Indian Treaty Series

Islamabad, 14 September 1974

In accordance with the decisions contained in Para 3 of the Simla Agreement and in pursuance of Article 8 of the Constitution of the Universal Postal Union

The Government of INDIA

AND

The Government of PAKISTAN,

DESIRING to restore and establish a Postal Service between the two countries,

HAVE agreed as follows :

Article I
SCOPE OF THE AGREEMENT

1. The provisions of this Agreement shall apply to letter-post items, insured letters and boxes and parcels originating in either country and intended for delivery in the other.

2. The exchange of letter-post items, insured letters and boxes and postal parcels between India and Pakistan shall be governed by the provisions of the Convention and Agreements of the Universal Postal Union to which both the countries are signatories, except to the extent such provisions are modified in the subsequent Articles. The term “the Convention and Agreement of the Universal Postal Union” used in this Agreement shall be taken to include the Convention of the Universal Postal Union, 1969,
with its Final Protocol and Detailed Regulations and the Postal Parcels Agreement, 1969, with its Final Protocol and Detailed Regulations.

3. The facilities for registration and insurance shall be available in respect of letter-post items posted in either country for delivery in the other, on payment of fees in accordance with the provisions of the Convention and Agreement of the Universal Postal Union.

4. The facility of Express Delivery Service shall not be available in respect of letter-post items and parcels posted in either country for delivery in the other.

Article II
CLASSES OF POSTAL ARTICLES AND CONDITIONS FOR THEIR TRANSMISSION

1. The term “letter-post items” applies. to letters, letter-cards (or aerogrammes), postcards, printed papers (including registered newspapers), literature for the blind and small packets.

2. The weight limits and dimensions of the letter-post items shall conform to those laid down in the Universal Postal Union Convention and its Detailed Regulations.

3. Insured letters shall not contain articles subject to customs duty.

4. Insured boxes shall not contain (a) documents having the character of current and personal correspondence; and (b) bank notes, currency notes or securities of any kind payable to bearer.

5. Insured items shall be subject to customs and import and export and exchange control regulations in force from time to time in each country.

6. The insured value may not exceed the actual value of the contents of the item, subject to a maximum of 1250 Gold Francs, but it shall be permissible to insure only part of that value.

Article III
RATES

1. The postage rates, air surcharges and postal fees applicable to letter - post items and parcels in either country for delivery in the other shall be in accordance with the provisions of the Convention and Agreement of the Universal Postal Union.

2. Subject to the provisions of Convention and Agreement of the Universal Postal Union, changes in rates and fees shall, whenever necessary, be made by each Postal Administration, under intimation to the other.

Article IV
SPECIAL AND SUPPLEMENTARY CHARGES

1. All special and supplementary charges applicable to letter-post items and parcels posted in either country for delivery in the other shall be in accordance with the provisions of the Convention and Agreement of the Universal Postal Union.

2. When an enquiry or request for information is, at the request of the interested Party, to be transmitted by air, it will give rise to the collection of the respective air surcharge, or double this surcharge, if the reply is also to be transmitted by air. In both cases, the amount of surcharge will be retained in full by the Administration which collects it. If the use of telegraph is requested, the cost of the telegram will also be collected.

Article V
PARCELS

The following special provisions shall apply to postal parcels posted in either country for delivery in the other :

1. Maximum weight of a parcel shall be 10 Kgs.

2. The maximum insurance limit of a Parcel shall be 1250 Gold Francs.

3. Parcels shall be subject to Customs and Import and Export and
Exchange Control Regulations in force from time to time in the country of origin and destination.

Article VI
AIR MAIL

The provisions concerning airmail correspondence as laid down in the Universal Postal Union Convention shall be applicable in the case of airmail correspondence posted in either country for delivery in the other, subject to the following special provisions :

1. The surcharge on all items of airmail shall be in addition to the surface postage;

2. Each Administration shall be entitled to fix the rates of air surcharges on various items of airmail under intimation to the other, subject to the provisions of the Convention and Agreements of the Universal Postal Union.

Article VII
AIR PARCELS

The exchange of air parcels shall be covered by the same special provisions as laid down in Article V. Each Administration shall be at liberty to fix a separate air surcharge in addition to the surface parcel, postage rates or an air surcharge-cum-parcel postage taking into account the cost of air conveyance. Air parcels which cannot be delivered to the addressees for any reason whatsoever shall be returned to the country of origin only by the surface route.

Article VIII
SETTLEMENT OF ACCOUNTS

1. The manner of preparation, acceptance and settlement of postal accounts between India and Pakistan shall be governed by the provisions of the Universal Postal Union Convention and the Universal Postal Union Agreement, except as modified by this Agreement.

2. The net payment of balances of postal accounts shall be made in United States of America Dollars. The method of conversion into such currency shall be as follows :
The amount of the payment in US Dollars shall be equivalent in value to the balance of the account. The amount which is equivalent in value to the balance of the account shall be determined by the relationship in effect on the day before payment between the value of the gold francs and the gold, par value of the US Dollars approved by the International Monetary Fund. In case a central rate of the US Dollar has been established under the International Monetary Fund Executive Board decision subsequent to the approval given in the International Monetary Fund to the Gold par value, the gold value of that central rate shall be used in determining the equivalent value.

3. The amounts due to India shall be credited by bank transfer to the account of the Post and Telegraph Department in the State Bank of India, New York Branch.

4. The amounts due to Pakistan shall be credited by bank transfer to the account of Government of Pakistan in the National Bank of Pakistan, New York Branch.

5. Payment shall be made as quickly as possible and at the latest within four months from the date of receipt of the general or special liquidation accounts, accounts or statements drawn up by common consent, notification, requests for payments on account,
etc., indicating the amounts of balances to be settled, after that period the amounts due shall be chargeable with interest at the rate of 5% per annum.

6. If, between the time the remittance (cheque etc.) is effected and the time the creditor receives it, a variation occurs in the equivalent value of the US Dollar and if the difference resulting from such variation exceeds 5% of the amount due as calculated following such variation, the total difference shall be shared equally between debtor and creditor.
7. If there should be a radical change in the International Monetary system, which invalidates or makes inappropriate one or more of the foregoing paragraphs, India and Pakistan may, by a separate mutual agreement, adopt a new procedure for the payment of balances of accounts.

Article IX
SETTLEMENT OF OUTSTANDING DUES

It was agreed that payment of outstanding amounts relating to postal dues will be discussed and settled by the representatives of the two Governments at an early date.

Article X
SETTLEMENT OF DIFFERENCES AND DlSPUTES

1. A Committee of Technical Experts of both the countries shall meet twice a year to discuss and resolve to the maximum extent possible all outstanding problems relating to the operational matters and the settlement of accounts.

2. Any question which arises between the Parties concerning the interpretation of application of this Agreement or the existence of any fact which, if established, might constitute breach of this Agreement, shall first be examined by the above mentioned Committee of the Technical Experts which will endeavour to resolve the differences by agreement.
3. If the Committee of Technical Experts is unable to reach agreement on any question then a difference will be deemed to have arisen which shall be resolved through bilateral discussions between the two Governments.

Article XI
ENTRY INTO FORCE, MODIFICATION AND DURATION

1. This Agreement shall come into force from the date to be mutually agreed upon.

2. The Technical and Operational aspects of the Postal Service shall be decided by mutual agreement of the Postal Administration of the two countries.

3. This Agreement may be modified from time to time by mutual consent of the two Governments.

4. The provisions in the Agreement relating to Air Mail Service shall come into force only after the establishment of the air links between the two countries.

5. Exchange of mail by sea shall come into force only after the establishment of shipping services between the two countries.

6. This Agreement may be suspended by either side if balances of accounts accruing under this Agreement remain unpaid for a period of two years.

7. This Agreement is valid for five years from the date of endorsement, subject to the provision that it can be terminated by either Government after giving a notice of one year of its intention to do so.

IN WITNESS WHEREOF, the undersigned, duly authorised for that purpose, have signed this Agreement in two originals, on Saturday, the l4th September, 1974, at Islamabad.

Sd /-
KEWAL SINGH
Foreign Secretary
Ministry of External Affairs
Government of India

Sd /-
AGHA SHAHI
Foreign Secretary
Ministry of Foreign Affairs
Government of Pakistan