In the realm of international trade, clear communication is essential to ensure smooth transactions and minimize misunderstandings between buyers and sellers from different countries. To facilitate this, the International Chamber of Commerce (ICC) introduced the International Commercial Terms, commonly known as INCOTERMS. The latest version, INCOTERM 2020, provides a standardized set of rules that define the responsibilities and risks of both parties in a global trade transaction.
What are INCOTERMS?
INCOTERMS are a set of internationally recognized trade terms that outline the obligations, costs, and risks associated with the transportation and delivery of goods. They cover various aspects of a transaction, including the point at which risk transfers from the seller to the buyer, the division of costs between the parties, and the responsibilities for customs clearance and transportation.
Key Changes in INCOTERM 2020:
INCOTERM 2020 introduced several changes and clarifications to enhance understanding and address modern challenges in international trade:
- Transport Security: Security-related costs and responsibilities have been addressed more explicitly in INCOTERM 2020. For example, new security-related obligations have been added to ensure compliance with international regulations.
- Insurance Coverage: The rules for insurance coverage have been revised, emphasizing that the parties should clearly define their responsibilities for insurance coverage during the transit of goods.
- Arrival vs. Delivery: The distinction between the terms “arrival” and “delivery” has been clarified. This helps prevent confusion regarding the point at which the risk shifts from the seller to the buyer.
- FCA (Free Carrier) Rule: The FCA rule has been modified to allow the buyer and seller to agree that the buyer will instruct its own carrier to issue a transport document, such as a bill of lading, to the seller.
The complete list of the terms used in INCOTERM 2020:
EXW – Ex Works: The seller makes the goods available at their premises. The buyer is responsible for all transportation, risks, and costs from this point onwards.
FCA – Free Carrier: The seller delivers the goods to a carrier or another party named by the buyer at a specified place. The risk transfers to the buyer when the goods are handed over to the carrier.
FAS – Free Alongside Ship: The seller places the goods alongside the vessel at a named port of shipment. The risk transfers to the buyer when the goods are alongside the ship.
FOB – Free on Board: The seller delivers the goods on board the vessel at the named port of shipment. The risk transfers to the buyer when the goods are on board the vessel.
CFR – Cost and Freight: The seller delivers the goods on board the vessel and pays for the transportation to the named port of destination. The risk transfers to the buyer when the goods are on board the vessel.
CIF – Cost, Insurance, and Freight: Similar to CFR, but the seller also pays for insurance coverage for the goods during transportation. The risk transfers to the buyer when the goods are on board the vessel.
CPT – Carriage Paid To: The seller delivers the goods to a carrier or another party named by the seller at a specified place. The seller is responsible for transportation costs to the named place, and the risk transfers to the buyer at that point.
CIP – Carriage and Insurance Paid To: Similar to CPT, but the seller also pays for insurance coverage for the goods during transportation. The risk transfers to the buyer at the named place.
DAP – Delivered at Place: The seller delivers the goods to the buyer at a named place, not cleared for import, and not unloaded from the arriving means of transport. The seller bears all risks and costs until the goods are ready for unloading.
DPU – Delivered at Place Unloaded: The seller delivers the goods to the buyer at a named place, ready for unloading. The seller is responsible for all risks and costs until delivery.
DDP – Delivered Duty Paid: The seller delivers the goods to the buyer, cleared for import, and all applicable taxes and duties paid. The seller bears all risks and costs until delivery.
Decoding INCOTERM 2020 is pivotal for businesses steeped in global trade. These terms stand as the common linguistic bridge enabling buyers and sellers to articulate their respective obligations, risks, and costs. Adhering to INCOTERM 2020 with precision orchestrates a symphony of minimized disputes, amplified efficiency, and triumphant international transactions. However, bespoke tailoring of the chosen INCOTERM to the particulars of each transaction remains paramount, with recourse to legal or trade luminaries as the situation dictates.