Lord Arcamo

Lord is responsible for the TFG Weekly Trade Briefings at Trade Finance Global (TFG). He is curious about the world of payments and macro-economics, with a specific focus on supply chains in Asia.

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Choosing the right Incoterm [UPDATED 2026]

Factors to consider when choosing Incoterms

Several factors influence the choice of Incoterm; selecting the right one will depend on the specifics of the trade deal. Some key considerations are:

• Type of goods: The nature of the goods being shipped, including their value, fragility, and perishability, can influence the choice of Incoterm for a transaction. For instance, high-value or fragile items might require terms that ensure better control over shipping and insurance.
• The mode of transport: Some Incoterms are applicable only to maritime transport (FAS, FOB, CFR, CIF), while the others are suitable for rail, overland, and air cargo too.
• Cost responsibilities: Allocating costs between the buyer and seller, including transportation, insurance, and customs duties, is a critical factor. Different Incoterms assign different splits of these costs and can affect the final cost of a shipment.
• Risk and liability: The point at which risk transfers from seller to buyer varies with different Incoterms. Understanding this division helps both parties better manage their responsibilities.
• Trade regulations: Compliance with international trade laws and regulations in the respective countries can affect which Incoterm is most suitable. Some countries, like Brazil, Kenya, and Mexico, have banned foreign insurers from providing coverage under CIF and CIP, while other jurisdictions impose limits on DDP and EXW use.

Incoterms 2026 update

Incoterms were last updated in 2020 and are unlikely to be changed again by the ICC in the next few years.

However, trade restrictions and customs procedures are in constant flux, affecting the application and validity of Incoterms. Recent EU sanctions on Russia and Belarus have complicated the use of the EXW Incoterm, which places all responsibility for transport on the importer. However, in 2025 the EU clarified that even the use of EXW doesn’t discharge exporters from the obligation to comply with EU sanctions.

Court cases can also provide more insight into how each Incoterm applies to borderline scenarios and how their application varies between countries. For example, in 2023, the Italian Supreme Court ruled that Incoterm clauses can also determine the place of delivery, overturning a previous judgment and aligning the Italian interpretation with the international community.

Overview of common Incoterms

There are a total of 11 terms under the Incoterms 2020 rules. These rules came into effect in January 2020 and have remained unchanged since; it is unlikely they will be updated in the near future. The most commonly used of these are: 

• EXW (Ex Works): The buyer takes on most responsibilities, including picking up goods from the seller’s premises and handling all transportation, insurance, and export/import duties. This term is often used when the buyer has strong logistics capabilities.
• FOB (Free on Board): The seller delivers the goods on board a vessel chosen by the buyer. Once the goods are on board, the buyer assumes responsibility. This term is ideal for sea shipments where the buyer wants control over the main leg of the journey.
• CIF (Cost, Insurance, and Freight): The seller pays for the cost, insurance, and freight to the destination port. Risk transfers to the buyer once the goods are loaded on the vessel. This term benefits buyers who prefer the seller to manage shipping and insurance.
• DDP (Delivered Duty Paid): The seller handles all aspects, including duties, until the goods reach the buyer’s premises. The buyer takes on minimal responsibilities, making this term ideal for buyers who want minimal involvement in logistics and duties.

Best Incoterm for different shipping scenarios

Certain shipping situations also lend themselves to specific Incoterms: 

• Small parcels and air freight: FCA (Free Carrier) is flexible and allows the seller to deliver goods to the buyer’s chosen carrier. 
• High-value goods: CIP (Carriage and Insurance Paid To) requires the seller to provide comprehensive insurance coverage, ensuring that the goods are well-protected throughout the journey.
• Bulk commodities via sea: CFR (Cost and Freight) is suitable for bulk shipping by sea, where the seller arranges and pays for transport to the destination port, but the buyer assumes risk once the goods are on board the vessel.
• Door-to-door deliveries: DAP (Delivered at Place) requires the seller to deliver goods to a specified location, covering all costs except import duties. This benefits buyers who want a streamlined delivery process without handling transportation.

Practical tips for choosing the right Incoterm

Before deciding on an Incoterm, you should: 

• Assess your logistics capability: Understand your ability to handle shipping, insurance, and customs clearance. If you lack strong logistics support, consider Incoterms where the seller handles more responsibilities, such as CIF or DDP.
• Evaluate your risk tolerance: Determine how much risk you are willing to assume during the shipping process. If you prefer minimal risk, choose Incoterms like CIP or CIF, where the seller covers insurance.
• Consult with trade partners: Discuss with your buyer or seller to ensure mutual agreement on the selected Incoterm. Clear communication helps avoid misunderstandings and ensures both parties know their responsibilities.
• Stay updated on regulations: Ensure compliance with the latest trade regulations and Incoterm rules. Regularly review updates from the ICC to stay informed about any changes.