ACTS OF THE UNIVERSAL POSTAL UNION("Off. Herald of RS - Treaties", No. 1/2025) |
FOURTH ADDITIONAL PROTOCOL
TO THE GENERAL REGULATIONS OF THE UNIVERSAL POSTAL UNION
The plenipotentiaries of the governments of the member countries of the Universal Postal Union, having met in Extraordinary Congress at Riyadh, in view of article 29.2 of the Constitution of the Universal Postal Union concluded at Vienna on 10 July 1964, have, by common consent and subject to article 24.3 of the Constitution, adopted the following amendments to the General Regulations.
Article I
(Article 107 amended)
1 The Council of Administration shall have the following functions:
1.1 Supervises all the activities of the Union between Congresses, ensuring compliance with the decisions of Congress, studying questions with respect to governmental policies on postal issues, and taking account of international regulatory developments such as those relating to trade in services and to competition.
1.2 Promotes, coordinates and supervises all forms of postal technical assistance within the framework of international technical cooperation.
1.3 Examines the draft quadrennial Union business plan approved by Congress, and finalizes it by bringing the activities set out in the draft plan for the four-year period into line with the actual resources available. The plan should also, if appropriate, be in line with the results of the prioritization process carried out by Congress. The finalized version of the quadrennial Union business plan, completed and approved by the CA, will then form the basis for the preparation of the annual Programme and Budget as well as for the annual operating plans to be drawn up and implemented by the CA and POC.
1.4 Considers and approves the annual programme and budget and the accounts of the Union, while taking into account the final version of the Union Business Plan, as described in article 107.1.3.
1.5 Authorizes the ceiling of expenditure to be exceeded, if circumstances so require, in accordance with article 146.3 to 5.
1.6 Authorizes election of a lower contribution class, if it is so requested, in accordance with the conditions set out in article 151.5.
1.7 Authorizes a change of geographical group if it is so requested by a member country, taking into account the views expressed by the member countries which are members of the geographical groups concerned.
1.8 Creates or abolishes International Bureau posts financed by the regular budget, taking into account the restrictions imposed by the expenditure ceiling fixed.
1.9 Decides on the contacts to be established with member countries in order to carry out its functions.
1.10 After consulting the Postal Operations Council, decides on the relations to be established with the organizations which are not observers within the meaning of article 105.1 and 105.2.1.
1.11 Considers the reports by the International Bureau on UPU relations with other international bodies and takes the decisions which it considers appropriate on the conduct of such relations and the action to be taken on them.
1.12 Designates in due course, after consulting the Postal Operations Council and the Secretary General, the specialized agencies of the United Nations, international organizations, associations, enterprises and qualified persons to be invited as ad hoc observers to specific meetings of Congress and its Committees when this is in the interest of the Union or the work of the Congress and instructs the Director General of the International Bureau to issue the necessary invitations.
1.13 Designates the member country where the next Congress is to be held in the case provided for in article 101.3.
1.14 Determines in due course and after consulting the Postal Operations Council the number of Committees required to carry out the work of Congress, and specifies their functions.
1.15 Designates, after consulting the Postal Operations Council and subject to the approval of Congress, the member countries prepared:
1.15.1 to assume the positions of Vice-Chairs of Congress and Chairs and Vice-Chairs of the Committees, taking as much account as possible of the equitable geographical distribution of the member countries; and
1.15.2 to sit on the Restricted Committees of the Congress.
1.16 (Deleted.)
1.17 Considers and approves, within the framework of its competence, any action considered necessary to safeguard and enhance the quality of and to modernize the international postal service.
1.18 Studies, at the request of Congress, the Postal Operations Council or member countries, administrative, legislative and legal problems concerning the Union or the international postal service; it shall be for the Council of Administration to decide, in the above-mentioned fields, whether it is expedient to undertake the studies requested by member countries between Congresses.
1.19 Formulates proposals which shall be submitted for the approval either of Congress or of member countries in accordance with article 142.
1.20 Submits subjects for study to the Postal Operations Council for examination in accordance with article 113.1.6.
1.21 Reviews and approves, in consultation with the Postal Operations Council, the draft Strategy for presentation to Congress.
1.22 Receives and discusses proposals, opinions and reports from the Consultative Committee and considers proposals and reports from the Consultative Committee for submission to Congress.
1.23 Provides control over the activities of the International Bureau.
1.24 Approves the annual report on the work of the Union and the annual Financial Operating Reports prepared by the International Bureau and, where appropriate, furnishes observations on them.
1.25 Establishes principles, as may be considered necessary, for the Postal Operations Council to take into account in its study of questions with major financial repercussions (charges, terminal dues, transit charges, basic airmail conveyance rates and the posting abroad of letter-post items), follows closely the study of these questions, and reviews and approves, for conformity with the aforementioned principles, Postal Operations Council proposals relating to these questions.
1.26 Approves, within the framework of its competence, the recommendations of the Postal Operations Council for the adoption, if necessary, of regulations or of a new procedure until such time as Congress takes a decision in the matter.
1.27 Considers the annual report prepared by the Postal Operations Council and any proposals submitted by the Council.
1.28 Approves the four-yearly report prepared by the International Bureau in consultation with the Postal Operations Council, on the performance of member countries in respect of the execution of the Union Strategy approved by the preceding Congress, for submission to the following Congress.
1.29 Establishes the framework for the organization of the Consultative Committee and concurs in the organization of the Consultative Committee, in accordance with the provisions of article 123.
1.30 Establishes criteria for membership of the Consultative Committee and revokes membership in accordance with those criteria, as further detailed in the relevant rules of procedure referred to in art-icle 123.
1.31 Lays down the Financial Regulations of the Union.
1.32 Lays down the rules governing the Reserve Fund.
1.33 Lays down the rules governing the Special Fund.
1.34 Lays down the rules governing the Special Activities Fund.
1.35 Lays down the rules governing the Voluntary Fund.
1.36 Lays down the Staff Regulations and the conditions of service of the elected officials.
1.37 Lays down the Regulations of the Social Fund.
1.38 Exercises, within the context of article 153, overall supervision of the creation and activities of user-funded subsidiary bodies.
1.39 Adopts its Rules of Procedure and the amendments to those Rules.
Article II
(Article 108 amended)
1 At its constituent meeting, which shall be convened and opened by the Chair of Congress, the Council of Administration shall elect four Vice-Chairs from among its members. The Chair and four Vice-Chairs shall be member countries from each of the five geographical groups of the Union.
2 The Council of Administration shall meet twice a year, or additionally on an exceptional basis, at Union headquarters, in accordance with the relevant procedures set forth in its Rules of Procedure.
3 The Chair and Vice-Chairs, and the Committee Chairs, Co-Chairs and Vice-Chairs, of the Council of Administration shall form the Management Committee. This Committee shall prepare and direct the work of each session of the Council of Administration. It shall approve, on behalf of the Council of Administration, the annual report prepared by the International Bureau on the work of the Union and it shall take on any other task which the Council of Administration decides to assign to it or the need for which arises in the course of the strategic planning process.
4 The Chair of the Postal Operations Council shall represent that body at meetings of the Council of Administration when the agenda contains questions of interest to the Postal Operations Council.
5 (Deleted.)
Article III
(Article 109 amended)
1 Observers
1.1 To ensure effective liaison between the work of the two bodies, the Postal Operations Council may designate representatives to attend Council of Administration meetings as observers.
1.2 Member countries of the Union which are not members of the Council, as well as the observers and ad hoc observers referred to in article 105, may participate in the plenary sessions and Committee meetings of the Council of Administration, without the right to vote.
1.3 Members of the Consultative Committee, as well as the other observers and ad hoc observers referred to in article 105, also have the right to attend meetings of the standing groups, task forces and other bodies of the Council of Administration as observers, without the right to vote, subject to the provisions of paragraph 2.3.
2 Principles
2.1 For logistical reasons, the Council of Administration may limit the number of attendees per observer and ad hoc observer participating. It may also limit their right to speak during the debates.
2.2 Observers and ad hoc observers may, at their request, be allowed to cooperate in the studies undertaken, subject to such conditions as the Council may establish to ensure the efficiency and effectiveness of its work. They may also be invited to chair standing groups and task forces when their experience or expertise justifies it. The participation of observers and ad hoc observers shall be carried out without additional expense for the Union.
2.3 In exceptional circumstances, members of the Consultative Committee and ad hoc observers may be excluded from a meeting or a portion of a meeting or may have their right to receive documents restricted if the confidentiality of the subject of the meeting or document so requires. This restriction may be decided on a case-by-case basis by any body concerned, or by its Chair in consultation with the Chair of the Council of Administration and the Secretary General. The case-by-case situations shall be reported to the Council of Administration and to the Postal Operations Council when matters of interest to the Postal Operations Council are concerned. If it considers this necessary, the Council of Administration may subsequently review restrictions, in consultation with the Postal Operations Council where appropriate. Strictly in so far as prospective meetings are concerned, notification of restrictions shall preferably be sent to the members of the Consultative Committee and ad hoc observers concerned at least 14 days in advance of the relevant meeting (or as soon as possible in the case of urgent meetings convened less than 14 days following issuance of the relevant invitation by the International Bureau). Accordingly, such notifications shall not apply in the event of exclusions or document access restrictions deemed necessary in the context of an ongoing meeting of the body concerned.
Article IV
(Article 113 amended)
1 The Postal Operations Council shall have the following functions:
1.1 Coordinates practical measures for the development and improvement of international postal services.
1.2 Takes, subject to Council of Administration approval within the framework of the latter’s competence, any action considered necessary to safeguard and enhance the quality of and to modernize the international postal service.
1.3 Decides on the contacts to be established with member countries and their designated operators in order to carry out its functions.
1.4 Takes the necessary steps to study and publicize the experiments and progress made by certain member countries and their designated operators in the technical, operational, economic and vocational training fields of interest to other member countries and their designated operators.
1.5 Takes, in consultation with the Council of Administration, appropriate steps in the sphere of technical cooperation with all member countries of the Union and their designated operators and in particular with the new and developing countries and their designated operators.
1.6 Examines any other questions submitted to it by a member of the Postal Operations Council, by the Council of Administration or by any member country or designated operator.
1.7 Receives and discusses proposals, opinions and reports from the Consultative Committee and, when matters of interest to the Postal Operations Council are involved, examines and comments on proposals and reports from the Consultative Committee for submission to Congress.
1.8 (Deleted.)
1.9 Conducts the study of the most important operational, commercial, technical, economic and technical cooperation problems which are of interest to all member countries or their designated operators, including questions with major financial repercussions (charges, terminal dues, transit charges, airmail conveyance rates, parcel-post rates, and the posting abroad of letter-post items), and prepares information, opinions and recommendations for action on them.
1.10 Provides input to the Council of Administration for the development of the draft Union Strategy and draft quadrennial Union business plan to be submitted to Congress.
1.11 Studies teaching and vocational training problems of interest to member countries and their designated operators, as well as to the new and developing countries.
1.12 Studies the present position and needs of the new and developing countries and prepares appropriate recommendations on ways and means of improving their postal services.
1.13 Revises the Regulations of the Union; in this regard, the Postal Operations Council shall be subject to Council of Administration guidance on matters of fundamental policy and principle.
1.14 Formulates proposals which shall be submitted for the approval either of Congress or of member countries in accordance with article 142; the approval of the Council of Administration is required when these proposals concern questions within the latter’s competence.
1.15 Examines, at the request of a member country, any proposal which that member country forwards to the International Bureau under article 141, prepares observations on it and instructs the International Bureau to annex these observations to the proposal before submitting it for approval to the member countries.
1.16 Recommends, if necessary, and where appropriate after approval by the Council of Administration and consultation of all the member countries, the adoption of regulations or of a new procedure until such time as Congress takes a decision in the matter.
1.17 Prepares and issues, in the form of recommendations to member countries and their designated operators (or as binding provisions if the Acts of the Union so provide), standards for technological, operational and other processes within its competence where uniformity of practice is essential; it shall similarly issue, as required, amendments to standards it has already set.
1.18 Establishes the framework for the organization of user-funded subsidiary bodies and concurs in the organization of these bodies in accordance with the provisions of article 153.
1.19 Receives and discusses reports from the user-funded subsidiary bodies on an annual basis.
1.20 Adopts its Rules of Procedure and the amendments to those Rules.
Article V
(Article 114 amended)
1 At its first meeting, which shall be convened and opened by the Chair of Congress, the Postal Operations Council shall choose from among its members a Chair and four Vice-Chairs, and the Committee Chairs/Vice-Chairs/Co-Chairs. The Chair and four Vice-Chairs shall be member countries from each of the five geographical groups of the Union.
2 The Postal Operations Council shall meet twice a year, or additionally on an exceptional basis, at Union headquarters, in accordance with the relevant procedures set forth in its Rules of Procedure.
3 The Chair and Vice-Chairs, and the Committee Chairs, Co-Chairs and Vice-Chairs, of the Postal Operations Council shall form the Management Committee. This Committee shall prepare and direct the work of each meeting of the Postal Operations Council and take on all the tasks which the latter decides to assign to it or the need for which arises in the course of the strategic planning process.
4 On the basis of the Union Strategy adopted by Congress and, in particular, the part relating to the strategies of the permanent bodies of the Union, the Postal Operations Council shall, at its session following Congress, prepare a basic work programme containing a number of tactics aimed at implementing the strategies. This basic work programme, which shall include a limited number of projects on topical subjects of common interest, shall be revised annually in the light of new realities and priorities.
5 (Deleted.)
Article VI
(Article 115 amended)
1 Observers
1.1 In order to ensure effective liaison between the work of the two bodies, the Council of Administration may designate representatives to attend Postal Operations Council meetings as observers.
1.2 Member countries of the Union which are not members of the Council, as well as the observers and ad hoc observers referred to in article 105, may participate in the plenary sessions and Committee meetings of the Postal Operations Council, without the right to vote.
1.3 Members of the Consultative Committee, as well as the other observers and ad hoc observers referred to in article 105, have the right to attend meetings of the standing groups, task forces and other bodies of the Postal Operations Council as observers, without the right to vote, subject to the provisions of paragraph 2.3.
2 Principles
2.1 For logistical reasons, the Postal Operations Council may limit the number of attendees per observer and ad hoc observer participating. It may also limit their right to speak during the debates.
2.2 Observers and ad hoc observers may, at their request, be allowed to cooperate in the studies undertaken, subject to such conditions as the Council may establish to ensure the efficiency and effectiveness of its work. They may also be invited to chair standing groups and task forces when their experience or expertise justifies it. The participation of observers and ad hoc observers shall be carried out without additional expense for the Union.
2.3 In exceptional circumstances, members of the Consultative Committee and ad hoc observers may be excluded from a meeting or a portion of a meeting or may have their right to receive documents restricted if the confidentiality of the subject of the meeting or document so requires. This restriction may be decided on a case-by-case basis by any body concerned, or by its Chair in consultation with the Chair of the Postal Operations Council and the Secretary General. The case-by-case situations shall be reported to the Council of Administration and to the Postal Operations Council. If it considers this necessary, the Council of Administration may subsequently review restrictions, in consultation with the Postal Operations Council where appropriate. Strictly in so far as prospective meetings are concerned, notification of restrictions shall preferably be sent to the members of the Consultative Committee and ad hoc observers concerned at least 14 days in advance of the relevant meeting (or as soon as possible in the case of urgent meetings convened less than 14 days following issuance of the relevant invitation by the International Bureau). Accordingly, such notifications shall not apply in the event of exclusions or document access restrictions deemed necessary in the context of an ongoing meeting of the body concerned.
Article VII
(Article 120 amended)
1 The Consultative Committee shall consist of:
1.1 non-governmental organizations (including those representing customers, delivery service providers, postal employees or postal employers); philanthropic entities; standardization, financial and development organizations; suppliers of goods and services to the postal services sector; transportation entities; academic and research institutions; think tanks and similar knowledge-based institutions; and like organizations that have an interest in supporting the mission and objectives of the Union;
1.2 high-level figures from the postal sector recommended by member countries or the bodies of the Union concerned, including the Consultative Committee.
2 All members of the Consultative Committee shall have their principal place of business (and, if so required by the member country concerned, be duly registered) or, in the case of the high-level figures referred to in 1.2, have permanent residence, in a Union member country.
3 The operational costs of the Consultative Committee shall be shared by members of the Consultative Committee, except as otherwise determined by the Council of Administration. In this regard, and as further outlined in the Rules of Procedure of the Consultative Committee, different membership fees may apply depending on the specific legal nature and financial capability of members of the Consultative Committee.
4 The members of the Consultative Committee shall not receive remuneration or any other compensation.
Article VIII
(Article 121 amended)
1 Membership of the Consultative Committee shall be determined through a process of application and acceptance established by the Council of Administration, in accordance with article 107.1.30.
2 Without prejudice to the requirement set forth in article 120.2, any requests for membership of the Consultative Committee as submitted by the entities or high-level figures referred to in article 120 shall be accompanied by the prior written authorization or recommendation of the corresponding Union member country.
2bis Revocation of membership of the Consultative Committee shall be determined through a process established by the Council of Administration in accordance with article 107.1.30.
3 Each member of the Consultative Committee shall appoint its own representative(s).
Article IX
(Article 122 amended)
1 The Consultative Committee shall have the following functions:
1.1 Examines documents and reports of the Council of Administration and the Postal Operations Council, and their respective bodies. In exceptional circumstances, the right to receive certain texts and documents may be restricted if the confidentiality of the subject of the meeting or document so requires, in accordance with articles 109.2.3 and 115.2.3.
1.2 Conducts and contributes to studies of issues of importance to the Consultative Committee’s members.
1.3 Considers issues affecting the postal sector and provides input on such issues in the form of proposals, opinions and reports to the Council of Administration and Postal Operations Council, and their respective bodies, as appropriate.
1.4 (Deleted.)
1.5 Submits proposals and reports to Congress, subject to the approval of the Council of Administration and in the name of the latter and, when matters of interest to the Postal Operations Council are involved, subject to examination and comments by the Postal Operations Council in accordance with articles 107.1.22 and 113.1.7.
Article X
(Article 123 amended)
1 The Consultative Committee shall reorganize itself after each Congress in accordance with the framework established by the Council of Administration. The Chair of the Council of Administration shall preside at the organizational meeting of the Consultative Committee, which shall elect its Chair at that meeting.
2 The Consultative Committee shall determine its internal organization and shall draw up its own rules of procedure, taking into account the general principles of the Union and subject to the concurrence of the Council of Administration after having consulted the Postal Operations Council.
3 The Consultative Committee shall meet at least once a year or additionally as deemed appropriate for its work. The date and location of each meeting shall be fixed by the Chair of the Consultative Committee, in agreement with the Chairs of the Council of Administration and the Postal Operations Council and the Director General of the International Bureau.
Article XI
(Article 124 amended)
Representatives of the Consultative Committee at the Council of Administration, the Postal Operations Council and Congress
1 Without prejudice to article 124.2, members of the Consultative Committee have the right to attend meetings of Congress, the Council of Administration, and the Postal Operations Council, as well as their respective Committees, standing groups, task forces and other bodies, as observers without the right to vote, subject to the provisions of articles 109 and 115 and of the Rules of Procedure of Congresses, as relevant to the body concerned.
2 In order to ensure effective liaison with the bodies of the Union, the Consultative Committee shall designate representatives, who shall be the only representatives of the Consultative Committee, to formally provide, on behalf of that body, the input referred to in article 122. Such designated representatives shall have the right to attend, on behalf of the Consultative Committee, meetings of Congress, the Council of Administration and the Postal Operations Council, as well as their respective Committees, standing groups, task forces and other bodies, as observers without the right to vote, subject to the provisions of articles 109 and 115 and of the Rules of Procedure of Congresses, as relevant to the body concerned.
3 The Chair of the Council of Administration and the Chair of the Postal Operations Council shall represent those bodies at meetings of the Consultative Committee when the agenda of such meetings contains questions of interest to those bodies.
Article XII
(Article 125 amended)
1 Member countries of the Union and the observers and ad hoc observers referred to in article 105 may participate in the sessions of the Consultative Committee, without the right to vote.
2 For logistical reasons, the Consultative Committee may limit the number of attendees per observer and ad hoc observer participating. It may also limit their right to speak during the debates.
3 In exceptional circumstances, observers and ad hoc observers may be excluded from a meeting or a portion of a meeting of the Consultative Committee or may have their right to receive documents restricted if the confidentiality of the subject of the meeting or document so requires. This restriction may be decided on a case-by-case basis by the Consultative Committee or its Chair, in consultation with the Chair of the Council of Administration and the Secretary General. The case-by-case situations shall be reported to the Council of Administration and to the Postal Operations Council when matters of interest to the Postal Operations Council are concerned. If it considers this necessary, the Council of Administration may subsequently review restrictions, in consultation with the Postal Operations Council where appropriate. Strictly in so far as prospective meetings are concerned, notification of restrictions shall preferably be sent to the observers and ad hoc observers concerned at least 14 days in advance of the relevant meeting (or as soon as possible in the case of urgent meetings convened less than 14 days following issuance of the relevant invitation by the International Bureau). Accordingly, such notifications shall not apply in the event of exclusions or document access restrictions deemed necessary in the context of an ongoing meeting of the body concerned.
Article XIII
(Article 126 amended)
Information on the activities of the CC
1 After each session, the Consultative Committee shall inform the Council of Administration and the Postal Operations Council of its activities by sending to the Chairs of those bodies, inter alia, a summary record of its meetings and its recommendations and views. The Chair of the Consultative Committee, or another designated representative of the Consultative Committee, shall also report on the activities of the Consultative Committee at each plenary session of the Council of Administration and the Postal Operations Council respectively.
2 The Consultative Committee shall make to the Council of Administration and the Postal Operations Council an annual activity report. This report shall be included in the documentation of the Council of Administration and the Postal Operations Council provided to member countries of the Union, to their designated operators and to the Restricted Unions, in accordance with articles 111 and 117.
3 The Consultative Committee shall make to Congress a comprehensive report on its work and send it to the member countries and their designated operators at least two months before the opening of Congress.
Article XIV
(Article 133 amended)
Information. Opinions. Requests for explanation and amendment of the Acts. Inquiries. Role in the settlement of accounts
1 The International Bureau shall be at all times at the disposal of the Council of Administration, the Postal Operations Council, the Consultative Committee and member countries and their designated operators for the purpose of supplying them with any necessary information on questions relating to the service.
2 In particular it shall collect, collate, publish and distribute all kinds of information of interest to the postal service; give an opinion or provide dispute settlement services (in the latter case on a paid basis and in accordance with the relevant procedures adopted by the Council of Administration), at the request of the parties involved, on questions in dispute; act on requests for explanation and amendment of the Acts of the Union; and, in general, carry out such studies and editorial or documentary work as are assigned to it by those Acts or as may be referred to it in the interest of the Union.
3 It shall also conduct inquiries requested by member countries and their designated operators to obtain the views of other member countries, designated operators, members of the Consultative Committee and the public, as appropriate,on particularquestions. The result of such inquiries shall not have the status of a vote and shall not be formally binding.
4 It may act as a clearing house in the settlement of accounts of all kinds relating to the postal service.
5 The International Bureau shall ensure the confidentiality and security of commercial data provided by member countries, their designated operators and/or members of the Consultative Committee for the performance of its duties arising from the Acts or decisions of the Union.
Article XV
(Article 146 amended)
Fixing of the expenditure of the Union
1 Subject to the provisions of paragraphs 2 to 6, the annual expenditure relating to the activities of bodies of the Union may not exceed 38,890,030 Swiss francs for the years 2022 and 2023, and 39,512,270 Swiss francs for the years 2024 and 2025. In the event that the Congress planned for 2025 is postponed, the latter ceiling shall also apply to the post-2025 period
2 The expenditure relating to the convening of the next Congress (travelling expenses of the secretariat, transport charges, cost of installing simultaneous interpretation equipment, cost of reproducing documents during the Congress, etc.) shall not exceed the limit of 2,900,000 Swiss francs.
3 The Council of Administration shall be authorized to exceed the limits laid down in paragraphs 1 and 2 to take account of increases in salary scales, pension contributions or allowances, including post adjustments, approved by the United Nations for application to its staff working in Geneva.
4 The Council of Administration shall also be authorized to adjust, each year, the amount of expenditure other than that relating to staff on the basis of the Swiss consumer price index.
5 Notwithstanding paragraph 1, the Council of Administration, or in case of extreme urgency, the Director General, may authorize the prescribed limits to be exceeded to meet the cost of major and unforeseen repairs to the International Bureau building, provided however that the amount of the increase does not exceed 125,000 Swiss francs per annum.
6 If the credits authorized in paragraphs 1 and 2 prove inadequate to ensure the smooth running of the Union, these limits may only be exceeded with the approval of the majority of the member countries of the Union. Any consultation shall include a complete description of the facts justifying such a request.
Article XVI
Entry into force and duration of the Additional Protocol to the General Regulations of the Universal Postal Union
This Additional Protocol shall come into force on 1 March 2024 (with the exception of article XV, which shall come into force on 1 January 2024)and shall remain in force for an indefinite period.
In witness whereof the plenipotentiaries of the governments of the member countries have drawn up this Additional Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the General Regulations itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each member country by the International Bureau of the Universal Postal Union.
Done at Riyadh, 5 October 2023.
FIRST ADDITIONAL PROTOCOL TO THE UNIVERSAL POSTAL CONVENTION
The plenipotentiaries of the governments of the member countries of the Universal Postal Union, met in Extraordinary Congress at Riyadh, having regard to article 29.2 of the Constitution of the Universal Postal Union concluded at Vienna on 10 July 1964, have by common consent and subject to article 24.3 of the said Constitution adopted the following amendments to the Universal Postal Convention.
Article I
(Article 17 amended)
1 Member countries shall ensure that their designated operators accept, handle, convey and deliver letter-post items.
2 Letter-post items containing only documents are:
2.1 priority items and non-priority items, up to 2 kilogrammes;
2.2 letters, postcards and printed papers, up to 2 kilogrammes;
2.3 items for the blind, up to 7 kilogrammes.
2.4 (Deleted.)
3 Letter-post items containing goods are:
3.1 priority and non-priority small packets, up to 2 kilogrammes;
3.2 items for the blind, up to 7 kilogrammes, as specified in the Regulations.
3.3 (Deleted.)
4 Letter-post items shall be classified on the basis of both the speed of treatment of the items and the contents of the items in accordance with the Regulations.
5 Within the classification systems referred to in 4, letter-post items may also be classified on the basis of their format as small letters (P), large letters (G), bulky letters (E) or small packets (E). The size and weight limits are specified in the Regulations.
6 Higher weight limits than those indicated in paragraphs 2 and 3 apply optionally for certain letter-post item categories under the conditions specified in the Regulations.
7 Member countries shall also ensure that their designated operators accept, handle, convey and deliver parcel-post items up to 20 kilogrammes.
8 Weight limits higher than 20 kilogrammes apply optionally for certain parcel-post items under the conditions specified in the Regulations.
Article II
(Article 18 amended)
1 Member countries shall ensure the provision of the following mandatory supplementary services:
1.1 registration service for outbound and inbound priority and airmail letter-post items containing documents only.
1.2 (Deleted.)
1.3 tracked delivery service for inbound priority and airmail letter-post items containing goods.
2 Member countries may ensure the provision of the following optional supplementary services in relations between those designated operators which agreed to provide the service:
2.1 insurance for letter-post items and parcels;
2.2 cash-on-delivery service for letter-post items and parcels;
2.3 tracked delivery service for inbound priority and airmail letter-post items containing documents and outbound priority and airmail letter-post items containing documents or goods;
2.4 delivery to the addressee in person of registered or insured letter-post items;
2.5 free of charges and fees delivery service for letter-post items and parcels;
2.6 cumbersome parcels services;
2.7 consignment service for collective items from one consignor sent abroad;
2.8 merchandise return service, which involves the return of merchandise by the addressee to the original seller, with the latter’s authorization;
2.9 special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called “M bags”, up to 30 kilogrammes.
3 The following three supplementary services have both mandatory and optional parts:
3.1 international business reply service (IBRS), which is basically optional. All member countries or their designated operators shall, however, be obliged to operate the IBRS “return” service;
3.2 international reply coupons, which shall be exchangeable in any member country. The sale of international reply coupons is, however, optional;
3.3 advice of delivery for registered and insured letter-post items. All member countries or their designated operators shall admit incoming advices of delivery. The provision of an outward advice of delivery service is, however, optional.
4 The description of these services and their charges are set out in the Regulations.
5 Where the service features below are subject to special charges in the domestic service, designated operators shall be authorized to collect the same charges for international items, under the conditions described in the Regulations:
5.1 delivery for small packets weighing over 500 grammes;
5.2 letter-post items posted after the latest time of posting;
5.3 items posted outside normal counter opening hours;
5.4 collection at sender’s address;
5.5 withdrawal of a letter-post item outside normal counter opening hours;
5.6 poste restante;
5.7 storage for letter-post items weighing over 500 grammes (with the exception of items for the blind), and for parcels;
5.8 delivery of parcels, in response to the advice of arrival;
5.9 cover against risks of force majeure;
5.10 delivery of letter-post items outside normal counter opening hours.
Article III
Entry into force and duration of the First Additional Protocol to the Universal Postal Convention
This Additional Protocol shall come into force on 1 January 2025 (with the exception of the changes to paragraphs 1.1 and 1.2 of article II, which shall enter into force on 1 January 2026) and shall remain in force for an indefinite period.
In witness whereof the plenipotentiaries of the governments of the member countries have drawn up this Additional Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the Universal Postal Convention itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each member country by the International Bureau of the Universal Postal Union.
Done at Riyadh, 5 October 2023.
FIRST ADDITIONAL PROTOCOL TO THE POSTAL PAYMENT SERVICES AGREEMENT
The plenipotentiaries of the governments of the member countries of the Universal Postal Union, met in Extraordinary Congress at Riyadh, having regard to article 29.2 of the Constitution of the Universal Postal Union concluded at Vienna on 10 July 1964, have by common consent and subject to article 24.3 of the said Constitution adopted the following amendments to the Postal Payment Services Agreement.
Article I
(Article 2 amended)
1 Competent authority - any national authority of a member country which, by virtue of the powers conferred on it by the law or regulations, supervises the activities of the designated operator or of the persons referred to in the present article. The competent authority may contact the administrative or legal authorities engaged in combating money laundering and terrorist financing, and in particular the national financial intelligence unit and the oversight authorities.
2 Instalment - partial advance payment made by the issuing designated operator to the paying designated operator to ease the cash situation of the paying designated operator’s postal payment services.
2bis Interoperability - set of interconnected IT systems, and operational procedures, enabling the end-to-end exchange and processing of information on electronic payments in accordance with the present Agreement.
3 Money laundering - the conversion or transfer of funds in the knowledge that these funds are derived from a criminal activity or participation in such activity, with the aim of hiding or disguising the illegal origins of the funds or of helping any person having participated in such activity to escape the legal consequences of his action; money laundering shall be considered as such when the activities producing funds to be laundered are liable to prosecution in the territory of another member country or a third country.
4 Ring-fencing - the compulsory separation of users’ funds from those of the designated operator which prevents the use of users’ funds for purposes other than the execution of postal payment service operations.
5 Clearing house - within the framework of multilateral exchanges, a clearing house handles mutual debts and claims arising from services provided by one operator to another. Its role is to put to account exchanges between operators that are settled through a settlement bank, and to take the necessary steps in the event of settlement irregularities.
6 Clearing - a system enabling the number of payments to be made to be kept to a minimum by drawing up a periodic debit and credit balance for the parties involved. Clearing involves two stages: determining the bilateral balances and, by adding these balances, calculating the overall position of each entity with regard to the entire community in order to carry out only one settlement based on the debtor or creditor position of the entity in question.
7 Concentration account - an aggregation of funds from various sources combined into one account.
8 Liaison account - giro account opened reciprocally by designated operators as part of bilateral relations, by means of which mutual debts and credits are settled.
9 Criminal activity - any type of participation in, or perpetration of, a crime or misdemeanour, as defined by the national legislation.
10 Security deposit - amount deposited, in the form of cash or securities, to guarantee payments between designated operators.
11 Payee - natural or legal person designated by the sender as the beneficiary of the money order or postal giro transfer.
12 Third currency - intermediate currency used in cases of non-convertibility between two currencies or for clearing/settlement of accounts.
13 Due diligence in relation to users - general obligation on the part of designated operators, comprising the following duties:
13.1 identifying users;
13.2 obtaining information on the purpose of the postal payment order;
13.3 monitoring postal payment orders;
13.4 checking that the information concerning users is up to date;
13.5 reporting suspicious transactions to the competent authorities.
14 Electronic data relating to postal payment orders - data transmitted by electronic means, from one designated operator to another, relating to the execution of postal payment orders, inquiries, alteration or correction of addresses or reimbursement; these data are either entered by designated operators, or generated automatically by their information system, and indicate a change in the status of the postal payment order or of the order request.
15 Personal data - personal information needed in order to identify the sender or the payee.
16 Postal data - data needed for the routeing and tracking of a postal payment order or for statistical purposes, as well as for the centralized clearing system.
17 Electronic data interchange (EDI) - computer-to-computer exchange of data concerning operations, by means of networks and standard formats compatible with the Union system.
18 Sender - natural or legal person that gives the designated operator the order to execute a postal payment service in accordance with the Acts of the Union.
19 Terrorist financing - covers the financing of acts of terrorism, of terrorists and of terrorist organizations.
20 Users’ funds - sums delivered by the sender to the issuing designated operator in cash, or debited to the sender’s account written up in the books of the issuing designated operator, or by any other secure method of electronic banking, placed at the disposal of the issuing designated operator or any other financial operator by the sender, to be paid to a payee specified by the sender in accordance with the present Agreement and its Regulations.
21 COD (cash-on-delivery) money order - operational term used to designate a postal payment order given in exchange for the delivery of a COD item, as defined in article 1 of the present Agreement.
22 Currency of issue - currency of the country of destination or third currency authorized by the destination country in which the postal payment order is issued.
23 Issuing designated operator - designated operator which transmits a postal payment order to the paying designated operator, in accordance with the Acts of the Union.
24 Paying designated operator - designated operator responsible for executing the postal payment order in the destination country, in accordance with the Acts of the Union.
25 Validity period - period of time during which the postal payment order may be executed or cancelled.
26 Service access point - physical or virtual place where the user may deposit or receive a postal payment order.
27 Remuneration - sum owed by the issuing designated operator to the paying designated operator for payment to the payee.
28 Revocability - the ability of the sender to recall his postal payment order (money order or transfer) up to the moment of payment, or at the end of the validity period if payment has not been made.
29 Counterparty risk - risk that one of the parties to a contract will default, leading to loss or liquidity risk.
30 Liquidity risk - risk that a settlement system participant or a counterpart is temporarily unable to fulfil an obligation in its entirety at the required time.
31 Reporting of suspicious transaction - obligation of the designated operator, based on the national legislation and Union resolutions, to provide its competent national authorities with information on suspicious transactions.
32 Track and trace - system that enables the progress of postal payment order to be monitored and its location and status to be identified at any time.
33 Price - amount paid by the sender to the issuing designated operator for a postal payment service.
34 Suspicious transaction - single or repeated postal payment order or request for reimbursement relating to a postal payment order linked to a money-laundering or terrorist financing offence.
35 User - natural or legal person, sender or payee, that uses the postal payment services in accordance with the present Agreement.
Article II
(Article 8 amended)
Prevention of money laundering, terrorist financing and financial crime
1 Designated operators shall take all necessary steps to fulfil their obligations stemming from national and international legislation aimed at combating money laundering, terrorist financing and financial crime.
2 They should inform their country’s competent authorities of suspicious transactions, in accordance with national laws and regulations.
3 The Regulations shall set out the detailed obligations of designated operators with respect to the implementation of their respective programmes to combat money laundering, terrorist financing and financial crime, as well as user identification, due diligence and the procedures for implementing regulations against money laundering, terrorist financing and financial crime.
Article III
(Article 9 amended)
Confidentiality and use of personal data
1 Member countries and their designated operators shall ensure the confidentiality and security of personal data in accordance with national legislation and, where applicable, international obligations, and the Regulations.
2 Personal data may be employed only for the purposes for which it was gathered in accordance with applicable national legislation and international obligations and prevention of money laundering, terrorist financing and financial crime.
3 Personal data shall be notified only to third parties authorized by applicable national legislation to access that data.
4 Designated operators shall inform their customers of the use that is made of their personal data, and of the purpose for which it has been gathered.
5 The data required to execute the postal payment order shall be confidential.
6 For statistical purposes, and possibly also for the purpose of quality of service measurement and centralized clearing, designated operators shall be required to provide the International Bureau of the Union with postal data at least once a year. The International Bureau shall treat all individual postal data in confidence.
Article IV
(Article 10 deleted)
(Deleted.)
Article V
(Article 11 amended)
1 Accessibility via the network and financial inclusion
1.1 The postal payment services shall be provided by the designated operators via their network(s) and/or via any other partner network in order to ensure accessibility to these services for the greatest number, and with a view to ensuring access to, and use of, a wide range of affordably priced postal payment services.
1.2 All users shall have access to postal payment services regardless of any contractual or commercial relationship existing with the designated operator.
2 Separation of funds
2.1 Users’ funds shall be ring-fenced. These funds and the flows that they generate shall be separate from operators’ other funds and flows, particularly their own funds.
2.2 Settlements relating to remuneration between designated operators are separate from settlements relating to users’ funds.
3 Currency of issue and currency of payment in respect of postal payment orders
3.1 The amount of the postal payment order shall be expressed and paid in the currency of the destination country or in any other currency authorized by the destination country.
4 Non-repudiability
4.1 The transmission of postal payment orders by electronic means shall be subject to the principle of non-repudiability, in the sense that the issuing designated operator shall not question the existence of these orders and the paying designated operator shall not deny receipt of the orders, insofar as the message conforms to the applicable technical standards.
4.2 The non-repudiability of electronic postal payment orders shall be ensured by technological means, regardless of the system used by the designated operators.
5 Execution of postal payment orders
5.1 Postal payment orders transmitted between designated operators must be executed, subject to the provisions of the present Agreement and the national legislation.
5.2 In the designated operators’ network, if both member countries use the same currency, the sum delivered to the issuing designated operator by the sender shall be the same as the sum paid to the payee by the paying designated operator. If the currency is not the same, the sum shall be converted on the basis of an established exchange rate upon issue and/or payment, as appropriate.
5.3 Payment in cash to the payee shall not be conditional on receipt by the paying designated operator of the corresponding funds from the sender. It shall be made subject to the fulfilment by the issuing designated operator of its obligations towards the paying designated operator regarding instalments, settlement via the centralized clearing and settlement system,the settlement of monthly accounts or the provision of a liaison account.
5.4 Payment into the payee’s account by the paying designated operator shall be conditional on receipt of the corresponding funds from the sender, to be made available by the issuing designated operator to the paying designated operator. These funds may come from the centralized clearing and settlement system or from the liaison account of the issuing designated operator.
6 Setting of rates
6.1 The issuing designated operator shall set the price of postal payment services.
6.2 Charges may be added to this price for any optional or supplementary service required by the sender.
7 Exemption from charges
7.1 The provisions of the Universal Postal Convention concerning exemption from postal charges on postal items intended for prisoners of war and civil internees shall apply to the postal payment service items for this category of payee.
8 Remuneration of the paying designated operator
8.1 The paying designated operator shall be remunerated by the issuing designated operator for the execution of postal payment orders.
8.2 For settlement of postal payment services, and unless otherwise bilaterally agreed between the sending and paying designated operators:
8.2.1 The remuneration of the paying designated operator shall be a percentage of the price paid by the sender to the issuing designated operator for the issuing of a postal payment order.
8.2.2 The remuneration of the paying designated operator shall not be less than 30% or more than 50% of the price paid by the sender for the issuing of a postal payment order.
8.2.3 The Regulations shall specify the percentage to be applied and, where appropriate, a minimum amount of remuneration to cover the operating costs of the paying designated operator.
9 Intervals for settlement between designated operators
9.1 The frequency of settlement between designated operators of sums paid or credited to a payee on behalf of a sender may be different from that in respect of the settlement of remuneration between designated operators. Sums paid or credited shall be settled at least once a month.
10 Obligation to inform users
10.1 Users shall be entitled to the following information, which shall be published and made available to all senders: conditions covering the provision of postal payment services, prices, charges, exchange rates and arrangements, conditions of implementation of liability, and the addresses of information and inquiry services.
10.2 Access to this information shall be provided free of charge.
Article VI
(Article 12 amended)
Collective brand and quality of service
1 The PosTransfer collective brand shall be associated with the operation of the electronic postal payment services defined herein.
1bis The entities authorized to use the PosTransfer collective brand shall be subject to compliance with the quality of service objectives, elements and standards associated with electronic postal payment services, as set out in the PosTransfer licensing agreement.
2 The Postal Operations Council shall define and update the quality of service objectives, elements and standards for electronic postal payment services.
3 In line with the relevant provisions of the Regulations, designated operators (as well as the WPSPs referred to in article 5) must apply a minimum number of quality of service elements and standards for postal payment orders transmitted electronically.
Article VII
(Article 13 amended)
1 Networks
1.1 In order to exchange the data needed to execute electronic postal payment services, as well as to ensure due reporting and quality of service monitoring by the Union, designated operators shall have their systems and associated networks connected to the Union’s centralized exchange system, thus ensuringthe interoperability of electronic postal payment services in accordance with this Agreement.
1.2 Without prejudice to § 1.1 above, the Union may also develop, and provide designated operators and eligible WPSPs (as referred to in article 5) with, a centralized platform (and associated centralized database) aimed at enabling interconnection between postal payment services and other financial or payment services not covered by this Agreement, on the basis of open and interoperable standards and subject to any relevant operational and technical parameters (including without limitation the requirements set forth in article 8) as further defined by the Union.
1.2.1 Use of the aforementioned centralized platform for the exceptional purpose of interconnection with other financial or payment services not covered by this Agreement (including any in-payment or out-payment modalities associated thereto) shall be under the sole responsibility of the designated operators and eligible wider postal sector players concerned. In this regard, the Union shall not assume any liability for the operation of services not covered by this Agreement, whose scope shall remain beyond the postal payment services perimeter of interconnection referred to herein.
Article VIII
(Article 17 amended)
1 After confirming the payee’s identity in accordance with national legislation and the accuracy of the information the payee has provided, as well as due compliance with any relevant provisions on the prevention of money laundering, terrorist financing and financial crime, the designated operator shall make the payment in cash. For an inpayment order or a transfer, this payment shall be credited to the payee’s account.
2 The time limits for release of the funds shall be established in the bilateral and multilateral agreements between designated operators.
Article IX
(Article 25 amended)
Accounting and financial rules
1 Accounting rules
1.1 Designated operators shall comply with the accounting rules defined in the Regulations.
2 Preparation of monthly and general accounts
2.1 The paying designated operator shall prepare for each issuing designated operator a monthly account showing the sums paid for postal payment orders. The monthly accounts shall be incorporated, at the same intervals, in a general offset account including instalments and giving rise to a balance.
3 Instalment
3.1 In case of an imbalance in exchanges between designated operators, an instalment shall be paid by the issuing designated operator to the paying designated operator, at least once a month, at the beginning of the settlement period. In cases where increasing the frequency of settlement of exchanges reduces the period to less than a week, operators can agree to waive this instalment.
3.2 Instalments shall not be admitted for settlements taking place through the centralized clearing and settlement system.
4 Concentration account
4.1 In principle, each designated operator shall have one concentration account for users’ funds. These funds shall be used solely for settling postal payments paid to the payees or for reimbursing non-executed postal payment orders to senders.
4.2 Any instalments paid by the issuing designated operator shall be credited to the concentration account for the paying designated operator. These instalments shall be used exclusively for payments to payees.
5 Security deposit
5.1 The payment of a security deposit may be required in accordance with the conditions provided for in the Regulations.
Article X
(Article 26 amended)
1 Centralized settlement
1.1 Unless otherwise bilaterally agreed as per paragraph 2, settlementsof electronic postal payment services between designated operators shall pass through the Union’s central clearing house, in accordance with the procedures set out in the Regulations, and be carried out from the designated operators’ concentration accounts.
2 Bilateral settlement
2.1 Billing on the basis of the general account balance
2.1.1 Designated operators that are not members of the centralized clearing system, or that are settling paper-based postal payments, may settle accounts on the basis of the balance of the general account.
2.2 Liaison account
2.2.1 Where designated operators have a giro institution, they may each open a liaison account by means of which shall be settled their mutual debts and claims resulting from postal payment services.
2.2.2 Where the paying designated operator does not have a giro system, the liaison account may be opened with another financial institution.
2.3 Currency of settlement
2.3.1 Settlements shall be carried out in the currency of the destination country or in a third currency agreed between the designated operators.
Article XI
Entry into force and duration of the First Additional Protocol to the Postal Payment Services Agreement
This Additional Protocol shall come into force on 1 July 2024 (with the exception of the changes made to paragraphs 1.2 and 1.2.1 of article VII, which shall enter into force on 1 January 2025) and shall remain in force for an indefinite period.
In witness whereof the plenipotentiaries of the governments of the member countries have drawn up this Additional Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the Postal Payment Services Agreement itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each party by the International Bureau of the Universal Postal Union.
Done at Riyadh, 5 October 2023.