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Incoterms 2010 박세운 (ICC Korea 국제금융위원 위원장) assw@changwon. ac. kr 010 -8509 -7376 1 Incoterms 2010 박세운 (ICC Korea 국제금융위원 위원장) [email protected] ac. kr 010 -8509 -7376 1

Guidance Paper on The Use of Sanction Clauses in Trade Related Products (Document No. Guidance Paper on The Use of Sanction Clauses in Trade Related Products (Document No. 470/1129 rev – 26 March 2010) • The Use of Sanction Clauses in Trade Related Products (e. g. Letters of Credit, Documentary Collections and Guarantees) subject to ICC Rules Examples of sanction clauses Presentation of document(s) that are not in compliance with the applicable anti-boycott, anti-money laundering, antiterrorism, anti-drug trafficking and economic sanctions laws and regulations is not acceptable. Applicable laws vary depending on the transaction and may include United Nations, United States and/or local laws. 2

Examples of sanction clauses [Bank] complies with the international sanction laws and regulations issued Examples of sanction clauses [Bank] complies with the international sanction laws and regulations issued by the United States of America, the European Union and the United Nations (as well as local laws and regulations applicable to the issuing branch) and in furtherance of those laws and regulations, [Bank] has adopted policies which in some cases go beyond the requirements of applicable laws and regulations. Therefore [Bank] undertakes no obligation to make any payment under, or otherwise to implement, this letter of credit (including but not limited to processing documents or advising the letter of credit), if there is involvement by any person (natural, corporate or governmental) listed in the USA, EU, UN or local sanctions lists, or any involvement by or nexus with Cuba, Sudan, Iran or Myanmar, or any of their governmental agencies. ” 3

Examples of sanction clauses Trade and economic sanctions ('sanctions') imposed by governments, government agencies Examples of sanction clauses Trade and economic sanctions ('sanctions') imposed by governments, government agencies or departments, regulators, central banks and/or transnational organisations (including the United Nations and European Union) impact upon transactions involving countries, or persons resident within countries currently including Balkans, Belarus, Cote d' Ivoire (Ivory Coast), Lebanon, Liberia, Rwanda, Sierra Leone, Somalia, Syria, the Democratic Republic of Congo, Uzbekistan, Afghanistan, Iraq, Myanmar ( Burma), North Korea, Cuba, Zimbabwe and Sudan. Issuing bank and all of its related bodies corporate might be subject to and affected by, sanctions, with which it will comply. Please contact issuing bank for clarification before presenting documents to issuing bank for negotiation or undertaking any dealings regarding this credit involving countries or persons affected by sanctions. Issuing bank is not and will not be liable for any loss or damage whatsoever associated directly or indirectly with the application of sanctions to a transaction or financial service involving issuing bank. Issuing bank is not required to perform any obligation under this credit which it determines in its discretion will, or would be likely to, contravene or breach any sanction. This clause applies notwithstanding any inconsistency with the current edition of the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits. ” 4

Incoterms의 등장배경 • 국제무역 ≒ 물품무역 ≒ 국제물품매매 • FOB, CIF 등 정형거래조건(trade term)의 Incoterms의 등장배경 • 국제무역 ≒ 물품무역 ≒ 국제물품매매 • FOB, CIF 등 정형거래조건(trade term)의 사용 • 물품이 매도인으로부터 매수인에게 이르기까지 물품에 관한 위험과 비용, 운송, 수출입통관 등을 누가 부담하는지 문제를 해결 • 국가나 지역에 따라 상이한 해석 ⇒ 불필요한 오 해와 분쟁 발생 ⇒ 거래비용의 증가 • ICC는 1936년 Incoterms 제정 • 1953년, 1967년, 1976년, 1980년, 1990년, 2000 년, 2010년에 각각 개정 5

Incoterms의 의의 • • “International Commercial Terms” “정형거래조건통일규칙” “정형거래조건의 해석에 관한 국제적 통일규칙” “국내·국제거래조건의 Incoterms의 의의 • • “International Commercial Terms” “정형거래조건통일규칙” “정형거래조건의 해석에 관한 국제적 통일규칙” “국내·국제거래조건의 사용에 관한 규칙” (rules for the use of domestic and international trade terms) • 국제물품매매협약(CISG)과 함께 양대 매매규범 • 매도인의 물품인도의무와 그 인접의무에 관하여 상세히 규정 6

Incoterms 2010 개정경위 • ICC 상사법무위원회(Commission on Commercial Law and Practice: CLP) • 초안그룹(Drafting Incoterms 2010 개정경위 • ICC 상사법무위원회(Commission on Commercial Law and Practice: CLP) • 초안그룹(Drafting Group) • 국내위원회(National Committee: NC) 의견 수렴 • 제 1차 초안: 2009. 2. 20. • 제 2차 초안: 2009. 9. 18. • 제 3차 초안: 2010. 1. 21. • 2010. 5. 6. CLP의 최종안 승인 • 2010. 9. 16. ICC 이사회 의결, 9. 27. 공표 7

Incoterms 2010의 상표등록 • 등록상표 <Incoterms® 2010> • ≠ “incoterms”, “INCOTERMS”, “Incoterm” • “Incoterms Incoterms 2010의 상표등록 • 등록상표 • ≠ “incoterms”, “INCOTERMS”, “Incoterm” • “Incoterms 2010 rules” 8

대표적 개정사항 (1) • DAT, DAP의 신설, DAF, DES, DEQ, DDU 폐지 • 13 대표적 개정사항 (1) • DAT, DAP의 신설, DAF, DES, DEQ, DDU 폐지 • 13 ⇒ 11개로 감소 • DAFㆍDESㆍDDU ⇒ DAP로 통합 • DEQ ⇒ DAT로 발전 • DAT: “물품이 목적지에서 운송수단으로부터 양 하된 상태로 매수인의 처분하에 놓인 때” • DAP: 물품이 도착지에서 운송수단에 실린 채 양 하준비된 상태로 매수인의 처분하에 놓인 때” 9

대표적 개정사항 (2) • Rules for Any Mode or Modes of Transport (어떠한 단일 대표적 개정사항 (2) • Rules for Any Mode or Modes of Transport (어떠한 단일 또 는 복수의 운송방식에 사용가능한 규칙) • Rules for Sea and Inland Waterway Transport (해상운송 과 내수로운송에 사용 가능한 규칙) • 운송방식불문조건 • 해상운송(전용)조건 • EXW, FCA, CPT, CIP, DAT, DAP, DDP (7) • FAS, FOB, CFR, CIF (4) 10

분류기준 변경이유 • FCAㆍCPTㆍCIP 등 운송방식불문조건 전 면 배치 ⇒ 활성화 유도 • 컨테이너화물에 분류기준 변경이유 • FCAㆍCPTㆍCIP 등 운송방식불문조건 전 면 배치 ⇒ 활성화 유도 • 컨테이너화물에 FOBㆍCFRㆍCIF가 오용되 는 문제 해결 • 예컨대, 매매물품이 컨테이너로 운송됨에 도 FCA가 아닌 FOB를 사용하는 경우에, (1) 위험부담과 (2) 적하보험과 관련하여 문제가 발생할 수 있음. 11

Incoterms 2010 주요개정내용 • • 국내거래 및 국제거래 겸용화 “본선의 난간”(ship’s rail) 폐기 “사용지침”(Guidance Incoterms 2010 주요개정내용 • • 국내거래 및 국제거래 겸용화 “본선의 난간”(ship’s rail) 폐기 “사용지침”(Guidance Note) 명명 전자적 통신(Electronic communication) 강화 부 보 - Institute Cargo Clauses (LMA/IUA) 등 보안통관(security clearance) THC 명확화 연속매매(string sale) 반영 - 일차산품매매(sale of commodity) 12

실무상 유의점 • Incoterms 2010의 자치규범성 ☞ “FCA Busan CY Incoterms 2010” • 적절한 실무상 유의점 • Incoterms 2010의 자치규범성 ☞ “FCA Busan CY Incoterms 2010” • 적절한 Incoterms의 선택 • 지정장소/지정항구의 정확한 명시 ☞ “FCA 38 Cours Albert 1 er, Paris, France, Incoterms 2010”. • Incoterms 2010의 임의규칙성 • Incoterms 규칙의 응용 13

Incoterms 2010의 흠결사항 • 매수인의 대금지급방법에 관하여 침묵 • 계약의 성립에 관하여 침묵 • Incoterms 2010의 흠결사항 • 매수인의 대금지급방법에 관하여 침묵 • 계약의 성립에 관하여 침묵 • 의무위반에 대한 구제에 관하여 침묵 • 물품의 소유권에 관하여 침묵 ☞ Incoterms는 자족적 매매규범으로 부족 ☞ Incoterms는 국제물품매매협약(CISG) 및 계약의 준거법(국내법)에 의존함. 14

개별 정형거래조건의 구조 SELLER’ OBLIGATIONS • • • A 1 General obligations of the 개별 정형거래조건의 구조 SELLER’ OBLIGATIONS • • • A 1 General obligations of the seller A 2 Licenses, authorizations, security clearances and other formalities A 3 Contracts of carriage and insurance A 4 Delivery A 5 Transfer of risks A 6 Allocation of costs A 7 Notices to the buyer A 8 Delivery document A 9 Checking–packaging–marking A 10 Assistance with information and related cost BUYER’ OBLIGATIONS • • • B 1 General obligations of the buyer B 2 Licenses, authorizations, security clearances and formalities B 3 Contracts of carriage and insurance B 4 Taking delivery B 5 Transfer of risks B 6 Allocation of costs B 7 Notices to the seller B 8 Proof of delivery B 9 Inspection of goods B 10 Assistance with information and related costs 15

Rules for Any Mode or Modes of Transport • • EXW (Ex Works, 공장인도) Rules for Any Mode or Modes of Transport • • EXW (Ex Works, 공장인도) FCA (Free Carrier, 운송인인도) CPT (Carriage Paid To, 운송비지급인도) CIP (Carriage and Insurance Paid to, 운송비·보험료지급인도) DAT (Delivered At Terminal, 도착터미널인도) - New DAP (Delivered At Place, 도착장소인도) - New DDP (Delivered Duty Paid, 관세지급인도) 16

Rules for Any Mode or Modes of Transport General Obligations (A 1 & B Rules for Any Mode or Modes of Transport General Obligations (A 1 & B 1) Seller Buyer • Provide the goods and • Pay the price. the commercial invoice. • Provide any other evidence of conformity. • Document may be an equivalent electronic record or procedure. 17

Rules for Any Mode or Modes of Transport Customs Formalities (A 2 & B Rules for Any Mode or Modes of Transport Customs Formalities (A 2 & B 2) • Under EXW, both Export and Import formalities by Buyer. • Under FCA, CPT, CIP, DAT & DAP ☞ Export formalities by Seller ☞ Import formalities by Buyer • Under DDP, both Export and Import formalities by Seller 18

Rules for Any Mode or Modes of Transport Contract of Carriage (A 3 a Rules for Any Mode or Modes of Transport Contract of Carriage (A 3 a & B 3 a) By Seller as an obligation By Buyer as an obligation • CPT • FCA • CIP • DAT • DAP • Note: In case of EXW, neither Seller nor Buyer bears obligation • DDP 19

Rules for Any Mode or Modes of Transport Contract of Insurance (A 3 b Rules for Any Mode or Modes of Transport Contract of Insurance (A 3 b & B 3 b) • EXW & FCA ☞ Neither party is under obligation. ☞ But Seller must provide information necessary for insurance. • CPT, DAP & DDP ☞ Neither party is under obligation. ☞ But Seller & Buyer must provide information necessary for insurance. • CIP - Seller’s obligation 20

Rules for Any Mode or Modes of Transport Contract of Insurance under CIP A Rules for Any Mode or Modes of Transport Contract of Insurance under CIP A 3 b • Minimum cover as provided by Clauses (C) of the Institute Cargo Clauses (LMA/IUA) etc. • Without covering the Institute War Clauses and/or Institute Strikes Clauses (LMA/IUA) etc. • Insurance shall cover, at a minimum, the price provided in the contract plus 10% (i. e. , 110%). • Insurance shall cover the goods from the point of delivery to at least the named place of destination. • Seller must provide Buyer with the insurance policy or other evidence of insurance cover. 21

Rules for Any Mode or Modes of Transport EXW – Delivery (A 4) • Rules for Any Mode or Modes of Transport EXW – Delivery (A 4) • Deliver the goods by placing at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. 22

Rules for Any Mode or Modes of Transport EXW – Transfer of Risk (A Rules for Any Mode or Modes of Transport EXW – Transfer of Risk (A 5 & B 5) Seller • bears risks until delivery. Buyer • bears risks from delivery. • If fails to give notice of B 7, then bears risks from the agreed date or the expiry date of the agreed period for delivery, subject to identification as the contract goods. 23

Rules for Any Mode or Modes of Transport EXW – Allocation of Costs (A Rules for Any Mode or Modes of Transport EXW – Allocation of Costs (A 6 & B 6) Seller must pay • costs until delivery. Buyer must pay • costs from delivery. • additional costs incurred by failing either to take delivery of the goods or to give notice of B 7. • duties etc. & costs of carrying out customs formalities payable upon export (and import). • reimburse for assistance. 24

Rules for Any Mode or Modes of Transport FCA - Delivery (A 4) • Rules for Any Mode or Modes of Transport FCA - Delivery (A 4) • Deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place of delivery. 25

Rules for Any Mode or Modes of Transport FCA - Delivery (A 4) (continued) Rules for Any Mode or Modes of Transport FCA - Delivery (A 4) (continued) • If the named place is Seller’s premises, goods must be loaded on the means of transport provided by Buyer. • In any other case, the goods must be placed at the disposal of the carrier or another person nominated by Buyer on Seller’s means of transport ready for unloading. 26

Rules for Any Mode or Modes of Transport FCA – Transfer of Risk (A Rules for Any Mode or Modes of Transport FCA – Transfer of Risk (A 5 & B 5) Seller • bears risks until delivery. Buyer • bears risks from delivery. • If fails to nominate a carrier or to give relevant notice of B 7, or if the carrier fails to take the goods, then bears risks from (i) the agreed date, (ii) the date notified by the seller, or (iii) the expiry date of agreed period for delivery. 27

Rules for Any Mode or Modes of Transport FCA – Allocation of Costs (A Rules for Any Mode or Modes of Transport FCA – Allocation of Costs (A 6 & B 6) Seller must pay Buyer must pay • costs until delivery. • costs from delivery. • costs of customs formalities necessary for export. • additional costs incurred because (i) buyer fails to nominate a carrier, (ii) carrier fails to take the goods, or (iii) buyer fails to give notice of B 7. • costs of customs formalities necessary for import etc. including duty. 28

Rules for Any Mode or Modes of Transport CPT & CIP - Delivery (A Rules for Any Mode or Modes of Transport CPT & CIP - Delivery (A 4) • Deliver the goods by handing them over to the carrier or another person nominated by Seller. 29

Rules for Any Mode or Modes of Transport CPT & CIP – Transfer of Rules for Any Mode or Modes of Transport CPT & CIP – Transfer of Risk B 5) Seller • Bears risks until delivery. (A 5 & Buyer • Bears risks from delivery. • If fails to give notice, bear risks from the agreed date or the expiry date of the agreed period for delivery. 30

Rules for Any Mode or Modes of Transport CPT – Allocation of Costs 1 Rules for Any Mode or Modes of Transport CPT – Allocation of Costs 1 Seller must pay (A 6) • costs until delivery. • freight and other costs from contract of carriage, including the costs of loading and unloading that were for the seller’s account under the contract of carriage. • costs of customs formalities necessary for export. • costs for transport through any country that were for the seller’s account under the contract of carriage. 31

Rules for Any Mode or Modes of Transport CPT – Allocation of Costs 2 Rules for Any Mode or Modes of Transport CPT – Allocation of Costs 2 Buyer must pay (A 6) • costs from delivery. • costs and charges relating to the goods while in transit unless the were for the seller’s account under the contract of carriage. • unloading costs, unless they were for the seller’s account under the contract of carriage. • additional costs incurred if buyer fails to give notice. • costs of customs formalities necessary for import etc. including duty. • costs for transport through any country, unless included within the cost of the contract of carriage. 32

Rules for Any Mode or Modes of Transport CIP – Allocation of Costs 1 Rules for Any Mode or Modes of Transport CIP – Allocation of Costs 1 Seller must pay (A 6) • costs until delivery. • freight and other costs from contract of carriage, including the costs of loading and unloading that were for the seller’s account under the contract of carriage. • costs of insurance • costs of customs formalities necessary for export. • costs for transport through any country that were for the seller’s account under the contract of carriage. 33

Rules for Any Mode or Modes of Transport CIP – Allocation of Costs 2 Rules for Any Mode or Modes of Transport CIP – Allocation of Costs 2 Buyer must pay (A 6) • costs from delivery. • costs and charges relating to the goods while in transit unless they were for the seller’s account under the contract of carriage. • unloading costs, unless they were for the seller’s account under the contract of carriage. • additional costs incurred if buyer fails to give notice. • costs of customs formalities necessary for import etc. including duty. • costs for transport through any country, unless included within the cost of the contract of carriage. • costs of additional insurance procured at his request. 34

Rules for Any Mode or Modes of Transport DAT - Delivery (A 4) • Rules for Any Mode or Modes of Transport DAT - Delivery (A 4) • Unload the goods from the arriving means of transport and then deliver them by placing them at the disposal of the buyer at the named terminal at the port or place of destination. • “Terminal” includes any place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal. 35

Rules for Any Mode or Modes of Transport DAT – Transfer of Risk (A Rules for Any Mode or Modes of Transport DAT – Transfer of Risk (A 5 & B 5) Seller Buyer • Bears risks until delivery. • Bears risks from delivery. • If fails to fulfil obligations of B 2, then bears risks resulting there from. • If fails to give notice of B 7, then bears risks from the agreed date or the expiry date of the agreed period for delivery. 36

Rules for Any Mode or Modes of Transport DAT – Allocation of Costs (A Rules for Any Mode or Modes of Transport DAT – Allocation of Costs (A 6 & B 6) Seller must pay • costs until delivery, Buyer must pay including transport costs. • costs of customs formalities necessary for export. • cost for transport through any country prior to delivery. • costs from delivery. • additional costs incurred by Seller if Buyer fails to fulfil obligations of B 2 or to give notice of B 7. • costs of customs formalities necessary for import etc. including duty. 37

Rules for Any Mode or Modes of Transport DAP & DDP - Delivery (A Rules for Any Mode or Modes of Transport DAP & DDP - Delivery (A 4) Deliver the goods by placing them at the disposal of the buyer on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination. 38

Rules for Any Mode or Modes of Transport DAP & DDP – Transfer of Rules for Any Mode or Modes of Transport DAP & DDP – Transfer of Risk B 5) (A 5 & Seller Buyer • Bears risks until delivery. • Bears risks from delivery. • If fails to fulfil obligations of B 2, then bears risks resulting therefrom. • If fails to give notice of B 7, then bears risks from the agreed date or the expiry date of the agreed period for delivery. 39

Rules for Any Mode or Modes of Transport DAP – Allocation of Costs (A Rules for Any Mode or Modes of Transport DAP – Allocation of Costs (A 6 & B 6) Seller must pay Buyer must pay costs until delivery, including • costs from delivery. transport costs. • • costs of unloading unless they any charges for unloading at are for the seller’s account under the place of destination that • the contract of carriage. were for the seller’s account under • the contract of carriage. costs for transport through any country prior to delivery. additional costs incurred by Seller if Buyer fails to fulfil obligations costs of customs formalities necessary for export. • • of B 2 or to give notice of B 7. • costs of customs formalities for import etc. including duty. 40

Rules for Any Mode or Modes of Transport DDP – Allocation of Costs (A Rules for Any Mode or Modes of Transport DDP – Allocation of Costs (A 6 & B 6) Seller must pay Buyer must pay • costs until delivery, including • costs from delivery. transport costs. • • costs of unloading unless they any charges for unloading at the were for the seller’s account place of destination that were for under the contract of carriage. the seller’s account under the contract of carriage. • additional costs incurred by Seller • costs of customs formalities if Buyer fails to fulfil obligations necessary for export & import. • of B 2, or to give notice of B 7. costs for transport through any country prior to delivery. 41

Rules for Any Mode or Modes of Transport Notices under EXW (A 7 & Rules for Any Mode or Modes of Transport Notices under EXW (A 7 & B 7) Seller’s notices Buyer’s notices • Notice needed to enable • Whenever entitled to Buyer to take delivery of the determine the time within an goods. agreed period and/or the point of taking delivery within the named place, give Seller sufficient notice thereof. 42

Rules for Any Mode or Modes of Transport Notices under FCA A 7 & Rules for Any Mode or Modes of Transport Notices under FCA A 7 & B 7 Seller’s notices Buyer’s notices • Notice that goods have been • Name of the carrier or delivered, OR • Notice that carrier or another person nominated by Buyer has failed to take goods within the time agreed. another person nominated. • Selected time within period agreed for delivery. • Mode of transport. • Point of taking delivery within the named place. 43

Rules for Any Mode or Modes of Transport Notices under CPT & CIP A Rules for Any Mode or Modes of Transport Notices under CPT & CIP A 7 & B 7 Seller’s notices Buyer’s notices • Notice that the goods • Notice whenever entitled to have been delivered. • Notice needed in order determine the time for dispatching the goods and/ to allow the buyer to or the named place of take the goods. destination or the point of receiving goods within that place. 44

Rules for Any Mode or Modes of Transport Notices under DAT A 7 & Rules for Any Mode or Modes of Transport Notices under DAT A 7 & B 7 Seller’s notices Buyer’s notices • Notice needed in order • Notice whenever entitled to allow Buyer to take to determine the time measures that are within an agreed period normally necessary and/or the point of to take delivery of the taking delivery at the goods. named terminal. 45

Rules for Any Mode or Modes of Transport Notices under DAP & DDP A Rules for Any Mode or Modes of Transport Notices under DAP & DDP A 7 & B 7 Seller’s notices Buyer’s notices • Notice needed in order • Notice whenever entitled to allow Buyer to take to determine the time measures that are within an agreed period normally necessary and/or the point of to enable Buyer to take taking delivery within the delivery of the goods. named place of destination. 46

Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B 8) under EXW & FCA EXW FCA • No obligation of Seller. • Seller must provide Buyer, at • Buyer must provide Seller with appropriate evidence of having taken delivery. Seller’s expense, with usual proof of delivery. • Seller must provide assistance to Buyer, at Buyer’s request, risk and expense, in obtaining a transport document. 47

Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B 8) under CPT & CIP • Seller must provide, at his expense, Buyer with the usual transport document, if customary or at Buyer’s request, enabling Buyer to claim goods from the carrier at the named place of destination and enabling Buyer to sell the goods in transit by transfer of the document to a subsequent buyer or by notification to the carrier. 48

Ⅱ. Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & Ⅱ. Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B 8) under DAT, DAP & DDP • Seller must provide Buyer, at Seller’s expense, with a document enabling Buyer to take delivery of the goods. • Transport document or Delivery order. 49

Rules for Any Mode or Modes of Transport Checking–packaging–marking by Seller (A 9) • Rules for Any Mode or Modes of Transport Checking–packaging–marking by Seller (A 9) • Seller pays the costs of those checking operations (such as checking quality, measuring, weighing, counting). • Seller must, at its own expense, package the goods, unless the goods sold are unpackaged in transport. • Packaging is to be marked appropriately. 50

Rules for Any Mode or Modes of Transport Inspection of goods (B 9)- PSI Rules for Any Mode or Modes of Transport Inspection of goods (B 9)- PSI Cost • Seller must pay the costs of PSI mandated by the country of export. • Buyer must pay the costs of PSI mandated by the country of import. ☞ PSI: pre-shipment inspection 51

Rules for Any Mode or Modes of Transport Assistance with information and related costs Rules for Any Mode or Modes of Transport Assistance with information and related costs (A 10 & B 10) • Provide with or render assistance in obtaining any documents and information, including securityrelated information that the other party needs for the transport of or export or import of the goods, or for their transport through any country. • Reimburse all costs and charges incurred by the other party. 52

Rules for Sea land & Inland Waterway Transport • FAS (Free Alongside Ship, 선측인도) Rules for Sea land & Inland Waterway Transport • FAS (Free Alongside Ship, 선측인도) • FOB (Free On Board, 본선인도) • CFR (Cost & Freight, 운임포함인도) • CIF (Cost Freight & Insurance, 운임ㆍ보험료포함인도) 53

Rules for Sea and Inland Waterway Transport General Obligations (A 1 & B 1) Rules for Sea and Inland Waterway Transport General Obligations (A 1 & B 1) Seller • Provide the goods and the commercial invoice. • Provide any other evidence of conformity. • Document may be an equivalent electronic record or procedure. Buyer • Pay the price. • Document may be an equivalent electronic record or procedure. 54

Rules for Sea and Inland Waterway Transport Customs Formalities (A 2 & B 2) Rules for Sea and Inland Waterway Transport Customs Formalities (A 2 & B 2) • Under FAS, FOB, CFR, CIF ☞ Export formalities by Seller ☞ Import formalities by Buyer 55

Rules for Sea and Inland Waterway Transport Contract of Carriage (A 3 a & Rules for Sea and Inland Waterway Transport Contract of Carriage (A 3 a & B 3 a) By Seller as an obligation By Buyer as an obligation • CFR • CIF • FAS • FOB • Note: In case of FAS, FOB, Buyer may ask Seller to arrange the carriage contract on buyer’s behalf. 56

Rules for Sea and Inland Waterway Transport Contract of Insurance (A 3 b & Rules for Sea and Inland Waterway Transport Contract of Insurance (A 3 b & B 3 b) • FAS, FOB, CFR ☞ Neither party is under obligation. ☞ But Seller must provide Buyer information necessary for insurance. • CIF - Seller’s obligation 57

Rules for Sea and Inland Waterway Transport Contract of Insurance under CIF A 3 Rules for Sea and Inland Waterway Transport Contract of Insurance under CIF A 3 b • Minimum cover as provided by Clauses (C) of the Institute Cargo Clauses (LMA/IUA) etc. • Without covering the Institute War Clauses and/or Institute Strikes Clauses (LMA/IUA) etc. • Insurance shall cover, at a minimum, the price provided in the contract plus 10% (i. e. , 110%). • Insurance shall cover the goods from the point of delivery to at least the named place of destination. • Seller must provide Buyer with the insurance policy or other evidence of insurance cover. 58

Rules for Sea and Inland Waterway Transport FAS - Delivery (A 4) • Deliver Rules for Sea and Inland Waterway Transport FAS - Delivery (A 4) • Deliver the goods either by placing them alongside the ship nominated by the buyer at the named port of shipment or by procuring the goods so delivered. 59

Rules for Sea and Inland Waterway Transport FAS – Transfer of Risk (A 5 Rules for Sea and Inland Waterway Transport FAS – Transfer of Risk (A 5 & B 5) Seller Buyer • bears risks until delivery. • bears risks from delivery. • If Buyer fails to nominate a carrier or to give relevant notice of B 7, or if the carrier fails to take the goods, bears risks from (i) the agreed date, (ii) the date notified by the seller, or (iii) the expiry date of agreed period for delivery. 60

Rules for Sea and Inland Waterway Transport FAS – Allocation of Costs (A 6 Rules for Sea and Inland Waterway Transport FAS – Allocation of Costs (A 6 & B 6) Seller must pay Buyer must pay • Costs until delivery. • Costs from delivery. • Costs of customs formalities necessary for export. • Additional costs incurred because (i) Buyer fails to nominate a Carrier fails to carrier, or (ii) take the goods, or (iii) Buyer fails to give notice of B 7. • Costs of customs formalities for import etc. including duty. 61

Rules for Sea and Inland Waterway Transport FOB - Delivery (A 4) • Deliver Rules for Sea and Inland Waterway Transport FOB - Delivery (A 4) • Deliver the goods either by placing them on board the vessel nominated by the buyer at the named port of shipment or by procuring the goods so delivered. 62

Rules for Sea and Inland Waterway Transport FOB – Transfer of Risk (A 5 Rules for Sea and Inland Waterway Transport FOB – Transfer of Risk (A 5 & B 5) Seller • bears risks until delivery. Buyer • bears risks from delivery. • If Buyer fails to nominate a carrier or to give relevant notice, or if Carrier fails to take the goods, bears risks from (i) the agreed date, (ii) the date notified by the seller, or (iii) the expiry date of agreed period for delivery. 63

Rules for Sea and Inland Waterway Transport FOB – Allocation of Costs (A 6 Rules for Sea and Inland Waterway Transport FOB – Allocation of Costs (A 6 & B 6) Seller must pay Buyer must pay • Costs until delivery. • Costs from delivery. • Costs of customs formalities necessary for export. • Additional costs incurred because (i) Buyer fails to nominate a carrier, (ii) carrier fails to take the goods, or (iii) buyer fails to give notice. • Costs of customs formalities necessary for import etc. including duty. 64

Rules for Any Mode or Modes of Transport CFR & CIF - Delivery (A Rules for Any Mode or Modes of Transport CFR & CIF - Delivery (A 4) • Deliver the goods either by placing them on board the vessel or by procuring the goods so delivered. 65

Rules for Sea and Inland Waterway Transport CFR & CIF – Transfer of Risk Rules for Sea and Inland Waterway Transport CFR & CIF – Transfer of Risk B 5) Seller • Bears risks until delivery. (A 5 & Buyer • Bears risks from delivery. • If fails to give notice, bear risks from the agreed date or the expiry date of the agreed period for delivery. 66

Rules for Sea and Inland Waterway Transport CFR – Allocation of Costs 1 Seller Rules for Sea and Inland Waterway Transport CFR – Allocation of Costs 1 Seller must pay (A 6) • Costs until delivery. • Freight and other costs from contract of carriage, including the costs of loading and unloading that were for the seller’s account under the contract of carriage. • Costs of customs formalities necessary for export. • Costs for transport through any country that were for the seller’s account under the contract of carriage. 67

Rules for Sea and Inland Waterway Transport CFR – Allocation of Costs 2 Buyer Rules for Sea and Inland Waterway Transport CFR – Allocation of Costs 2 Buyer must pay (A 6) • Costs from delivery. • Costs and charges relating to the goods while in transit unless they were for the seller’s account under the contract of carriage. • Unloading costs, unless they were for the seller’s account under the contract of carriage. • Additional costs incurred if buyer fails to give notice. • Costs of customs formalities necessary for import etc. Including duty. • Costs for transport through any country, unless included within the cost of the contract of carriage. 68

Rules for Sea and Inland Waterway Transport CIF – Allocation of Costs 1 Seller Rules for Sea and Inland Waterway Transport CIF – Allocation of Costs 1 Seller must pay (A 6) • Costs until delivery. • Freight and other costs from contract of carriage, including the costs of loading and unloading that were for the seller’s account under the contract of carriage. • Costs of insurance • Costs of customs formalities necessary for export. • Costs for transport through any country that were for the seller’s account under the contract of carriage. 69

Rules for Sea and Inland Waterway Transport CIF – Allocation of Costs 2 Buyer Rules for Sea and Inland Waterway Transport CIF – Allocation of Costs 2 Buyer must pay (A 6) • Costs from delivery. • Costs and charges relating to the goods while in transit unless they were for the seller’s account under the contract of carriage. • Unloading costs, unless they were for the seller’s account under the contract of carriage. • Additional costs incurred if buyer fails to give notice. • Costs of customs formalities necessary for import etc. including duty. • Costs for transport through any country, unless included within the cost of the contract of carriage. • Costs of additional insurance procured at his request. 70

Rules for Any Mode or Modes of Transport Notices under FAS & FOB (A Rules for Any Mode or Modes of Transport Notices under FAS & FOB (A 7 & B 7) Seller’s notices Buyer’s notices • Notice that goods have been • Vessel name delivered, OR • Notice that the vessel has failed to take goods within • Loading point • Delivery time within the agreed period. the time agreed. 71

Rules for Any Mode or Modes of Transport Notices under CFR & CIF (A Rules for Any Mode or Modes of Transport Notices under CFR & CIF (A 7 & B 7) Seller’s notices Buyer’s notices • Notice needed in order to • Notice whenever entitled to allow the buyer to take determine the time for measures that are normally shipping the goods and/or the necessary to enable the buyer point of receiving the goods to take the goods. within the named port of destination. 72

Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B 8) under FAS & FOB • Usual proof of delivery. • Provide assistance to Buyer, at Buyer’s request, risk and expense, in obtaining a transport document. 73

Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B Rules for Any Mode or Modes of Transport Delivery Documents (A 8 & B 8) under CFR & CIF • Seller must provide, at his expense, Buyer with the usual transport document enabling Buyer to claim goods from the carrier at the named place of destination and enabling Buyer to sell the goods in transit by transfer of the document to a subsequent buyer or by notification to the carrier. 74

Rules for Any Mode or Modes of Transport Checking–packaging–marking by Seller (A 9) • Rules for Any Mode or Modes of Transport Checking–packaging–marking by Seller (A 9) • Seller pays the costs of those checking operations (such as checking quality, measuring, weighing, counting). • Seller must, at its own expense, package the goods, unless the goods sold are unpackaged in transport. • Packaging is to be marked appropriately. 75

Rules for Any Mode or Modes of Transport Inspection of goods (B 9)- PSI Rules for Any Mode or Modes of Transport Inspection of goods (B 9)- PSI Cost • Seller must pay the costs of PSI mandated by the country of export. • Buyer must pay the costs of PSI mandated by the country of import. ☞ PSI: pre-shipment inspection 76

Rules for Any Mode or Modes of Transport Assistance with information and related costs Rules for Any Mode or Modes of Transport Assistance with information and related costs (A 10 & B 10) • Provide with or render assistance in obtaining any documents and information, including securityrelated information that the other party needs for the transport of or export or import of the goods, or for their transport through any country. • Reimburse all costs and charges incurred by the other party. 77

Thank you! Q&A 78 Thank you! Q&A 78