Derecho Aduanero

Incoterms

They are rules established by the International Chamber of Commerce (ICC), in Original updated every 10 years; the last update was in 2010, and Entered into force in 2011. The incoterms Were created by the purpose of Establishing the Responsibilities and Obligations of Both the seller and buyer When the goods are in transit to end Their destination and it's used in international Contracts of sale or quotations, it is Important to note That Is Considered a universal language in trade, in order That there is harmony at the time of the transaction.

These terms regulate the commerce in the bylaws into contracts to buy and sell goods and include the price, quantity and characteristics of the freight. Every international contract contains them now.

Incoterms are 11 terms worldwide known and they are divided into 4 groups:

GROUP E:

• EXW: EX-WORKS

These terms exempts the exporter or seller of any responsibility but to put the goods available for the buyer on site on his own country. So the transportations costs, duties, insurance and risk of loss are taken by the buyer or importer.

GROUP F:

• FAS: FREE ALONGSIDE SHIP

Seller is responsible of moving goods from their factory to place them alongside the ship at the port of export. Starting that moment the buyer is responsible of all risk and expenses that good might incurring.

• FCA: FREE CARRIER

Seller delivers the goods to the carrier and may be responsible for clearing the goods for export (filing the EEI). More realistic than EXW because it includes loading at pick-up, which is commonly expected, and sellers are more concerned about export violations.

• FOB: FREE ON BOARD

Risk goes with the buyer, including payment of all transportation and insurance costs, once delivered on board the ship by the seller. One step more than FAS.

GROUP C:

• CFR: COST AND FREIGHT

Exporter delivers freight and risk passes to buyer when on board the ship. Seller arranges and pays cost and freight to the named destination port.

• CIF: COST, INSURANCE AND FREIGHT

Risk passes to buyer when delivered on board the ship. Seller arranges and pays cost, freight and insurance to destination port on behalf of buyer and entitles to buyer in case of damage or stolen or loss during international transport.

• CPT: CARRIAGE PAID TO

Seller delivers goods to the carrier at a set point, shifting risk to the buyer, but seller must pay cost of carriage to the named place of destination. Risk of loss transfers to the buyer once the goods are transferred to the carrier and the buyer must insure the goods from that time on.

• CIP: CARRIAGE AND INSURANCE PAID TO

Seller delivers goods to the carrier at an agreed place, shifting risk to the buyer, but seller pays carriage and insurance to the named place of destination. The buyer is responsible for all costs, and assumes the risk of loss from that point forward.

GROUP D:

• DAT: DELIVERED AT TERMINAL

Seller assumes costs, risk and responsibility until goods are unloaded (delivered) at named dock, warehouse, yard, or terminal at destination. Stay or detention charges may apply to seller. Seller clears goods for export, not import. DAT substitutes DEQ, DES.

• DAP: DELIVERED AT PLACE:

Seller takes on cost, risk and responsibility for goods until made available to buyer at named place of destination. Seller clears goods for export, not import. DAP replaces DAF, DDU.

• DDP: DELIVERED DUTY PAID

Seller takes over cost, risk and responsibility for cleared goods at named place of destination at buyer’s disposal. Buyer is responsible for unloading. Seller is responsible for import clearance, duties and taxes so buyer is not “importer of record”.

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