Estructura Incoterms 2010 reglas: 10 articulos

1

A THE SELLER’S OBLIGATIONS

General obligations of the seller Licences, authorizations, security

clearances and other formalities Contracts of carriage and

insurance Delivery Transfer of risks Division of costs Notice to the buyer Delivery document Checking – packaging – marking Assistance with information and

related costs

B THE BUYER’S OBLIGATIONS

General obligations of the buyer Licences, authorizations, security

clearances and other formalities Contracts of carriage and

insurance Taking delivery Transfer of risks Division of costs Notice to the seller Proof of delivery Inspection of goods Assistance with information and

related costs

FAS & FOB

2

¿Por qué están usando las reglas de Incoterms en forma ‘incorrecta’?

BATALLA ABOGADOS

Is ICC ‘right’ in labelling them ‘wrong’?

3

Container - FCL

Inland terminal - LCL

Port terminal - LCL

Quay On board

Passing of riskFCA

FOB

Transferencia de Riesgo debe coincidir con la pérdida de control (Passing of risk

should coincide with loss of control)

Administrative formalities and L/C

conditions are ‘abstract’ and look

at facts

FAS

4

Bank (L/ C – factoring - …) Insurance (transport – credit …) Customs at the place of departure (preliminary export declaration, EUR 1 …) Chamber of Commerce (CoO, ATA …) Administrative control (export license, health certificates …) Inspection (Preshipment …) Customer (proforma, invoice …) Carriage / …

Inspection of the goods Weighing, measuring, counting Certification, analysis …

Preparation of the shipment Packing, labeling, marking Warehousing, stowage (FCL) Instructions carriage

Preliminary Export Declaration Presenting goods Export Declaration Certificate of Origin …

Loading … Precarriage (CMR …) Insurance

Formalities Legalisaton … (FOD Foreign Affairs,

ambassy …)

Unloading Warehousing and handling (grouping, repacking, relabeling, THC, CSC …) Insurance

Formalities Presentation documents and goods at customs of exportation (final SAD, …) Verification goods Inspection (weighing, measuring, counting, …), control Scanning, …

Documents Nation - forwarder Carrier Customs agent Bank, insurance, …

PLTC Loading, stowing, trimming, … Documents (B/ L, mate’s receipt …)

FAS

FOB

FAS (… named port of shipment)

7

Port customs

Free Alongside Ship – franco al costado del buque

8

FAS Amberes (Antwerp)

Transshipment (Heavy lift charges, …)FAS >< FOQProof of exportL/C

FOB (… named port of shipment)

9

FOB Additional Service – FOB + I / C&I – FOBs – FOBst – Port customs …

Free On Board – franco a bordo

10

FOB Antwerp – RotterdamTHC – consolidation costsLate departureDamage & loss in terminalL/C transshipment, ….

FCA but:Proof of exportationLocal costs (THC …) THC for seller’s accountL/C

Structure of the Incoterms® rules: 10 articles

11

A THE SELLER’S OBLIGATIONS

General obligations of the seller Licences, authorizations, security

clearances and other formalities Contracts of carriage and

insurance Delivery Transfer of risks Division of costs Notice to the buyer Delivery document Checking – packaging – marking Assistance with information and

related costs

B THE BUYER’S OBLIGATIONS

General obligations of the buyer Licences, authorizations, security

clearances and other formalities Contracts of carriage and

insurance Taking delivery Transfer of risks Division of costs Notice to the seller Proof of delivery Inspection of goods Assistance with information and

related costs

12

Incoterms and transfer of title

Delivery vs. legal ownership Delivery Incoterms ® Rules Legal ownership contract national law

Legal title – economic ownership (title – property – ownership) B/L’s Leasing - retention of title – consignment

stock Contract – Accounting – Customs – VAT -

…

Product sales will be recorded as revenue upon passage of title of goods from the company to a third party customer.  All sales should be made on shipping terms of "FOB shipping point". Accordingly, passage of title is deemed to occur upon physical delivery of goods to a common carrier. All invoices should specify in the conditions of sale that title to the goods shall pass to the buyer upon delivery to the carrier (i.e., shipping terms are FOB shipping point).  In international markets, the terms utilized to convey "FOB shipping point" may be different (e.g. CIF, EXW, FCA).  We should not sell products on terms that are legally considered to be "FOB destination point."

VAT art. 14.1 Directive 2006/112/EC.

"Supply of goods" shall mean the transfer of the right to dispose of tangible property as owner.

IAS 18.14: Revenue arising from the sale of goods should be recognised when all of the following criteria have been satisfied: [IAS 18.14] 1. the seller has transferred to the buyer the significant risks and

rewards of ownership 2. the seller retains neither continuing managerial involvement to

the degree usually associated with ownership nor effective control over the goods sold

3. the amount of revenue can be measured reliably 4. it is probable that the economic benefits associated with the

transaction will flow to the seller, and 5. the costs incurred or to be incurred in respect of the transaction

can be measured reliably