FCA Incoterms Clarify Liability in Air Freight Shipments

This article delves into the point at which the seller's responsibility ends under FCA Incoterms in international air freight. It emphasizes that the responsibility termination point is not simply the 'airport' but precisely when the goods are 'delivered to the carrier or its agent designated by the buyer and under their control.' Through specific scenario analysis, a detailed responsibility checklist, and the identification of common misconceptions, this article helps sellers accurately grasp the boundaries of their responsibilities, avoid trade risks, and ensure the smooth execution of international air freight shipments.
FCA Incoterms Clarify Liability in Air Freight Shipments

International shippers often misunderstand when their obligations terminate under Free Carrier (FCA) terms in air freight transactions. Contrary to common assumption, responsibility doesn't automatically shift when goods reach the airport perimeter. The critical moment occurs when cargo transfers to the control of the buyer's designated carrier or agent—a distinction that safeguards parties from costly disputes.

Why Airport Boundaries Don't Define FCA Responsibility

Airports function as complex logistics hubs where transfer points vary significantly. The FCA clause hinges on "delivery to carrier," requiring precise identification of the handover location:

  • Scenario 1: Airport Receipt – Seller obligations conclude when cargo reaches the carrier's designated airport facility (e.g., Lufthansa's freight counter at Shanghai Pudong) and completes inspection/documentation.
  • Scenario 2: Off-Airport Receipt – Responsibility transfers when goods are delivered to urban warehouses or other non-airport locations specified by the carrier. Subsequent transport risks belong to the buyer.

This framework differs fundamentally from EXW (factory-based transfer) or FOB (ship-rail transfer) terms. FCA's "carrier control" standard accommodates diverse air freight models, including door-to-airport and airport-to-airport arrangements.

The Seller's Pre-Transfer Checklist Under FCA

Before risk transfers, sellers must meticulously complete these requirements:

  • Regulatory Compliance – Prepare export-compliant documentation (commercial invoices, packing lists, certificates of origin) and ensure no restricted items (e.g., uncertified lithium batteries) are included. Complete necessary inspections and obtain clearance certificates.
  • Physical Handover – Deliver goods to the buyer's authorized carrier/agent (including freight forwarders) and obtain signed proof of receipt—this serves as critical evidence of completed obligations.
  • Information Transparency – Promptly provide shipping documents (advance cargo manifests) and import clearance data (HS codes, gross/net weights) to facilitate the buyer's customs processes.

For illustration: A Chinese supplier shipping under FCA Shanghai Pudong terms must deliver goods to the buyer's designated forwarder warehouse within the airport, submit complete export documents, and secure warehouse acknowledgment. Damage occurring during warehouse-to-aircraft transfer becomes the buyer's responsibility.

Common FCA Misconceptions That Incur Liability

Several widespread misunderstandings create unnecessary exposure for sellers:

  • Airport Arrival Fallacy – Responsibility persists if goods sit in airport holding areas awaiting carrier pickup. Storage fees accumulate until formal carrier acceptance occurs.
  • Agent vs. Facility Confusion – When Emirates Airlines contracts China TravelSky as its ground handler, delivery must be made to TravelSky (as carrier representative), not directly to airport cargo terminals which merely provide operational services.
  • Risk/Cost Transfer Misalignment – Under FCA, both risk of loss/damage and transportation costs transfer simultaneously to the buyer upon handoff—unlike CIP terms where sellers pay freight while bearing transit risk.

Strategic Implementation of FCA Terms

Effective FCA application requires case-specific analysis of delivery locations and carrier instructions. Precise understanding prevents disputes and ensures smooth international air shipments. Always verify handover points and agent authorizations to maintain transaction security.

Mastering FCA provisions grants shippers greater control over international logistics, enabling efficient, risk-appropriate cargo movements worldwide.