New Incoterms on the Way
The International Chamber of Commerce (ICC) completed its review of Incoterms 2000 earlier this year and the new version, Incoterms 2010, will become effective January 1, 2011. Although the official ICC publication will not be available until September this year, news is already circulating about possible changes in the international trade terms.
The most notable change apparently is that, for the first time, the number of Incoterms will be reduced, from the present number of thirteen, to eleven. If correct, all of these changes will be taking place in the “D” group, with four of the five terms being eliminated and two new terms being introduced.
The terms supposedly being eliminated from Incoterms 2010 include DAF (Delivered at Frontier), DES (Delivered ex Ship), DEQ (Delivered ex Quay) and DDU (Delivered Duty Unpaid). These four terms are being replaced by DAT (Delivered at Terminal) and DAP (Delivered at Place). The DDP (Delivered Duty Paid) term will remain.
The new terms should help to simplify some of the overlap, up to now, with the old D terms. For example, DES, DEQ and DDU all placed responsibility on the seller to bring the goods to the destination place, which in many, if not all, cases would have been a Port. These three terms also placed responsibility for risk of liability on the seller up until the destination “delivery” point. Introduction of the new terms will presumably have the effect of simplifying these multiple terms.
Another exciting development regarding the new terms is that they will apparently address domestic transportation requirements. This will be good news for shippers who have voiced concerns for years that Incoterms did not provide a suitable alternative to domestic FOB terms. The new version should also help reinforce the position of the ICC as the main patron of international shipping terms of sale, especially since shipping terms were removed from the UCC (Uniform Commercial Code) in the United States in 2004.
Other rumoured changes include more emphasis on multimodal terms, acknowledgement of modern cargo security programs, and a change of “delivery” point for some terms. The latter would be a critical change since it refers to the point at which risk (liability) transfers to the buyer; as a result, buyers should review the new terms to ensure they clearly understand when cargo insurance should apply.
The issue of title/ownership remains unchanged in the new version, with Incoterms suggesting a remedy to this issue is better found elsewhere, notably in the buyer/seller contract of sale. As with every new edition of Incoterms, it is worth reminding shippers that it is not mandatory to upgrade to the new version. In fact, many shippers will probably continue using Incoterms 2000 for several years. More importantly, buyers and sellers should review the new terms to determine if there is any advantage in switching to the new version, and ensure any changes are clearly understood, and documented, between contracting parties.
If you haven’t already done so, now is the time to order the new Incoterms 2010 publication, available from the ICC, or your local Chamber of Commerce.
The ICC provides solutions for companies trading internationally in over 130 countries around the world. More information can be found on the ICC web site at www.iccwbo.org.

