INCOTERMS_2010_贸易术语一览表

INCOTERMS 2010 贸易术语一览表( 將於2011/1/1實施)Changes in INCOTERMS 2010Starting in 2011, the following standard delivery terms will be used:EXW Ex Works All types of transportationFCA Free Carrier All types of transportationCPT Carriage Paid To All types of transportationCIP Carriage and Insurance Paid All types of transportationDAT (new delivery term) Delivered At Terminal All types of transportationDAP (new delivery term) Delivered At Place All types of transportationDDP Delivered Duty Paid All types of transportationFAS Free Alongside Ship Water transportFOB Free On Board Water transportCFR Cost and Freight Water transportCIF Cost, Insurance and Freight Water transportCompared to the current practice, the following standard terms will no longer exist: DDU (Delivered Duty Unpaid); DAF (Delivered At Frontier); DES (Delivered Ex Ship); DEQ (Delivered Ex Quay). If business partners wish to continue using them, they should not refer to the effective INCOTERMS 2010.NEW TERM DAP1..A new term will be included to facilitate use in domestic transactions andthose within Customs Unions where no export or import clearance obligations exist.DAP：Delivered at PlaceDelivered at Place means that the seller delivers when the goods are placedat the disposal of the buyer on the arriving means of transport not unloadedat the named place of destinationINCOTERMS修正版本数字使用的问题2010年第一版最早是用INCOTERMS 3000,理由无他是避免大家期待每隔十年就有一次修正,各国国际商会几乎都是站在反对立场,认为修订小组显然是多虑了而且也毫无意义(being meaningless)何况违背ICC出版品的数字使用体制(numbering system usedby ICC for its publications),要吗就使用诸如UCP的400/500/600,或是出版品实际公布或是生效的年分作为她的号码就如INCOTERMS先前的版本一样用INCOTERMS1980/1990/2000,当然如ISBP是用645(2003年)681(2007年).到了第二版就改过来了,使用2011(titled 2011),第三版以后就用2010.INCOTERMS 2010与THC(2010可以解决THC的问题吗?)(引自与TW刘0田的EMAIL资料)无疑的INCOTERMS的修正里由之一是在解决THC的争执问题, INCOTERMS的正式版本还在保密当中,但依第二版草案,似只在CFR或CIF的GUIDANCE NOTE当中提醒买卖双方宜在合同中规定”If the seller incurs costs under its contract of carriage such as those related tounloading or handling at the specified point at the port of destination agreed in the salecontract, the seller is not entitled to recover such costs from the buyerunless otherwise agreed between the parties”似乎也无法解决目地港THC的问题.PS:日本贸易实务界人士星野清在其所著[TRADE TERMS雑感」一文中说,由于中国的货代(FORWARDER)揽货过度的竞争,会压低运费再向日本买方征收诸如EBS(EmergencyBunker Surcharge)或YAS(Yen Appreciation Surcharge)等名目的附加费用.19 October 2010Article by Stephen Tricks and Hatty SumptionThe Incoterms rules are internationally recognised standardised terms reflecting business practice in the allocation oftasks,costs and risks in international sales contracts. The ICC has just published the latest version of these rules, Incoterms 2010.The new rules are relevant for those involved in the buying and selling of goods, especially trading companies, exporters and importers, together with those involved in associated services including marine, multimodal transport, logistics and financial services.The new Incoterms 2010 rules enter into force on 1 January 2011. This update outlines the main changes introduced in the new rules.BackgroundIncoterms have been devised and published by the International Chamber of Commerce (ICC) since 1936. The aim of theRules is to facilitate the conduct of global trade by providing clear definitions of the parties' respective obligations, therebyreducing the risk of legal complications.The latest version replaces the 2000 edition and is the culmination of a lengthy process of drafting and consultation involving over 30 national committees and several key trade bodies. The extensive comment and response process resulted in the production of three consultation drafts leading up to the final version of Incoterms 2010.The Incoterms 2010 rules take account of changes in transport practice, together with the spread of customs-free zones, increased use of electronic communication and security issues.The Key Changes:•Consolidation of 'D' TermsThe following rules have been abolished:DAF – Delivered At FrontierDES – Delivered Ex ShipDEQ – Delivered Ex QuayDDU – Delivered Duty UnpaidThe DDP rule (Delivered Duty Paid) is unchanged and is joined by the following new 'D' rules:DAT – Delivered At TerminalThis is intended to replace DEQ with terms more suitable for container transportation. The terms provide for delivery when goods are unloaded from the arriving means of transport and are placed at the disposal of the buyer at the named terminal. An example would be where a container has been unloaded from a ship and placed in the container stack at the port of delivery(?destination?).DAP – Delivered At PlaceThis replaces DES, DAF and DDU and provides for delivery on the arriving means of transport, ready for unloading. An example of likely use would be for delivery by truck to the buyers' premises, or delivered by ship to a named port, not unloaded or import cleared.• Terminal Handling ChargesThe Incoterms 2010 rules seek to clarify the allocation of terminal handling costs between the parties. This is in response to difficulties that have arisen where such costs, although sometimes included in the carriage costs paid by the buyer, havenevertheless been charged to the buyer by the carrier or terminal operator. The new rules are intended to reduce therisk of the buyer being charged twice for terminal handling costs.•InsuranceMinor changes have been made in Incoterms 2010 to those rules that require a party to obtain insurance (CIF and CIP). It is important to note that Incoterms 2010 still requires the seller to obtain only the minimum cover under Institute Cargo 'C' Clauses, or equivalent, on a CIF or CIP transaction. In many cases, the buyer will want to include in the contractan express requirement for the more extensive Institute Cargo 'A' Clauses. For other terms, there are new provisions requiring the parties to exchange information regarding insurance.•Electronic CommunicationIncoterms 2000 provided that certain specified documents could be replaced with Electronic Data Interchange (EDI) messages where the parties agreed to do so. Incoterms 2010 now allow for paper communication to be replaced with an 'equivalent electronic record or procedure' where the parties so agree or where customary. The reference to custom is significant as it means that in certain cases parties will be unable to refuse electronic communication, such as email. •SecurityHeightened international concern about security has resulted in increased clearance requirements relating to the movement of goods. In response, Incoterms 2010 includes provisions that allocate responsibility for obtaining or assisting to obtainclearances between the buyer and seller.• String SalesIn the sale of commodities it is common for cargo to be sold, perhaps several times, during transit. Incoterms 2000 included obligations for a seller to 'ship' the goods but this did not accurately reflect the position of a seller in the middle of a string of transactions who was unable to 'ship' goods that had already been shipped by the first seller. Incoterms 2010 now provides an option, where relevant, to allow the seller to procure goods that have been shipped as an alternative to the obligationto ship the goods.• Domestic and International TradeAlthough Incoterms have traditionally been used in international sale contracts, the ICC has noted that in certain parts of the world trade blocs (such as the EU) have made border formalities between different countries less significant. In addition, there has also been a greater trend towards using Incoterms for purely domestic sale contracts, including in theUnited States. With this in mind, Incoterms 2010 formally recognises that the rules are available for both domestic and international sale contracts and, where appropriate, the rules state that the obligation to comply with export / import formalities exists only where applicable.•General Pointso The Incoterms 2010 rulebook has been reorganised into two classes;'RULES FOR ANY MODE OR MODES♣ OF TRANSPORT' and'RULES FOR SEA AND INLAND WATERWAY♣ TRANSPORT'For rules included in the second class, the point of delivery and the place to which the goods are carried are both ports. FAS, FOB, CFR and CIF all belong to this class. The first class contains the remaining seven Incoterms.o All reference to the 'ship's rail' as the point of delivery has been removed from Incoterms 2010. Instead for FOB, CFR and CIF sales, goods are deemed delivered when they are 'on board' the vessel.o Incoterms 2010 includes clearer guidance notes. These do not form part of the rules but are intended to encourage use of the most appropriate Incoterms rule for any given transaction.CommentIncoterms 2010 introduce changes that reflect developments in international trade practice and regulation and as suchare\ to be welcomed. The new rule book also includes improvements in organisation and guidance information that will be appreciated by users. However, it is essential to note that, as ever, the usefulness of the rules is largely dependent upon the parties selecting the correct Incoterms rule for any given transaction and in ensuring that the rules are properly incorporated into the sales contract. Even when the rule has been selected and incorporated correctly, attention must also be paid to ensuring that other relevant contracts (such as letters of credit, contracts of carriage and insurance) reflect the agreed terms.Finally, parties should always be aware that Incoterms 2010 are not comprehensive and that even where Incoterms ruleshave been properly incorporated, there are additional key provisions that will remain to be agreed by the parties.。