Page 41 - DMGT546_INTERNATIONAL_TRADE_PROCEDURE_AND_DOCUMENTATION
P. 41

International Trade Procedures and Documentation



                      Notes         take necessary precautions to minimize their risks associated with particular trade transactions
                                    through careful planning and execution.
                                    The major function performed by Incoterms is to clarify that costs and risks are split between the
                                    exporter or consignor and importer or consignee in a mutually agreed manner by providing the
                                    clarity of financial implications involved in trade deal to both the parties and the same shall be
                                    included in international sales contract to provide it a legal sanctity for future purposes.



                                       Did u know? The process for evaluation of such incoterms dates back to 1936 when the
                                       International Chamber of Commerce conceived the first version of Incoterms for facilitating
                                       international trade. Since then, there have been six revisions of Incoterms and the current
                                       version being used is Incoterms 2000, revised, updated and published in year 2000. Such
                                       revision and updating has taken place in 1953, 1967, 1976, 1980, 1990 and the current
                                       version is 2000. The current version of Incoterms has come into force on 1 January 2000.

                                    2.2.1 Purpose and Scope of Incoterms

                                    The main purposes served by incoterms are:

                                    1.   Clarity in interpretation of trade terms and rules: Incoterms are globally recognized and
                                         their interpretation provides an important understanding to the trader intending to get
                                         started in international trade in this era of liberalisation, globalisation, privatisation and
                                         marketisation. Both the exporter and importer are clear about their responsibilities and
                                         obligations with regard to international trade transactions and know the financial
                                         implications of the trade deal.
                                    2.   Minimisation of losses: Due to the clarity provided by the Incoterms, international trade
                                         disputes are fewer. It also reduces the transactional cost of international trade, providing
                                         a well-defined mechanism of the responsibilities and obligations. Uncertainties due to
                                         different interpretations of such trade terms in various countries can be avoided or can be
                                         reduced by considerable degree by use of incoterms.

                                    3.   Base of contract of sale: Incoterms used in trade deal are the base of that deal. Although;
                                         some people misinterpret it as the base of contract of carriage only but incoterms have
                                         wider connotations with regards to various aspects of trade deals. Their scope is not
                                         limited only to clarify the responsibilities and obligations with respect to carriage or
                                         transport of goods. They help in not only deciding the export price to be offered in
                                         quotation but also in explaining other responsibilities and obligations of exporters and
                                         importers with regard to arrangement of insurance, mode of shipment, customs and
                                         excise clearance, payments of duties, etc. This is the main reason that the International
                                         Chamber of Commerce has clearly underlined and explained that incoterms deal with the
                                         relationship between the exporter and importer in contract of sales and that too in a very
                                         distinct manner.
                                         Incoterms being the base of international sales contract; also help in contracts of carriage
                                         for delivering the goods to the buyers, arranging the insurance for goods and financing
                                         for the exporter. Banks calculate the finances (working capital) required for manufacturing
                                         the goods for trade deal and exclude the amount to be used on transportation, insurance,
                                         duty payment, etc. as incoterms such as DDP may have higher export price quotation due
                                         to various duties and obligations to be performed by the exporter.

                                    4.   Documentary evidence: Let us assume the exporter and importer have agreed to the use of
                                         CFR or CIF-based international sales contract. The exporter has problem in sending the
                                         goods via any other means of transport except by ocean transport. If the exporter sends



            36                               LOVELY PROFESSIONAL UNIVERSITY
   36   37   38   39   40   41   42   43   44   45   46