Title: Managing Incoterms 2010 risks: tension with trade and banking practices

Authors: Roberto Bergami

Addresses: Practice of International Trade, School of International Business, Victoria University, P.O. Box 14428, Melbourne, Victoria 8001, Australia

Abstract: Incoterms 2010, issued by the International Chamber of Commerce and effective from 1 January 2011, is a set of rules for the delivery of product between sellers and buyers that is routinely incorporated into international contracts of sale. Incoterms 2010, outline, on a mutually exclusive basis, the rights, duties, obligations and responsibilities of sellers and buyers in the discharge of their respective contractual obligations. Properly used, Incoterms 2010 are an effective risk management tool. However, old trading practices create tension with modern transport practices and Incoterms 2010, potentially increasing risks for traders. For example, the term free on board (FOB) is not recommended for maritime containers, because of transport risk transfer considerations, yet it is known that a significant proportion of traders still use FOB in their international contracts. Banking practices also appear to be lagging behind, and in the case of letter of credit FOB transactions, documentary demands are placed on sellers that are at times contrary to the Incoterms 2010 recommendations. This paper considers the impact of outdated trade and banking practices and their likely impact on traders, concluding that an enterprise risk management approach is required, incorporating specific staff training, to modernise trade practices and reduce organisational risk.

Keywords: Incoterms 2010; international delivery terms; enterprise risk management; ERM; international delivery risks; international payment risks; letters of credit; L/C; UCP 600; bank practices; banking industry; trade practices; international contracts of sale; organisational risk.

DOI: 10.1504/IJEBR.2013.056126

International Journal of Economics and Business Research, 2013 Vol.6 No.3, pp.324 - 338

Published online: 30 Dec 2013 *

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