Exporting made safer with Incoterms® 2020 (2024)

Exporting made safer with Incoterms® 2020 (1)

Manage Risk

Incotermsare internationally accepted definitions for the most common terms used in contracts for the sale of goods. Incoterms2020 came into force on Jan. 1, 2020, superseding the earlier Incoterms2010.

Emiliano Introcaso, CITP Advisor & senior product operations manager Export Development Canada Emiliano Introcaso, CITP

Understanding Incoterms

The idea behind Incotermsis simple: To provide standardized logistics terminology to help prevent confusion and disagreement between international sellers and buyers. It’s very important for Canadian companies to use these terms as Canada’s export markets are diverse and the logistics of supply chains have become more complex.

What are Incoterms?

Incotermsare universally recognized terms used in most international sales contracts to reduce the logistical risks of doing business around the world. The three-letter acronyms mean the same thing in any contract anywhere. As a result, both sellers and buyers can clearly understand their contractual rights and responsibilities when delivering or receiving goods internationally.

According to theForum for International Trade Training(FITT), Incoterms“are used in negotiations to resolve who is responsible for the expenses associated with a shipment at a specific point in the shipment’s journey such as export packing costs, the main transport costs and custom duties.”

To get businesses up to speed on the Incoterms2020 rules and help them succeed internationally, FITT has partnered with the Canadian Chamber of Commerce (CCC) to offer the only Incoterms2020 in-class training across Canada, which is officially recognized by the International Chamber of Commerce (ICC). This training is also offered in partnership with the Canadian Trade Commissioner Service (TCS) and Export Development Canada (EDC).

Why are Incoterms so important to international logistics?

Global trade moves goods among many different markets with many different languages and business cultures. Simply signing a contract isn’t enough. By using Incoterms, you can prevent potential disputes or misunderstandings over logistics and make the export and import responsibilities very clear to both parties.

What do Incoterms cover?

They outline obligations, risks and costs in a series of 10 articles that accompany each Incoterm. The “A” articles, which represent the seller’s obligations, and the “B” articles, which represent the buyer’s obligations, are as follows:

A1/B1General obligations
A2/B2Delivery/taking delivery
A3/B3Transfer of risks
A4/B4Carriage
A5/B5Insurance
A6/B6Delivery/transport document
A7/B7Export/import clearance
A8/B8Checking/packaging/marking
A9/B9Allocation of costs
A10/B10Notices


Note: Delivery of the cargo isn’t rigidly defined (for example, reaching the buyer’s warehouse). Instead, it refers to the seller fulfilling the obligation of the terms of sale, or to the seller completing a contractual obligation. This means that “delivery” can take place at any point in the physical movement of the cargo.

Having a contract is simply not enough, epecially given the potential language barriers and different meanings around a particular term or phrase.

FITT’s Global Value Chainalso emphasizes that the use of Incotermsdoesn’t replace the need for a contract. The terms “are a standardized means of setting out obligations with respect to carriage and insurance. They don’t contain provisions for delivery times and do not regulate the issue of title.”This means that your contract should always specify a delivery time and state when title transfer (transfer of ownership) takes place.

Incoterms and risk management

In an increasingly complex global trade environment, export transactions carry many obligations and risks—for both importers and exporters—at every stage of the process.

How can Incoterms reduce your risks?

  • They can help you avoid disagreements over who carries the risk at various points in the logistics process. This helps you get the right insurance for the period during which you carry the risk.
  • They can help you avoid disputes over alleged late delivery and lower your risk of late-delivery penalties.
  • They provide a stable risk environment by imposing certainty on a sales contract. For example, using the appropriate Incotermsrules can help ensure that you get paid for a shipment.

“Using the correct Incotermsin an international transaction helps the parties involved identify the risks for which they’re responsible,” says Philip Turi, EDC’s director of International Business Advisory Services. “At the same time, they can take pre-emptive steps to mitigate those risks and not wait until something goes wrong.”

What can happen if you don’t use Incoterms properly?

“Using the wrong Incoterm can result in errors in the pricing of goods and the misunderstanding of the obligations and division of responsibilities that are being negotiated between the buyer and the seller. This can lead to significant unanticipated liabilities for a company, which can be very costly,” Turi says.

He adds that “companies often don’t ensure that the Incoterms in their sales agreements match across all the contracts involved in the transaction. When something goes wrong, the disagreements tend to focus on risks and responsibilities that could have been managed through the accurate use of an Incoterm. I’ve seen this happen and it can cost companies inordinate amounts of time and money to resolve.”

Learn more about Incoterms 2020

To get businesses up to speed on these new terms, FITT and the CCC are offering Incoterms2020 training across Canada.

Exporting made safer with Incoterms® 2020 (3)
  • Visit theFITT Incotermspage for details about in-class ICC Canada training, providing participants with both a refresher on Incoterms and what they mean for their businesses.
  • You can also visit the ICCIncoterms2020pages to sign up for email alerts, ask questions online and purchase a range of resources, including theIncoterms2020 guide.
  • For other international trade-related courses, certification and resources, visitfittfortrade.com.
  • For more in-depth information about Incoterms, read our four-part series.
Exporting made safer with Incoterms® 2020 (2024)

FAQs

What is the best Incoterm for export? ›

The most popular incoterms for all forms or transport are typically:
  • Ex-Works (EXW): ...
  • Free Carrier (CA): ...
  • Carriage Paid To (CPT): ...
  • Carriage and Insurance Paid To (CIP): ...
  • Delivered at Place (DAP): ...
  • Delivered at Place Unloaded (DPU): ...
  • Delivered Duty Paid (DDP): ...
  • Free on Board (FOB):

What are the Incoterms used in exporting? ›

INCOTERMS are the language you'll need when you're trading abroad, defining the trade contract responsibilities and liabilities between a buyer and a seller. They cover who is responsible for paying freight costs, insuring goods in transit and covering any import/export duties, for example.

Is Incoterms 2020 still valid? ›

Although the ICC recommends using Incoterms® 2020 beginning January 1, 2020, parties to a sales contract can agree to use any version of Incoterms after 2020. They need to clearly specify the chosen version of Incoterms being used (i.e., Incoterms® 2010, Incoterms® 2020, or any earlier version).

What are the benefits of Incoterms 2020? ›

Globally recognized, Incoterms prevent confusion in foreign trade contracts by clarifying the obligations of buyers and sellers. Parties involved in domestic and international trade commonly use Incoterms as a kind of shorthand to help understand one another and the exact terms of their business arrangements.

Which Incoterm is the easiest rule for the exporter? ›

Out of all of them, the best Incoterm® for exporters include:
  • Ex Works (EXW)
  • Free Carrier (FCA)
  • Free Alongside Ship (FAS)
  • Free On Board (FOB)
Sep 27, 2023

Which Incoterm carries the least risk to importer? ›

For an international purchase operation, the most advantageous Incoterms for the importer will be DAT (Delivered At Terminal), DAP (Delivered At Place) and DDP (Delivered Duty Paid). The buyer is only responsible for customs formalities in the country of arrival, inland transport to his premises and unloading.

Which Incoterm is most commonly used? ›

What Is the Most Popular Incoterm? While it varies, we often see EXW (Ex Works) used in international contracts. It's one of the easiest for sellers, who only have to make the buyer's shipment available for pickup.

How do Incoterms reduce risk? ›

How can Incoterms reduce your risks? They can help you avoid disagreements over who carries the risk at various points in the logistics process. This helps you get the right insurance for the period during which you carry the risk.

How to choose the right Incoterm? ›

In choosing the right incoterm, buyers and sellers must consider their experience level. For example, EXW Incoterm is not suitable for importers. A buyer with more experience importing goods can decide on Ex Works Incoterm. DAP, DDP, and DPU Incoterms are good for importers with little experience.

What are the Incoterms 2020 used for? ›

They are widely used in international trade and provide a common framework to clearly communicate the responsibilities, risks, and costs associated with the transportation and delivery of goods between buyers (importers) and sellers (exporters).

What changed in Incoterms 2020? ›

Incoterms 2020 now has provisions for shipping goods Free Carrier (FCA) with a Bill of Lading with an on-board notation. This is especially useful for containerized shipments. Under Incoterms 2010 many buyers were using FOB, because of the Bill of Lading that was required to be present under FCA.

Who pays for Incoterms 2020? ›

Under the Incoterms® rule Cost and Freight (CFR) the seller bears the risk of loss or damage to the goods until such time as they deliver them on board the ship at the specified port of shipment. The seller arranges and pays for the transport and associated costs to the agreed port of destination.

Which incoterm 2020 gives the buyer the most control? ›

FOB: Freight on Board

This gives you absolute control of all expenses and coordination of the cargo delivery to your final destination.

What are the most used Incoterm in foreign trade? ›

In this article, we will delve into the basics of Incoterms, focusing on six commonly used terms: Ex Works (EXW), Free On Board (FOB), Cost and Freight (CFR), Cost Insurance and Freight (CIF), Delivered At Place (DAP), and Delivered Duty Paid (DDP).

What is the most favorable Incoterm to the supplier? ›

The CFR Incoterm and the CIF Incoterm are generally good options for the seller as they're competitive and do not involve too many risks. Under these Incoterms, you have control over the international shipping costs all the way to the destination port.

Which Incoterm requires the exporter to pay import duty? ›

DDP indicates that the seller (exporter) assumes all the risk and transportation costs. The seller must also clear the goods for export at the shipping port and import at the destination. Moreover, the seller must pay export and import duties for goods shipped under DDP.

How to choose the best Incoterm? ›

In choosing the right incoterm, buyers and sellers must consider their experience level. For example, EXW Incoterm is not suitable for importers. A buyer with more experience importing goods can decide on Ex Works Incoterm. DAP, DDP, and DPU Incoterms are good for importers with little experience.

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