The trap in CFR, CIF, CPT and CIP
These four rules split the cost point and the risk point, and it catches people out constantly. Under CIF, the seller pays the freight all the way to the destination port — but risk passes to the buyer the moment the goods are on board at origin. If the vessel is lost mid-ocean, the buyer owns the loss, on a shipment whose freight the seller paid for.
That is not a drafting error; it is the point. The seller arranges and pays for transport as a service to the buyer, while the buyer carries the risk of the voyage. It is also why CIF and CIP oblige the seller to buy insurance for the buyer's benefit — and why the level of that cover matters.
What actually changed in 2020
- DAT became DPU. Delivered at Terminal was renamed Delivered at Place Unloaded, because delivery never had to be at a terminal — it can be anywhere the parties name.
- CIP insurance was raised. CIP now requires all-risks cover, Institute Cargo Clauses A. CIF stayed at minimum cover, Clauses C, because it is used heavily for bulk commodity trades where minimum cover is the norm.
- FCA got an on-board bill of lading option. The parties can agree that the buyer instructs the carrier to issue an on-board bill to the seller — which finally makes FCA workable under a letter of credit that demands one.
- Own means of transport is recognised. FCA, DAP, DPU and DDP now acknowledge that a party may carry the goods with its own vehicles rather than contracting a carrier.
- Security obligations and cost allocation were made explicit throughout the rules.
Choosing a rule
Two practical rules of thumb outperform most detailed advice. First, use FCA rather than FOB unless the goods genuinely go loose or in bulk over a ship's rail. Containerised cargo is handed over at a terminal days before it is loaded, so FOB leaves the seller carrying risk over a period they no longer control. Second, always name the place precisely. "FCA Chicago" is ambiguous; "FCA 1200 River Road, Cedar Rapids, Iowa, Incoterms 2020" is not.
Avoid DDP unless you are genuinely able to act as importer of record in the destination country, including registering for and paying local taxes. Sellers agree to DDP to win business and then discover they cannot legally clear the goods.
Incoterms do not do everything
They allocate delivery, risk, cost and clearance obligations between seller and buyer. They do not transfer title, they do not set payment terms, they do not govern what happens on breach, and they are not a contract of carriage. All of that lives in your sale contract. An order confirmation that says nothing but "CIF Tokyo" has left most of the important questions unanswered.