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AGREEMENT ON THE EXCHANGE OF INTERNATIONAL MONEY ORDERS [1965] INTSer 5

AGREEMENT ON THE EXCHANGE OF INTERNATIONAL MONEY ORDERS
BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF JAPAN

New Delhi, 24 February 1965

The Government of Japan and the Government of India,

DESIRING to conclude an Agreement for the exchange of international money orders between the two countries,

The undersigned, being duly authorized by their respective Governments for that purpose,

HAVE agreed upon the following articles :

Article 1

There shall be a regular exchange of money orders between Japan and India.

Article 2

The money order service shall be performed exclusively by the agency of offices of exchange. The names of the offices of exchange nominated for this purpose in each country shall be communicated by each Postal Administration to the other.

Article 3

The amounts of money orders shall be expressed in the currency of the country where payment is to be made. The currency mentioned above may, however, be subject to alteration by mutual consent between the two Postal Administrations when they consider it necessary.

Article 4

The limits of the amount of a single money order shall be determined by mutual consent between the two Postal Administrations.

Article 5

All payment for money orders, whether by or to the public, shall be made in the legal money of the country of issue or payment as the case may be.

Article 6

The manner and conditions of issuing money orders shall be governed by the regulations existing in the country of issue.

Article 7

Each Postal Administration shall have the power to fix the various charges to be collected by it for the various services mentioned hereinafter in the present Agreement but each Postal Administration shall communicate to the other these charges and any alterations therein which may be decided upon.
Article 8

Each Postal Administration shall retain its own charges, but each Postal Administration shall pay the other one half of one per cent on the amount of money order issued in its country and advised to the other country.

Article 9

(1) Each office of exchange shall communicate to the other the particulars of sums received in its country for payment in the other by means of advice lists.

(2) The particulars as to the names shall include the full name, or full surname and at least the initial of one Christian or personal name, both of the remitter and payee, or the name of the firm or company designated ns the remitter or payee. The address of the payee shall be given fully and precisely to enable the receiving office of exchange to select the most convenient office of payment and to secure the correct delivery of the money order to the payee.

Article 10

(1) The lists despatched from each office of exchange shall be numbered consecutively, commencing with number 1 at the beginning of each calendar year.

(2) The entries in these lists respecting money orders issued shall also have consecutive numbers commencing with number 1 for each list and these numbers shall be termed the international numbers.

Article 11

Should any list fail to be received in due course, the despatching office of exchange shall, on receiving information to that effect, transmit without delay to the receiving office of exchange a duplicate thereof duly certified as such.

Article 12

The list shall be carefully verified by the receiving office of exchange and simple errors shall be at once corrected, the despatching office of exchange being informed of such correction.

Article 13

If the lists be found to contain errors or irregularities which cannot be rectified without communication with the despatching office of exchange, the receiving office of exchange shall at once send such communication, and, pending the receipt of a reply, the payment of money orders dependent on the irregular entries shall be suspended.

Article 14

As soon as the lists shall have reached the receiving office of exchange, that office shall prepare internal money orders for the amounts specified in the lists and arrange for payment to the payees in accordance with the regulations existing in the country of payment.

Article 15

When it is desired that an error in the name of the remitter or of the payee shall be corrected, or that the amount of a money order shall be repaid to the remitter, application shall be made by the remitter to the issuing Postal Administration.

Article 16

Repayment of a money order shall not be made to the remitter until it has been ascertained, through the paying Postal Administration, that the order has not been and will not be paid.

Article 17

(1) The remitter of a money order may apply for an advice of payment of the order by paying a charge in advance either at the time of issue or within one year after the end of the month of issue.

(2) If application for an advice of payment is made at the time of issue of an order, the letters “A.P.” shall be written against the entry in the list. The advice of payment shall be prepared by the office of payment and forwarded direct to the remitter either by the office of payment or by the office of exchange of destination.

(3) If application for an advice of payment is made subsequent to the issue of an order, a form of advice of payment giving full particulars of the order and of the advising, shall be sent by the despatching office of exchange to the office of exchange of destination, which shall arrange for its completion and despatch to the remitter. (4) The advice of payment relating to a “through” money order shall be sent through the office's of exchange of the two countries.

Article 18

A money order shall remain payable for twelve months after the end of the month of issue, and the amount of every order not paid within that period shall be returned to the issuing Postal Administration to be dealt with in accordance with the regulations existing in the country of issue.

Article 19

In the event of a money order being lost or destroyed, a duplicate I order shall be granted on a written application (containing the necessary particulars) from the remitter of the payee, or from the issuing Postal Administration, to the paying Postal Administration, I and, unless there is reason to believe that the order was lost in transmission through the post, the office issuing the duplicate shall be entitled to charge the same fee as would be chargeable for a duplicate order under its own internal regulations.

Article 20

(1) At the end of every month each office of exchange shall prepare and forward to the other a list, in duplicate, of the money orders issued in the other country which have not been paid within twelve months after the end of the month of issue and have therefore been placed at the disposal of the other Postal Administration.

(2) When there are no transactions to report, “Nil” lists shall be sent.

Article 21

(1) Each Postal Administration may exchange money order with any countries with which it does not maintain the exchange of money orders, through the medium of the other Postal Administration if the other maintains the exchange of money orders with those countries.

(2) Each Postal Administration shall allow to the other the same percentage (see Article 8) on “through” money orders as on money orders payable in the other Postal Administration.

(3) For the intermediary service, a special commission fixed by each Postal Administration shall be deducted from the amount of each re-advised order, and the commission so charged shall not be refunded even if the amount of a “through” money order is repaid to the remitter.

(4) Each Postal Administration shall communicate to the other the names of the countries for which it may transact the intermediary service, the limit of amount adopted for each and the commission deducted for its intermediary service.

Article 22

Accounts relating to money orders shall be prepared and settled in accordance with arrangements mutually agreed upon by the two Postal Administrations.

Article 23

Each Postal Administration shall have authority to suspend or restrict temporarily the exchange of money orders in case the course of exchange or any other circumstance shall give rise to abuses, or cause detriment to the revenues of the country concerned, or for any other extraordinary circumstances.

Article 24

In the case of errors or frauds the responsibility for any loss involved shall be borne by the Postal Administration in whose service the error or fraud was committed. In case it may be impossible to determine in which service the error or fraud was committed, the responsibility for any losses involved shall be shared equally between the two Postal Administrations.

Article 25

Matters necessary to ensure the execution of the present Agreement shall be settled by mutual consent between the two Postal Administrations.

Article 26

(1) The present Agreement shall be approved by each Contracting Party in accordance with its legal procedures, and, thereafter, it shall enter into force on the date to be agreed upon by the Governments of the Contracting Parties. (The date of effect is 1st August, 1965).

(2) The present Agreement shall continue in force until twelve months after either of the Contracting Parties shall have notified the other of its intention to terminate it.
DONE in duplicate and signed at Tokyo on the 26th day of January, 1965, and at New Delhi on the 24th day of February, 1965. (at 10.30 a.m.)

For Japan

Sd /-
His Excellency,
Mr. ETSUSABURO SHIINA,
Minister for Foreign Affairs.

For India

Sd /-
SATYA NARAYAN SINHA
Minister for Communications and Parliamentary Affairs.

Sd /--
His Excellency,
Mr. JITSUZO TOKUYASU,
Minister of Post and Communications.


India Bilateral

Ministry of External Affairs, India


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