"国际贸易术语2020：国际商会发布了全新的Incoterms规则"

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国际贸易术语-2020是由国际商会（ICC）发布的一套国际贸易术语规则，旨在规范和统一国际贸易中各种术语的使用，以便在跨境贸易中明确双方责任和风险，并促进贸易的顺利进行。这些术语规则被广泛应用于国际贸易合同中，对于贸易双方以及相关第三方都具有重要的指导作用。 Incoterms规则最早于1936年发布，随着国际贸易的发展和变化，不断进行修订。最新的Incoterms 2020规则于2019年发布，自发布之日起正式生效。这套规则对之前版本进行了修订和更新，以适应当今国际贸易的实际需求和发展趋势。 Incoterms 2020规则共包括11个术语，分为两类：适用于任何运输方式的术语和仅适用于海上运输的术语。适用于任何运输方式的术语包括EXW（Ex Works）、FCA（Free Carrier）、CPT（Carriage Paid To）、CIP（Carriage and Insurance Paid To）、DAP（Delivered at Place）、DPU（Delivered at Place Unloaded）和DDP（Delivered Duty Paid）；仅适用于海上运输的术语包括FAS（Free Alongside Ship）、FOB（Free on Board）、CFR（Cost and Freight）和CIF（Cost, Insurance and Freight）。这些术语规定了货物的交付方式、责任转移时点、费用负担及分摊、运输和保险安排等方面的具体内容。通过合理选择和准确运用这些术语，可以帮助贸易双方明确各自的权利和义务，有效避免因交付方式不清晰而引发的争议和风险。在使用Incoterms 2020规则时，贸易各方应当根据货物性质、运输方式、交付地点和贸易惯例等因素，合理选择适合的术语，并在合同中明确约定具体条款。此外，贸易双方还应当了解和遵守国际贸易惯例和规定，确保合同的履行符合国际法和国际贸易惯例，最大限度地减少不确定性和风险。总之，国际贸易术语-2020是国际贸易中不可或缺的重要工具，对于规范和促进国际贸易具有重要意义。贸易各方应当熟悉并正确运用这些术语规则，以确保贸易合同的顺利履行，促进国际贸易的发展和合作。同时，国际商会（ICC）作为Incoterms规则的发布机构，将继续致力于完善和更新这些规则，以适应国际贸易的新变化和新需求，为全球贸易提供更准确、更高效的指导。

also mentioned in their home article: thus, for example, the costs involved in obtaining documents in FOB

still also appear at A6/B6 as well as at A9/B9. The thinking here was that users interested in discovering the

specic allocation of documentary costs might be more inclined to go to the specic article dealing with

delivery documents rather than to the general article listing all thecosts.

[c] Dierent levels of insurance cover in CIF and CIP

70.

In the Incoterms® 2010 rules, A3 of both CIF and CIP imposed on the seller the obligation to “obtain at its

own expense cargo insurance complying at least with the minimum cover as provided by Clauses (C) of

the Institute Cargo Clauses (Lloyd’s Market Association/International Underwriting Association ‘LMA/IUA’)

or any similar clauses.” Institute Cargo Clauses (C) provide cover for a number of listed risks, subject to

itemised exclusions; Institute Cargo Clauses (A), on the other hand, cover “all risks”, again subject to

itemised exclusions. During the consultations leading to the Incoterms® 2020 rules, the case was made for

moving from Institute Cargo Clauses (C) to Institute Cargo Clauses (A), thus increasing the cover obtained

by the seller for the benet of the buyer. This could, of course, also involve an additional cost in premium.

The contrary case, namely to stay with Institute Cargo Clauses (C), was equally strongly put, particularly by

those involved in the maritime trade of commodities. After considerable discussion within and beyond the

Drafting Group, the decision was made to provide for dierent minimum cover in the CIF Incoterms® rule

and in the CIP Incoterms® rule. In the rst, which is much more likely to be used in the maritime

commodity trades, the status quo has been retained, with Institute Cargo Clauses (C) as the default

position, although it is, of course, open to the parties to agree to higher cover. In the second, namely the

CIP Incoterms® rule, the seller must now obtain insurance cover complying with Institute Cargo Clauses (A),

although it is, of course, again open to the parties to agree on a lower level of cover.

[d] Arranging for carriage with seller’s or buyer’s own means of transport in FCA, DAP, DPU and DDP

71.

In the Incoterms® 2010 rules, it was assumed throughout that where the goods were to be carried from the

seller to the buyer, they would be carried by a third-party carrier engaged for the purpose either by the

seller or the buyer, depending on which Incoterms® rule was used.

72.

It became clear in the deliberations leading to

Incoterms

2020

, however, that there were some situations

where, although the goods were to be carried from the seller to the buyer, they could be so carried

without any third-party carrier being engaged at all. Thus, for example, there was nothing stopping a seller

on a D rule from arranging for such carriage without outsourcing that function to a third party, namely by

using its own means of transportation. Likewise, with an FCA purchase, there was nothing to stop the

buyer from using its own vehicle for the collection of the goods and for their transport to the buyer’s

premises.

73.

The rules appeared not to take account of these eventualities. The Incoterms® 2020 rules now do, by

expressly allowing not only for the making of a contract of carriage, but also for simply arranging for the

necessary carriage.

[e] Change in the three-letter initials for DAT to DPU

74.

The only dierence between DAT and DAP in the Incoterms® 2010 rules was that in DAT the seller delivered

the goods once unloaded from the arriving means of transport into a “terminal”; whereas in DAP, the seller

delivered the goods when the goods were placed at the disposal of the buyer

the arriving means of

transport

for

unloading. It will also be recalled that the Guidance Note for DAT in

Incoterms

2010

dened

the word “terminal” broadly to include “any place, whether covered ornot…”.

75.

ICC decided to make two changes to DAT and DAP. First, the order in which the two Incoterms® 2020 rules

are presented has been inverted, and DAP, where delivery happens before unloading, now appears before

DAT. Secondly, the name of the rule DAT has been changed to DPU (Delivered at Place Unloaded),

emphasising the reality that the place of destination could be any place and not only a “terminal”

However, if that place is not in a terminal, the seller should make sure that the place where it intends to

deliver the goods is a place where it is able to unload the goods.

[f] Inclusion of security-related requirements within carriage obligations and costs

76.

It will be recalled that security-related requirements made a rather subdued entry into the Incoterms® 2010

rules, through A2/B2 and A10/B10 in each rule. The Incoterms® 2010 rules were the rst revision of the

Incoterms® rules to come into force after security-related concerns became so prevalent in the early part of

this century. Those concerns, and the associated shipping practices which they have created in their wake,

are now much more established. Connected as they are to carriage requirements, an express allocation of

security-related obligations has now been added to A4 and A7 of each Incoterms® rule. The costs incurred

by these requirements are also now given a more prominent position in the costs article, namely A9/B9.

[g] Explanatory Notes for Users

77.

The Guidance Notes appearing at the start of each Incoterms® rule in the 2010 version now appear as

“Explanatory Notes for Users”. These Notes explain the fundamentals of each Incoterms® 2020 rule, such as

when it should be used, when risk transfers and how costs are allocated between seller and buyer. The

Explanatory Notes are intended (a) to help the user accurately and eciently steer towards the appropriate

Incoterms® rule for a particular transaction; and (b) to provide those deciding or advising on disputes or

contracts governed by

Incoterms

2020

with guidance on matters which might require interpretation. For

guidance on more fundamental issues that cut across the Incoterms® 2020 rules more generally, reference

may, of course, also be made to the text of thisIntroduction.

X. CAUTION WITH VARIANTS OF INCOTERMS® RULES

78.

Sometimes the parties want to alter an Incoterms® rule. The Incoterms® 2020 rules do not prohibit such

alteration, but there are dangers in so doing. In order to avoid any unwelcome surprises, the parties would

need to make the intended eect of such alterations extremely clear in their contract. Thus, for example, if

the allocation of costs in the Incoterms® 2020 rules is altered in the contract, the parties should also clearly

state whether they intend to vary the point at which delivery is made and the risk transfers to the buyer.

Charles Debattista

Special ICC Advisor

Incoterms® 2020 Drafting Group

36 Stone

Gray’s Inn

London

I am very grateful for comments received on earlier drafts of this personal Introduction to the new rules, both from ICC national committees and from my