Understanding Incoterms
Incoterms are standard trade definitions most commonly used in international sales contracts. Devised and published by the International Chamber of Commerce (ICC), they are at the heart of world trade. Among the best known Incoterms are EXW (Ex works), FOB (Free on Board), CIF (Cost, Insurance and Freight), DDU (Delivered Duty Unpaid), and CPT (Carriage Paid To).
ICC introduced the first version of Incoterms — short for “International Commercial Terms” — in 1936. Since then, ICC expert lawyers and trade practitioners have updated them six times to keep pace with the development of international trade.
Most contracts made after 1st January 2000 will refer to the latest edition of Incoterms, which came into force on that date. The correct reference is to “Incoterms 2000”. Unless the parties decide otherwise, earlier versions of Incoterms — like Incoterms 1990 — are still binding if incorporated in contracts that are unfulfilled and date from before 1st January 2000. Versions of Incoterms preceding the 2000 edition may still be incorporated into future contracts if the parties so agree. However, this is not recommended because the latest version is designed to bring Incoterms into line with the latest developments in commercial practice.
The English text is the original and official version of Incoterms 2000, which have been endorsed by the United Nations Commission on International Trade Law (UNCITRAL). Authorized translations into 31 languages are available from ICC national committees.
Correct use of Incoterms goes a long way to providing the legal certainty upon which mutual confidence between business partners must be based. To be sure of using them correctly, trade practitioners need to consult the full ICC texts, and to beware of the many unauthorized summaries and approximate versions that abound on the web.
As the guardian and originator of Incoterms, ICC has a responsibility to consult regularly all parties interested in international trade to keep Incoterms relevant, efficient and up-to-date. This is a long and costly process for ICC, which is a non-governmental, self-financed organization. The work is financed out of sales of Incoterms 2000 and related publications, which are protected by copyright.
Internet: <http://www.iccwbo.org/incoterms/understanding.asp> (with adaptations).
Com base no texto acima, redija um texto em Língua Portuguesa que aborde necessariamente os seguintes aspectos:
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o conceito de “Incoterms”;
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alguns dos “Incoterms” mais conhecidos;
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a relevância da correta utilização dos “Incoterms” nos contratos internacionais;
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o papel da ICC com relação aos “Incoterms”.