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Part I Rules Applicable in Common Throughout the International Postal Service

FSole Chapter

General Provisions

 

Article 1

Definitions

  1. For the purposes of the Universal Postal Convention, the following terms shall have the meanings defined below:

1.1       universal postal service: the permanent provision of quality basic postal services at all points in a member country’s territory, for all customers, at affordable prices;

1.2       closed mail: labelled bag or set of bags or other receptacles sealed with or without lead, containing postal items;

1.3.      transit à découvert: open transit through an intermediate country, of items whose number or weight does not justify the make-up of closed mails for the destination country;

1.4       postal item: generic term referring to anything dispatched by the Post’s services (letter post, parcel post, money orders, etc.);

1.5       terminal dues: remuneration owed to the postal administration of destination by the dispatching postal administration in compensation for the costs incurred in the country of destination for letter-post items received;

1.6.      transit charges: remuneration for services rendered by a carrier in the country crossed (postal administration, other service or combination of the two) in respect of the land, sea and/or air transit of mails;

1.7.      inward land rate: remuneration owed to the postal administration of destination by the dispatching postal administration in compensation for the costs incurred in the country of destination for parcels received;

1.8.      transit land rate: remuneration owed for services rendered by a carrier in the country crossed (postal administration, other service or combination of the two) in respect of the land and/or air transit of parcels through its territory;

1.9.      sea rate: remuneration owed for services rendered by a carrier (postal administration, other service or a combination of the two) participating in the sea conveyance of parcels.

                                                                  

Article 2

Designation of the Entity or Entities Responsible for Fulfilling the Obligations

 Arising From Adherence to the Convention

  1. Member countries shall notify the International Bureau, within six months of the end of Congress, of the name and address of the governmental body responsible for overseeing postal affairs. Within six months of the end of Congress, member countries shall also provide the International Bureau with the name and address of the operator or operators officially designated to operate postal services and to fulfil the obligations arising from the Acts of the Union on their territory. Between Congresses, changes in the governmental bodies and the officially designated operators shall be notified to the International Bureau as soon as possible.

 

                                                                  Article 3

                                                     Universal Postal Service

  1. In order to support the concept of the single postal territory of the Union, member countries shall ensure that all users/customers enjoy the right to a universal postal service involving the permanent provision of quality basic postal services at all points in their territory, at affordable prices.
  2. With this aim in view, member countries shall set forth, within the framework of their national postal legislation or by other customary means, the scope of the postal services offered and the requirement for quality and affordable prices, taking into account both the needs of the population and their national conditions.
  3. Member countries shall ensure that the offers of postal services and quality standards will be achieved by the operators responsible for providing the universal postal service.
  4. Member countries shall ensure that the universal postal service is provided on a viable basis, thus guaranteeing its sustainability.

 

                                                                  Article 4

                                                           Freedom of Transit

  1. The principle of the freedom of transit is set forth in article 1 of the Constitution. It shall carry with it the obligation for each postal administration to forward always by the quickest routes and the most secure means which it uses for its own items, closed mails and à découvert letter-post items which are passed to it by another administration. This principle shall also apply to missent items or mails.
  2. Member countries which do not participate in the exchange of letters containing perishable biological substances or radioactive substances shall have the option of not admitting these items in transit à découvert through their territory. The same shall apply to letter-post items other than letters, postcards and literature for the blind. It shall also apply to printed papers, periodicals, magazines, small packets and M bags the content of which does not satisfy the legal requirements governing the conditions of their publication or circulation in the country crossed.
  3. Freedom of transit for postal parcels to be forwarded by land and sea routes shall be limited to the territory of the countries taking part in this service.
  4. Freedom of transit for air parcels shall be guaranteed throughout the territory of the Union. However, member countries which do not operate the postal parcels service shall not be required to forward air parcels by surface.
  5. If a member country fails to observe the provisions regarding freedom of transit, other member countries may discontinue their postal service with that country.

 

Article 5

Ownership of Postal Items. Withdrawal From the Post. Alteration or Correction of Address. Redirection. Return to Sender of Undeliverable Items

  1. A postal item shall remain the property of the sender until it is delivered to the rightful owner, except when the item has been seized in pursuance of the legislation of the country of origin or destination and, in case of application of article 15.2.1.1 or 15.3, in accordance with the legislation of the country of transit.
  2. The sender of a postal item may have it withdrawn from the post or have its address altered or corrected. The charges and other conditions are laid down in the Regulations.
  3. Member countries shall provide for the redirection of postal items, if an addressee has changed his address, and for the return to sender of undeliverable items. The charges and other conditions are laid down in the Regulations.

 

Article 6

Charges

  1. The charges for the various international postal and special services shall be set by the postal administrations in accordance with the principles set out in the Convention and the Regulations. They shall in principle be related to the costs of providing these services.
  2. The administration of origin shall fix the postage charges for the conveyance of letter- and parcel-post items. The postage charges shall cover delivery of the items to the place of address provided that this delivery service is operated in the country of destination for the items in question.
  3. The charges collected, including those laid down for guideline purposes in the Acts, shall be at least equal to those collected on internal service items presenting the same characteristics (category, quantity, handling time, etc.).
  4. Postal administrations shall be authorized to exceed any guideline charges appearing in the Acts.
  5. Above the minimum level of charges laid down in 3, postal administrations may allow reduced charges based on their internal legislation for letter-post items and parcels posted in their country. They may, for instance, give preferential rates to major users of the Post.
  6. No postal charge of any kind may be collected from customers other than those provided for in the Acts.
  7. Except where otherwise provided in the Acts, each postal administration shall retain the charges which it has collected.

 

Article 7

Exemption From Postal Charges

  1. Principle

1.1       Cases of exemption from postal charges, as meaning exemption from postal prepayment, shall be expressly laid down by the Convention. Nonetheless, the Regulations may provide for both exemptions from postal prepayment and exemption from payment of transit charges, terminal dues and inward rates for letter-post items and postal parcels relating to the postal service sent by postal administrations and Restricted Unions. Furthermore, letter-post items and postal parcels sent by the UPU International Bureau to Restricted Unions and postal administrations shall be considered to be items relating to the postal service and shall be exempted from all postal charges. However, the administration of origin shall have the option of collecting air surcharges on the latter items.

  1. Prisoners of war and civilian internees

2.1       Letter-post items, postal parcels and postal financial services items addressed to or sent by prisoners of war, either direct or through the offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement, shall be exempt from all postal charges, with the exception of air surcharges. Belligerents apprehended and interned in a neutral country shall be classed with prisoners of war proper so far as the application of the foregoing provisions is concerned.

2.2       The provisions set out under 2.1 shall also apply to letter-post items, postal parcels and postal financial services items originating in other countries and addressed to or sent by civilian internees as defined by the Geneva Convention of 12 August 1949 relative to the protection of civilian persons in time of war, either direct or through the offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement.

2.3       The offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement shall also enjoy exemption from postal charges in respect of letter-post items, postal parcels and postal financial services items which concern the persons referred to under 2.1 and 2.2, which they send or receive, either direct or as intermediaries.

2.4.      Parcels shall be admitted free of postage up to a weight of 5 kilogrammes. The weight limit shall be increased to 10 kilogrammes in the case of parcels, the contents of which cannot be split up and of parcels addressed to a camp or the prisoners’ representatives there (“hommes de confiance”) for distribution to the prisoners.

2.5       In the accounting between postal administrations, rates shall not be allocated for service parcels and for prisoner-of-war and civilian internee parcels, apart from the air conveyance dues applicable to air parcels.

  1. Literature for the blind

3.1       Literature for the blind shall be exempt from all postal charges, with the exception of air surcharges.

 

Article 8

Postage Stamps

  1. The term “postage stamp” shall be protected under the present Convention and shall be reserved exclusively for stamps which comply with the conditions of this article and of the Regulations.
  2. Postage stamps:

2.1       shall be issued solely by a competent issuing authority, in conformity with the Acts of the UPU. The issue of stamps shall also include putting them into circulation;

2.2       shall be a manifestation of sovereignty and shall constitute;

2.2.1    proof of prepayment of the postage corresponding to their intrinsic value when affixed to postal items, in conformity with the Acts of the Union;

2.2.2    a source of supplementary revenue for postal administrations, as philatelic items;

2.3       must be in circulation, for postal prepayment or for philatelic purposes, in the territory of origin of the issuing postal administration.

  1. As a manifestation of sovereignty, postage stamps shall comprise:

3.1       the name of the member country or territory to which the issuing postal administration is subject, in roman letters;

3.1.1    optionally, the official emblem of the member country to which the issuing postal administration is subject;

3.1.2    in principle, their face value in roman letters or arabic numerals;

3.1.3    optionally, the word “Postes” (Postage) in roman or other letters.

  1. Emblems of State, official control marks and logos of intergovernmental organizations featuring on postage stamps shall be protected within the meaning of the Paris Convention for the Protection of Industrial Property.
  2. The subjects and designs of postage stamps shall:

5.1       be in keeping with the spirit of the Preamble to the UPU Constitution and with decisions taken by the Union’s bodies;

5.2       be closely linked to the cultural identity of the country to which the issuing postal administration is subject, or contribute to the dissemination of culture or to maintaining peace;

5.3       have, when commemorating leading figures or events not native to the country or territory to which the issuing postal administration is subject, a close bearing on the country or territory in question;

5.4       be devoid of political character or of any topic of an offensive nature in respect of a person or a country;

5.5       be of major significance to the country to which the issuing postal a           dministration is subject or to that postal administration.

  1. Postage stamps may contain as the subject of intellectual property rights:

6.1       an indication of the issuing postal administration’s entitlement to use the intellectual property rights concerned, such as:

6.1.1    copyright, by affixing the copyright sign ©, indicating ownership of the copyright and mentioning the year of issue;

6.1.2    a mark registered in the territory of the member country to which the issuing postal administration is subject, by affixing the registered trademark symbol ® after the mark;

6.2       the name of the artist;

6.3       the name of the printer.

  1. Postal prepayment impressions, franking machine impressions and impressions made by a printing press or another printing or stamping process in accordance with the UPU Acts may be used only with the authorization of the postal administration.

 

Article 9

Postal Security

  1. Member countries shall adopt and implement a proactive security strategy at all levels of postal operations to maintain and enhance the confidence of the general public in the postal services, in the interests of all officials involved. This strategy shall include the exchange of information on maintaining the safe and secure transport and transit of mails between member countries.

 

 

 

Article 10

Environment

Member countries shall adopt and implement a proactive environment strategy at all levels of postal operations and promote environmental awareness in the postal services.

 

Article 11

Violations

  1. Postal items

1.1       Member countries shall undertake to adopt the necessary measures to prevent, prosecute and punish any person found guilty of the following:

1.1.1    the insertion in postal items of narcotics and psychotropic substances, as well as explosive, flammable or other dangerous substances, where their insertion has not been expressly authorized by the Convention;

1.1.2    the insertion in postal items of objects of a pedophilic nature or of a pornographic nature using children.

  1. Means of postal prepayment and postal payment itself

2.1       Member countries shall undertake to adopt the necessary measures to prevent, prosecute and punish any violations concerning the means of postal prepayment set out in this Convention, such as:

2.1.1    postage stamps, in circulation or withdrawn from circulation;

2.1.2    prepayment impressions;

2.1.3    impressions of franking machines or printing presses;

2.1.4    international reply coupons.

2.2       In this Convention, violations concerning means of postal prepayment refer to any of the acts outlined below committed with the intention of obtaining illegitimate gain for oneself or for a third party. The following acts shall be punished:

2.2.1    any act of falsifying, imitating or counterfeiting any means of postal prepayment, or any illegal or unlawful act linked to the unauthorized manufacturing of such items;

2.2.2    any act of using, circulating, marketing, distributing, disseminating, transporting, exhibiting, showing, or publicizing any means of postal prepayment which has been falsified, imitated or counterfeited;

2.2.3    any act of using or circulating, for postal purposes, any means of postal prepayment which has already been used;

2.2.4    any attempt to commit any of these violations.

  1. Reciprocity

3.1       As regards sanctions, no distinction shall be made between the acts outlined in 2, irrespective of whether national or foreign means of postal prepayment are involved; this provision shall not be subject to any legal or conventional condition of reciprocity.