Expeditors International of Washington, Inc.EXPD
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Expeditors International of Washington, Inc. Status update

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Transcript

Preview the first fifteen paragraphs, organized by speaker.

Sarah MaasMidwest Regional Sales and Operations and Marketing Contact

Hello, everyone. Thank you. o'clock, and we will start the webinar. Thank you for taking time out of your day today to join our Incoterms Level Up webinar. We're very excited for this one since we took your questions and scenarios and built the content around that for today's presentation. My name is Sarah Moss, and I am the Midwest Regional Sales and Operations and Marketing contact based in Minneapolis, and I will be your host for today. Before we begin, please review our short webinar disclaimer. If you have joined any of our previous webinars before, I'm sure you're familiar with this. We want you to make note that all the information that will be presented today is accurate as of this moment. I did want to cover a couple of housekeeping items before we get started.

Sarah MaasMidwest Regional Sales and Operations and Marketing Contact

Today's webinar will be around an hour in length. There'll be about 45 minutes of information presented, with 10-15 minutes at the end for additional Q&A. All attendees will be on mute, and we ask that if you do have a question, please type it into the Q&A window only, because we have disabled the chat. We will address as many questions at the end of the webinar as possible. But if we don't get to your question, we will follow up to make sure that it's answered. Today's webinar will be recorded, and you will receive a pop-up notification alerting you that the recording has started in just a moment. After the webinar concludes, you will receive an email, which includes a short survey that we would like you to fill out for feedback.

Sarah MaasMidwest Regional Sales and Operations and Marketing Contact

After you complete the survey, there will be a landing page link that will take you to the presentation materials and the recording from today. I will start the recording. Okay. I'd like to introduce our speakers for today. Jamie Childress is our Regional Risk and Insurance Manager for the North Central and is based in Cleveland. Dave Engel is our Regional Risk and Insurance Manager for the Midwest. Over the summer, he moved from Minneapolis to St. Louis, and he is now based in our St. Louis office. One last reminder, all questions should go into the Q&A window. With that, I'll turn it over to Jamie and Dave.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

Thanks, Sarah. Looking forward to going through these questions today with everybody that we received. But prior to digging into that level up, we're going to do a little bit of knowledge just on Expeditors at a glance. We'll talk about ECIB, Expeditors Cargo Insurance Brokers, briefly. Expeditors, for those of you not familiar, we were founded in 1979, and we are headquartered in Bellevue, Washington. Our global headquarters is Bellevue. We have regional headquarters, London, Dubai, Singapore and Shanghai. We have more than 335 locations in 100 countries, supported by more than 20,000 employees worldwide. We have a global presence, local market expertise, and the ability to connect services across regions. We're also traded on the New York Stock Exchange under EXPD.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

For Expeditors Cargo Insurance Brokers, under Expeditors, we have a wholly-owned subsidiary called ECIB, Expeditors Cargo Insurance Brokers, a specialty insurance broker. We are a niche broker only operating in that marine cargo space. We do not work with any other lines of insurance, such as workers' comp, property and casualty. We are only operating in that marine cargo space. What we leverage there is our relationships with the carriers. With our parent company being Expeditors, we leverage that relationship with our suppliers when working with that marine cargo insurance. We have our first poll question. If an Incoterm puts risk on your organization and you need to understand the insurance coverage in place, who do you turn to? I will give you a couple of minutes to provide your answers. Risk management, accounting/finance, purchasing, logistics, or I would have to figure out who to ask. Okay. Where did everybody come in?

Jamie ChildressRegional Risk and Insurance Manager for the North Central

Okay. Okay, pretty good spread. Risk management, logistics look like to be the top contenders, which totally falls in line. Accounting/finance coming in third there. Okay. Very good. It is definitely something to understand who to go to if something happens, right? You want to understand how that insurance coverage works or is it in place or who to go to. Definitely good. Okay. We will get started. We are leveling up this time. We always have done the Incoterms 101, kind of introducing Incoterms, breaking them down.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

Now we wanted to reach out to the field, to our clients and say, "Okay, what questions are keeping you up at night?" Or, "How can we make sure that our supply chain is in the right here?" One of the questions that we received, with the Enforce and Protect Act, will there be a change to any Incoterms, especially foreign IORs, in parentheses DDP? We have dug in and using our resources, working to help answer that question, right? With the Enforce and Protect Act, there will not be a change, right? EAPA governs CBP investigations into AD/CVD evasion, not related to those Incoterms. So DDP would remain a valid contractual choice. What could change is the risk exposure, right? A foreign importer of record carries the duty, the AD/CVD and penalty liability, and has limited recourse against the non-resident.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

Practical step, we kind of laid it out here. You would want to review those DDP terms using a foreign IOR, confirm that they have the bond sufficiency, and consider DAP with a U.S. IOR. It is definitely important to review those DDP terms when using a foreign IOR, to make sure that you understand the exposure that is out there. Okay. But we do not foresee any changes at this time to Incoterms as a result of the Enforce and Protect Act. Okay. Next question, and this is one that we get all the time. It is definitely very, very common. So when and why should we use Ex Works, EXW, and FCA, Free Carrier, and what is the better term to use? Okay. My opinion, I would prefer to use FCA over Ex Works, and we will get into that explanation.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

Again, for Ex Works, it is the seller's minimum obligation. They just have to have the goods ready to be loaded into a container. The actual loading of the goods, export clearance, and all transport risk is going to be on the buyer. It is up to them to have all the export documentation ready and load the goods at the seller's facility. FCA is going to deliver those goods export cleared, so the seller will have already taken care of that. They will have taken care of the loading and the export clearance and the transport risk when using FCA. That will already be handled on the seller side. FCA is going to deliver those goods export cleared to the carrier at the seller's premises or another named place, depending on how you have that named place listed with the Incoterm.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

It could be FCA seller's premises, or it could be FCA to the port. That is going to be handled, that previous to that named place, is going to be handled by the seller. FCA is the better term for international moves. The seller can file the EEI, the loading responsibility is clear, and that proof of delivery supports letters of credit. Again, just a couple items there to share why we prefer FCA is better versus Ex Works. Okay. All right. The next question we have, who is responsible under FCA term of any storage costs arising from random inspections, taking care at the port if vessel cutoff is missed? Is it the vendor or the consignee? Okay, so under FCA, risk and cost transfer the moment goods are handed to the buyer's nominated carrier. Okay? If an inspection occurs that pushes you past that cutoff, and the demurrage and storage that could follow sit with the consignee, not the vendor.

Jamie ChildressRegional Risk and Insurance Manager for the North Central

That is going to fall to the buyer, not the seller. Okay. The seller still pays any export country inspection, but if it is after that named place, the turnover spot, yes, the storage inspection costs that have to happen after that would be on the consignee, so the buyer. Okay. Again, to point number three, a way to control it in the PO, you can define that named place, the cutoff expectation and who absorbs the storage caused by vendor documentation? The Incoterms will definitely help guide that, but it will boil down to what is stated in the contract, in the PO, the SO.

Dave EngelRegional Risk and Insurance Manager for the Midwest

Okay. Our next question, I will take on the next few here.

Dave EngelRegional Risk and Insurance Manager for the Midwest

We have, how are Incoterms applied when the shipment ownership, also known as the title of the merchandise, changes during transit? There was some context given here that it was agreed terms during the first leg are FOB Rotterdam. During transit, the goods are resold by the consignee to a third party under Incoterm DAP. We have a pretty specific example that was given here, and we will build on that. The question ultimately is how are the Incoterms applied when the title changes mid-transit? First thing we can consider here is that sale goes with the contract. Contract is the terms of the sale. Each sale is a separate contract with its own term.

Dave EngelRegional Risk and Insurance Manager for the Midwest

For example, FOB Rotterdam governs the seller to the consignee, and then the DAP Incoterms rule governs the consignee to the third party. They are running in parallel. To get into that in a little more detail, because there is separate contracts of sale here, Incoterms, if we go back to our 101 course, kind of some of the basics, Incoterms do not dictate the transfer of the title. The contract is what dictates that. What we are looking at is, since the Incoterms do allocate the risk and the cost, but they do not control the title, the mid-transit resale does not alter the original FOB terms. Risk is passed when the cargo is loaded on board with an FOB Incoterm. The middle party becomes the DAP seller while remaining the FOB buyer.

Dave EngelRegional Risk and Insurance Manager for the Midwest

The key here is if you are going to bring in a third party into the mix in any of this, the documents have to be aligned. The bill of lading needs to reflect that. The insurance needs to be confirmed by any parties that are requiring it or that are buying it. Also the destination needs to be named precisely. In a situation like this, while we are not trade attorneys, and we are offering you a 201 opinion of this, I would say when you have something like this where there is a title transfer while the shipment is in transit, you want to make sure that everything is very precise and clearly defined and labeled. That brings us to our next poll question. The question is, when your company is responsible for risk of loss under the Incoterm, how is cargo typically insured?

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