all about incoterms latest revision
DESCRIPTION
An in-depth presentation about International Commercial Terms that helps you understand this trade standard with the aid of intuitive pictures, charts and graphical interpretations.TRANSCRIPT
INCOTERMS
Guta Mihai Alexandru Gaspar George Dan Ghergu Andrei Catalin
in using
Trends
What does INCOTERM stand for ?
‣ Def : The word INCOTERM is an abbreviation for International
Commercial Terms which provide a common set of rules used for defining the responsibilities of sellers and buyers in the delivery of goods under sales contracts.
‣ They are widely used in international commercial transactions.
Are they
important ?
For sure !
but...
Why is that ?
‣ Set international rules for commonly used terms in foreign trade
‣ Define obligations of both parties involved in the transaction
‣ Determine the distribution & transfer of risks regarding the goods delivered from seller to buyer
‣ State the clear sharing of expenses between the parties during transport
Because they :
So...
When and where did they appear ?
‣ First conceived by International Chamber of Commerce (ICC) in 1921 and implemented starting from 1936, since they have been updated 6 times in order to keep pace with the evolution of international trade.
‣ In 1923, a Trade Terms Committee developed the first 6 rules : FOB, FAS, FOT, FOR, Free Delivered CIF and C&F, as the precursor for what would later be known as INCOTERM rules.
Revising the INCOTERMS
‣ In order to keep up with the continuous evolution of commercial practices, types of goods and transport and international law, INCOTERMS need to be regularly updated by specialised experts.
‣ Some significant revisions :
1980 -‐ FCA was introduced, for dealing with cases where the reception point was no longer the ship's rail, but a point on land where goods were stored in a container
followed by...
‣ 1990 -‐ the seller was permitted to provide the proof of delivery electronically by EDI-‐messages instead of paper documentation
‣ 2000 -‐ export clearance and other formalities under FAS are placed on the seller (previously buyer)
-‐ in FCA, it became the seller's obligation to load the goods on the buyer's vehicle or the buyer's obligation to receive the seller's arriving vehicle unloaded
Updating INCOTERMS every 10 years -
The answer is Yes -‐ because of the rapid expansion of world trade and the continuous changes in international market's structure, the same rules cannot be applied effectively in any circumstances without considering the new factors and influences that might occur.
The most recent key drivers include :
‣ a need for improved cargo security
‣ changes in the Uniform Commercial Code in 2004 resulting in a deletion of US shipment and delivery terms
‣ new trends in global transportation
...is it necessary ?
General all types of transport
• EXW • FCA • CPT • CIP
!!
• FAS • FOB • CFR • CIF
INCOTERMS 2010 - latest revision
What is new ? Entered into force 1st January 2011, containing the following amendments:
‣ reduction from 13 to 11 terms by replacing 4 delivery terms : DEQ, DAF, DES, DDU with 2 new ones : DAT(Delivery at Terminal) and DAP(Delivery at Place)
‣ terms grouped in 2 categories, according to the means of transport used :
Special sea & inland waterway
• DAT • DAP • DDP
More changes...
‣ transfer of risks 'on board' in INCOTERMS FOB, CFR, CIF while in previous INCOTERMS 2000, the risk passed when the goods were off 'the ship's rail'
‣ goods in containers can be delivered only using Incoterms for any mode of transport but not sea Incoterms
‣ security related information must be provided by the seller who has the obligation to assist the buyer concerning the safety of goods, all costs being borne, however by the buyer.
How INCOTERMS evolved
1936 EXW
FOR
FAS
FOB
CFR
CIF
EXQ
EXS
2000EXW CIP
FCA DAF
FOB DES
CFR DEQ
CIF DDU
CPT DDP
2010EXW CIP
FCA DAP
FAS DAT
FOB DDP
CFR
CIF
CPT
Beginning PresentR e v i s i n g
I Rules for any mode of transport
EXW (Ex Works)
‣ delivers goods at his own premises (factory/warehouse)
‣ minimal obligations, risks &costs
‣ responsible for loading goods onto carrier and all other transport cost, duties and insurance
‣ clearance of goods for export
‣ bears the whole risk on his own
Seller Buyer
minimal costs & risks for exporter
lowest service offered loss of competitiveness
FCA (Free Carrier)
‣ completes and bears costs of export clearance and obtaining necessary documents
‣ delivers goods at agreed place to carrier
‣ liable for the load if delivery is made on his premises
‣ import clearance formalities
‣ responsible for unload if delivery occurs in a facility or transport infrastructure
Seller Buyer
flexible, various delivery points
any type of cargo and different payment methods
best suited for goods transported in containers
CPT (Carriage Paid To)
‣ contracts and pays transport to the buyer's country delivery place
‣ completes formalities and bears export customs clearance costs
‣ risk of transport is transferred when the goods are delivered to the first carrier in the seller's country
‣ supports transport costs starting from the moment goods have reached the place of delivery in his country
‣ import clearance costs and formalities
‣ supports the transport risk since the goods have been delivered to 1st carrier and the insurance for international transport
Seller Buyer
CIP (Carriage and Insurance Paid To)
‣ bears the same costs and obligations as in case of CPT
+ the obligation of hiring insurance to cover the buyer's risk during international transport
‣ contracts the insurance and pays the premium
‣ beneficiary of the insurance paid by the seller
‣ must take into account that the buyer is obliged only to a minimum coverage insurance
‣ he needs to agree with the seller to hire additional insurance if he wants a larger coverage
Seller Buyer
DAT (Delivery at Terminal)
‣ delivers goods unloaded at a port terminal or another place of destination in the buyer's country
‣ complete the formalities and bear costs of customs clearance for export
‣ transport risk passes to the buyer at the time of delivery to destination country
‣ import customs clearance and tariffs paid
‣ clearly mention the specific point chosen for delivery
Seller Buyer
DAP (Delivery at Place)
‣ delivers goods ready for unloading in the country of destination, in a place other than a transport terminal, such as the buyer's premises or a place nearby
‣ risk is transferred to buyer in the same place where goods are delivered
‣ complete formalities and bear export clearance costs
‣ pays the costs of import clearance customs
Seller Buyer
useful for sales between countries of same economic area (EU) as there are no import customs
DDP (Delivery Duty Paid)
‣ delivers goods ready for unloading in the country of destination, usually at buyer's premises
‣ all costs and risks borne by seller
‣ customs clearance of export and import also covered by seller
‣ any import tax, including VAT are paid by the seller
‣ only cost he assumes is the unloading of goods at delivery place
‣ if the parties agree in the contract of sale, the VAT or other taxes can be paid by the buyer, in what is known as a variant of DDP, called 'DDP VAT unpaid'
Seller Buyer
II Special INCOTERMS for sea transport
FAS (Free Alongside Ship)
‣ delivers the goods placing them alongside the ship chosen by the buyer
‣ export clearance must be covered by the seller
‣ responsible for loading the goods on the ship
‣ must have very good knowledge of the practices in the port of shipment
Seller Buyer
only used for certain commodities and materials that are not packed and cannot be individualised (grain, timber, minerals, etc.)
delivery is done in ports with specialised terminals
FOB (Free on Board)
‣ delivers goods by placing them on board of the ship named by the buyer
‣ covers the terminal costs and export clearance
‣ assumes the transportation risk after the goods have been delivered on board of the ship
Seller Buyer
oldest Incoterm and one of the most widely used
preferably used with bulk, heavy loads and in case of complex goods (machinery) whose loading involves certain risks
CFR (Cost and Freight)
‣ delivers the goods on board of a ship but he also pays the cost of freight to the destination point
‣ covers terminal cost and export clearance
‣ the risk is transferred to the buyer after the goods had reached the board of the ship
‣ must hire an insurance for transport from the port of shipment to the destination, as the seller is not obliged to do this
Seller Buyer
used mainly for large volumes of general cargo
CIF (Cost, Insurance and Freight)
‣ same obligations that CFR implies
+ seller is obliged to hire insurance for transport covering at least the way from the port of shipping to the port of destination
‣ insurance shall cover the price of the contract + 10%
‣ he might want to hire additional insurance, as the seller is only obliged to purchase a minimum coverage insurance
Seller Buyer
used for general cargo of consumer or industrial products of high value CIF value is used in most of the customs to apply tariffs and import
taxes, facilitating the clearance of goods for export
After so many types of terms...
Here is a simple diagram summarising the extent of costs & risks covered by each of the 11 INCOTERMS that have just been presented :
And a more detailed Bar Chart :
Using INCOTERMS correctly
Following the three letters of the appropriate chose term with the exact destination place to which the delivery of goods is to be made, and afterwards the expression 'Incoterms 2010'
by...
Such as : FCA Port of New Orleans, USA, Incoterms 2010Or
CIP Tianjin airport, China, Incoterms 2010
will certainly...
Benefit all the parties involved
INCOTERMS have become an essential framework in daily language of
trade, providing clear rules and guidance to importers, exporters, lawyers,
forwarders, insurers, carriers and mainly e ve r y b o dy
taking part in international trade transactions.
as
leading to :
However, if used incorrectly
Your contract may be ambiguous, lacking some important details or even impossible to perform, causing lots of misunderstandings and prejudices
which can turn into...
and eventually cause. . .
Undesirable effects
such as
or
So...
As Eric Ambler stated
' International business may conduct its operations with scraps of paper, but the ink it uses is human blood '
thus in order to practice commercial trade in a successful and profitable manner, you need a deep understanding of all factors involved as well as a careful fulfilment of the required procedures for defining and avoiding / minimising unnecessary risks, obligations or costs
And that is where ...
INCOTERMS have proven their
essentially useful part in daily
l a n g u a g e o f t r a d e