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Incoterms 2010
(ICC Publication 715)
FIBA-FELABAN
XXVII Latin American Conference on
Foreign Trade (CLACE)

Buddy Baker, Global Trade Solutions

Fifth Third Bank
[email protected]
(312) 704-6942
 Walter (Buddy) Baker
Walter (Buddy) Baker has over 30 years of experience in international trade finance. In May 2009 he joined
Fifth Third Bank as the head of their Global Trade Solutions Delivery team. Fifth Third is one of the 20 largest
banks in the US and provides a full range of risk mitigation and financing products for exporters and importers.
Prior to Fifth Third, Buddy worked for Atradius Trade Credit Insurance, ABN AMRO Bank, Bank of America,
Wachovia Bank, and The First National Bank of Chicago.
Buddy is a recognized expert in trade finance and author of numerous magazine articles and the books Users
Handbook to Documentary Credits under UCP600, Documentary Payments & Short-Term Trade Finance, and
The Regulatory Environment of Letters of Credit and Trade Finance. He owns the consulting firm Global Trade
Risk Management Strategies, which specializes in educational training, and makes frequent presentations for
national associations of exporters, importers, bankers and lawyers. Mr. Baker serves as a member-at-large of
the National Letter of Credit Committee of the International Financial Services Association and is actively
involved in establishing national and worldwide standard practices for LCs, such as the recent revision of the
Uniform Customs and Practice for Documentary Credits (referred to as UCP600), the official ICC guide for
examining letter of credit documents, called the International Standard Banking Practices for the Examination
of Documents under Documentary Credits, the eUCP supplement to the UCP dealing with electronic
documents, the International Standby Practices, and Article 5 of the Uniform Commercial Code. He acts as an
advisor to the Wolfsberg Group, an international group that includes most of the largest banks in the world
whose purpose is to set standards for combating money laundering, and to the Institute for International
Banking Law and Practice. Buddy also serves on the Board of Directors of the Association of International
Credit and Trade Finance Professionals (ICTF), a multinational association of export credit managers.
Buddy earned his undergraduate degree at Yale University and his MBA at Northwestern. He can be reached
at (312) 704-6942 or [email protected].
 Introduction
What are the Incoterms?
Who is responsible for arranging transportation and
insurance?
Who pays for the packing, freight, and insurance?
At what point does the risk of damage change hands?
Why are the Incoterms needed?
Competing terms
American Foreign Trade Definitions
UCC trade terms
When do you use the Incoterms?
Incoterms 2010 became effective January 1, 2011
 Incoterms 2000
Ex Works EXW

Free Carrier FCA

Free Alongside FAS
Free On Board FOB

Cost & Freight CFR

Cost, Insurance, & Freight CIF
Carriage Paid to CPT
Carriage & Insurance Paid to CIP

Delivered at Frontier DAF

Delivered Ex Ship DES
Delivered Ex Quay DEQ
Delivered Duty Unpaid DDU
Delivered Duty Paid DDP
 Incoterms 2000
Ex Works EXW

Free Carrier FCA

Free Alongside FAS
Free On Board FOB

Cost & Freight CFR

Cost, Insurance, & Freight CIF
Carriage Paid to CPT
Carriage & Insurance Paid to CIP

Delivered at Frontier Delivered at Place DAF DAP

Delivered Ex Ship Delivered at Place DES DAP
Delivered Ex Quay DEQ
Delivered Duty Unpaid Delivered at Place DDU DAP
Delivered Duty Paid DDP
 Incoterms 2000
Ex Works EXW

Free Carrier FCA

Free Alongside FAS
Free On Board FOB

Cost & Freight CFR

Cost, Insurance, & Freight CIF
Carriage Paid to CPT
Carriage & Insurance Paid to CIP

Delivered at Frontier Delivered at Place DAF DAP

Delivered Ex Ship Delivered at Place DES DAP
Delivered Ex Quay Delivered at Terminal DEQ DAT
Delivered Duty Unpaid Delivered at Place DDU DAP
Delivered Duty Paid DDP
 Terms Confined to Port-to-Port Shipments
Ex Works EXW

Free Carrier FCA

Free Alongside FAS
Free On Board FOB

Cost & Freight CFR

Cost, Insurance, & Freight CIF
Carriage Paid to CPT
Carriage & Insurance Paid to CIP

Delivered at Frontier Delivered at Place DAF DAP

Delivered Ex Ship Delivered at Place DES DAP
Delivered Ex Quay Delivered at Terminal DEQ DAT
Delivered Duty Unpaid Delivered at Place DDU DAP
Delivered Duty Paid DDP
The 3 Incoterms Used Most Often
 Free Carrier (FCA)
Transfer of responsibility occurs at the place of
receipt by the carrier
 Free Carrier (FCA)
Sellers primary duties:
Deliver goods at the named point into the custody
of the carrier named by the Buyer
Provide export clearance

Provide evidence of delivery of the goods to the

carrier
Buyers primary duties:
Nominate carrier

Contract for the carriage & pay the freight

Free Carrier (FCA)
 Free Carrier (FCA)
Typical documents:
Commercial Invoice

Usual document evidencing delivery of the goods to

the carrier, such as:
Air waybill
Truck bill of lading
Multimodal transport document
 Carriage Paid to (CPT)
Transfer of responsibility occurs at the place
goods are received by the carrier

Seller Buyer
 Carriage Paid to (CPT)
Sellers primary duties:
Contract for the carriage and pay the freight

Deliver the goods into the custody of the first carrier

Provide export clearance

Furnish Buyer with documents

Buyers primary duties:

Accept delivery of the goods from the first carrier

Receive the documents

Carriage Paid to (CPT)
 Carriage Paid to (CPT)
Typical Documents:
Commercial invoice

Usual transport document, such as a combined

transport document or an air waybill
 Carriage & Insurance Paid to (CIP)
Transfer of responsibility occurs at the place
goods are received by the carrier

INSURANCE AT SELLERS EXPENSE TO DESTINATION

 Carriage & Insurance Paid to (CIP)
Sellers primary duties:
Contract for carriage & pay the freight

Deliver the goods to first carrier

Provide export clearance

Contract for insurance & pay premium

Furnish the Buyer with documents

Buyers primary duties:

Accept delivery of the goods with first carrier

Receive the documents

Carriage & Insurance Paid to (CIP)
 Carriage & Insurance Paid to (CIP)
Typical Documents:
Commercial invoice

Usual transport document

Export license

Insurance policy or certificate of open policy

The Incoterm Misused Most Often
 Free On Board (FOB)
Transfer of responsibility occurs on board vessel
at the port of loading
 Free On Board (FOB)
Sellers primary duties:
Deliver the goods on board

Provide export clearance

Provide clean on board receipt (bill of lading)

Pay loading costs

 Free On Board (FOB)
Buyers primary duties:
Nominate carrier

Contract for the carriage & pay for the freight

Pay unloading costs

Pay loading costs--to the extent that they are

included in the freight
Free On Board (FOB)
 Free On Board (FOB)
Typical documents:
Commercial invoice

Customary clean receipt--on board bill of lading

Export license (if required)

Transfer of Title
 Transfer of Title
Not covered by the Incoterms
When there is a title document
Should be specified in the contract of sale

If not covered in the contract of sale

but the sale is covered by the
U.N. Convention on
Contracts for the International Sale of Goods (CISG),
title transfers when goods are delivered as per the contract
 The UN Convention on
Contracts for the International Sale of Goods

Created by UNCITRAL and adopted by the United Nations

on April 11, 1980
Became a multilateral treaty on January 1, 1988, after being
adopted by 11 countries
Also known as the Vienna Convention
Now adopted by 76 countries; see
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/
1980CISG_status.html
Text may be downloaded at
http://www.uncitral.org/pdf/english/texts/sales/cisg/V105699
7-CISG-e-book.pdf
 Countries that Have Ratified the CISG
Albania Cyprus Hungary Mongolia Slovenia
Argentina Czech Republic Iceland Montenegro Spain
Armenia Denmark Iraq Netherlands Sweden
Australia Dominican Israel New Zealand Switzerland
Austria Republic Italy Norway Syrian Arab
Belarus Ecuador Japan Paraguay Republic
Belgium Egypt Kyrgystan Peru Macedonia
Bosnia and El Salvador Latvia Poland Turkey
Herzegovina Estonia Lebanon Romania Uganda
Bulgaria Finland Lesotho Republic of Korea Ukraine
Burundi France Liberia Russian Federation United States of
Canada Gabon Lithuania Saint Vincent and America
Chile Georgia Luxembourg the Grenadines Uruguay
China Germany Mauritania Serbia Uzbekistan
Colombia Greece Mexico Singapore Venezuela
Croatia Guinea Moldova Slovakia Zambia
Cuba Honduras

Brazil, India, South Africa, and the United Kingdom are notable
non-signatories
If you can read this, your
settings are not optimal for
printing this presentation and
will draw certain graphics
incorrectly. Please re-print
using the Color setting,
even if printing using a black
& white printer.

Incoterms 2010
(ICC Publication 715)
FIBA-FELABAN
XXVII Latin American Conference on
Foreign Trade (CLACE)

Buddy Baker, Global Trade Solutions

Fifth Third Bank
[email protected]
(312) 704-6942