Incoterms 2020

It is an acronym standing for international commercial terms. Incoterms is a trademark of the International Chamber of Commerce, registered in several countries.

The Incoterms rules feature abbreviations for terms, like FOB (“Free on Board”), DAP (“Delivered at Place”), EXW (“Ex Works”), CIP (“Carriage and Insurance Paid To”), which all have very precise meanings for the sale of goods around the world. These terms hold universal meaning for buyers and sellers around the world.

The main Incoterms changes that are being considered are:

• The removal of FAS (Free Alongside Ship) as it is being used infrequently;
• Separating FCA (Free Carrier) into two separate Incoterms: one for road delivery and one for maritime delivery;  
• The committee is also considering bringing back the terms FOB (Free on Board) and CIF (Cost, Insurance, Freight), instead of the FCA and CIP (Cost and Insurance Paid to) used for non-container shipments.
• There is also a debate about the creation of a new Incoterms called CNI (Cost and Insurance) to bridge the gap between FCA and CFR/CIF (Cost and Freight/Cost, Insurance, Freight). Currently, FCA includes the cost of international insurance on account of the seller-exporter, while CFR/CIF does not include the cost of freight.
• Lastly, to alleviate questions surrounding the party responsible for paying Customs fees, the ICC will evaluate the creation of 2 Incoterms to replace DDP (Delivered Duty Paid).

Other issues and updates being evaluated during this round include:

• Transportation security
• Regulations on transportation insurance
• Relationship between the Incoterms and the International Sale Contract

We will provide another update once the official Incoterms 2020 rules have been announced by the ICC. Please contact us if you have any questions.

Incoterms 2020

A new version of the Incoterms will take effect on January 1, 2020, and will include a number of changes. The terms of delivery issued by the International Chamber of Commerce regulate essential buyer and seller obligations in international trade, such as transfer of goods to the buyer, transport costs, liability for loss of and damage to goods, and insurance costs.

With the adaptation of the Incoterms 2020 to current global trading practices, the new version is very up-to-date and practice oriented. The aim of the revision was to make the Incoterms clauses more user-friendly. For example, their presentation has been revised to make it easier for users to select the appropriate clause. In addition, the order of the clauses has been changed, and revised user instructions have been added to each clause.

In terms of contents, significant changes have been made to the Intercoms 2010, in particular the following:

• Different coverage levels in CIF and CIP: As in the past, the seller is still obliged in the Incoterms 2020 to take out transport insurance at their own expense in clauses CIF (Cost Insurance Freight) and CIP (Carriage Insurance Paid). In contrast to the Incoterms 2010, however, the two clauses now provide for different minimum coverages. The minimum coverage to be observed when the CIF clause has been agreed remains unchanged. The transport insurance to be taken out by the seller must continue to at least correspond to the coverage in accordance with the (C) clauses of the Institute Cargo Clauses or similar clauses (insurance of named risks). If the CIP clause is agreed, the seller must now provide insurance coverage in accordance with the (A) clauses of the Institute Cargo Clauses (all-risk coverage). Both the CIF clause and the CIP clause allow the parties to the contract to agree on insurance coverage that differs from this.
• Inclusion of security-related requirements: Security-related requirements for the transport of goods have now been included in Rules A 4 and A 7 of each Incoterms 2020 clause. As with other the Incoterms clauses, it should be noted that the Incoterms clauses only directly apply to the parties to the sales contract and are not the subject of the contract of carriage.
• The Incoterms 2020 contain regulations for transporting with one’s own means of transport in FCA, Delivery at Place (DAP), Delivery at Place Unloaded (DPU), and Delivered Duty Paid (DDP).
• For goods sold under the FCA (Free Carrier) clause and intended for sea transport (such as goods in containers), FCA is stipulating a new option in the future. The buyer and seller may agree that the buyer shall instruct its freight carrier to issue an on-board bill of lading to the seller after the goods have been loaded. At the same time, the seller is obliged to hand over this on-board bill of lading to the buyer. This is typically done through participating banks.
• Renaming of DAT to DPU (Delivered at Place Unloaded). According to the Incoterms 2010 DAT clause, the seller delivered the goods as soon as they were unloaded from the means of transport at a “terminal.” However, according to the Incoterms 2010 application notes, the term “terminal” was not to be understood from a technical point of view but meant any unloading location. This fact was taken into account in the Incoterms 2020 by renaming the previous DAT clause to DPU (Delivered at Place Unloaded) for the sake of clarity. That means that in the future, any (agreed) place can be the place of destination.

The Incoterms apply between the parties of a (national or international) sales contract and address – but are not limited to – special rights and obligations within this contractual relationship. On the basis of a uniform definition guaranteed in this way, subsequent problems of interpretation or discrepancies between the parties to the sales contract are to be avoided. It should be noted that the Incoterms, due to their character as GT&C-like provisions, do not constitute statutory provisions and thus only become legally binding if they have been effectively agreed between the parties to the sales contract by means of a corresponding reference (for the Incoterms 2020, this is also possible before 1/1/2020). Irrespective of this, in individual cases conflicting statutory provisions still take precedence over an Incoterm clause.

The Incoterms were revised by 500 experts from more than 40 countries.The clauses are recognized worldwide and are in use in more than 30 different languages.

Singapore: Launch pad into Asia

Singapore is one of the busiest and most important logistics hubs in the world. Its advantageous location and long tradition of economic and political stability make the city-state the ideal starting point for international companies to develop business in the prospering markets of Asia Pacific.

DACHSER showcases its digitalized integrated logistics solutions at ITAP Singapore

With the motto “Optimal Fulfilment Through Integrated Connectivity”, DACHSER Singapore exhibited at the industrial tradeshow with a Virtual Reality (VR) station and presented its IT capabilities at the Sandbox presentations platform.

Hurricane Dorian affects Florida sea ports

Dorian, currently a Category 5 hurricane on Sunday night local time, is approaching the southeastern coast of the United States from Florida to the Carolinas.

The storm is expected to affect all Florida seaports on the Atlantic side. Below the ports that are currently affected:

Miami ports:

• South Florida Container Terminal – closed at noon, August 30, for vessel operations.
• POMTOC’s gate closed on August 30 to prepare the terminal for Hurricane Dorian.

Port Everglades:

• Port Condition ZULU in effect since 6pm, September 1 –  sustained tropical storm force winds are expected to reach the port within the next 12 hours. Port Everglades will be closed to all operations unless specifically approved by the authority.

Jacksonville and Tampa:

• Port Condition WHISKEY in effect – still open to all commercial traffic and all transfer operations.

Florida airports are monitoring the path of the hurricane closely, but have not announced any closures yet.

We will continue to monitor the hurricane and will provide updates. Please contact your local DACHSER representative if you have any questions.

Hurricane Dorian update

As of September 3 (EDT at the US), Dorian is weakened to a category 2 hurricane. However, it brings significant and damaging impact to five states at the southeast coast of the US this week, from Florida's east coast to parts of Georgia, South Carolina, North Carolina and possibly southeast Virginia, with the peak impact is expected to arrive on September 6.

Port update:

• Wilmington, North Carolina: Port will be closed September 4. 
• Charleston, South Carolina: Port will be closed September 4 and September 5.
• Savannah, Georgia: Port will be closed on September 3 and September 4.
• Jacksonville, Florida: Terminals remain closed to all commercial traffic for the duration of Hurricane Dorian.
• Miami, Florida: Ports are closed to vessels and shore-side operations.

Airport update:

• Miami airport is currently operational and Fort Lauderdale Airport re-opened at noon on September 3.

Our DACHSER offices in Miami and Plantation, FL will remain closed on September 3 and will re-open on September 4.

DACHSER will continue to monitor the developments and will provide updates. Please contact your local representative if you have any questions.

Brexit checklist - what should you watch out for?

What should DACHSER customers pay attention to in the case of a hard Brexit?
Delays when it comes to border crossing would be a major challenge in the case of a hard Brexit - the other would be the new bureaucratic burden of goods traffic with Great Britain. First and foremost, longer waiting times through border controls and customs clearance of all goods should be expected under WTO rules. For companies that send shipments to and from the UK, we have summarized them in our Brexit checklist that can be downloaded below:

The new DACHSER magazine is here!

DACHSER’s European overland transport network has expanded over the years. The secret has always been putting the right pieces of the puzzle in the right places to complete the overall picture.