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International Commercial Terms (‘Incoterms’) are internationally recognised standard trade terms used in sales contracts. They’re used to make sure buyer and seller know: who is responsible for the cost of transporting the goods, including insurance, taxes and duties where the goods should be picked up from and transported to who is responsible for the goods at each step during transportation The Incoterms® rules are an internationally recognized standard and are used worldwide in international and domestic contracts for the sale of goods. First published in 1936, Incoterms® rules provide internationally accepted definitions and rules of interpretation for most common commercial terms. The rules have been developed and maintained by experts and practitioners brought together by ICC and have become the standard in international business rules setting. Launched in mid-September 2010, Incoterms® 2010 came into effect on 1 January 2011. They help traders avoid costly misunderstandings by clarifying the tasks, costs and risks involved in the delivery of goods from sellers to buyers. Incoterms® rules are recognized by UNCITRAL as the global standard for the interpretation of the most common terms in foreign trade. Please note that all contracts made under INCOTERMS® 2000 remain valid even after 2011. Moreover, although we recommend using Incoterms® 2010 after 2011, parties to a contract for the sale of goods can agree to choose any version of the Incoterms rules after 2011. It is important however to clearly specify the chosen version INCOTERMS® 2010, INCOTERMS® 2000 or any earlier version. From 1936 to today: the Incoterms® rules The Incoterms® were created in 1936 with the purpose of providing a set of international rules for the interpretation of the most commonly used trade terms in foreign trade. Since then, ICC expert lawyers and trade practitioners have updated them six times to keep pace with the development of international trade. Pre-Incoterms rules The Incoterms® was first conceived by the International Chamber of Commerce (ICC) in 1921, and brought to fruition with the first Incoterms® rules in 1936. This set in motion a long and vibrant history of Incoterms® publications that continues today with Incoterms® 2010, which will go into effect 1 January 2011.A Trade Terms Committee with the assistance of the ICC National Committees developed the first six rules in 1923: FOB, FAS, FOT, FOR, Free Delivered CIF and C&F, which were the precursor of what would later be known as the Incoterms® rules.
Why revise the Incoterms®? As commercial practices, types of goods and transports, and international laws evolve, the Incoterms ® rules need to be regularly updated by experienced international experts. Some significant revisions include: 1980 –FCA was introduced in order to provide a rule that dealt with the frequent case where the reception point in maritime trade was no longer the ship’s rail (the traditional FOB-point) but rather a point on land, prior to loading on board a vessel, where goods were stored in a container for subsequent transport by sea or by different means of transport in combination. 1990 – the clauses dealing with the seller’s obligation to provide proof of delivery permitted a replacement of paper documentation by EDI-messages provided the parties had agreed to communicate electronically. 2000 - (1) the placing of the export clearance under FAS on the seller (previously on the buyer); (2) the specification of the seller’s obligation to load the goods on the buyer’s collecting vehicle and the buyer’s obligation to receive the seller’s arriving vehicle unloaded under FCA. How are the Incoterms® revised? Revision of the Incoterms® rules is initially entrusted to a small global Drafting Group. The group is formed by experts from various nationalities chosen for their extraordinary contribution to international commercial law and to the International Chamber of Commerce along the years. Revised drafts are then circulated broadly and internationally through ICC National Committees, with the resulting comments and suggestions channeled back to the Drafting Group. The final draft, once approved by the ICC Commission on Commercial Law and Practice, is submitted for adoption by the ICC Executive Board. The broad international consultation aims to ensure that official ICC products possess an authority as representing the true consensus viewpoint of the world business community. UNCITRAL: United Nations Commission for the Unification of International Trade Law (Comisión de las Naciones Unidas para el derecho mercantil internacional). EDI: Electronic data interchange FOB: Free On Board (franco a bordo) “Free On Board” means that the seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards. FAS: Free alongside ship (franco al costado del buque, puerto de carga convenido) “Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel (e.g., on a quay or a barge) nominated by the buyer at the named port of shipment. The risk of loss of or damage to