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  • Members pursue convergence for an IP COVID-19 response October 14, 2021
    At a meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) on 13-14 October 2021, WTO members noted encouraging exchanges at recent small group discussions and bilateral meetings which helped to identify points of convergence on how to provide a common intellectual property (IP) response to COVID-19. The chair of the TRIPS […]
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  • Turkey launches safeguard investigation on grinding balls and similar articles for mills October 13, 2021
    On 13 October 2021, Turkey notified the WTO’s Committee on Safeguards that it initiated on 9 October 2021 a safeguard investigation on grinding balls and similar articles for mills.
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  • Trade Policy Review: Republic of Korea October 13, 2021
    The eighth review of the trade policies and practices of the Republic of Korea takes place on 13 and 15 October 2021. The basis for the review is a report by the WTO Secretariat and a report by the Government of the Republic of Korea.
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  • WTO briefs members and observers on COVID-19 related initiatives and analysis October 12, 2021
    Over 180 representatives from 111 members and observers participated on 12 October in a virtual information session on the WTO Secretariat’s work to support equitable access to COVID-19 vaccines.
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Incoterms



 

The International Commercial Terms

 

International Commercial Terms (Incoterms ® 2010) are issued by the International Chamber of Commerce and define the conditions under which international trade transactions take place.

In other words, the Incoterms ® 2010 determine crucial aspects such as the time of the transfer of the risks, which party is liable for cost of transports, insurance costs and custom clearance to name but a few. 

By contrast with domestic transactions, exportation or importation of goods are characterised by a high level of complexity.

Indeed, as you can see in the figure below, an international transaction has to go through several steps likely to be a source of problems.

 

 

Since the Incoterms ®2010 is a standard accepted worldwide, professionals willing to avoid any ambiguity within their International sale contracts, can rely on this strong framework and thereby optimise their risk management processes.

Overall, we can distinguish between two types of Incoterms:

  • – Any mode of transport
  • – Maritime transport applicable for Sea and Inland Waterway

 

 

Incoterms 2010 table

Incoterms 2010 table

 


 

In addition, Incoterms ® rules can be divided 4 groups :

 

Group E: Goods at the buyer’s disposal in the Seller’s premises.

Ex Works (Low commitment)

 

Group F: Main carriage paid by the Buyer

FCA, FOB, FAS (moderate commitment)

 

Group C: Main carriage paid by the Seller

CFR, CPT, CIP, CIP (High commitment)

 

Group D: Seller’s responsible up to agreed delivery address

DAT, DAP, DDP (Very High commitment)

 

 

Attention should be paid to the fact that the transfer of ownership is not determined by the Incoterms rules, but by the terms and conditions of the sales contract.

 

Moreover, it is of paramount importance to clearly specify the Incoterms ®2010 version applicable in the sales contracts. Indeed, since prior versions (such as 2000, 1980 versions for instance) might imply different obligations, by embedding the Incoterms ®2010 version in the sales contract, professionals ensure that business relationships are based on clear-cut set of rules.

In addition, it must pointed out that that electronic documents are considered as an equivalent of paper format provided that the Seller and the buyer agree to use this method of communication. ( must be specified in the contract)