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2019 Purolator International, Inc.
Incoterms® 2020 — Revised Rules for International Shipping
Introduction
When the International Chamber of Commerce delineate responsibilities to buyers and sellers Incoterms is shorthand for “International
(ICC) updated its list of international shipping and dictate each party’s obligations throughout Commerce Terms,” and they are developed
terms — commonly referred to as Incoterms the shipping process. and maintained by the International Chamber
— in 2010, the international shipping world of Commerce (ICC), located in Paris, France.
Because of Incoterms, buyers and sellers have
looked vastly different than it does today. The first series of Incoterms, adopted in 1936,
a clear understanding of what constitutes
Global eCommerce, which in 2019 is projected provided a common understanding of specific
“delivery,” for example, and which party is
to exceed $3.53 trillion, was valued at $572 trade terms.
responsible for unloading a vehicle, and who is
billion. Today global digital trade is growing
liable for certain payments. This avoids costly Since then, the terms have undergone seven
faster than goods trade or foreign direct
mistakes and misunderstandings. separate updates, with the most recent changes
investment, with more than half of the world's
set to take effect January 1, 2020. After that, the
population now using the internet, according to
next update is scheduled for 2030.
the Congressional Research Service. Overall, the
global retail market in 2010 totaled $14 trillion. "Simply put, Incoterms are hugely important
In 2019, that figure is $25 trillion. for anyone selling or moving goods abroad,"
explained Deepesh Patel, editor of Trade Finance
Clearly, change happens quickly in today’s
Global. "So, whether you're an importer or
global marketplace, so when the ICC
exporter, freight forwarding company, trade
announced its Incoterms® 2020 update,
financier, credit insurer, or law firm, it's likely
the changes were intended to reflect the
that you use Incoterms to govern trade."
current world order. According to analysis by
Trade Finance Global, a marketing partner of
The Paris-based International
As much as Incoterms clarify and simplify the
the ICC United Kingdom, the revised Incoterms Chamber of Commerce has shipping process, choosing the correct term
reflect today's complex global supply chains, maintained the globally is critically important. Each Incoterm carries
the importance of eCommerce, and the
evolution of digital commerce.
recognized list of Incoterms specific implications for transportation and
delivery, unloading, customs liability, risk, and
since 1936. cost, among other things. Failure to assign the
But what exactly is an Incoterm?
correct code could result in significant clearance
Essentially, Incoterms set “the rules of the road” delays, added costs, and prolonged disputes.
for international commerce and ensure that
businesses all over the world abide by the same
definitions and processes. Incoterms carefully
Introduction ©
2019 Purolator International, Inc. 2
Incoterms® 2020 — Revised Rules for International Shipping
Introduction ©
2019 Purolator International, Inc. 3
Incoterms® 2020 — Revised Rules for International Shipping
X CPT: Carriage Paid To insurance to cover against the buyer’s risk conveyance, at the named place. Risk
of loss of or damage to the goods during transfers from the seller to the buyer when
This Incoterm goes into more detail than FCA
the carriage. the goods have been unloaded, and the
and specifies that the seller bears the costs
buyer has responsibility for import clearance
for transporting the goods to the location Effective January 1, 2020, the terms of the
and any applicable taxes and duties.
requested by the buyer. CPT is common CIP Incoterm require the seller to purchase
for large importers who have their own the level of insurance outlined in Clause X DAP: Delivered at Place
port agents that can manage the delivery A of Institute Cargo Clauses. This ensures
DAP is regarded as an extension of DPU
of goods upon arrival in their country. Risk protection against fire, explosion, breakage,
with the critical distinction that, under DAP,
passes from the seller to the buyer when theft, washing overboard, the vessel sinking,
the buyer is responsible for unloading
the goods are delivered to the carrier (e.g., and jettison. According to the Mantissa
the goods. According to analysis from
loaded onto the ship at the port of the training provider, this is regarded as a
Investopedia, "Delivered at Place" simply
seller's country). high level of insurance, although parties
means that the seller takes on all the
"may choose to specify a different level
The buyer is then responsible for risks and costs of delivering goods to an
of insurance to cover within their
everything else: agreed-upon location. This means the seller
commercial agreement."
is responsible for everything, including
− Insuring the goods as they are The seller's risk ends when the goods packaging, documentation, export approval,
being shipped have been placed on the ship at the origin loading charges, and ultimate delivery.
− Unloading the goods at the buyer's destination. The buyer can pay for additional
port or terminal insurance during carriage of the goods. "The buyer, in turn, takes over risk and
responsibility as of the unloading of the
− Transporting the goods to the X DPU: Delivered at Place Unloaded goods and clearing them for import."
end warehouse
The DPU Incoterm is a 2020 change and
X DDP: Delivered Duty Paid
X CIP: Carriage and Insurance Paid To replaces the previous "Delivered at Terminal"
term. This name change was made to clarify DDP is the only Incoterm in which the seller
The seller delivers the goods to the carrier
that delivery occurs at the destination, which assumes responsibility for the import and
or another person nominated by the seller
may be at a location other than a "terminal." export clearance process.
at an agreed place. The seller must contract
for and pay the costs of carriage necessary Under DPU, the seller is responsible for
to bring the goods to the named place of arranging carriage and for delivering
destination. The seller also contracts for the goods, unloaded from the arriving
The seller bears all the costs and risks that point, risk transfers to the buyer, and Effective January 1, 2020, the terms of the
involved in bringing the goods to the place the buyer assumes responsibility for loading CIF Incoterm require the seller to purchase
of destination and has an obligation to the goods and all costs thereafter. the level of insurance outlined in Clause
clear the goods not only for export but C of Institute Cargo Clauses. This ensures
X FOB: Free on Board
also for import, to pay any duty for both protection against fire, explosion, the
export and import, and to carry out all This means that the seller delivers the goods vessel sinking, and jettison. According to
customs formalities. on board the vessel identified by the buyer the Mantissa training provider, this level
at the named port of shipment. The risk of insurance is regarded as "minimal."
According to guidance from the ICC, DDP is
of loss or damage to the goods passes
"suitable for domestic sales, but extreme The risk of loss of or damage to the
when the goods are on board the vessel,
care should be exercised for international goods passes when the goods are on
and the buyer bears all costs from that
sales…." This is because a buyer essentially board the vessel.
point onwards.
entrusts the customs clearance process to
the seller, which can be a tremendous leap X CFR: Cost and Freight
of faith in the seller's ability to successfully
navigate the customs process of the country CFR means that the seller has responsibility
to which the goods are being imported. for arranging and paying for delivery of
In choosing the DDP terms of services, it's goods to an agreed port. The seller delivers
essential for a seller to have full confidence the goods, cleared for export, loaded on
in its logistics provider's customs clearance board the vessel.
expertise and capabilities. The risk of loss or damage to the goods
passes when the goods are on board
Group Two: Incoterms that apply to sea and the vessel.
inland waterway transport only:
X CIF: Cost, Insurance, and Freight
X FAS: Free Alongside Ship
This means that the seller has responsibility
According to Investopedia, FAS refers to for arranging and paying for transportation
situations in which the seller must "arrange to the named port of destination. The seller
for the goods to be delivered next to a also contracts for insurance to cover against
particular vessel in a particular port in order the buyer’s risk of loss of or damage to the
to be ready for transfer to a waiting ship." At goods during the carriage.
Delivery to
Buyer Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller
Port/Place
Export Duty,
Taxes,
Buyer Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller
& Security
Clearance
Origin
Terminal Buyer Buyer Seller Seller Seller Seller Seller Seller Seller Seller Seller
Charges
Loading on
Buyer Buyer Buyer Seller Seller Seller Seller Seller Seller Seller Seller
Carriage
Carriage
Buyer Buyer Buyer Buyer Seller Seller Seller Seller Seller Seller Seller
Charges
Insurance Seller Seller
Destination
Terminal Buyer Buyer Buyer Buyer Buyer Buyer Seller Seller Seller Seller
Charges
Delivery to
Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Seller
Destination
Import Duty,
Taxes,
Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Seller
& Security
Clearance
Source: Adapted from information provided by Shipping Solutions®
Another option for a U.S./Canada transaction is Ultimately, a business will need to weigh the
the Ex Works (EXW) Incoterm, which places the pros and cons and determine its own best
bulk of responsibility for the entire transaction course. But the option does exist, especially with
on the buyer/importer. While many businesses regard to Canada-bound shipments, to facilitate
may wish to retain control over their shipments, the process by entrusting customs and delivery
that control also includes responsibility for to an experienced logistics provider.
customs compliance.
Canada-bound shipments
eCommerce
may benefit from the The choice, then, really comes down to “duty
paid or duty unpaid.” Does it make more sense
convenience of having the for a U.S. business to prepay its customers'
X According to the U.S. International Trade
Administration, an eCommerce retailer's
seller manage the customs customs fees and transaction costs at time choice of Incoterm may be affected by
process but only if the process of purchase, or is it preferable to have the whether its export sales are primarily
is entrusted to an experienced customer pay those costs at time of delivery? business-to-business (B2B) or business-
Also, under what circumstances is it preferable to-consumer (B2C).
logistics provider. for a U.S. business’s Canadian customer to
oversee the importation process as opposed to X For B2B sellers, the following Incoterms
having the U.S. business bear responsibility? are recommended:
The ICC strongly warns against using the DDP − EXW (Ex Works)
Incoterm for international shipments, mainly − CPT (Carriage Paid To)
because of the risk of entrusting the seller
− CIF (Cost, Insurance, and Freight)
with the customs process. In many instances,
this can indeed be a risky proposition. But for X B2C online retailers are advised to use:
shipments to Canada, a country with which the
− CPT (Carriage Paid To)
U.S. enjoys a high level of customs cooperation,
the risk may not be as dire. Instead, it is possible − CIF (Cost, Insurance, and Freight)
to enlist a highly experienced logistics provider − DDP (Delivered Duty Paid) However,
with vast experience both in implementing the the buyer must have a high degree
terms of the DDP Incoterm and in clearing goods of confidence in the seller's ability to
through the Canada Border Services Agency's manage the customs process.
importation process.
X In each instance, the buyer is responsible X Scarborough suggests that CIF (Cost,
for paying for transportation and assumes Insurance, and Freight) and CFR (Cost and
most of the responsibility throughout the Freight) are the most widely used for these
transaction. "That way, they have control," purposes. Under each term, the seller
Alyson Schroer, Scarborough corporate pays for transport and allows the buyer to
operations manager, explained in a recent manage the customs process.
webinar. "If they need to stop a container at
the port of New York and transload it and
truck it in as a way to prevent a line from
going down, these choices allow the ability
to do that." On the other hand, Schroer
noted, if a shipment is traveling via DAP, for
example, they may not have the "power" to
make changes to the transport.
Conclusion
In an August 2019 podcast, Professor Charles autonomous vehicles. The ICC's Emily O'Connor
DeBattista of the International Chamber of suggests that Incoterms® 2030 may well include
Commerce was asked: "If a goods trader doesn't provisions for the delivery of goods to outer
use Incoterms, what would happen?" His answer space. "Free on Moon," she says, may not be
was very brief: "You need lawyers." that far-fetched.
He went on to explain that a likely outcome would Note: The Incoterms® Rules are protected by the
be insurance contracts that don't reflect actual copyright owned by ICC. Further information on
sales contracts, letters of credit that don't align, the Incoterm® Rules may be obtained from the ICC
and various gaps in understanding between website. Incoterms® and the Incoterms® logo are
parties. "The likelihood is that if there was a trademarks of ICC. Use of these trademarks does
dispute, if the market moves against you, if your not imply association with, or approval of our
buyer loses interest, then there's likely to be a sponsorship by ICC.
disconnect. And then of course, everyone reaches
for their lawyers. All of this could be avoided at
the start by using Incoterms."
Conclusion ©
2019 Purolator International, Inc. 13
Incoterms® 2020 — Revised Rules for International Shipping
©
2019 Purolator International, Inc. 14
Incoterms® 2020 — Revised Rules for International Shipping
References
"7 Key changes to Incoterms® 2020," Trade Finance Global, Payiataki, Vassia; Meads, Andrew; Swinburn, Richard G.;
accessed November 8, 2019. Farrell, Elizabeth; Skeet, Paul; and Tajbakhsh, Nazanin,
"Incoterms® 2020 — What you need to know," ReedSmith,
Barone, Adam, "Delivered-at-Place (DAP)," Investopedia,
accessed November 8, 2019.
May 26, 2019.
"Question/Answer Forum: Incoterms® 2010,"
Fefer, Rachel; Akhtar, Shayerah; and Morrison, Wayne,
Scarborough, accessed November 11, 2019.
"Digital Trade and U.S. Trade Policy," Congressional
Research Service, June 6, 2017. Rao, Leena, "J.P. Morgan: Global ECommerce Revenue
to Grow 19 Percent in 2011 to $680B," Techcrunch.com,
"Freight Insurance," IncotermsExplained.com, Mantissa
January 3, 2011.
eLearning, September 12, 2019.
"Retail Industry Global Report — 2010," IMAP Retail
Gallant, Paul, "How to Ship on the Right Terms," Canadian
Report, 2011.
Business, May 9, 2014.
References ©
2019 Purolator International, Inc. 15