No Ex Works supplies to non-EU parties as of October 1, 2020

Change in Dutch customs regulations for export

As of October 1st, supplies to purchasers in e.g. North America and Asia cannot be performed on an Ex Works basis. Sellers and purchasers will need to choose another Incoterms® supply term.

Effective October 1st, it is no longer allowed to fill in the name of a non-EU party as the party responsible for the export of goods outside of the EU (box 2 Dutch customs form). Supply of goods under the ICC Incoterms® 2020 Ex Works (EXW) to non-EU parties is, effective October 1st, subject to fulfillment of additional formalities. These can be avoided by applying the ICC Incoterms® 2020 Free Carrier (FCA) instead, to all supplies to non-EU parties.

FCA as the used Incoterms® is generally to be preferred over the use of EXW, due to the FCA term’s characteristics as well as due to ever changing export related international restrictions.

Take the above into account in relation to current and yet to be confirmed purchase orders as well as in relation to contracts with resellers (distributors and agents), in which ICC Incoterms® are being used.

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