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International Trade Procedures and Documentation



                      Notes         International Maritime Organization, etc. were also active in interpreting the trade terms during
                                    the 2000 revision. All sections of the trading community reflected their views in a manner that
                                    led to the actual trading practices and solutions to problems faced by traders being incorporated
                                    in Incoterms-2000. The huge response surpassing all previous record of incoterms revisions has
                                    made it clear that INCOTERMS enjoy worldwide recognition among trading nations, institutions
                                    and above all, among trading parties. The International Chamber of Commerce therefore decided
                                    that delivery terms should be tailor-made as expected by the trading community and other
                                    stakeholders and emphasis was given to consolidation of Incoterms. The changes that were
                                    made and incorporated in 2000 revision of Incoterms are as follows:

                                    1.   The procedure for clearance of customs and payment of duties obligations under FAS and
                                         DEQ was ensured as requested by trading community.
                                    2.   The procedure of the loading and unloading obligations of cargo under FCA was ensured
                                         as per trading community requirements.
                                    The very interesting fact is that all such changes have taken place only on the basis of rigorous
                                    substantive research among users of incoterms. Hence the 2000 revision of incoterms reflected
                                    the most participative, democratic and realistic trade mechanism represented according to the
                                    wishes of actual stakeholders in international trade in the liberalised era.

                                    Incorporating INCOTERMS

                                    Incoterms must provide clarity and consistency in the trade transactions, particularly when
                                    being incorporated in international sales contracts, used for assigning carriers for transportation
                                    of goods and determining the export pricing. For example, if the goods are to be shipped from
                                    Kolkata on FOB terms, the exporter shall quote it as FOB Kolkata (Incoterms 2000) everywhere
                                    in contract of carriage, international sales contract, marine insurance certificate, commercial
                                    invoice, consular invoice, certificate of origin, certificate of inspection, shipment advice, shipping
                                    bill or combined transport bill, etc. so as to show consistency and clarity in various documents
                                    being used in international trade. Such clarity helps the exporter in realization of payment
                                    under D/A, D/P and L/C terms of payments.
                                    The failure on the part of the exporter in incorporating the right version of Incoterm may cause
                                    a dispute between the exporter and importer and may lead to a costly process of litigation and
                                    arbitration. It is, therefore, advisable that the exporter should particularly take care of such
                                    circumstances to avoid ambiguity in international trade deals.

                                    Various Types of INCOTERMS

                                    As per the ICC revision of incoterms in 2000, there are thirteen types of incoterms and these are
                                    divided into four distinct groups as outlined below:
                                    1.   Group E: Group E Incoterms indicate that the goods shall be made available to the importer
                                         at the exporter’s premises; for example, at the exporter’s factory gate.
                                    2.   Group F: Group F indicates that the exporter must deliver the goods to a carrier that has
                                         been appointed by the importer for carrying the goods to destination.
                                    3.   Group C: Group C indicates that the exporter is liable for losses and damages only up to
                                         the port of shipment and all losses and damages subsequent to exporter delivery of cargo
                                         to shipping company and any additional cost or charges, etc. shall be borne by the importer.
                                         The exporter accepts the obligation of all risks of losses or damages to the cargo only
                                         before the start of the cargo’s journey.
                                    4.   Group D:  The Incoterms under Group D indicate that the exporter will be having
                                         obligations and responsibility to incur all the costs, charges and other risks that may be




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