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Octubre 2010
Bufete Internacional and Global Business University
Welcomes you to the Course:
Exponent: Dr. Eduardo Reyes Diaz Leal
International Commerce International Commerce TermsTerms (INCOTERMS)(INCOTERMS)
Interational UseFacilitate International
Commerce
Important part of anycommercial contract
Detail commercialresponsibilities for the
parts
Escenario
Necesidad
VeryVery Active Active Global Global EconomyEconomy
ConsumerConsumermarketmarket
ExplotionExplotion
IncreasedIncreased numbernumberand and typestypes of of
productsproducts
IncreasesIncreases in in thethe speedspeedof of businessesbusinesses
FocusFocus onon thethe““needsneeds” of ” of thethe
clientsclients
Necesidad
actual de
los
negocios
ClarityClarity and and understandingunderstanding
CompetitiveCompetitiveAdvantagesAdvantages
LegalitiesLegalities SafetySafety
ProblemsProblems thatthat getget solvedsolved!!
Selling price variesfrom purchase price
Differences in languagesmakes understanding
quite difficult
Facilitates theapplication of justice
There are differencesin the legal meaningsfrom one country to
another
What are theflashpoints in international
business?
HighHigh pointspoints in in businessesbusinesses
PracticalPractical/Legal /Legal ComprehensionComprehension
IT and IT and CommunicatiosCommunicatios
AdaptabilityAdaptability
Marketing Marketing EthicsEthics
TransportTransport EvolutionEvolutionUnfairUnfair PracticesPracticesin International in International
BusinessBusiness
Legal Legal ScopesScopes
Safety and Safety and warrantieswarranties
FinancialFinancialAspectsAspects
Intelectual Intelectual PropertyProperty
ContractContract
Normal Content………………Normal Content………………
AcceptanceAcceptance of of thethe INCOTERMS 2010INCOTERMS 2010
VoluntaryVoluntary RulesRules
SpecifySpecify conditionsconditions whenwhen differentdifferent toto“defaults”.“defaults”.
R
Volume Quality and design Payment methods
Warranties Intelectual Property Period
Rescission and Penalities Tribunals
INCOTERMS INCOTERMS DO NOTDO NOT substitutesubstitute thethe
contractcontract, , sincesince theythey don’tdon’t eveneven
prononuceprononuce, , forfor exampleexample, , thethe priceprice
of of thethe propertyproperty oror thethe methodmethod oror
meansmeans of of paymentpayment
INCOTERMS 2010INCOTERMS 2010
Born in 1936
Globally acepted
Constant Actualization
‒Constant Dynamism
Come from the International Commerce Chamber
Headquarters: Paris, France
Commercial, legal and practice Commision
Seeking to satisfy businesses needs
R
INCOTERMS 2010INCOTERMS 2010ReformsReforms
2010 (effective from 2011)
Considers free trade zones
Allows the use of electronic communications
Takes into account safety
Adopts transport evolution
They simplify [From 13 a 11]
R
1953 – 1967 - 1976 – 1980 – 1990 - 2000
Previous Reforms
INCOTERMS coverage
3 big groups
You can add or reduce conditions or outcomes as agreedwith sufficient clarity and contract.
Tasks RisksCosts
Deliverydate
Deliveryplace
INCOTERMS 2010INCOTERMS 2010IncludedIncluded ConceptsConcepts
Notifications
R
Assistance
Documentation Inspections CustomsClearance
Delivery DatesPackage and
LabelingRisks
Losses Damages
Transport Insurance
Load and Unload
IN
CO
TER
MS
20
10
IN
CO
TER
MS
20
10
R
Quality/Quantity
Payment
Documentation
NotificationsLa
be
lin
g
Pa
ck
ag
ing
Legal Entrance
Variables
Load and Unload
Customs Clearances Transport and Insurance
Scope
CustomsCustomsBasisBasis
TaxableTaxable
CommercialCommercial CostsCosts
RisksRisks
TasksTasks
FinancialFinancial DeductionsDeductions
AccumulationAccumulation
LegalLegal ResponsibilityResponsibility
INCOTERMS 2010INCOTERMS 2010WhatWhat are are theythey??
They are commercial tools that define
responsibilities, tasks, costs, and risks of
the parts that facilitate the commercial
understandment. They are the basis of the
sale contract.
R
RAFTSRAFTSLocal/Local/domesticdomesticNotNot usedusednowadaysnowadays
UNIFORM COMERCIAL UNIFORM COMERCIAL CODE (1952)CODE (1952)
HarmonizationHarmonization of of commercialcommercialtransactionstransactions fromfrom thetheUSUS
7 7 applicationsapplications FOBFOB
Alternatives?
Uniform Commercial Code/USA (UCC)
The UCC published in 1952, is one of a series of
actions that have been enacted to harmonize
commerce and other commercial transactions in
the U.S. From that time on, they’ve had many
reforms, including the usage of electronic data.
Terms used in the US for dommestic operationsthat are a habit.Framed in three sources:
1.- The UCC, 2.- The National Motor Freight Classification (the NMFC) and 3.- The habit.
FOB : Free On Board (Libre o Franco A Bordo) FOB Origin; FOB Origin, Freight Collect; FOB Origin, Freight Prepaid; FOB Origin, Freight Prepaid & Charged Back or FOB
Origin, Freight Prepaid & Add; FOB Destination; FOB Destination, Freight Collect; FOB Destination, Freight Prepaid; FOB Destination, Freight Collect and Allowed.
RAFTD/CC of US
Emmited by the US Chamber of Commerce, their first editionwas in 1919 and the last revision had place in 1941.
In August 1985 USCC considered them repealed andsuggested that they shouldn’t be used, but as they werevoluntary the parts can still use them in their contracts.They’re used specially by some american, mexican andcentroamerican companies.
RAFTD (Revised American Foreign Trade Definitions)
RAFTD
RAFTD don’t have groups and have only six terms:
Terms Conditions
1. - Ex* Ex -Works
2. - FOB* Free On Board
3. - FAS Vessel Free Alongside Ship Vessel
4. - C & F* Cost And Freight
5. - CIF* Cost Insurance and Freight
6. - Ex-Dock Ex-Dock
FOB, C & F (C + F, CAF, CANDF) and CIF are in accordance and apply to all means of transport.
UsageEstablished in the commercial contract(as well as invoice and order) [Incoterms aplicable] delivery place and
indicate Incoterms Version as detailed aspossible
Selection of Incoterms: Type of trasport Type of merchandise Obligations from the parts.
INCOTERMS 2010INCOTERMS 2010R
R
R
The usage of the INCOTERMS 2010 oblige theparts to: Deliver in time the agreed merchandise Bill and charge by sending the documentation
(paper or electronic). Notifications (mutually) from delivery and
reception Assistance (assigning costs) in all leading.
INCOTERMS 2010INCOTERMS 2010R
R
DeliveryDelivery//RiskRisk INCOTERMS 2010INCOTERMS 2010
DeliveryDelivery--DestinyDestiny
R
DeliveryDelivery//RiskRisk
IncludedIncluded DestinyDestiny
CPT/CIPCPT/CIP
FAS/FOBFAS/FOB
EXWEXW
CFR/CIFCFR/CIF
DATDAT
DAT/DDPDAT/DDP
FCAFCA
Revision 2010
Reforms
Dissapearance of the 4 traditional groups ofrules.
11
E EXW
F FCA,FAS, FOB
C CFR, CIF, CPT, CIP
D DAF, DES, DEO, DDU, DDP
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
Elimination of 4 INCOTERMS which are“replaced” by two new terms
22
Dissapeared Created
DES-Delivery Ex Ship DATDelivery at TerminalDEO-Delivery Ex Quay
DAF-Delivery at Frontier DAPDelivery at PlaceDDU-Delivery Duty Unpaid
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
The INCOTERMS 2010 are constituted in twolarger groups classified by the means oftransport.
33
Any means of transport Maritime Transport
EXW FCACPT CIPDAT DAP DDP
FAS FOBCFR CIF
R
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
Domestic or international usage
Zones where the customs border has lostimportance (European Union)
Substitution in the US from the UniformCommercial Code.
44
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
26% 26% of of thethe internationalinternational commercecommerce don’tdon’t use use customscustoms anymoreanymore..
“Guide notes” were created; they explainfundamentation and reach of each IncotermWhen they should be used(type of operation)Risk transfer momentCosts and included tasks
55
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
Electronic notifications and documents areaccepted with the same value as paperElectronic Data Interchange (EDI)
66
Obligations are established between the parties,relative to obtention or contribution of assistanceand security.
77
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
Freight costs are delimited, without includingunload in destiny and must be sure that thecontract doesn’t include THC (Terminal HandlingCharges)
88
CFR, CIF, DAP, DDP
INCOTERMS 2010INCOTERMS 2010DeliveryDelivery PlacePlace
R
CFR, CIF, DAP, DDP
Elimination of every provition in chich deliverywas on the boat’s handrail, now, it is sidelinesor FOB.
99
INCOTERMS 2010INCOTERMS 2010ReformsReforms
R
Substitution of the term “loading goods” by “providing loaded goods” to give entry to thelogistic proceses from the supply chain.
1010
CUSTOMS FORMALITIES.- All customs regulationsincluding documents, safety information, and verificationsas well as contribution payments collected in customscommonly in pacted and written form. Excluding internaltaxes.
EGA (DELIVERY).- Indicates where the risk of loss ofdamage passes to the buyer that doesnt necesarilly is theagreed point of delivery. (Legal delivery)
INCOTERMS 2010INCOTERMS 2010DefinitionsDefinitions
R
DELIVERY DOCUMENTS
Documents that prove that delivery took place.
Invoice
Reception.- EXW, FCA, FAS, FOB
Transport and insurance documents
Customs Documents (EXW/DDP)
Payment documents
INCOTERMS 2010INCOTERMS 2010DefinitionsDefinitions
R
Packaging
Includes:
1.Compliance of established requirements in thecontract
2.Enough packaging suitable for transportation (default)
Doesn’t include: Containment or similars
Labeling: by international regulation, must be specifiedin the contract.
INCOTERMS 2010INCOTERMS 2010DefinitionsDefinitions
R
Insurance.-The obligation to insurance the goodsonlyexists in INCOTERMS CIF and CIP, and must be doneby the minimum coverage of 110% of the shippingvalue. (DEFAULT).
Insurance must have a C Clause, which is the mostrestricted. It must cover the risks established in thegeneral clauses, for multimodal transport and coveragefrom warehouse to warehouse policies.
INCOTERMS 2010INCOTERMS 2010DefinitionsDefinitions
R
R
Security Information.- the use of the INCOTERMSobliges the parts to provide each other by petitiononly, any information about safety and shipping controlwith the correspondent coverage (logistic control).
General Asisstance.-TransportSafetyInsurancePackaging
INCOTERMS 2010INCOTERMS 2010DefinitionsDefinitions
R
R
United States: C-TPAT
Canada: Partners in Protection (PIP)
Singapur: Partnership for Secure Trade
European Union: Authorized Economic Operator
Jordan: Golden List
New Zealand: Secure Exports Scheme
Safety Programs of the world
1. Seguridad de las instalaciones y controles de acceso
2. Seguridad del personal
3. Seguridad de socios comerciales
4. Seguridad de la carga
5. Seguridad del medio de transporte
6. Seguridad de la información
7. Manejo de incidentes
8. Manejo de crisis y recuperación después de algúnincidente
Mexican Program of Aliance forSecure Commerce PMACS
INCOTERMS 2010INCOTERMS 2010R
EXPO IMPO INSURANCETRANSPORT
CONTRACT
OFFICIAL
INSPECTIONS
MINIMAL
PACKAGING
EXW X X X X X
FCA X X X
CPT X X
CIP X
DAT X X
DAP X X
DDP X
FAS X X X
FOB X X X
CFR X X
CIF X
INCOTERMS 201OClassification bydelivery of risk
R
INCOTERMS 2010 when delivery place[transmission of risk] is the[same] place ofdestiny.
EXW (Ex Works)FCA (Free Carrier)DAT (Delivery at Terminal)DAP (Delivery at Place)DDP (Delivery Duty Paid)FAS (Free Alongside Ship)FOB (Free on Board)
ByBy riskrisk transmissiontransmission
1
R
INCOTERMS 2010 in which place of destiny(fisical delivery) differs from the pointwhere risk is transmitted (legal delivery)
CPT (Carriage Paid To)CIP (Carriage and Insurance Paid To)CFR (Cost and Freight)CIF (Cost, Insurance and Freight)
[Note: the destiny place only indicates wherethe seller covers the cost]
2R
ByBy riskrisk transmissiontransmission
Any means of transport terms
EXW [EXWORKS]
Any transport
Delivery and destiny are the same place
Represents the minimum effort of the seller
Doesn’t include freight in the transport
CONTRACT OF INSURANCE AND TRANSPORTNo obligation
DELIVERYMust take place in the specified place, in case it
isn’t, in any logic place on the agrreed period ordate.
INCLUDED COST All costs until the goods have been delivered
(doesn’t include customs costs)
DELIVERY DOCUMENTS Comercial invoice and reception proof.
EXW [EXWORKS]
Any means of transport
Delivery and destiny are the same place
Includes cargo in the means of transpor but notunloading
Includes export tramits
FCA [FREE CARRIER]
CONTRACTS OF TRANSPORT AND INSURANCE
No obligation to the buyer
DELIVERYThe seller must deliver the goods to the
transport when being loaded
INCLUDED COSTSAll costs until goods are delivered, including
export and cargo to the hired transport by thebuyer
FCA [FREE CARRIER]
Any means of transport
Delivery point is distinct from destiny.Transmission of the risk takes place whenmerchandise is loaded with the final carrier postexport.
Includes cargo and, when the transportdocument mentions it, unloading
CPT [CARRIAGE PAID TO]
CONTRACT OF TRANSPORT AND INSURANCE
The seller is obliged to hire the carrier but not toinsure the merchandise
INCLUDED COSTSAll costs up to the destiny point (includes export)
CPT [CARRIAGE PAID TO]
Any means of transport
Delivery point differs from destiny. Transmission ofthe risk passes when the merchandise is loaded bythe final carrier. Post export
Includes loading and unloading, unless specified inthe contract
Includes restricted insurance clause [C]
CIP [CARRIAGE AND INSURANCE PAID TO]
TRANSPORT AND INSURANCEThe seller is obliged to hire the carrier and normal
insurance
DELIVERYTakes place with the assigned carrier and not at
arrival to the contracted destiny
INCLUDED COSTSExport, cargo, transport, insurance and unloading
at destiny
CIP [CARRIAGE AND INSURANCE PAID TO]
Any means of transport
Delivery point is the same as destiny
Includes loading and unloading, up to the specified
point on the terminal. If the goods are intended to
be taken to other points, DAP o DDP should beused
All the risks, up to determined point are from theseller
Includes export paperwork, but doesn’t have anyimport obligations
DAT [DELIVERY AT TERMINAL]
TERMINALQuayWare house Container yard
TRANSMISSION OF THE RISK (DELIVERY) At the moment of delivery in the terminal (fisical and
legal delivery are the same)
INCLUDED COSTS All costs until the goods are delivered, included in
the terminal, before import
DAT [DELIVERY AT TERMINAL]
Container roll Air cargo terminal
TRANSPORT AND INSURANCEThe seller is obliged to contract in normal
terms and has no obligation to insure thegoods
DAT [DELIVERY AT TERMINAL]
Any means of transport
The point of delivery is the same as the destiny
Includes loading until specified point which is themoment where delivery takes place for risk effects.
Includes export paperworks but doesn’t haveobligation over imports
DAP [DELIVERY AT PLACE]
TRANSPORT AND INSURANCEThe seller is obliged to contract transport but
has no obligations to insure the goods
INCLUDED COSTSAll costs until goods are delivered
DAP [DELIVERY AT PLACE]
Any means of transport
Delivery point is the same as destiny
Includes cargo, export, transport, import andshipping but doesn’t include unloading
Represents maximum effort from the seller
DDP [DELIVERY DUTY PAID]
TRANSPORT AND INSURANCE Seller is obliged to contract carrier but has no
obligation to insure the merchandise
DELIVERY The seller must deliver the goods at the agreed point,
after the import with no obligations to unload
INCLUDED COSTS All costs until the goods are delivered, includes
customs from export and import
DDP [DELIVERY DUTY PAID]
Terms for maritimetransport
Maritime transport
Delivery point is the same as destiny
Merchandise is delivered aside the ship. If thegoods are delivered at terminal and incontainers, FCA should be appropriate
Doesn’t include upload in the means of transport
Includes export paperwork, but has no obligationover import
FAS [FREE ALONGSIDE SHIP]
TRANSPORT AND INSURANCE CONTRACTS
No obligations for the seller
INCLUDED COSTS
All costs until the goods are delivered includescustom costs on export
FAS [FREE ALONGSIDE SHIP]
Maritime transport
Delivery is the same as destiny
The merchandise is delivered free on board oto
the company designated by the buyer Includes uploading to the transport
Includes paperwork and export tramits, but has noobligation to import
FOB [FREE ON BOARD]
TRANSPORT ANd INSURANCE CONTRACTS
No obligation to the seller
INCLUDED COSTSAll costs until the goods are delivered, includes
customs costs and uploading to the ship
FOB [FREE ON BOARD]
Maritime transport
Delivery point differs from destiny
Includes uploading but not unloading. If thegoods should be delivered unloaded, CPT or CIPshould be used.
Includes export tramits and paperwork, butthere’s no obligation to the import
CFR [COST AND FREIGHT]
TRANSPORT AND INSURANCE CONTRACTS
The seller is obliged to contract the carrier buthas no obligation to insure the goods
INCLUDED COSTS
All costs until the goods arrive at destiny, includescustoms and export costs, without unloading
CFR [COST AND FREIGHT]
Maritime transport
Delivery point differs from destiny
Includes uploading, but not unloading. If youwanted to deliver unloaded CPT or CIP should beused.
Includes cost of ordinary insurance
Includes export but there’s no obligation overimport
CIF [COST, INSURANCE AND FREIGHT]
TRANSPORT AND INSURANCEThe seller is obliged to contract transport and
insurance
CIF [COST, INSURANCE AND FREIGHT]
1. When can Incoterms be used domestically?
2. What concepts include costs when Incoterms are used in domesticcommerce?
3. If delivery takes place in containers, in the exit port, which Incotermshould be used?
4. If the merchandise is delivered at destiny, still loaded in the transport,and when delivery has taken place when unloading, which Incoterm isappropriate?a) If it’s maritimeb) If it isn’t maritime
5. Which are the risks included in the Incoterms?
6. What are the critical points in each Incoterm?
CONFIRMATION CONFIRMATION QUESTIONSQUESTIONS
The seller has no control on the export
The buyer requires help and in the exportcountry
EXAMPLEEXAMPLE
EX-WORKS
[email protected]. 01 (55) 1500 1400Fax 01 (55) 1500 1401
www.bufeteinternacional.com.mx
www.comerciointernacional.com.mx
¡Thank You!
DR. EDUARDO REYES DIAZ-LEAL