diff --git a/verdrag/verdrag-inzake-postale-financiële-diensten/BWBV0006700/README.md b/verdrag/verdrag-inzake-postale-financiële-diensten/BWBV0006700/README.md index 5306510f070..f8d317e920f 100644 --- a/verdrag/verdrag-inzake-postale-financiële-diensten/BWBV0006700/README.md +++ b/verdrag/verdrag-inzake-postale-financiële-diensten/BWBV0006700/README.md @@ -18,16 +18,16 @@ citeertitel: Verdrag inzake postale financiële diensten **1.** -Each member country shall ensure on a best effort basis that at least one of the following postal payment services is offered or accepted on its territory: +Subject to the provisions under 2, each member country shall ensure on a best effort basis that the following postal payment services are offered or accepted by electronic means on its territory: -1.1 Money order in cash: the sender hands over funds at the service access point of the designated operator and asks for the full amount to be paid to the payee in cash, with no deductions. -1.2 Outpayment money order: the sender gives instructions for his account held by the designated operator to be debited and asks for the payee to be paid the full amount in cash, with no deductions. -1.3 Inpayment money order: the sender hands over funds at the service access point of the designated operator and asks for them to be paid into the payee’s account, with no deductions. -1.4 Postal transfer: the sender gives instructions for his account held by the designated operator to be debited and asks for the payee’s account with the paying designated operator to be credited with the equivalent amount, with no deductions. -1.5 COD money order: the recipient of the COD item hands over funds at the service access point of the designated operator or gives instructions for his account to be debited, and asks that the full amount specified by the sender of the COD item be paid to the latter, without any deductions. -1.6 Urgent money order: the sender hands over the postal payment order at the service access point of the designated operator and asks that it be transferred within thirty minutes and paid in full to the payee, with no deductions, at the payee’s first request, at any service access point of the country of destination (in accordance with the list of service access points of the country of destination). +1.1 Money order in cash: the sender hands over funds at the service access point and asks for the full amount to be paid to the payee in cash, with no deductions. +1.2 Outpayment money order: the sender gives instructions for his account to be debited and asks for the payee to be paid the full amount in cash, with no deductions. +1.3 Inpayment money order: the sender hands over funds at the service access point and asks for them to be paid into the payee’s account, with no deductions. +1.4 Account transfer: the sender gives instructions for his account to be debited and asks for the payee’s account to be credited with the equivalent amount, with no deductions. -**2.** The Regulations shall define the procedures for executing the present Agreement. +**2.** In the event that none of the electronic postal payment services outlined under § 1 are offered or accepted by a member country, that member country must offer or accept at least one of the aforementioned postal payment services by paper-based means. + +**3.** The Regulations shall define the procedures for executing the present Agreement. ### Artikel 2 @@ -41,11 +41,7 @@ Each member country shall ensure on a best effort basis that at least one of the **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. +**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. @@ -81,7 +77,7 @@ Due diligence in relation to users – general obligation on the part of designa **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. +**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. @@ -95,11 +91,7 @@ Due diligence in relation to users – general obligation on the part of designa **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. +**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. @@ -142,31 +134,57 @@ In the event of the default of its designated operator(s), the member country sh ### Artikel 5 -**1.** The designated operators shall be responsible for the execution of postal payment services vis-àvis other operators and users. +**1.** -**2.** They shall be accountable for risks such as operational risks, liquidity risks, and counterparty risks, in accordance with the national legislation. +Without prejudice to the subcontracting possibility outlined in article 6.4, member countries: i) where the entire spectrum of postal payment services as defined in article 1 is not provided by their designated operator(s); or ii) facing the default situation referred to in article 4, shall have the possibility of authorizing the engagement, by designated operators, of wider postal sector players (hereinafter “WPSPs”) to participate in the interconnection and/or operation of postal payment services, with the aim of fostering financial inclusion and further enabling the interoperability of an international postal payment services network. -**3.** In order to implement the postal payment services whose provision is entrusted to them by their respective member country, designated operators shall conclude bilateral or multilateral agreements with the designated operators of their choice. +1.1 Member countries shall ensure that their authorizations for the operation of any postal payment services operated by WPSPs require WPSPs to comply with the relevant provisions of this Agreement relating to postal payment services and shall ensure that such authorizations require the WPSP to comply with any relevant Union requirement for licensing arrangements to operate under the PosTransfer collective brand. +1.2 The identification of WPSPs by member countries shall be in accordance with the parameters defined in paragraph 1 (subject to the detailed operational criteria defined by the relevant body established under the Postal Operations Council). +1.3 The International Bureau shall be responsible for preparing the list of member countries in which WPSPs may be authorized to operate, as well as the list of authorized WPSPs. This list shall be updated by the International Bureau on a regular basis and communicated by circular to all member countries. -**4.** Without prejudice to the foregoing obligations, a designated operator shall have the possibility of subcontracting, in part, the interconnection and operation of the postal payment services, defined herein as entrusted by its member country, to other entities contractually bound with that designated operator and in accordance with national legislation. In this regard, the designated operator shall guarantee the continued fulfilment of its obligations in accordance with the present Agreement and be fully responsible for all its relations with designated operators of other member countries and with the International Bureau. +**2.** + +The exercise of the possibility outlined in paragraph 1 shall be subject to the national legislation or policy of the member country in which the WPSP is established. In this regard, and without prejudice to the designation obligations contained in article 3, member countries shall guarantee the continued fulfilment of their obligations under the PPSA. + +2.1 Subject to the criteria referred to above, any licensing application concerning a WPSP shall be addressed to the member country where the WPSP intends to perform activities related to the interconnection or operation of postal payment services. In this regard, a WPSP may operate in several member countries provided that it is eligible and has been authorized to do so by the governmental authority of the member country concerned. +2.2 Any authorization formally granted by a member country to a WPSP shall be limited in time and without prejudice to the possibility for the member country to revoke such an authorization should the conditions outlined in paragraph 1 no longer be met. +2.3 For the purposes of paragraph 1.3 above, a copy of the aforementioned member country authorization of a WPSP (and any relevant documentation associated therewith) shall be provided without delay to the International Bureau. + +**3.** The requirement set forth in paragraph 2 shall equally apply to the destination member country for the acceptance of postal payment orders from WPSPs. + +**4.** Member countries shall inform the International Bureau on their policies with regard to postal payment orders transmitted through and/or received from WPSPs. Such information shall be made available on the Union’s website. + +**5.** Nothing in this article shall be construed to imply that WPSPs are in the same situation as designated operators of the member country concerned under the Acts of the Union, nor impose a legal obligation on other member countries to recognize such WPSPs as designated operators for the purposes of this Agreement. + +**6.** In order to ensure compliance with the provisions of this article, member countries shall agree to make any authorizations they provide to WPSPs to participate in the interconnection and/or operation of postal payment services conditional on a requirement that the WPSPs consent that their activities relevant to this Agreement may be subject to periodic audits to be conducted by the International Bureau, as per the relevant procedures defined in the Regulations. ### Artikel 6 -**1.** Any sum of money, given in cash or debited to an account for the execution of a postal payment order, shall belong to the sender until such time as it is paid to the payee or credited to the payee's account, except in the case of COD money orders. +**1.** Member countries shall ensure that their designated operators and authorized WPSPs referred to in article 5 are responsible for the execution of postal payment services vis-à-vis other operators and users. + +**2.** They shall be accountable for risks such as operational risks, liquidity risks, and counterparty risks, in accordance with the national legislation. + +**3.** In order to implement the postal payment services whose provision is entrusted to the designated operators and authorized WPSPs referred to in § 1, member countries shall ensure that such entities conclude bilateral or multilateral agreements with other designated operators and authorized WPSPs of their choice. + +**4.** Without prejudice to the foregoing obligations, a designated operator shall have the possibility of sub-contracting, in part, the interconnection and operation of the postal payment services, defined herein as entrusted by its member country, to other entities contractually bound with that designated operator and in accordance with national legislation. In this regard, the designated operator shall guarantee the continued fulfilment of its obligations in accordance with the present Agreement and be fully responsible for all its relations with designated operators of other member countries and with the International Bureau. + +### Artikel 7 + +**1.** Any sum of money, given in cash or debited to an account for the execution of a postal payment order, shall belong to the sender until such time as it is paid to the payee or credited to the payee’s account, except in the case of COD money orders. **2.** During the validity period of the postal payment order, the sender may recall this postal payment order until its payment to the payee or until it is credited to the payee’s account, except in the case of COD money orders. **3.** Any sum of money, given in cash or debited to an account for the execution of a COD money order, shall belong to the sender of the COD item once the order has been issued. The payment order shall then be irrevocable. -### Artikel 7 +### Artikel 8 **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. +**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 in respect of user identification, due diligence and the procedures for implementing regulations against money laundering, terrorist financing and financial crime. -### Artikel 8 +### Artikel 9 **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. @@ -178,9 +196,9 @@ In the event of the default of its designated operator(s), the member country sh **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 Universal Postal Union with postal data at least once a year. The International Bureau shall treat all individual postal data in confidence. +**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. -### Artikel 9 +### Artikel 10 **1.** The exchange of data necessary for the provision of the services defined in this Agreement shall be governed by the principle of technological neutrality, which means that the provision of these services does not depend on the use of a particular technology. @@ -190,7 +208,7 @@ In the event of the default of its designated operator(s), the member country sh ### Hoofdstuk II. GENERAL PRINCIPLES AND QUALITY OF SERVICE -### Artikel 10 +### Artikel 11 **1.** @@ -226,7 +244,7 @@ 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, the regular settlement of accounts, the provision of a liaison account or settlement via the centralized clearing and settlement system. -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 liaison account of the issuing designated operator or from a centralized clearing and settlement system. +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 liaison account of the issuing designated operator or from a centralized clearing and settlement system. **6.** @@ -260,7 +278,7 @@ 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. -### Artikel 11 +### Artikel 12 **1.** Designated operators may decide to identify postal payment services by means of a collective brand. @@ -270,7 +288,7 @@ Obligation to inform users ### Hoofdstuk III. PRINCIPLES FOR ELECTRONIC DATA INTERCHANGE -### Artikel 12 +### Artikel 13 **1.** @@ -278,7 +296,7 @@ Networks 1.1 In order to exchange the data needed to execute postal payment services between all designated operators, and to monitor quality of service, designated operators shall use the Union’s electronic data (EDI) exchange system or any other system ensuring the interoperability of the postal payment services in accordance with this Agreement. -### Artikel 13 +### Artikel 14 **1.** Designated operators shall be responsible for the proper functioning of their equipment. @@ -286,32 +304,32 @@ Networks **3.** Designated operators shall make transactions secure, in accordance with international standards. -### Artikel 14 +### Artikel 15 -**1.** The systems used by designated operators shall permit the monitoring of the processing of the order and its revocation by the sender, until such time as the corresponding amount is paid to the payee or credited to the payee's account, or, if appropriate, reimbursed to the sender. +The systems used by designated operators shall permit the monitoring of the processing of the order and its revocation by the sender, until such time as the corresponding amount is paid to the payee or credited to the payee’s account, or, if appropriate, reimbursed to the sender. ## Deel II. RULES GOVERNING THE POSTAL PAYMENT SERVICES ### Hoofdstuk I. PROCESSING OF POSTAL PAYMENT ORDERS -### Artikel 15 +### Artikel 16 **1.** The conditions for depositing, entering and transmitting postal payment orders are set out in the Regulations. **2.** The period of validity for postal payment orders may not be extended and is set in the Regulations. -### Artikel 16 +### Artikel 17 **1.** After confirming the payee’s identity in accordance with national legislation and the accuracy of the information he has provided, 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. -### Artikel 17 - -**1.** Designated operators shall inform the International Bureau of the Universal Postal Union of the maximum amounts for sending or receipt set according to their national legislation. - ### Artikel 18 +Designated operators shall inform the International Bureau of the Universal Postal Union of the maximum amounts for sending or receipt set according to their national legislation. + +### Artikel 19 + **1.** Extent of reimbursement @@ -321,32 +339,32 @@ Extent of reimbursement ### Hoofdstuk II. INQUIRIES AND LIABILITY -### Artikel 19 +### Artikel 20 **1.** Inquiries shall be entertained within a period of six months from the day after that on which the postal payment order was accepted. **2.** Designated operators, subject to their national legislation, shall have the right to collect from customers charges on inquiries in regard to postal payment orders. -### Artikel 20 +### Artikel 21 **1.** Treatment of funds -1.1 Except in the case of COD money orders, the issuing designated operator shall be accountable to the sender for the sums handed over at the counter or debited to the sender's account until: +1.1 Except in the case of COD money orders, the issuing designated operator shall be accountable to the sender for the sums handed over at the counter or debited to the sender’s account until: 1.1.1 the postal payment order has been duly paid; or -1.1.2 the payee's account has been credited; or +1.1.2 the payee’s account has been credited; or 1.1.3 the funds have been reimbursed to the sender in the form of cash or as a credit to his account. -1.2 For COD money orders, the issuing designated operator shall be accountable to the payee for the sums handed over at the counter or debited to the sender's account until the COD money order has been duly paid or the payee's account has been duly credited. +1.2 For COD money orders, the issuing designated operator shall be accountable to the payee for the sums handed over at the counter or debited to the sender’s account until the COD money order has been duly paid or the payee’s account has been duly credited. -### Artikel 21 +### Artikel 22 **1.** Each designated operator shall be liable for its own errors. **2.** The conditions and extent of liability are set out in the Regulations. -### Artikel 22 +### Artikel 23 **1.** @@ -360,13 +378,13 @@ Designated operators shall not be liable: 1.6 when the user has made no inquiry within the period set in the present Agreement; 1.7 when the time allowed for recourse in respect of postal payment services in the issuing country has expired. -### Artikel 23 +### Artikel 24 -**1.** No reservations may be made to the provisions regarding liability prescribed in articles 20 to 22, other than in case of a bilateral agreement. +No reservations may be made to the provisions regarding liability prescribed in articles 21 to 23, other than in case of a bilateral agreement. ### Hoofdstuk III. FINANCIAL RELATIONS -### Artikel 24 +### Artikel 25 **1.** @@ -390,9 +408,7 @@ Instalment 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. +4.1 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.** @@ -401,7 +417,7 @@ Security deposit 5.1 The payment of a security deposit may be required in accordance with the conditions provided for in the Regulations. -### Artikel 25 +### Artikel 26 **1.** @@ -426,7 +442,7 @@ Bilateral settlement ## Deel III. TRANSITIONAL AND FINAL PROVISIONS -### Artikel 26 +### Artikel 27 **1.** Any reservation which is incompatible with the object and purpose of the Union shall not be permitted. @@ -440,11 +456,11 @@ Bilateral settlement **6.** Reservations to the present Agreement shall be inserted in its Final Protocol on the basis of proposals approved by Congress. -### Artikel 27 +### Artikel 28 **1.** The Convention shall be applicable, where appropriate, by analogy, in all cases not expressly governed by this Agreement. -**2.** Article 4 of the Constitution shall not apply to this Agreement. +**2.** Article 5 of the Constitution shall not apply to this Agreement. **3.** @@ -459,6 +475,6 @@ Conditions for approval of proposals concerning this Agreement and the Regulatio 3.3.3 a majority of the votes, if they involve interpretation of the provisions of this Agreement. 3.4 Notwithstanding the provisions under 3.3.1, any member country whose national legislation is as yet incompatible with the proposed addition may, within 90 days from the date of notification of the latter, make a written declaration to the Director General of the International Bureau stating that it is unable to accept this addition. -### Artikel 28 +### Artikel 29 -**1.** This Agreement shall come into force on 1 January 2018 and shall remain in operation until the entry into force of the Acts of the next Congress. +This Agreement shall come into force on 1 July 2022 and shall remain in force for an indefinite period.