Incoerm 2020
Incoerm 2020
Presented by:
Md. Abu Yousuf Khan,
CDCS, CAMS,CERM.
SPO & Faculty, RBTA.
Cost
Risk
Obligation
Online Order
Different Stages of Foreign Trade Activities
•Export Packaging •Origin Terminal Charges •Import Duty, Taxes and Custom
•Loading Charges •Loading on Carriage Clearance
•Delivery to Port/Place •Carriage Charges •Delivery to Destination
•Export Duty, Taxes and Custom •Insurance •Unloading to Destination
Clearance •Destination Terminal Charges
IN INTERNATIONAL
CO COMMERCIAL
TERMS TERMS
The Incoterms or International Commercial
Terms are a series of pre-defined commercial terms
published by the International Chamber of
Commerce (ICC) relating to international
commercial law.
The Incoterms rules explain a set of eleven of the
most commonly-used three-letter trade terms, e.g.
CIF, DAP, etc., reflecting business-to-business
practice in contracts for the sale and purchase of
goods.
Widely used in international commercial transactions
Amended every 10 years
Trade Term
Why are Incoterms needed?
CFR
C F R
D D P DDP
EXW ǀ FCA ǀ FAS ǀ FOB ǀ CFR ǀ CIF ǀ CPT ǀ CIP ǀ DAP ǀ DPU ǀ DDP
What the Incoterms Rules Do
Rules for any Modes of Rules for Sea and Inland Waterway
Transport Transport
E Term : EXW ǀ Ex Works
Why 11 Incoterms?
Types of Incoterms® 2020
‘C’ Terms : CPT, CIP, CFR, CIF – Seller must bear costs even after the delivery to
carrier where risk transfers. Main Carriage Paid
‘D’ Terms : DAP, DPU, DDP – Goods must arrive at a stated destination in the
country of import. Maximum obligation for the seller. Destination Term
(Import Country)
Proforma Invoice
“Ex Works” means that the seller delivers when it
places the goods at the disposal of the buyer at the
EXW ǀ Ex Works seller’s premises or at another named place (i.e works,
(insert named place of delivery)
factory, warehouse etc).
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
EXW Negotiable
Exporters Importers
Responsibilities • Minimum responsibility for seller Responsibilities
• Maximum responsibility for buyer
• Can be used across all modes of transport
“Free Carrier” means that the seller delivers the goods to the buyer
in one or other of two ways.
First, when the named place is the seller’s premises, the goods are
FCA ǀ Free Carrier delivered when they are loaded on the means of transport arranged
(insert named place of delivery) by the buyer.
Second, when the named place is another place, the goods are
delivered when, having been loaded on the seller’s means of
transport, they reach the named other place and are ready for
unloading from that seller’s means of transport and
at the disposal of the carrier or of another person nominated by the
buyer.
In the place of delivery risks & cost transfers to buyer’s account
FCA ǀ Free Carrier
(insert named place of delivery)
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
FCA Negotiable
Free Carrier (FCA) has been revised for Incoterms ® 2020 to cater to a
situation where goods are sold FCA for carriage by sea and buyer or
seller (or either party’s bank) requests a bill of lading with an on-board
notation. FCA in article A6/B6 now provides for the parties to agree
that the buyer will instruct the carrier to issue an on-board bill of lading
to the seller once the goods have been loaded on board, and for the
seller then to tender the document to buyer (often through the banks).
Example
“Free Alongside Ship” means that the seller
FAS ǀ Free Alongside Ship delivers the goods to the buyer when the goods
(Insert named port of shipment) are placed alongside the ship(e.g on a quay or
a barge) nominated by the buyer at the named
port of shipment.
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
FAS Negotiable
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
FOB Negotiable
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
CFR Negotiable
In CFR, two ports are important here: •Exporter needs to clear the goods for export
The port where the goods are delivered on board the vessel and • The risk of loss or damage to the goods occurring after
The port agreed as the destination of goods. the delivery has been made to the carrier is transferred
from the seller to the buyer
• Only used in sea or inland waterway transport
“Cost, Insurance and Freight” means that the seller delivers the
CIF ǀ Cost, Insurance & goods to the buyer on board the vessel or procures the goods
Freight already so delivered.
(Insert named port of destination)
The risk of loss of or damage to the goods transfers when the goods
are on board the vessel.
The seller must contract for and pay the costs and freight necessary
to bring the goods to the named port of destination.
The seller must also contracts for insurance cover against the buyer’s
risk of loss of or damage to the goods from the port of shipment to at
least the port of destination.
CIF ǀ Cost, Insurance & Freight
(Insert named port of destination)
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
CIF
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
CPT Negotiable
Two locations are important here: •Exporter needs to clear the goods for export
1. The place or point (If any) at which goods are • Identifying the place or point of delivery with
delivered (for the transfer of risk) and precision
2. The place or point agreed as the destination of • The risk of loss or damage to the goods occurring
the goods( at the point to which the seller after the delivery has been made to the carrier is
premises to contract for carriage). transferred from the seller to the buyer
• Can be used across all modes of transport
Example: First Carrier
“Carriage & Insurance Paid to” means that the seller delivers
the goods- and transfers the risk- to the buyer by handing
CIP ǀ Carriage & Insurance them over to the carrier contracted by the seller or by
Paid to procuring the goods so delivered.
(Insert named place of destination)
The seller may do so by giving the carrier physical possession
of the goods in the manner and at the place appropriate to the
means of transport used.
The seller must contract for and pay the costs of carriage
necessary to bring the goods to the named place of destination.
The seller must also contracts for insurance cover against the
buyer’s risk of loss of or damage to the goods from the point
of delivery to at least the point of destination.
CIP ǀ Carriage & Insurance Paid to
(Insert named place of destination)
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
CIP
The seller bears all risks involved in bringing the goods to the
named place of destination or the agreed point within that
place.
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
DAP Negotiable
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
DPU Negotiable
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
DDP Negotiable
•Exporter needs to clear the goods both for export & Import
• Importer needs to unload the goods at destination
•Identifying the place or point of delivery/destination precisely
• Risk of loss in import clearance
• if the seller is unable to obtain import clearance and would rather leave that side of
things in the buyer’s hands in the country of import, then the seller should consider
choosing DAP or DPU.
• Maximum responsibility of exporter
• Can be used across all modes of transport
Incoterm Export Loading Delivery to Export Origin Loading on Carriage Insurance Destination Import Delivery to Unloading to
2020 Packaging Charges Port/Place duty, Terminal Carriage Charges Terminal duty, Destination Destination
Custom Charges Charges Custom
Clearance Clearance
EXW Negotiable
FCA Negotiable
FAS Negotiable
FOB Negotiable
CFR Negotiable
CIF
CPT Negotiable
CIP
DAP Negotiable
DPU Negotiable
DDP Negotiable
Exporters Importers
Responsibilities Responsibilities
How Best to Incorporate the Incoterms Rules
If parties want the Incoterms 2020 rules to apply to their contract, the safest way to ensure this
is to make that intention clear in their contract, through words such as
For example,
CIF Shanghai Incoterms 2020, or
DAP No 123, ABC Street, Importland Incoterms 2020
FCA, CIP
Rules for the Contract of Sale and their Relationship
to other Contracts
Differences between Incoterms 2010 and
Incotems 2020
INCOTERMS 2010 INCOTERMS 2020
EXW EX WORKS EXW EX WORKS
a) Bills of Lading with an on-board notation and the FCA Incoterms ® rule
b) Costs, where they are listed
c) Different levels of insurance cover in CIF and CIP
d) Arranging for carriage with seller’s or buyer’s own means of transport in
FCA, DAP, DPU and DDP
e) Change in the three-letter initials for DAT to DPU
f) Inclusion of security-related requirements within carriage obligations and
costs
g) Explanatory Notes for Users
Bills of Lading with an on-board notation and the FCA Incoterms ® rule
Free Carrier (FCA) has been revised for Incoterms ® 2020 to cater to a situation
where goods are sold FCA for carriage by sea and buyer or seller (or either party’s Key
bank) requests a bill of lading with an on-board notation. FCA in article A6/B6 now Changes in
provides for the parties to agree that the buyer will instruct the carrier to issue an on- Incoterms®
board bill of lading to the seller once the goods have been loaded on board, and for 2020
the seller then to tender the document to buyer (often through the banks).
Key
DAT DPU Changes in
Delivered at Terminal
Delivered at Place Unloaded Incoterms®
2020
The Incoterm Rules 2020 provide for different levels of insurance coverage in the Cost Key
Insurance and Freight (CIF) rule and Carriage Insurance and Paid To (CIP) rule. Changes in
Incoterms®
2020
Under the CIF Incoterm rule, which is reserved for use in maritime trade and is often used in
commodity trading, the Institute Cargo Clause (C) remains the default level of coverage, giving
parties the option to agree to a higher level of insurance cover. Taking into account feedback
from global users, the CIP Incoterm rule now requires a higher level of cover, complaint with the
Institute of Cargo Clause (A) or similar clauses.
Arranging for carriage with seller’s or buyer’s own means of transport in FCA,
DAP, DPU and DDP
Incoterms ® 2020 recognizes that not all commercial trade transactions from the seller to the
buyer are conducted by third party carrier. In some cases, transactions are conducted without
a third party carrier at all, such as a seller using its own means of transportation or a buyer
using its own vehicle to collect goods.
Inclusion of security-related requirements within carriage obligations and costs
Incoterms® 2020 also incorporates expanded explanatory notes for users at the start of each
Incoterms ® rule. These explanatory notes assist users with accurately interpreting the latest
edition of the Incoterms rules to avoid costly misinterpretations or misapplications.
Differences between Incoterms 2010 and
Incotems 2020 Key
Changes in
Incoterms®
2020
Import using Incoterms- as per Import Policy Order
Goods can be imported through water, land and airways on the basis of defined Incoterms :
Provided that in case of import on FOB basis, the concerned importer shall have to properly
comply with the Foreign Exchange Regulation Act, 1947 and rules made there under.
Goods can be imported by using other Incoterms except DDP, CIF and CIP
Unless there is specific provision in the relevant loan agreement or project agreement concluded
with the foreign donors for import on CIF or CIP basis, no import shall be allowed on CIF or CIP
basis without prior approval from the Ministry of Commerce
Any expatriate Bangladeshi with income earned abroad and any foreign investor with his share of
equity can send capital machineries & raw materials on CIF or CIP basis
Goods from foreign countries free of cost or gift goods are importable on CIF or CIP basis
Food goods can be imported by Ministry of Food and Ministry of Relief and Rehabilitation
Management on CIF or CIP basis
?
Using appropriate Incoterms as per GFET
In EXP form, ADs shall use appropriate incoterms issued by the International
Chamber of Commerce. ADs are allowed to use any of the terms as EXW,
FCA, FOB, FAS, CFR, CIF, CPT and CIP provided those are stipulated in the
relevant LCs or sales contracts. ADs are however, strongly advised to inform
the exporters about the risk and responsibility involved in such cases.
While certifying the EXP forms, the ADs must show the FOB or its equivalent
value and cost of freight, insurance and other charges separately on the EXP
forms. The ADs, while certifying realisation of the export proceeds will in
addition to the certificate in the appropriate column, also indicate on the
reverse of the Second Original EXP form the FOB equivalent value, insurance
and freight separately. For this purpose they may use a rubber stamp as
appropriate.
Using appropriate Incoterms as per GFET
This is to mention that, FCA incoterm will be used in LC/contract if goods are to
be delivered by exporters to the buyer's nominated person prior to loading on
board a vessel. Exporters may face additional risks and incur extra costs if FOB
term is used in such cases instead of FCA. ADs are therefore, advised to
satisfy themselves that contracts/LCs reflect accurate terms and conditions
of the Incoterm stipulations before advising the same to the beneficiaries.
Rules for any Modes of Rules for Sea and Inland Waterway
Transport Transport
E Term : EXW ǀ Ex Works
FAS ǀ Free Alongside Ship
F Terms : FCA ǀ Free Carrier
FOB ǀ Free On Board
EXW ǀ FCA FAS ǀ FOB CFR ǀ CIF ǀ CPT ǀ CIP DAP ǀ DPU ǀ DDP
‘E, F’ Terms: (Export Country) ‘C’ Terms: Main Carriage Paid ‘D’ Destination Term: Export Country