Postal and Courier Services (General) Regulations, 2015

Supplement to the Republic of Zambia Government Gazette dated Friday, 29th April, 2016 381 GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. 31 OF 2016 The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY PROVISIONS Regulation 1. Title 2. Interpretation PART II LICENSING Issuance of licence 3. Categories of postal and courier operations 4. Application for licence 5. Request for information 6. Rejection of application for licence or registration 7. 8. Non-commencement of business 9. Change of details 10. Amendment of licence or registration 11. Transfer of licence 12. Renewal of licence or registration 13. Application for duplicate licence or registration 14. Suspension or cancellation of licence or registration 15. Reserved postal services 16. Universal postal and courier services 17. Application for registration of subsidiary and agent of Corporation 18. Certificate of registration of agent or subsidiary of Corporation Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K 52.00 each 382 Statutory Instruments 20th May, 2016 PART III OBLIGATIONS OF LICENSEE 19. Operating premises 20. Quality of service standards 21. Collaboration and interconnection agreements 22. Rates and tariffs 23. Safety measures 24. Display of logo 25. Confidentiality and integrity of postal articles 26. Opening postal articles 27. Postal security and safety 28. Liability for loss of postal articles 29. Compensation scheme 30. Complaints against licensees 31. Taxation of postal articles 32. Prohibited articles 33. Undelivered postal articles PART IV GENERAL PROVISIONS 34. Annual return 35. Provision of information to Authority 36. Fees 37. General penalty 20th May, 2016 Statutory Instruments 383 IN EXERCISE of the powers contained in section ninety-four of the Postal Services Act, 2009, and on the recommendation of the Authority, the following Regulations are made: PART I PRELIMINARY PROVISIONS 1. These Regulations may be cited as the Postal and Courier Title Services (General) Regulations, 2015. 2. (1) In these Regulations, unless the context otherwise Interpretation requires— Act No. 15 of 2009 “ article ” includes a letter, message or information, direction to pay an amount of money, or any other matter or thing that is capable of transmission through a post office; “ Authority ” means the Zambia Information and Communications TechnologyAuthority provided for under section four of the Information and Communications Technology Act, 2009; “ Commissioner-General ” means the Commissioner-General of the Zambia Revenue Authority; “ Corporation ” means the Zambia Postal Services Corporation provided for under section nineteen of the Act; “ courier service ” has the meaning assigned to it in the Act; “ foreign postal administration ” means a postal administration outside Zambia; “ international ” in relation to an article, means an article that is intended to be transmitted, or which is in the course of transmission, by an international service; “ international service ” means a postal service performed by an operator in respect of a postal article posted within Zambia to an addressee outside Zambia, or a postal article posted outside Zambia to an addressee in Zambia, for delivery or re-transmission to a place within Zambia; “ licence ” means a licence to provide a reserved or unreserved postal service and “licensee” shall be construed accordingly; “ mailbag ” includes a form of container or receptacle in which postal articles in the course of transmission by post are enclosed by a postal operator in Zambia or a foreign postal operator for the purpose of conveyance by post, whether or not it contains the postal articles; 384 Statutory Instruments 20th May, 2016 “parcel” means an article that is offered for transmission by post as a parcel or an article that is in the course of transmission by parcel post; “ post ” in relation to transmission of postal articles, means a system for the collection, dispatch, conveyance, handling and delivery of postal articles; “ postal service ” has the meaning assigned to it in the Act; and “ user ” means a sender, addressee or a potential user or consumer of a service or product. (2) For the purposes of these Regulations— (a) a postal article is considered as posted or collected when the postal article— (i) is collected from the customer’s premises by a postal or courier service operator; (ii) is delivered to the premises of a postal or courier service operator by the customer and handed over to a postal officer or other person authorised to receive the postal article; (b) a postage stamp, franking machine impression and an official operator’s receipt denotes postage or certificate of posting; (c) a postal article is taken to be in the course of transmission from the time it is posted in accordance with paragraph (a) to the time it is delivered to the addressee; and (d) a postal article shall be considered to be delivered to the addressee when the postal article is— (i) delivered at the physical address or premises to which it is addressed or re-directed for delivery; (ii) delivered into a post office box or private bag installed at a post office or customer’s physical address or premises; (iii) delivered to a box or receptacle designated by the occupier of the premises for delivery of postal articles addressed to a person at the premises; or (iv) delivered to the addressee’s agent or to any other person authorised to receive the postal article. 20th May, 2016 Statutory Instruments 385 Categories of postal and courier operations Application for licence PART II LICENSING 3. A licence shall be issued in respect of unreserved postal services specified in the Second Schedule. 4. (1) A person intending to operate an unreserved postal service shall apply to the Authority for a licence in Form I set out in the First Schedule. (2) The Authority shall, in considering an application for a licence, take into account— (a) the technical and financial capability of the applicant; (b) the public interest to be served by the grant of the licence; (c) the need to ensure the provision of a universal postal service; (d) the need to protect the interests of users of postal and courier services and promote the development of services that are responsive to consumer needs; and (f) the need to stimulate fair competition and encourage research and the advancement of postal technology. (3) The Authority shall ensure that a licence is granted on firstcome firstserved basis. 5. The Authority may request an applicant to submit information in relation to an application in Form II set out in the First Schedule. Request for information Rejection of application for licence or registration 6. (1) The Authority shall reject an application for a licence or registration if the applicant— (a) fails to meet the requirements of the Act; (b) fails to provide the information requested by the Authority within the specified period; or (c) knowingly provides false or misleading information in the application for the licence or registration. (2) The Authority shall, where it rejects an application, inform the applicant within seven days of the decision in Form III set out in the First Schedule. 7. (1) The Authority shall, where the applicant meets the requirements of the Act, issue a licence in Form IV set out in the First Schedule. Issuance of licence 386 Statutory Instruments 20th May, 2016 (2) A licence is valid for five years. Non- commence- ment of business 8. (1) A licensee or a registered subsidiary or agent of the Corporation shall commence the provision of services within thirty days from the date of registration or issuance of the licence. (2) A licensee or agent or subsidiary of the Corporation that is not able to commence the business for which the licence or registration is issued shall notify the Authority in Form V set out in the First Schedule. 9. A licensee or agent or subsidiary of the Corporation shall, where there are changes in respect of the details of the licensee, agent or subsidiary of the Corporation, inform theAuthority in Form VI set out in the First Schedule. Change of details Amendment of licence or registration 10. (1) The Authority may, on its own motion or upon application by a licensee, agent or subsidiary of the Corporation, amend a licence or registration where— (a) some other person succeeds to the interest in the business of the licensee or agent or subsidiary of the Corporation; (b) the business to which the licence or registration relates changes; or (c) any other change occurs in the details of the licensee or registration. (2) An application for the amendment of a licence or registration shall be made in Form VII set out in the First Schedule. (3) The Authority shall communicate its decision to the applicant within fourteen days of receipt of the application for the amendment of the licence. Transfer of licence 11. (1) A licence shall be used solely by the holder and is not transferable to any other person without the prior approval of the Authority. (2) An application for approval to transfer a licence shall be made to the Authority in Form VIII set out in the First Schedule. (3) The Authority shall, within thirty days of receipt of an application for the transfer of a licence— (a) approve the transfer of the licence if the applicant meets the requirements of the Act; and (b) endorse on the licence the details of the new holder of the licence. 20th May, 2016 Statutory Instruments 387 (4) The Authority shall reject an application for the transfer of a licence if the applicant fails to comply with the conditions for the grant of the licence, and the provisions of the Act and the guidelines issued by the Authority. (5) The Authority shall, where it rejects an application to transfer a licence under subregulation (4), inform the applicant in Form III set out in the First Schedule. 12. An application for the renewal of a licence or registration shall be made in Form IX set out in the First Schedule at least— Renewal of licence or registration (a) six months before the expiry of the licence, for the Corporation, its agent or subsidiary; and (b) three months before the expiry of the licence, for a licensee. 13. An application for a duplicate licence or registration shall be made in Form X set out in the First Schedule. 14. (1) The Board shall, where it— (a) intends to suspend or cancel a licence or registration, notify the licensee or holder in Form XI set out in the First Schedule; and (b) suspends or cancels a licence or registration, notify the licensee or holder in Form XII set out in the First Schedule. (2) The Board shall, where it suspends or cancels a licence or registration, endorse the cancellation or suspension on the licence or registration. Application for duplicate licence or registration Suspension or cancellation of licence or registration 15. (1) The Authority shall issue a licence to the Corporation for the provision of reserved postal services in Form XIII set out in the First Schedule. Reserved postal services (2) The reserved postal services in the licence referred to in sub-regulation (1) shall include the reserved postal services specified in the First Schedule to the Act. (3) The Corporation shall provide the postal and courier services specified in its licence. (4) Postage stamps, aerogramme and international reply coupons issued by the Corporation shall bear the official Coat of Arms or the words, “ Republic of Zambia ” or “ Zampost ”. 388 Statutory Instruments 20th May, 2016 (5) The Corporation shall use the words “Post Office” on its designated postal outlets or business premises. Universal postal and courier services 16. (1) The Corporation shall provide universal postal and courier services specified by the Authority in consultation with the Minister. (2) The Authority may, by endorsement on a licence, require another licensee to provide any or all the universal postal and courier services provided by the Corporation. (3) The Authority may provide targets to facilitate the achievement of universal service and in providing the targets, the Authority shall consider the— (a) measurable quality of service standards; (b) accessibility and affordability of services; (c) speed, reliability and security of services; and (d) evolution in technological, economic and social environments. 17. An agent or subsidiary of the Corporation shall apply for registration in Form XIV set out in the First Schedule. 18. The Authority shall, within fourteen days of the date of receipt of the application for registration issue a certificate of registration of a subsidiary or agent of the Corporation in Form XV set out in the First Schedule if the applicant meets the requirements of these Regulations. Application for registration of subsidiary and agent of Corporation Certificate of registration of agent or subsidiary of Corporation PART III OBLIGATIONS OF LICENSEE Operating premises 19. (1) A licensee shall operate from permanent premises that have the following amenities and facilities: (a) counters for the acceptance and delivery of postal articles from the public; (b) convenience rooms, lobbies and galleries for the comfort and convenience of customers; (c) adequate transport and arrangements for the conveyance of postal articles; and (d) adequate and secure storage facilities for postal articles awaiting conveyance and delivery. 20th May, 2016 Statutory Instruments 389 20. (1) A licensee shall comply with guidelines on quality of service and standards of performance and customer care issued by the Authority. Quality of service standards (2) A licensee shall display the approved quality of service standards referred to in sub-regulation (1) for public information in a conspicuous place at the place of business. 21. (1) A licensee may enter into agreements with other licensees for the purpose of collaboration and interconnection of services or networks in accordance with the provisions of the Act and the Competition and Consumer Protection Act, 2010. (2) A licensee shall negotiate and enter into collaboration or interconnection agreements voluntarily and for mutual commercial benefit. (3) A licensee shall, in allowing interconnection onto and through its network, grant access on an equal basis and in a non discriminatory manner. (4) A licensee that intends to enter into a collaboration or interconnection agreement shall file the interconnection or collaboration agreement with the Authority for approval. Collaboration and interconnection agreements Act No. 24 of 2010 22. (1) A provider of reserved service shall submit the rates and tariffs it intends to charge for service to the Authority for approval. Rates and tariffs (2) The Authority shall approve the rates and tariffs submitted by a licensee under sub-regulation (1) if they are based on the cost of efficient service provision and cover reasonable costs and rate of return and meet the requirements of these Regulations. (3) Rates and tariffs shall not— (a) contain any discount which prejudices, in an anticompetitive manner, the opportunities of other operators in the postal and courier service market; and (b) create any disadvantage for users of postal or courier services of the same type. (4) The Authority shall, in approving the rates and tariffs for postal and courier service, have regard to the cost of compliance with the basic operating conditions in the sector in addition to the costs of postal and courier service provision throughout Zambia. (5) A licensee shall display the approved tariffs in a conspicuous place at the place of business. 390 Safety measures Statutory Instruments 20th May, 2016 23. A licensee shall, in respect of its postal systems, tools, equipment and installations operated, maintained or used by or for the benefit of the licensee, take proper and adequate safety measures to safeguard property and human life. Display of logo 24. A licensee shall have and display its logo on its correspondence, at its business premises and on its transportation used in the provision of postal and courier services. Confidentiality and integrity of postal articles 25. A licensee is responsible for the secrecy of correspondence and the confidentiality and integrity of postal articles conveyed by the licensee. Opening postal articles 26. (1) A licensee shall, at all times, ensure that— (a) a postal article is not opened or tampered with in any manner during conveyance; (b) a postal article is delivered to the intended addressee; and (c) the contents of any opened postal article are only disclosed to the addressee. (2) A licensee may open a postal article— (a) to facilitate the determination of the tax payable on the postal article, upon request made by the Commissioner-General; (b) for verification and control for security purposes by relevant authorised Government officers; (c) where the licensee determines that the postal article is undeliverable and is designated for destruction by the Authority or licensee; and (d) if the postal article is a prohibited article. (3) A licensee shall not intentionally delay the dispatch of, or open, a postal article in the course of its conveyance. (4) Subregulation (2) does not apply to the delay or the opening of a postal article in accordance with— (a) the Act or any other written law; (b) an order under a warrant issued by a court; or (c) the terms and conditions applicable to its conveyance. (5) A licensee who fails to comply with subregulation (1) shall make good any damage or loss that arises due to the failure. 20th May, 2016 Statutory Instruments 391 Postal security and safety Cap. 416 Liability for loss of postal articles 27. A licensee shall— (a) ensure mail integrity and security and prevent loss, damage, theft or pilferage of postal articles in the licensee’s custody and control; and (b) comply with the postal and courier security standards prescribed under the Standards Act. 28. (1) A licensee is responsible for a postal article received for conveyance or delivery by the licensee and shall pay the compensation approved by the Authority to the sender of the article for loss or damage to the postal article or failure or omission to guarantee the safety and integrity of the postal article. (2) A sender and addressee of a postal article is entitled to compensation by a licensee for any loss or damage suffered in respect of the postal article. (3) A licensee is liable for the loss or damage of a postal article which is due to an omission, act, neglect or default of the licensee in the receipt, conveyance, delivery or any other dealing with the postal article. (4) The amount recoverable in relation to a postal article of any description shall not exceed— (a) the market value of the postal article at the time of dispatch; or (b)the maximum amount payable under the licensee’s compensation scheme in respect of that article. (5) Where two possible amounts are recoverable under subregulation (2), the higher amount shall be awarded to the sender, unless otherwise provided in these Regulations. (6) For purposes of claiming damage or loss, it shall be presumed, unless the contrary is shown, that the loss of or damage to the article was due to a wrongful act, neglect or default of the licensee. 29. (1) A licensee shall establish a compensation scheme to compensate its customers for loss of, or damage to, registered postal articles. Compensation scheme (2) Alicensee shall display, in a conspicuous place at its business premises, its policy on liability in relation to postal articles. 392 Complaints against licensees Statutory Instruments 20th May, 2016 30. (1) A licensee shall establish a mechanism by which customers may make complaints concerning the service rendered by the licensee. (2) The complaint handling mechanism referred to in sub- regulation (1) shall make provision for the— (a) notification to consumers of their right to complain about the quality of service or any other matter; (b) complaint format or method of making complaints; and (c) maintenance of a record of consumer complaints. (3) A licensee shall, within thirty days of adoption of its complaint handling mechanism, file it with the Authority for approval. Taxation of postal articles 31. (1) Customs and excise duties are payable in respect of goods contained in postal articles that are brought into or sent out of Zambia by post. Prohibited articles (2) A licensee may perform, for purposes of customs and excise duty, any of the duties of an importer, exporter or person removing the goods. (3) Duties chargeable on imported goods and other charges payable in respect of postal articles may be recovered by a licensee as a civil debt due and owing to the licensee. (4) In any proceedings for the recovery of any charges payable under subregulation (3), a certificate of the licensee concerned, of the amount of the charges, is evidence of that fact. 32. (1) The following articles shall not be conveyed or delivered by postal service: (a) obscene or immoral articles; (b) articles that are prohibited for importation or circulation in the country of destination; (c) articles which, by their nature or packing, may expose an official or the general public to danger, or soil or damage other postal articles or postal equipment; (d) radioactive materials and other dangerous substances; (e) live animals; (f) coins, bank notes, precious stones and other minerals; (g) articles bearing fictitious stamps or counterfeit or unauthorised impressions of a franking machine; or (h) any article for export, import or carriage prohibited under any written law. 20th May, 2016 Statutory Instruments 393 (2) Despite sub-regulation (1), prohibited postal article may be conveyed by post in the manner specified in the Third Schedule. (3) A licensee shall display a list of prohibited articles in a conspicuous place at the place of business. 33. (1) A licensee shall file with the Authority its procedure for the disposal of uncollected or undeliverable postal articles. Undelivered postal articles (2) A postal article shall be retained by the Corporation at the post office of delivery for a maximum period of thirty days after three attempts to deliver to a physical address. (3) An article shall be retained in a post box for a period of thirty days, and if the article remains unclaimed after the thirty day period, it shall be considered undeliverable and sent to the Return Letter Office and disposed of in accordance with the Corporation’s disposal procedure referred to in subregulation (1). PART IV GENERAL PROVISIONS 34. A licensee shall submit to the Authority, in such manner and at such times as the Authority may request, such documents, accounts, financial data, estimates, returns, reports or any other information that the Authority may require for purposes of these Regulations. 35. An annual return shall be made in Form XVI set out in the First Schedule. Provision of information to Authority Annual return 36. The fees prescribed in the Second Schedule are payable Fees for the matters specified in that Schedule. 37. A person who contravenes any provision of these Regulations for which a specific penalty has not been provided commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both. General penalty 394 Statutory Instruments 20th May, 2016 FIRST SCHEDULE (Regulations 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 32 and 35) PRESCRIBED FORMS FORM I (Regulation 4(1)) (To be completed in triplicate) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 APPLICATION FOR POSTAL SERVICES LICENCE Please complete in block letters Shaded fields for official use only Application No. Date and Time Information Required Information Provided (cid:2) PART I PARTICULARS OF APPLICANT 1. 2. 3. 4. 5. 6. 7. (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. Type of business entity Business premises (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province: Type of courier service International and domestic courier operations Domestic courier operations Local courier operations SCOPE OF SERVICE Description of postal service Describe the manner of collection, conveyance and delivery of postal articles Transport arrangements 20th May, 2016 Statutory Instruments 395 8. Area of coverage: Geographical location Spread of postal service 9. 10. 11. Location of premises and facilities Indicate the technical and financial capacity of the applicant to operate and provide the services for which the licence is sought Information indicating the public interest that shall be served by the postal service for which the licence is sought 12. Has the applicant or any of its associates— (a) been adjudged insolvent by a court in Zambia or elsewhere? ……………………………………………………………………………………………………………… …………………………………………………………………………………………………………….… (b) had a liquidator, receiver of property or judicial manager appointed in relation to any of its property? ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… (c) instituted proceedings for its voluntary winding up within the last ten years in Zambia or elsewhere? ……………………………………………………………………………………………………………… …….………………………………………………………………………………………………………… (d) been investigated or subjected to proceedings by any government agency, regulatory authority or professional association within or outside Zambia? ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… (e) been or currently the subject of any litigation in Zambia or elsewhere which may have a material effect on its resources or ability to comply with any provision of the Act? ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… 13. UNDERTAKING (1) (2) I undertake, in providing a courier service for reserved postal services, to — (a) receive, collect and deliver the items referred to in item (a) of subparagraph (1) of paragraph 1 of the First Schedule to the Act; track and trace the whereabouts of any item received or collected for delivery by the person's business undertaking; (b) (c) deliver the items within a definite time, for deliveries across international borders; (d) deliver items within Zambia in compliance with the standards issued by the Authority; and (e) clear items through customs and excise, where applicable. I undertake, in providing a courier service for unreserved postal services, to— (a) receive, collect and deliver the items referred to in item (b) of sub-paragraph (1) of paragraph 1 of the Second Schedule to the Act; and (b) provide the service referred to in the Second Schedule to the Act. ………………………………………………… Name of applicant …………………………………………………… Date ……………………………………….. Signature 396 Statutory Instruments 20th May, 2016 14. DECLARATION I declare that all the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I understand that submission of false information shall render the application void and that if approval is granted, it shall be revoked and the licence revoked. the undersigned Chief Executive Officer and members of the Board of Directors of WE, …………………………………………………………………………………… authorise the Authority and its authorised staff to inquire or obtain any information from any source for the purpose of determining this application. ………………………………………………… Name of applicant ………………………………………………… Date ……………………………………….. Signature 15. ATTACHMENTS 1 A Business Plan demonstrating the commercial viability of the operator and the service for which the licence is sought: (a) market analysis and projections; (b) financial resources and the expected sources of such funding; (c) tariff structure; (d) cash flow projections for three years; and (e) experience in the provision of similar services. 2 Latest annual financial report 3 Commercial agreements with associated companies outside Zambia, for applicants intending to offer an international postal or courier service FOR OFFICIAL USE ONLY Received by: ………………………………………………………… …………………………………….…... Officer (Name and Signature) Date Application fee paid: …………………………………………… Receipt No.: …………………………………… Prepared by: …………………………………………………………………………….……………………….…… Signature: ………………………………………………………...…………………………………………………… Date: …………………………………………………………………………………………………….……………… Recommended by: ………………………………………………………………..…………….…………………… Signature:……………………………………………………………………………………………………………… Date:…………………………………………………………………………………………………………………… Approved by:………………………………………………………………………………………………………… Signature:……………………………………………………………………………………………………………… Date:…………………………………………………………………………………………………………………… Licence Number:………………………………………………………………………………………………………. Remarks: ……………………………………………………………………………………………………………… OFFICIAL STAMP 20th May, 2016 Statutory Instruments 397 FORM II (Regulation 5) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 REQUEST FOR INFORMATION (1) Here insert full names of applicant To (1)………………………………………………………….…………….. Address: ………………………………………………….…....................... ……………………………………………………………………………………………. Reference No.: ……………………………….......................……………... (2) Here insert type of application You are requested to furnish the following information or documents, within ………………………….. days of this notice, in respect of your application for (2)…………………………………………………: (a)………………………………………………………………………. (b)………………………………………………………………………. (c)………………………………………………………………………. (d)……………………………………………………………………… Dated this ………………….. day of ………………………… 20 ………. ……………………………………….………………. Director-General 398 Statutory Instruments 20th May, 2016 FORM III (Regulations 6(2) and 11(5)) (1) Here insert the full names and address of applicant (2) Here insert the reference No. of the application (3) Here insert the type of application The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 NOTICE OF REJECTION OF APPLICATION To (1)……………………………………………………………...………… ................................................................................................................ IN THE MATTER OF (2) …………………....................…………………… You are notified that your application for (3) ……………………................... has been rejected on the following grounds: (a)………………………………………………………………………. (b)………………………………………………………………………. (c)………………………………………………………………………. (d)……………………………………………………………………… Dated this ………………….. day of ………………………… 20 ………. ……………………………………….………………. Director-General 20th May, 2016 Statutory Instruments 399 FORM IV (Regulation 7(1)) (To be completed in triplicate) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 LICENCE FOR POSTAL SERVICE ( ) COURIER SERVICE ( ) Licence No.: …………………………… Name of Licensee…………………………………………………….…………………………. Address …………………………...…………………………………………………………… Type and scope of postal service………………………….…………………………………… …………………………………………..………………………………..…………..……………………………………………… ……………………………………………………………………………..............................… Type and scope of courier service ….………………………………………………………. ……………………………………………………………………………………………………………….. This Licence commences on ……………………………… and is valid until ……………………………………..………………… 20 …………….….. The conditions of the Licence are overleaf. ………………………………………… Director-General _____________________________________________________________________________________ ENDORSEMENT OF LICENCE This licence has, this ………… day of ……………………., 20 ………, been entered in the Register of Licences. …………................………………… Director-General 400 Statutory Instruments 20th May, 2016 FORM V (Regulation 8(2)) (To be completed in triplicate) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 NOTIFICATION OF NON-COMMENCEMENT OF POSTAL SERVICE ( ) COURIER SERVICE ( ) To: The Director-General Name of Licensee/Agent/Subsidiary: ……………………………………………...…………… Licence/Registration No. ………………………………………....…………………………….. Date scheduled to commence business: ………………………………………………………… Type of postal service: …………………………………………………………………………… Type of courier service: …………………………………………………………………………. Reasons for failure to commence business: …………………………….………………………… ……………………………………………………………………………………………………………….. ……………………………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………. Date: …………………………………………… Licensee/Agent/Subsidiary: ………………… Signature:…………………………… Licence/Registration No.:……………………… 20th May, 2016 Statutory Instruments 401 FORM VI (Regulation 9) (1) Here insert the full names of the Licensee/ Agent/ Subsidiary (2) Here insert physical and postal address of the Licensee/ Agent/ Subsidiary (3) Here specify the detail which has changed The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 NOTICE OF CHANGE OF DETAILS LICENCE/REGISTRATION NO.: ……………… To: The Director-General I (1) ……………………………………..………………………………..… of (2) ………………………………………………………………….…….. notify your office that on the ……..…………….…… day of ……………, 20…………..,my (3) ……………….………………………………………… changed as follows: Previous Details Current Details Dated this …………… day of ………………….……………., 20……… …………………………………………… Licensee/Agent/Subsidiary ________________________________________________________________ FOR OFFICIAL USE ONLY Received by: …………………………….. Name of officer ……………………………. Signature Date: ………………………………….., 20 …………. OFFICIAL STAMP 402 Statutory Instruments 20th May, 2016 FORM VII (Regulation 10 (2)) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 Please complete in block letters APPLICATION FOR AMENDMENT OF LICENCE ( ) REGISTRATION ( ) Shaded fields for official use only Licence No. Date and Time Information Required Information Provided (cid:2) PARTICULARS OF APPLICANT 1. (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. Type of business entity 2. 3. Business premises (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province: 4. EXISTING PROPOSED AMENDMENT REASONS FOR AMENDMENT 5. ATTACHMENT Contract of sale or acquisition of business DECLARATION AND SIGNATURE I declare that all the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I understand that submission of false information shall render the application void and that if approval is granted, it shall be revoked and the licence revoked. ……………………………………………………… Name ………………………………………………….. Designation ……………………………………………………….. …………………………………………………… Signature Date FOR OFFICIAL USE ONLY Date of submission: ………………………………………………………………………………………………….… Application Number: …………………………………………………………………………………….…………… Payments Receipt Number: …………………………………………………………………….…….….………….… Application Accepted: …………………………………………………………………….…………..……………… Application Rejected (Notify applicant): ………………….…………………………………………………………… ………………………………………………………………….……………………………………………………… OFFICIAL STAMP 20th May, 2016 Statutory Instruments 403 FORM VIII (Regulation 11(2)) (To be completed in triplicate) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 APPLICATION FOR TRANSFER OF LICENCE Please complete in block letters Shaded fields for official use only Licence No. Date and Time Information Required Information Provided (cid:2) PARTICULARS OF APPLICANT 1. (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. 2. Type of business entity 3. Business premises (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province: 1. (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. 2. Type of business entity 3. Business premises (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: 4. Attachement PARTICULARS OF TRANSFEREE Contract of sale or acquisition of business between the current licensee and the proposed licensee DECLARATION I declare that all the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I understand that submission of false information shall render the application void and that if approval is granted, it shall be revoked and the licence revoked. ……………………………………………………… ………………………………………………………….. Name …………………………………………………….. Signature …………………………………………………………… Designation Date 404 Statutory Instruments 20th May, 2016 FOR OFFICIAL USE ONLY Date of Submission: …………………………………………………………………………………………………….. Application Number: ……………………………………………………………………………………….……….….. Payments Receipt Number: ……………………………………………………………………….…….….…………. Application Accepted: ……………………………………………………………………………..……..…………….. Application Rejected (Notify applicant): ……………………………..……………………………………………… ………………………………………………………………….………………………………………………………… OFFICIAL STAMP 20th May, 2016 Statutory Instruments 405 FORM IX (Regulation 12) (To be completed in triplicate) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 APPLICATION FOR RENEWAL OF LICENCE ( ) REGISTRATION ( ) Please complete in block letters Shaded fields for official use only Licence No. Date and Time Information Provided (cid:2) Information Required 1. (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. 2. Type of business entity 3. Business premises (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province: 4. Have you been convicted of an offence under any law within or outside Zambia? If yes, specify details: Nature of offence: ………………………………………………………………………………… Date of conviction: ……………………………………………………………………………….. Sentence: …………………………………………………………………………………………. 5. State any particulars which have changed since your last licence or registration ……………………………………………………………………………………………………… ………………………………………………………………………………………………………. .……………………………..……………………………………………………………………… DECLARATION I declare that all the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I understand that submission of false information shall render the application void and that if approval is granted, it shall be revoked and the licence or registration cancelled. ………………………………………………… Name of applicant ………………………………………….. Signature …………………………………………………… Date 406 Statutory Instruments 20th May, 2016 FOR OFFICIAL USE ONLY Received by: ………………………………………………… Officer (Name and Signature) …………………………………....... Date Application Fee: ……………………………………… Receipt No.: ………………………………….… Date presented to the Director-General: …………………………………………………………………….. Decision: …………………………………………………………………………………………………….. File No.: …………………………………………………… Remarks: …………………………………………………… …………………………………………………… OFFICIAL STAMP 20th May, 2016 Statutory Instruments 407 FORM X (Regulation 13) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 APPLICATION FOR DUPLICATE LICENCE ( ) REGISTRATION ( ) Shaded fields for official use only Licence No. Date and Time Information Provided (cid:2) Please complete in block letters Information Required 1. (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. 2. Type of business entity 3. Business premises (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province: 4. Attachment Affidavit of loss, destruction or otherwise of original licence Name of applicant (individual or authorised representative): Signature : …………………………………………… Date: ………………………… FOR OFFICIAL USE ONLY Received by: ……………………………………………………… Officer (Name and Signature) ………………………….………... Date Amount Received: ………………………………………………………………. Receipt No.: ……………………………………………………………………… File No.: …………………………………………………………………………. Remarks: …………………………………………………………………………. …………………………………………………………………………. OFFICIAL STAMP 408 Statutory Instruments 20th May, 2016 FORM XI (Regulation 14(1) (a)) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 NOTICE OF INTENTION TO SUSPEND OR CANCEL LICENCE ( ) REGISTRATION ( ) To (1)……………………………..………………………………….......… …………………………………………………………….………………… IN THE MATTER OF (2) ……………………………………………......… you are notified that the Board intends to suspend /cancel your licence/ registration on the following grounds: (a)………………………………………………………………………. (b)………………………………………………………………………. (c)………………………………………………………………………. (d)……………………………………………………………………… Accordingly, you are requested to appear before the Director-General on the ……………. day of …………………………, 20…………………., at (3) ……………………….……………………………………… to address the matters set out in paragraphs ……………………………………… (above) within (4) ………………. days of receiving this notice. Your failure to appear shall result in the cancellation of your licence. Dated this ………………….. day of ………………………… 20 ………. (1) Here insert the full names andaddress of the Licensee/ Agent/ Subsidiary (2) Here insert the Licence/ Registration No. (3) Here state the address of the Director- General (4) Here insert the number of days ……………………………………….………………. Director-General OFFICIAL STAMP 20th May, 2016 Statutory Instruments 409 FORM XII (Regulation 14(1) (b)) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 NOTICE OF SUSPENSION ( ) CANCELLATION ( ) OF LICENCE ( ) REGISTRATION ( ) (1) Here insert the full names and address of the Licensee/ Agent/ Subsidiary (2) Here insert the Licence/ Registration No. To (1)……………………………..………………………………….......… …………………………………………………………….………………… IN THE MATTER OF (2) …………………………………………………. you are notified that your Licence/Registration has been suspended for ……………… days/cancelled on the following grounds: (a)………………………………………………………………………. (b)………………………………………………………………………. (c)………………………………………………………………………. (d)……………………………………………………………………… This Notice shall take effect on the ………. day of ………………………, 20……………., and is subject to the following terms and conditions: Dated this ………………….. day of ………………………… 20 ………. ……………………………………….………………. Director-General OFFICIAL STAMP 410 Statutory Instruments 20th May, 2016 FORM XIII (Regulation 15) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 LICENCE NO.: ………………………… POSTAL AND COURIER SERVICE LICENCE Name of Corporation: .......................................................................................................... …………………………….………………………………………………………………………………… Business Address.................................................................................................................. Type of Service ………………………………………………………………………………….. Issued on the ……………………….. day of ……………………………… 20 ………………… Date of expiry: ……………………………………………………………………………………. This is to certify that the Corporation has complied with the provisions of section 12 of The Postal and Courier Services Act, 2009. ……………………………………….………………. Director-General Date:.................................................... Date:.................................................... 20th May, 2016 Statutory Instruments 411 FORM XIV (Regulation 17) (To be completed in triplicate) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 REGISTRATION NO:…………………… APPLICATION FOR REGISTRATION OF AGENT ( ) SUBSIDIARY ( ) OF THE ZAMBIA POSTAL SERVICES CORPORATION Please complete in block letters Shaded fields for official use only Licence No. Date and Time Information Required Information Provided (cid:2) PARTICULARS OF APPLICANT 1. Parent Company Details: (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. 2. Business premises (Head Quarters): (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province: Subsidiary Company Details: (a) Name of business entity (b) Registration No. (c) Tax Payer Identification No. 4. Business premises (Head Quarters): 3. (a) Physical Address: (b) Postal Address: (c) Telephone No.: (d) Fax No.: (e) Mobile No.: (f) Email address: (g) District: (h) Province 5. Nature of Business (a) General Nature of Business (b) Principal Activity 6. Area of Coverage List retail outlets by District 412 Statutory Instruments 20th May, 2016 DECLARATION I declare that all the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I understand that submission of false information shall render the application void and that if approval is granted, it shall be revoked and the licence revoked. ………………………………………………… Name …………………………..…………………….. Signature ………………………………………….. Designation ………………………………………… Date FOR OFFICIAL USE ONLY Date of Submission: ………………………………………………………………………... ………….. Application Number: ………………………………………………………… …………….……….….. Payments Receipt Number: ……………………………………………………….…….….……….. …. Application Accepted (Proceed for Inspection): ……………………………………………..……….. Application Rejected (Notify applicant on deficiencies: ……………………………………………… ………………………………………………………………….……………………………………… OFFICIAL STAMP 20th May, 2016 Statutory Instruments 413 FORM XV (Regulation 18) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 REGISTRATION NO:…………………… ……………....................................................................................................................….. Name OF Business Entity: …………………………………………………………….……….. ………………………………..……………………………………………………………………………… Business address................................................................................................................... Issued on the ……………………….. day of ……………………………… 20 ………………… Date of expiry: ……………………………………………………………………………………. This is to certify that the person has complied with the provisions of section 12 of the Postal and Courier Services Act, 2009. ……………………………………….………………. Director-General Date:.................................................... Date:.................................................... 414 Statutory Instruments 20th May, 2016 FORM XVI (Regulation 34) The Postal Services Act, 2009 (Act No. 22 of 2009) The Postal Services (General) Regulations, 2016 LICENCE NO.: …………………… ANNUAL RETURN Surname: ........................................................................................................................….. First Name(s) …………………………………………………...………………………………. Name of firm/business: ……………………………………………………….………………… Address...................................................................................................................….......… Given on the …………………..…….. day of …………………………… 20 ………………… Date of expiry: …………………………………………………………………….....…………. This is to certify that the person named on this Certificate has complied with the provisions of section 12 of The Postal and Courier Services Act, 2009 and The Postal and Courier Services Regulations, 2014. ……..………………………................ Chairperson ……………………………………..… Registrar Date: ………………………………… Date: ……………………………………… NOTES: 1. This Certificate is not valid unless it bears the seals of the Courier operators. 2. This Certificate shall be issued to a Postal Courier agent registered under the Act. 20th May, 2016 Statutory Instruments 415 SECOND SCHEDULE (Regulations 3 and 36) PRESCRIBED FEES No. Type of service Duration Application Fee Fee units 1. 2. 3. 4. Public Postal Operator International and domestic courier Domestic courier Local courier 25 years 5 years 5 years 5 years Nil 6,667 6,667 6,667 Initial Fee ZZMK’000 250,000 100,000 50,000 33,333 Annual Fee 2% GAT 2%GAT 2%GAT 2%GAT 416 Statutory Instruments 20th May, 2016 THIRD SCHEDULE (Regulation 32) Qualification for acceptance By insured parcel post but only if sent for medical or scientific purposes to a country which admits such drugs when sent for those purposes By letter post institutions if addressed to officially recognised By domestic service only (a) For transmission by domestic service by registered letter or registered parcel post (b) For transmission by international service by registered letter post or insured letter post or insured parcel post By insured letter post or insured parcel post By registered post By letter post at the letter rate of postage only if sent for medical examination or analysis to recognised medical practitioners or qualified veterinary surgeon Having a flash point of 332 degrees Celsius or above but lower than 65 degrees Celsius; maximum amount one litre Small quantities suitably packed, provided that when made up for the post, radiation measured at the outside surface of a package does not exceed 10 mill roentgen per 24 hours – by letter post at letter rate of postage the To countries which permit by law or regulations, importation of such articles by post, and by registered post if the law or regulations of the country or place of destination so requires If addressed to duly qualified medical practitioners or chemists Description of article Dangerous drugs Live bees, leeches, silk worms, parasites or destroyers of noxious the purpose of insects used for controlling those insects Any postal article enclosed in an envelope with an open panel Paper money not payment solely through post bank crossed for Jewelry and similar valuables Any postal article bearing the word “registered” or any other article is which by these required or be subjected to the provisions of these regulations and is of a monetary value regulations registered to liquids perishable substances, or other Deleterious biological similar substances Flammable liquids Radioactive materials Any article liable to customs duty Advertisements and publications relating to the treatment of general diseases or any preparation for its prevention, care or relief LUSAKA 11th May, 2016 [MCT.104/9/3] K. SIMBAO, Minister of Communication and Transport