NEWSLETTER-2019-metin

7 COMMERCIAL LAW hand, in the CIP, coverages have been extended to Institute Cargo Clauses (A), which are known as “all risks,” subject to certain exclusions, in the marketplaces. The parties are free to agree on higher or lower coverages under both Rules. • Arranging for carriage with seller’s or buyer’s ownmeans of transport in FCA, DAP, DPU and DDP: The previous wording of the Rules have always assumed that a third party would be engaged when the goods had to be carried from the seller to the buyer, as if it were not possible for the seller or the buyer to arrange for carriage through its own means. As this is not the case, the Incoterms® 2020 expressly provides for this opportunity through including in A4/B4 of the terms FCA, DAP, DPU and DDP that the buyer or the seller, as the case may be, must either contract or arrange for the carriage of the goods. • Inclusion of security-related requirements within carria- ge obligations and costs: Security in the movement of goods has attracted more and more attention in international trade in recent years. Although the Incoterms® 2010 also included security-related requirements, the Incoterms® 2020 empha- sizes such requirements and includes their allocation in A4 and A7 of each Rule, regarding carriage and export/import clearances, respectively. Conclusion The Incoterms® 2020, which will take effect as of 1 January 2020, offers a simpler and clearer presentation of all the Rules, enabling us- ers to more easily choose the Incoterms Rule that best suits their sales contract. The horizontal presentation of the Rules, which is included for the first time in the Incoterms, will also assist users in choosing the best Incoterms rule for their commercial requirements, as they will be able to differentiate between each Rule more easily. Changes in terms of contents of the Rules are an outcome of the diligent and extensive work of the ICC and the Drafting Group, which are intended to ac- curately fit the current needs of traders.

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