CUSTOMS CLEARANCE & INCOTERMS 2010

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1 CUSTOMS CLEARANCE & INCOTERMS 2010 A Knowledge Transfer by Airlift Asia Inc for the Association of SEIPI Logistics Managers November 22, 2012 The Palms Country Club, Muntinlupa

2 2 Hello! My name is Dino Navarra. Marketing Manager for AAI Freightmovers Worldwide Inc. (AAIFWI), the sea freight forwarding arm of the Airlift Asia Inc (AAI) Group of Companies Services International Seafreight Forwarding (FCL / LCL) Conventional and Project Cargo Handling Customs Clearance and Inland Haulage Ship Agency I head Sales & Marketing (Sales and Customer Service). Industry experience = 10 years (since 2002) I m not an expert just a practitioner. Let s learn from each other!

3 3 Course Content Import Customs Clearance Workflow Air Freight Sea Freight Incoterms 2010 Introduction to Incoterms The International Chamber of Commerce (ICC) Introducing Incoterms 2010 How to use Incoterms 2010 Incoterms 2010 Rule Classification Rules for any mode/s of transportation Rules for sea and inland waterway transport Incoterms 2010 Tips Q & A

4 4 IMPORT CUSTOMS CLEARANCE WORKFLOW Air Freight

5 PEZA Air Freight Inbound Releasing & Delivery Receiving Docs: (Airline/ Forwarder/ Consignee) 1. AWB 2. INV 3. P/L Check Arrival Consignee Warehouse IP/Entry Preparation PEZA Pick-up AWB / Break Bulk Process BOC: 1. PEZA 2. Marine 3. Operation/CPCO Payment Storage Process Entry to BOC Warfinger Airline Arrival Pick-up/Delivery Estimated Time of Releasing 4-6 Hr upon arrival

6 Start TRANSSHIPMENT/WAREHOUSE CLEARANCE PROCESS Unloading of cargo from Aircraft 2 hrs from Aircraft arrival CBW-Customs Bonded Whse 2 hours Whse rep assign location of each shpt AOD rep. to under-guard the cargo from aircraft to CBW Airline rep. to check & verify the actual cargo base on the manifest. Input the data of location / HAWB / MAWB / Registry# in the CBW Computer stripping of cargo Transfer cargo to designated areas Payment of Storage Fee Compute the storage fee base on the standard rates 30 mins. Release cargo from CBW 1 Hour AAI representative present the location form to whse locator for location of cargo Deliver cargo to Consignee 2 ½ Hours Secure DR from Import -AAI delivery truck to deliver Cargo within 2 hrs depending on Warehouse location. Note: 6-8 hrs. releasing and delivery from the time of arrival (w/ advance copy of AWB/INV).

7 7 IMPORT CUSTOMS CLEARANCE WORKFLOW Sea Freight

8 8 Import Sea Freight Releasing & Delivery AAI Receive shipping docs BL Commercial Invoice Packing List AAI Monitor shipment arrival AAI or Importer IP / TP preparation AAI Have BL and TP endorsed by the carrier AAI Customs processing PEZA Division Ops Division Pier Inspection Division AAI Payment of arrastre (FCL) Releasing at CFS (LCL) AAI Delivery Delivery Time Line (from completion of shipping docs, including delivery) FCL: 1 to 2 working days LCL: 3 to 4 working days

9 9 INCOTERMS 2010

10 10 Principal parties in international shipping Origin Seller Supplier Shipper Exporter An individual / company that transports goods from one country to another in the course of trade Destination Buyer Procurer Consignee Importer The individual / company that brings goods from a foreign source into the local market in the course of trade

11 11 Introduction to Incoterms Because of globalization, businesses have broader access to markets all over the world. Goods are sold in more countries in larger quantities in greater variety Increase in volume / complexity of global sales = So do possibilities for misunderstandings and costly disputes

12 12 Introduction to Incoterms Short for International Commercial Terms Explains a set of three-letter trade terms reflecting business-to-business practice in contracts for the sale of goods Describes the tasks, costs and risks involved in the delivery of goods from sellers to buyers Minimizes risk of misinterpretation and possible dispute between sellers and buyers First published by the ICC in 1936, regularly updated to keep pace with the development of international trade

13 13 The International Chamber of Commerce (ICC) Founded in Paris in 1919, global network spans over 130 countries Represents the views of the private sector on the practical elements of conducting international trade and investment Implements rules that govern the conduct of business across borders. Although voluntary, these rules are observed in thousands of transactions daily and have become part of the fabric of international trade.

14 14 Introducing Incoterms 2010 Came into effect on January 1, 2011 after 2½ years in review Over 2,000 recommendations from 130 countries Number of rules reduced from 13 to 11 Four terms were eliminated DAF, DEQ, DES, DDU Two were added DAP: Delivered at Place DAT: Delivered at Terminal

15 15 Introducing Incoterms 2010 Other improvements May be used for both international and domestic trade Insurance, electronic documentation, and supply chain security are addressed in more detail, and gender-neutral language is now used References to ship s rail were taken out to clarify that delivery means on-board the vessel (see FOB, CFR and CIF later)

16 16 How to use Incoterms Incorporate the Incoterms 2010 rules into your contract of sale Example: [The chosen Incoterms rule including the named place, followed by] Incoterms 2010

17 17 How to use Incoterms Choose the appropriate Incoterms rule The chosen rule must be appropriate to: the goods the means of transport whether the parties intend to take on additional obligations (e.g. the obligation to organize carriage or insurance)

18 18 How to use Incoterms Specify your place or port as precisely as possible Example: FCA 123 North Main Ave., Laguna Technopark, Biñan, Laguna 4024 Determining exactly when and where delivery occurs is important! Used in Incoterms 2010 rules to indicate where the risk of loss of or damage to the goods passes from the seller to the buyer. Incoterms 2010 specifies when seller delivers to buyer: E, F and C terms: When the seller physically hands over the goods D terms: In buyer s country

19 19 Understand how named place is used Named place = Where delivery takes place and where risk passes from seller to buyer EXW / EX WORKS FCA / FREE CARRIER DAT / DELIVERED AT TERMINAL DAP / DELIVERED AT PLACE DDP / DELIVERED DUTY PAID FAS / FREE ALONGSIDE SHIP FOB / FREE ON BOARD Named place = Differs from the place of delivery but is the place of destination to which carriage is paid CPT / CARRIAGE PAID TO CIP / CARRIAGE AND INSURANCE PAID TO CFR / COST AND FREIGHT CIF / COST INSURANCE AND FREIGHT

20 20 How to use Incoterms Remember that Incoterms rules do not give you a complete contract of sale Incoterms DO say: Which party to the sale contract has the obligation to make carriage or insurance arrangements When the seller delivers the goods to the buyer Which costs each party is responsible for Incoterms DON T: Say the price to be paid or the method of payment Deal with the transfer of ownership of the goods or the consequences of a breach of contract

21 21 Incoterms 2010 Rule Classification Rules for any mode/s of transport EXW / EX WORKS FCA / FREE CARRIER CPT / CARRIAGE PAID TO CIP / CARRIAGE AND INSURANCE PAID TO Rules for sea and inland waterway transport FAS / FREE ALONGSIDE SHIP FOB / FREE ON BOARD CFR / COST AND FREIGHT CIF / COST INSURANCE AND FREIGHT DAT / DELIVERED AT TERMINAL DAP / DELIVERED AT PLACE DDP / DELIVERED DUTY PAID

22 22 RULES FOR ANY MODE/S OF TRANSPORTATION Incoterms 2010

23 23 EXW / EX WORKS EXW (named place of delivery) Incoterms 2010 The seller delivers when it places the goods at the disposal of the buyer at the seller s premises or at another named place (i.e., factory, warehouse, etc.). The seller has no obligation to the buyer to load the goods, nor does it need to clear the goods for export, where applicable. The most preferable term for those new to export as it represents the minimum obligation to the seller.

24 24 FCA / FREE CARRIER FCA (named place of delivery) Incoterms 2010 The seller delivers the goods to the carrier or another person nominated by the buyer at the seller s premises or another named place. A specific address must be identified as risk passes to the buyer at that point. Requires the seller to clear the goods for export, where applicable. More realistic than EXW because it includes loading at pick-up (commonly expected by the buyer) and the seller can take measures to avoid export violations.

25 25 CPT / CARRIAGE PAID TO CPT (named place of destination) Incoterms 2010 The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place, shifting risk to the buyer, but the seller must pay the costs of carriage to the named place of destination. 2 critical points (because risk passes and costs are transferred at different places): Place of delivery = where the risk passes to the buyer Named place of destination = where the seller must arrange carriage It is strongly recommended for the parties to identify as precisely as possible in the contract both the place of delivery and the named place of destination. Requires the seller to clear the goods for export, where applicable. The seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.

26 26 CIP / CARRIAGE AND INSURANCE PAID TO CIP (named place of destination) Incoterms 2010 Similar to CPT but the seller also contracts for insurance cover against the buyer s risk of loss of or damage to the goods during the carriage on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree with the seller or make its own additional insurance arrangements.

27 27 DAT / DELIVERED AT TERMINAL DAT (named terminal at port or place of destination) Incoterms 2010 The seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. Terminal includes any place, whether covered or not (e.g. a quay, warehouse, container yard or road, rail or air cargo terminal). DAT requires the seller to clear the goods for export, where applicable. The seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. If the parties intend the seller to bear risks and costs involved in transporting and handling the goods from the terminal to another place, then the DAP or DDP rules should be used.

28 28 DAP / DELIVERED AT PLACE DAP (named place of destination) Incoterms 2010 The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place. DAP requires the seller to clear the goods for export, where applicable. The seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used.

29 29 DDP / DELIVERED DUTY PAID DDP (named place of destination) Incoterms 2010 The seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination. The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities. All arrangements and costs are borne by the seller, usually with the assistance of agents (freight forwarders and customs brokers). Any VAT or other taxes payable upon import are for the seller s account unless expressly agreed otherwise in the sales contract. Since DDP represents the maximum obligation for the seller, it is not recommended for companies that are new to export.

30 30 DDP / DELIVERED DUTY PAID Example: Four palletized drums of chemicals at USD 40,000, DDP 123 Main St., Santiago, Chile. In this example, for $40,000 total, the exporter arranges and pays for all transit costs, including delivery to a designated facility at 123 Main Street, Santiago, including any insurance coverage and duties/tariff charges. While these costs are added to the product s price and are sometimes itemized on the commercial invoice, the exporter takes full responsibility for the added logistics costs and potential headaches, such as delays at customs, demurrage or detention, or changes in inland or ocean transportation costs. Shipping DDP should only be used by the most experienced exporters. Many details must be considered, such as trade barriers, duties, currency exchange, reputability of service providers, and delivery to the final destination. For example, if your product is a large, custom-made piece of machinery for a factory: Are there local out-of-gauge, heavy lift service providers? Does the road to the factory allow access by an oversized truck? What are the dimensions and capability of the buyer s receiving dock? How will you repair any damage that may occur during transit?

31 31 RULES FOR SEA AND INLAND WATERWAY TRANSPORT Incoterms 2010

32 32 FAS / FREE ALONGSIDE SHIP FAS (named port of shipment) Incoterms 2010 The seller delivers when the goods are placed alongside the vessel (e.g., on a quay or a barge) nominated by the buyer at the named port of shipment. The risk of loss of or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards. FAS requires the seller to clear the goods for export, where applicable. The seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. Where the goods are in containers, it is typical for the seller to hand the goods over to the carrier at a terminal and not alongside the vessel. In such situations the FCA rule should be used.

33 33 FOB / FREE ON BOARD FOB (named port of shipment) Incoterms 2010 The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment. The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards. FOB requires the seller to clear the goods for export, where applicable. The seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. FOB may not be appropriate where goods are handed over to the carrier before they are on board the vessel (e.g., goods in containers, which are delivered to a terminal). In such situations, the FCA rule should be used. Incorrect use of FOB, CFR and CIF for containers means the seller s risk extends beyond physical handing over by the seller.

34 34 CFR / COST AND FREIGHT CFR (named port of destination) Incoterms 2010 The seller delivers when the goods are on board the vessel. The risk of loss of or damage to the goods passes when the goods are on board the vessel. The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination. 2 critical points (because risk passes and costs are transferred at different places): Port of shipment = where the risk passes to the buyer Named port of destination = where the seller must arrange carriage It is strongly recommended for the parties to identify as precisely as possible in the contract the port of shipment. CFR requires the seller to clear the goods for export, where applicable. However the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. CFR may not be appropriate where goods are handed over to the carrier before they are on board the vessel (e.g., goods in containers, which are delivered to a terminal). In such circumstances, the CPT rule should be used. Incorrect use of FOB, CFR and CIF for containers means the seller s risk extends beyond physical handing over by the seller.

35 35 CIF / COST, INSURANCE AND FREIGHT CIF (named port of destination) Incoterms 2010 Similar to CFR but the seller also contracts for insurance cover against the buyer s risk of loss of or damage to the goods during the carriage on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree with the seller or make its own additional insurance arrangements. CIF may not be appropriate where goods are handed over to the carrier before they are on board the vessel (e.g., goods in containers, which are delivered to a terminal). In such circumstances, the CIP rule should be used. Incorrect use of FOB, CFR and CIF for containers means the seller s risk extends beyond physical handing over by the seller.

36 36 INCOTERMS 2010 TIPS

37 37 Incoterms 2010 Tips Incorporate Incoterms into your sale/purchase contracts (the version must be explicitly stated). Have ready access to a copy of Incoterms Recognize the valid 11 Incoterms for a transaction and refer to them by their 3 upper case letter abbreviations. Distinguish between those Incoterms that should be used exclusively for traditional maritime transport, and those appropriate for all transport modes, including intermodal. Understand that Incoterms cover transfer of risks and cost between seller and buyer plus certain responsibilities. Other conditions may need to be specified.

38 38 Incoterms 2010 Tips Adopt Incoterms 2010 as company policy. Your trading partners might not be aware of Incoterms 2010 so help them to become aware. Do not jeopardize your company financially and legally by entering into a contract which might be unenforceable. Specify your named place or port as precisely as possible. The terms can be added to or modified so as to incorporate buyer and seller specific needs, provided that such modification does not contradict the basic Incoterm itself.

39 Q & A

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