Incoterms® 2020 FCA and CPT: Best practice for shipping containers through ports (2024)

This guidance paper is relevant to users of the lncoterms® 2020 rules for shipping goods in containers through ports anywhere in the world.

Introduction
This guidance paper responds to a key issue in port practice highlighted in a 2023 worldwide survey carried out by the ICC Commission on Commercial Law and Practice on the use of the lncoterms® rules in major ports internationally: the frequent mismatch between the chosen lncoterms® rule and the practical realities of shipping goods in containers through ports. This guidance paper is relevant to users of the lncoterms® 2020 rules for shipping goods in containers through ports anywhere in the world.

Guidance paper
The survey reveals that the top two considerations for traders when selecting a lncoterms® rule are

  1. Controlling freight costs
  2. Clarifying risk transfer

Where goods are shipped in containers through a port at departure and/or at arrival, the lncoterms® 2020 rules FCA and CPT provide the best matching point to delineate freight cost and transfer risk:

  • "FCA container terminal [port of departure] lncoterms® 2020"
  • ''CPT container terminal [port of arrival] lncoterms® 2020"

The traditional maritime lncoterms® rules FOB, CFR, and CIF have an on-board point of delivery that is not suitable for containers since users have in practice no control over the start of freight cost and transfer of risk up to or after this point. This mismatch has for years given rise to additional costs, Terminal Handling Charges (THC) overcharge/double charging in ports, uncertainty, and disputes.

The trading community will benefit greatly by shifting practice away from the traditional maritime terms FOB, CFR, and CIF and replacing them with the lncoterms® 2020 rules which are far more suitable for containers: FCA, CPT, and CIP.

FCA and CPT (or CIP if insurance cover is agreed) are in reality the "updated" maritime lncoterms® rules for containers, identifying what actually happens to containers, rather than pretending that the old maritime terms adequately describe the container trade. The FCA/CPT/CIP rules are designed to control freight cost and risk transfer for all goods shipped in containers through a port since they define the appropriate point to transfer freight costs and risk.

This guidance paper was drafted by the Co-chairs and the Special Adviser of the ICC lncoterms® 2020 Drafting Group: Christoph Martin Radtke, David Lowe, and Charles Debottista together with Professor GAO Xiong, Executive Chair of the ICC China Commission on Commercial Law and Practice.

Published on 26 February 2024 in English.

Dieses und viele weitere Praxisthemen besprechen wir in unserem Webinar "Incoterms® 2020".

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Incoterms® 2020 FCA and CPT: Best practice for shipping containers through ports (2024)

FAQs

What is the difference between FCA and CPT Incoterms 2020? ›

The same buyer responsibilities apply to CPT as to FCA. However, there is one difference; the seller pays the delivery costs. However, it is still the seller's responsibility to deliver the goods to the buyer's carrier.

What does FCA Incoterms 2020 mean? ›

What does FCA Mean in shipping terms? The FCA Incoterm is an agreement that means “Free Carrier,” where the seller's obligations are to deliver the cargo to an agreed-upon port, known as the “Named Place.” The seller is responsible for exporting the shipment, and all steps before that.

Which Incoterm is best for container shipping? ›

FOB or Free On Board on ocean freight

This is probably the most used Incoterm for sea freight. Under FOB, the seller is obliged to leave the goods free on board of the vessel at the port of origin, packed and cleared for transport.

Who pays freight in FCA Incoterms? ›

Under the Free Carrier, or FCA Incoterms® rule, the buyer is responsible for all freight costs.

What are the Incoterms rules for FCA 2020? ›

Under the Incoterms 2020 rules, FCA means the seller loads the goods on the buyer's transport at the seller's premises, or the seller delivers them to another named place. Most often, the buyer hires a transport that picks up the goods at the seller's warehouse.

Is FCA the same as CPT? ›

CPT can be used for all forms of transport and is similar to an FCA agreement; however, unlike FCA, the delivery point is not a defined location. While CPT is not a common Incoterm, there are unique situations where it can be used.

What are the disadvantages of FCA? ›

FCA disadvantages

If the buyer does not provide the seller with the carrier's details or booking information, directly or through their carrier, the buyer loses any claims against the seller and is likely in breach of the contract.

Who is responsible for damage with FCA Incoterms? ›

– Buyer's Liability: From the moment the goods are delivered to the carrier, the risk transfers to the buyer. Therefore, the buyer becomes liable for any loss or damage to the goods during transit from the named place to the final destination.

What is an example of FCA shipping? ›

Under FCA shipping terms, the seller delivers the goods to the destination named by the buyer. The shipper has responsibility for the goods until they arrive there. The buyer would be responsible for loading the goods for transport. For example, Joe Seller ships goods to Bob Buyer under an FCA shipping term agreement.

What is the Incoterm for port to port? ›

Port to Port Incoterms

These terms are used to determine who is responsible for transportation costs, insurance, and other risks associated with the shipment of goods. The following Incoterms can be applied to a port to port shipping under certain conditions: C-Clause: CFR, CIF, CPT and CIP. D-Clause: DDP, DAP and DAT.

Which Incoterms are inappropriate for container goods? ›

FOB is often misapplied to container shipments. It is inappropriate for container shipments since these involve delivering goods to a carrier at a location away from the port. In such situations, FCA (Free Carrier) is a more suitable term.

What does CPT stand for in Incoterms? ›

Incoterms. When goods are bought or sold "carriage paid" (CPT), this means that the seller delivers the goods to a destination agreed in advance between the seller and the buyer.

What does FCA mean in Incoterms? ›

Under the shipping terms for the FCA Incoterms (short for “Free Carrier”), the seller is responsible for export clearance and delivery of goods to the carrier at the named place of delivery.

Does FCA include container loading? ›

Yes! Free Carrier, or FCA, can be used for all modes of transport, including LCL (less than container load), FCL (full container load), and air.

Who is responsible for packaging in FCA Incoterms? ›

Under the FCA Incoterm, the seller or exporter is accountable for several key aspects: Packaging: The seller is responsible for adequately packaging the goods for safe transport. Conformity and Eligibility: Ensuring that the goods meet contract conditions and export requirements.

What is the difference between FCA and ex works shipping terms? ›

Of all the rules, the EXW term places the least amount of risk on the seller, leaving the buyer with the majority of the responsibility. FCA determines that the risk transfer occurs when the seller loads the goods on the buyer's transport or when the seller delivers the goods to a named place of delivery.

What does CPT mean in Incoterms? ›

Carriage Paid To (CPT) is an international commercial term (Incoterm) denoting that the seller incurs the risks and costs associated with delivering goods to a carrier to an agreed-upon destination. With multiple carriers, the risks and costs transfer to the buyer upon delivery to the first carrier.

What is the difference between FCA and CFR? ›

What Is the Difference Between FCA and CFR? CFR refers to "cost and freight" while FCA refers to "free carrier." FCA stipulates that the seller and buyer must agree on the point of delivery, as that is the point where responsibility passes from the seller to the buyer.

What is CPT Incoterms clearance? ›

Under CPT, the buyer must pay: unloading costs (unless they were paid by the seller under the contract of carriage), any costs of the country of transit (unless they have been paid by the seller under the contract of carriage), any duties, taxes, and other costs for import clearance, where applicable, and.

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