting and developing a large degree of cooperation between them; and

— in exercise of the right granted by Article 8 of the current Universal Postal Convention;

have agreed to conclude, under reservation of acceptance, ratification or approval by their respective Governments, the following Convention:

PART I

GENERAL PROVISIONS

ARTICLE 1

CONSTITUTION AND PURPOSE OF THE UNION

1. The countries between which the present Convention is concluded form, under the name of "Asian-Oceanic Postal Union", a single postal territory.

2. The purpose of the Union is to extend, facilitate and improve the postal relations between the member-countries and to promote cooperation in the field of the postal services.

ARTICLE 2

ORGANS OF THE UNION

There are established as the organs of the union:

the Congress, the Executive Committee, the Central Office and such other organs as may be necessary.

ARTICLE 3

ADHERENCE TO THE UNION

1. Any sovereign country in Asia and Oceania which is a member of the Universal Postal Union or any territory in that area whose Postal Administration is a member of the Universal Postal Union may request adherence as a member of the Asian-Oceanic Postal Union.

2. The request for adherence is transmitted through diplomatic channels to the Government of the Republic of the Philippines and by the latter to the member-countries of the Union.

3. The country concerned is considered as adhering to the Union if its request is approved by at least two-thirds of the member-countries of the Union.

4. Member-countries of the Union failing to reply within four months are considered as abstaining.

5. Adherence to the Union is made known by the Government of the Republic of the Philippines to the Governments of all the member-countries of the Union.

ARTICLE 4

WITHDRAWAL FROM THE UNION

1. Any member-country has the right to withdraw from the Union by means of a notice of its renunciation of the present Convention given through diplomatic channels to the Government of the Republic of the Philippines, which makes it known to the Governments of the member-countries.

2. Withdrawal from the Union becomes effective at the expiration of a period of one year, counting from the date of receipt of the notification by the Government of the Republic of the Philippines.

ARTICLE 5

OFFICIAL LANGUAGE

English is the official language of the Union. However, member-countries whose language is not English may provide for a translation at their own expense.

ARTICLE 6

SPECIAL AGREEMENTS

1. The member-countries of the Union, or their Postal Administrations if the legislation of the countries permits, may conclude special agreements concerning the international postal service between themselves on condition that they do not introduce provisions less favorable to the public than those laid down in the present Convention.

2. These special agreements are notified through the intermediary of the Central Office to the member-countries or their Postal Administration, as appropriate.

ARTICLE 7

CONGRESSES

1. The delegates of the member-countries of the Union meet in Congress not later than two years after the holding of each Universal Postal Congress in order to revise the Convention of the Union, if necessary, and to consider such other postal problems of common interest to the member-countries of the Union as they may deem necessary.

2. Each country is represented in the Congress by one or more delegates duly authorized for the purpose by their respective Governments.

3. Each country has only one vote.

4. Observers may be invited to attend meetings of the Union in an advisory capacity without the right to vote provided that they represent the United Nations or one of its specialized Agencies or Postal Administrations which are members of the Universal Postal Union. At the request of Congress or the Executive Committee, the invitation is made by the Government of the country in which the meeting is to take place.

5. Each Congress fixes the place and date of the next one. The latter Congress is convoked by the Government of the country in which the Congress will meet through diplomatic channels at least six months before it is held.

ARTICLE 8

EXTRAORDINARY CONGRESSES

1. An extraordinary Congress may be held at the request or with the consent of at least two-thirds of the member-countries.

2. The place and date of assembly is fixed by the Executive Committee in agreement with the member-countries initiating the Congress.

3. The regulations of Article 7, Paragraphs 2 and 3, apply to extraordinary Congresses.

ARTICLE 9

INTRODUCTION OF PROPOSITIONS TO CONGRESSES

1. The Postal Administration of any member-country has the right to present propositions to Congresses which propositions must reach the Central Office at least three months before the holding of the Congress. Nevertheless, propositions which reach the Central Office during the period of three months preceding the holding of the Congress may also be considered at the discretion of the Congress.

2. The Central Office publishes these propositions and distributes them, as early as possible, among the Postal Administrations of the member-countries.

ARTICLE 10

DECISIONS OF MEETINGS OF THE UNION

1. Except as otherwise provided in the Convention, decisions at meetings of the Union are taken by a majority of members present and voting.

2. At meetings of the Union convened in accordance with the provisions of the Convention, a country may arrange for its representation by another country, provided that a delegation may represent and vote for only one country other than its own.

ARTICLE 11

RULES OF PROCEDURE OF THE CONGRESS

The Congress draws up the Standing Rules of Procedure necessary for its work.

ARTICLE 12

EXECUTIVE COMMITTEE

1. To ensure the continuity of the work of the Union in the interval between Congresses, an Executive Committee meets once each year as a general rule at the place where the Central Office is situated.

2. The Committee comprises all the member-countries of the Union, with a quorum of five.

3. The President of each Congress convenes the first meeting of the Committee after the holding of that Congress. At that meeting the Committee elects from among its members, a Chairman and Vice-Chairman, who hold office until the conclusion of the next Congress.

4. The annual meetings of the Executive Committee following the first meeting are convened by its Chairman.

5. Between ordinary sessions, the Committees may be convened as a general rule at the place where the Central Office is situated, by the Chairman at the request of a two-thirds majority of the member-countries of the Union.

6. The Committee may appoint sub-Committees or working groups to assist with its work or to study specific postal questions.

7. The working expenses of the Committee are borne by the Union. Member-countries meet the travelling and accommodation expenses of their representatives. The services of a Committee member are gratuitous.

8. Member-countries are represented at meetings of the Committee by qualified postal officials.

a) to maintain contacts with Postal Administrations of the member-countries of the Union, with a view to improving the postal service;

b) to prescribe rules for the administration of the Central Office and to supervise the activities of the Central Office;

c) to review and approve the annual budget and accounts of the Union prepared by the Central Office in the intervals between Congresses;

d) to make useful contacts with the various organs of the Universal Postal Union or with other Specialized Agencies of the United Nations with special interests in the area, and. if necessary, to appoint representatives to conferences of such organi2ations; and

e) to assemble, prior to each Universal Postal Congress, in accordance with the provisions of Article 18, Paragraph 3.

ARTICLE 13

CENTRAL OFFICE

1. The Central Office of the Union functions in Manila.

2. The Central Office is composed of a Director, an Assistant Director and such other staff as the Union may require.

3. The Director of the Central Office attends the meetings of the Union and takes part in the discussions without the right to vote.

4. The Central Office provides the secretariat for meetings of the Union, jointly with the Postal Administrations of the countries where the meeting are held, and serves as a medium of liaison, information and inquiry for the member-countries of the Union.

5. The Director and the Assistant Director of the Central Office are chosen, from among qualified postal officials, by the Congress or, if necessary, by the Executive Committee which also fixes their tenure of office.

6. The Director and the Assistant Director, whenever possible, should be nationals of different countries.

7. The Central Office is under the general supervision of the Executive Committee and its financial accounts are audited by the competent authority of the country where the Central Office is situated.

ARTICLE 14

EXPENDITURES OF THE UNION

1. Each Congress of the Asian-Oceanic Postal Union decides on the maximum amount for the ordinary annual expenses of the Union on the basis of the recommendation made by the Director of the Central Office. Those expenses, as well as the extraordinary expenses resulting from meetings of the Union, and the expenses which might result from the special tasks entrusted to the Central Office, are shared by all the member-countries of the Union.

2. For the division of the expenses of the Union, the member-countries are divided into three groups. Those contributing to the expenses of the Universal Postal Union as members of the first and second classes contribute 7 units; those contributing as members of the third, fourth and fifth classes contribute 3 units; and those contributing as members of the sixth and seventh classes contribute 1 unit. However, a member-country may apply for a group contributing more units.

ARTICLE 15

CONVENTION OF THE UNION.
APPLICATION OF THE UNIVERSAL POSTAL CONVENTION

1. The provisions of this Convention regulate all matters and services relative to correspondence exchanged between the member-countries of the Union.

2. All matters in connection with the exchange of correspondence among the member-countries of the Union which are not provided for in this Convention are subject to the provisions of the Universal Postal Convention and its Detailed Regulations.

ARTICLE 16

DETAILED REGULATIONS

The Postal Administrations of the member-countries of the Union draw up by mutual agreement, in the Detailed Regulations, the measures of procedure and detail necessary for the execution of the Convention.

ARTICLE 17

ARBITRATION

Questions in dispute between two or more Postal Administrations of member-countries are decided in the manner prescribed by the current Convention of the Universal Postal Union.

ARTICLE 18

COOPERATION IN UNIVERSAL POSTAL
CONGRESS

1. The member-countries of the Union cooperate, as far as possible, in Universal Postal Congresses, in so far as the propositions or matters to be considered are of common interest to them.

2. The Postal Administrations of all the member-countries make known to the Central Office, at the same time that they do so to the International Bureau of the Universal Postal Union, the propositions which they formulate for the Universal Postal Congresses. The Central Office publishes these propositions and distributes them among the Postal Administrations of the member-countries. Notwithstanding the provisions of Article 5, these propositions may be prepared in French.

3. The member-countries assemble, prior to each Universal Postal Congress, at an opportune time and convenient place in order to exchange and harmonize their views on the propositions and other important matters to be discussed there.

ARTICLE 19

EXCHANGE OF POSTAL OFFICIALS

The Postal Administrations of the member-countries may come to agreements to effect an exchange or a unilateral dispatch of postal officials to carry on studies regarding the development and improvement of postal services, extending to them all cooperation and facilities necessary.

PART II

PROVISIONS CONCERNING CORRESPONDENCE

ARTICLE 20

ARTICLES OF CORRESPONDENCE

1. The denomination "articles of correspondence" applies to letters, single and reply-paid post cards, commercial papers, printed papers, literature for the blind, samples of merchandise, small packets, and "Phonopost" articles.

2. The exchange of letters containing perishable biological substances, small packets, "Phonopost" articles and special-delivery articles is limited to those countries which agree to execute it, either in their reciprocal relations or in one direction only.

ARTICLE 21

GRATUITOUS TRANSIT

As a general principle, no charge is collected for the territorial, fluvial or maritime transit of mail exchanged between countries of the Union, However where member-countries find themselves unable to grant gratuitous transit, a charge may be made. The charge may be lower than that authorized or prescribed by the Universal Postal Convention.

ARTICLE 22

POSTAGE RATES

1. In the postal relations of the Postal Administrations of the Union, domestic rates of postage and postal fees are applied on all articles of correspondence exchange between them by surface, provided that

a) the international rates prescribed in the Universal Postal Convention apply in cases where they are lower than the domestic rates, and for service not provided for in the domestic post; and

b) a country may apply, in lieu of domestic rates, the most favorable of any reduced charges applicable in its international service or special rates which are not more than 60% of their international rates.

2. The international rates apply to air mail.

ARTICLE 23

FRANKING PRIVILEGE

Official correspondence exchanged between the Central Office of the Asian-Oceanic Postal Union and the Postal Administrations of the Union is exempt from all postal charges, with the exception of air-mail correspondence originating with the Central Office.

PART III

FINAL PROVISIONS

ARTICLE 24

EFFECTIVE DATE AND DURATION OF THE CONVENTION

1. The Convention is open for signature from January 23, 1961, until July 23, 1962, by duly authorized representatives of all countries invited to the Manila Postal Conference which opened on January 10, 1961.

2. The instruments of acceptance, approval or ratification are deposited with the Government of the Republic of the Philippines.

3. The Convention comes into force on April 1, 1962, provided that at least eight instruments of acceptance, approval or ratification are deposited.

4. If the number of countries accepting, approving or ratifying the Convention by January 23, 1962, is less than eight, the Governments of those countries shall advise the Government of the Republic of the Philippines whether they wish to proceed with the formation of a Union of less than eight members. For countries agreeing to proceed, the Convention comes into force on April 1, 1962.

5. For each Government accepting, approving or ratifying the Convention after April lf 1962, the Convention comes into force on the 30th day after the deposit of its instrument of acceptance, approval or ratification.

IN TESTIMONY WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Convention in a single copy which is deposited in the Archives of the Government of the Republic of the Philippines, and a copy thereof is transmitted to each of all the participating countries.

Done at Manila, January 23, 1961.

FINAL PROTOCOL TO THE ASIAN-OCEANIC POSTAL CONVENTION

At the moment of proceeding to sign the Asian-Oceanic Postal Convention concluded this day, the undersigned representatives of the member-countries have agreed on the following:

ARTICLE 1

ADHERENCE TO THEUNION OF TERRITORIES FOR WHOSE INTERNATIONAL RELATIONS A MEMBER-COUNTRY OF THE UNIVERSAL POSTAL UNION IS RESPONSIBLE

It is the consensus of opinion of the Conference that territories in Asia and Oceania, for whose international relations a member-country of the Universal Postal Union is responsible, may also be members of the Union. Should such territories, or their Postal Administrations if authorized by the legislation of the member-countries concerned, be recognized by the Universal Postal Union as qualified for membership of a restricted postal union within the framework of the Universal Postal Convention, the present Convention and its Detailed Regulations are open to them for signature, acceptance, approval or ratification within the period prescribed in Article 24, of the Convention, provisions to the contrary notwithstanding.

IN TESTIMONY WHEREOF, the undersigned representatives of the member-countries have drawn up the present Protocol, which shall have the same force and validity as though its provisions were included in the text of the Convention itself, and they have signed it in a single copy, which shall be deposited in the Archives of the Government of the Republic of the Philippines, and of which a copy shall be delivered to each Party.

Done at Manila, January 23, 1961.

DETAILED REGULATIONS OF THE ASIAN-OCEANIC POSTAL CONVENTION

The undersigned, on the basis of Article 16 of the Convention concluded at Manila on January 23, 1961, have, in the name of their respective Postal Administrations, drawn up the following measures to ensure the execution of the Convention:

PART I

GENERAL PROVISIONS

ARTICLE 101

RESOLUTIONS OF THE CONGRESS

The Postal Administration of member-countries inform the Central Office of the Union of the measures they -may have taken to put into effect the resolutions and recommendations of each last Congress.

ARTICLE 102

EXECUTIVE COMMITTEE

1. The Committee draws up the rules of procedure necessary for its work.

2. The Director of the Central Office assumes the task of Secretary General to the Committee,

3. The Committee sends to the Postal Administrations of the member-countries of the Union, for information, a summary report at the end of each meeting of the Committee.

4. The Committee submits a report to each Congress on the whole of its activities.

ARTICLE 103

ORGANIZATION AND STAFF OF THE CENTRAL OFFICE

1. The direction of the Central Office is entrusted to a Director assisted by an Assistant Director and by qualified officials who have served at least five years in the postal service and who possess a working knowledge of French or any of the language in Asia, in addition to English. The representation of the member-countries of the Asian-Oceanic Postal Union is taken-into consideration in the selection of these officials. The Director appoints them, subject to the confirmation of the Executive Committee, from among those who are recommended by their respective Postal Administrations, on condition that they satisfy the needs of the Central Office on the technical aspect.

2. The Director of the Central Office is its legal representative in all the functions performed by said Office pursuant to the Convention and its Detailed Regulations and decisions of the Asian-Oceanic Postal Union Congresses. The Assistant Director is the Executive Officer of the Office and takes the place of the Director in the absence of the latter.

3. Unless otherwise decided by the Executive Committee, the Director represents the Asian-Oceanic Postal Union in International Conferences regarding the postal service where representation of the Union is required.

ARTICLE 104

FUNCTIONS OF THE CENTRAL OFFICE

1. The Central Office draws up the tentative agenda and makes other preparations for meetings of the Union.

2. This Office communicates with the Postal Administrations of the Asian and Oceanic countries which have not adhered to the Union on the advisability of their recommending to their Governments to apply for admission, through diplomatic channels, as members of the Union.

3. This Office should at all times be ready to furnish the Executive Committee and the Postal Administrations of the Union with any necessary information on questions relating to the service.

4. This Office makes up an annual report on the activities of the Union, which is sent to every Postal Administration of the member-countries. This report is to be approved by the Congress or the Executive Committee when the former does not convene.

5. This Office keeps up-to-date collections of Asian and Oceanic Postage stamps.

ARTICLE 105

DOCUMENTS AND INFORMATION TO BE FURNISHED THE CENTRAL OFFICE

1. The Postal Administrations of the Union furnish the Central Office regularly and promptly the following:

a) Their domestic postal legislation.

b) New editions of their Postal Guide.

c) The results of the annual statistics of their postal traffic with countries in Asia and Oceania.

d) Information and data of all kinds useful to the postal services of the Union.

e) Equivalents of postal charges and fees with indication of the value of their monetary unit in relation to the gold franc.

f) Five copies of postage stamps issued by them and specimen impressions of their postage meters.

2. All subsequent modifications on the above should be communicated to the Central Office without del ay.

ARTICLE 106

PUBLICATIONS OF THE CENTRAL OFFICE

1. The Central Office of the Asian-Oceanic Postal Union furnishes gratuitously to each of the Postal Administrations of the member-countries and to the International Bureau of the Universal Postal Union at Bern, Switzerland, the documents which it publishes, allowing each Administration the number of copies which corresponds to the number of units which it contributes; Additional copies of documents requested by Postal Administrations arc paid for by them at cost.

2. The Central Office distributes among the Postal Administrations of the member-countries the propositions which it receives in accordance with Article 18, Paragraph 2, of the Convention in order that such propositions may be studied by the said countries.

ARTICLE 107

BUDGET AND ACCOUNTS OF THE UNION

1. The Congress establishes the maximum amount of the annual budget of the Union between the Congresses. The Ordinary expenditure of the Union shall not exceed the sum of 100,000 gold francs per annum.

2. The Central Office prepares at least two months before the end of'each calendar year an estimate of the budget for the next year covering the period from January 1 to December 31 containing detailed data of the estimated ordinary or extraordinary expenses and receipts as compared to the figures of the preceding budget and the last final account. It submits this budget estimate to the Executive Committee or to Congress when it convenes for approval. Pending such approval, the Central Office functions within the limits of the budgetary figures of the preceding year.

3. The Central Office prepares during the first quarter of each year a report to which it attached a detailed final account of the work of the preceding year and all documents regarding the receipts and expenditures for submission to the Executive Committee or to Congress for approval, and distribution to the Postal Administrations of the Union.

4. The expenditures of the Central Office are incurred in accordance with the budget approved by the Executive Committee or the Congress. This budget is also used as the basis of the expenses of the following year until the approval of the new budget by the Executive Committee or Congress.

5. The Philippine Postal Administration, in whose country the Central Office of the Union functions, advances to the latter the equivalent of the contributions of the Postal Administrations of the member-countries within the limits of the budget drawn up and approved.

6. The Postal Administrations of the member-countries reimburse through the Central Office the sums advanced to the latter by virtue of the preceding paragraph to the Philippine Postal Administration within the shortest period possible, but not later than December 31 of the year when the account is sent. For the apportionment of the annual ordinary and extraordinary expenses incurred by the Central Office, the member-countries contribute their shares as provided for by Article 14 of the Convention.

PART II

PROVISIONS CONCERNING CORRESPONDENCE

ARTICLE 108

EMPTY BAGS

The Postal Administrations of the member-countries return to the Office of origin empty bags which have already been used for the dispatch of mail through the exchange office of destination in accordance with the provisions of the Detailed Regulations of the Universal Postal Convention. However, the Administrations may agree to the use of such bags for the transmission of their dispatches instead of returning them empty.

ARTICLE 109

STATISTICS OF TRANSIT CHARGES

Mail dispatches exchanged by surface means between countries of the Union are not included in the international statistical operation when not required for determination of territorial transit charges. However, the Postal Administrations apply the provisions of the Universal Postal Convention and its Detailed Regulations when the dispatches are addressed to or come from Postal Administrations not adhering to the Asian-Oceanic Postal Union.

PART III

FINAL PROVISIONS

ARTICLE 110

EFFECTIVE DATE AND DURATION OF THE REGULATIONS

1. The present Regulations become effective on the date of entry into force of the Convention to which they relate.

2. They have the same duration as that Convention, unless they are renewed by mutual agreement between the contracting Parties.

Done at Manila, January 23, 1961.

Republic of the Philippines
Department of Public Works and Communications
BUREAU OF POSTS
Manila

C E R T I F I C A T I O N

I hereby certify that the foregoing is a true copy of the "ASIAN-OCEANIC POSTAL CONVENTION" (consisting of the Convention proper, a Final Protocol and Detailed Regulations) signed at Manila on January 23, 1961, the original of which is deposited in the Archives of the Government of the Republic of the Philippines.

IN WITNESS WHEREOF, I, ENRICO PALOMAR, Postmaster General have hereunto caused the seal of the Bureau of Posts to be affixed and my name subscribed by the Chief of the Records Division, Bureau of Posts, at the City of Manila this 20th day of March, 1961.

ENRICO PALOMAR
Postmaster General

By:

MARIANO FAJARDO
Chief, Records Division
Bureau of Posts