WELCOME TO THE ICC NETHERLANDS
NEWSLETTER – MAY 2025 EDITION
Dear members and partners,
This month’s edition comes at a critical moment for international business. With geopolitical tensions rising and new trade measures altering global supply chains, uncertainty is becoming the new normal. Yet amid the challenges, there are clear signals of resilience—and opportunity—for those prepared to adapt.
In this issue, we take stock of the global trade landscape 100 days into the new U.S. administration. Our exclusive interview with Chris Southworth, Secretary General of ICC UK, offers insight into the ripple effects of U.S. protectionism and what businesses in the rest of the world can—and should—do in response. Alongside this, our spotlight on ICC’s latest Pulse Survey reveals that 42% of companies are bracing for impact, adjusting supply routes and expectations for the year ahead. Our infographic breaks down these findings at a glance.
These shifts set the stage for our upcoming General Assembly and High-Level Trade Dialogue on 20 May. We are proud to bring together leading voices from the financial, legal, public, and corporate sectors to explore the future of global trade under the title: “Trading Blows or Building Bridges?” Expect two dynamic panels covering macroeconomic shifts and practical business responses to trade complexity. Spaces are limited, so we encourage early registration.
Our May issue also zooms in on contract strategy, particularly the smarter use of Incoterms® 2020 and mediation clauses. A practical deep-dive explores how companies can sharpen contract language to manage tariff risks—paired with cautionary tales of Incoterms gone wrong. Meanwhile, in light of a Dutch Supreme Court case, we examine what makes a mediation clause truly enforceable, with new international case law and ICC guidance to support your next contract negotiation. We also spotlight global efforts in sustainability and marketing integrity. From ICC’s call to action on ocean sustainability at UNOC-3, to global revisions of ethical advertising standards, this issue highlights the vital role businesses can play in rebuilding trust—both with society and within their own supply chains.
As always, we thank you for your continued engagement, and hope you find this edition as thought-provoking as it is practical. Let’s navigate these challenges together—with clarity, collaboration, and integrity. Warm regards,
The ICC Netherlands Team
Global Trade Uncertainty Rises: 42%
of
Firms Brace for Impact
A recent ICC Pulse Survey reveals growing concern among global businesses following the U.S. administration’s 2 April 2025 announcement of sweeping new tariff measures.
60% see negative impact
From rising costs to disrupted supply chains, the majority of companies worldwide express concern about the consequences of these measures.
Surprising sectors affected
Unexpectedly, sectors like accommodation and food services report strong negative expectations—signaling ripple effects beyond traditional trade-heavy industries.
ICC’s Call to Action: ICC
42% of businesses are more cautious
While only 3% feel optimistic, 42% are entering the next 6–12 months with increased caution, and 32% are outright pessimistic.
Widespread but uneven impact
The impact is felt across all regions, with East Asia reporting the strongest negative response. Larger companies are more attuned to retaliatory risks—with 50% raising concern, compared to just 25–35% of SMEs.
ICC Netherlands General Assembly & High-Level Trade Dialogue
Tuesday 20 May | 15:30–18:30
Hosted by Rabobank, Utrecht
ICC Netherlands is pleased to invite all members to our upcoming General Assembly, followed by a high-level event exploring the evolving dynamics of international trade: Trading Blows or Building Bridges? Navigating Global Trade in a Multipolar World
In a time of geopolitical turbulence and shifting trade alliances, we bring together experts from the business, legal, and policy sectors to examine how global trade is changing—and how companies can respond.
Panel 1: Global Trade in Transition
A macro-economic outlook on structural shifts in global trade, including energy, agri, and logistics.
Panel 2: Navigating Complexity: A Business View
Insights from trade professionals, legal experts, and public sector leaders on mitigating risks and managing compliance under growing regulatory pressure.
Confirmed speakers include:
• Otto Raspe, Head Economist, Rabobank
• Daan Vriens, CEO, Cefetra Group
• Adriaan van Dorp, ABN AMRO
• Andrew Wilson, Deputy Secretary General, ICC
• Rico Luman, ING
• Rogier Schellaars, Van Doorne
• Marhijn Visser, VNO-NCW
Due to limited seats, priority is given to ICC members. Register early to secure your place. Register here
Incoterms Gone Wrong: 5 Real Mistakes to Learn From
Choosing the wrong Incoterm might seem like a small slip — until it leads to costly delays, damaged goods, legal disputes, or unexpected tax bills. Below are five real-world examples, often used in trade compliance training, that show just how easy it is to get it wrong — and how to avoid the same fate.
CFR vs. CIF – The Insurance That Wasn’t
A major oil exporter shipped crude under CFR (Cost and Freight) instead of CIF (Cost, Insurance, and Freight).
DDP & the Unknown Tax Trap
An Asian electronics manufacturer agreed to sell under DDP (Delivered Duty Paid) to a European customer.
EXW: When the Buyer Isn’t Ready
A small European machinery exporter used EXW (Ex Works) for a shipment to Latin America.
CFR vs. CIF – The Insurance That Wasn’t
A major oil exporter shipped crude under CFR (Cost and Freight) instead of CIF (Cost, Insurance, and Freight).
“FOB Paris” – A Contractual Mismatch
A wine exporter agreed to FOB Paris in the sales contract.
What Went Wrong? The buyer assumed the goods were insured. They weren’t. Under CFR, insurance is the buyer’s responsibility. When the shipment was damaged, a costly dispute followed.
What Went Wrong? The seller didn’t understand EU VAT or import rules. The result? Clearance delays, unexpected tax bills, and storage fees at the border.
What Went Wrong? The buyer couldn’t manage export clearance from the EU. Authorities came after the seller for noncompliance.
What Went Wrong? The buyer assumed the goods were insured. They weren’t. Under CFR, insurance is the buyer’s responsibility. When the shipment was damaged, a costly dispute followed.
What Went Wrong? FOB requires a seaport — and Paris isn’t one. This caused confusion over who was responsible for inland transport and handling.
Lesson Learned: Never assume who’s covering insurance. CFR and CIF may sound similar, but they carry very different responsibilities.
Lesson Learned: Don’t offer DDP if you’re not fully familiar with destination country rules. Consider DAP or clearly define who handles what.
Lesson Learned: EXW puts all the logistics on the buyer — including export paperwork. If they’re unfamiliar with procedures, you could be left holding the bag. FCA (Free Carrier) is often a safer choice.
Lesson Learned: Never assume who’s covering insurance. CFR and CIF may sound similar, but they carry very different responsibilities
Lesson Learned: Incoterms must be paired with a logically correct location. Inland cities don’t work with FOB, CFR, or CIF.
Misapplying Incoterms® can create costly confusion over responsibility, risk, and compliance — even in otherwise well-structured contracts. While the examples above are fictional, they reflect common pitfalls seen in international trade and logistics.
Understanding Incoterms® isn’t just a legal formality — it’s a frontline tool for avoiding preventable disputes in global commerce.
Incoterms® in Action: Would You Get It Right? Test yourself!
Incorrect use of Incoterms isn’t just academic — it leads to costly errors, disputes, and legal risk. Think you’re covered? Take this quick quiz and test your instincts on three real-world scenarios. You’ll find the correct answers and explanations at the end of this newsletter!
Case 1: Contaminated in Transit — Who Pays?
You’re selling crude oil under FOB Rotterdam. Half of the oil is already in the buyer’s vessel during loading when a malfunction contaminates the entire cargo. Who bears the risk?
A. The seller, since full delivery wasn’t completed
B. The buyer, since some oil was already on board
C. Shared, depending on when the contamination occurred
D. The ship’s operator, for faulty loading procedure
Case 2: No-Show Buyer under EXW
You’re selling machinery under EXW (Ex Works) terms. You’ve packed the goods and notified the buyer, but they delay pickup for several days. During that time, the goods are stolen from your warehouse. Who’s liable?
A. The seller — goods are still in their possession
B. The buyer — risk passed when goods were made available
C. The warehouse — they should have insured it
D. Shared responsibility, depending on contract clauses
Case 3: FOB for Container Shipment
You choose FOB (Free On Board) to ship containerized goods overseas. At the port terminal, the container is damaged during loading, before it’s on board. Who pays for the loss?
A. The seller — it happened before loading was complete
B. The buyer — it’s in transit, after handover
C. The shipping line — they are responsible for handling
D. Shared — depends on the bill of lading terms
Incoterms® 2020 Best Practices for Trade in Uncertain Times
26 June | Malietoren, The Hague | 14:00–17:00, followed by networking drinks
Five years in, are Incoterms® 2020 still up to the task? With rising geopolitical risks, digitalisation, and stricter controls, this expert session explores how to apply Incoterms® strategically in today’s global landscape.
Programme Highlights
• Opening - Robert de Bruin (Van Oord) – Trade in a more complex global context
• Keynote 1 - Marc van Maanen: Lessons learned since 2020, digitalisation, and what’s ahead for 2030
• Keynote 2 - Ed Jongenelen: Common mistakes, compliance pitfalls, and outdated trade habits
• Panel Discussion - Moderated by Ed Jongenelen: Navigating barriers, managing risks, and tackling the digital trade lag
Mediation in Practice: Contracting Smarter, Resolving Strategically
28 May | CMS Amsterdam | 14:00–17:00, followed by networking drinks
Join us on 28 May in Amsterdam for a practical, interactive event hosted by ICC Netherlands, in collaboration with the Academy of Legal Mediation and CMS. An afternoon for legal professionals, in-house counsel and contract managers to:
• Draft smarter mediation clauses
• See mediation in action through live demonstrations
• Understand cross-border implications
• Learn from peers and seasoned practitioners
Register here
Business for Ocean Sustainability: Join ICC at UNOC-3
Nice, 9–13 June 2025
ICC is rallying business support for the UNOC-3 Business Declaration — a key private sector initiative ahead of the United Nations Ocean Conference. Why get involved?
• Demonstrate your company’s commitment to sustainable ocean governance
• Join global peers in shaping the blue economy agenda
• Be part of the ICC-coordinated business voice at UNOC-3
What is UNOC-3?
The 3rd United Nations Ocean Conference (UNOC-3) brings together governments, UN bodies, and stakeholders to accelerate implementation of SDG 14: Life Below Water. Taking place in Nice, France, it will spotlight solutions for healthy oceans and sustainable ocean-based industries.
To express interest or learn more, contact Raelene Martin or Daniel Grajales
Navigating the divide: Acting with integrity when cultural adaptation is required
Starting in marketing and advertising, Danielle Dielissen gained extensive experience in corporate communication, change management, risk culture, and reputation management, with behavior as a key focus. Her journey reflects a profound understanding of the intricate interplay between behavior and organizational success. Now, Danielle Dielissen leads the Behavioral Risk & Integrity team at Rabobank, driving risk culture and managing behavioral risks.
Culture and integrity are two fundamental aspects that shape our identities, actions, and interactions. In international business contexts, organizational factors such as targets and incentives drive behavior, but social and individual factors also play a significant role in shaping individuals’ moral standards and how they act with integrity. Growing up in a working-class environment while maintaining upper-class friendships, I have always been fascinated by the unique challenges and social norms of each environment, especially when transitioning into a business context where the background of senior management dictates the social norms.
Individual experiences and personality
Growing up in a working-class culture often means being surrounded by values such as hard work, resilience, and community support. These values are instilled from a young age and become integral to one’s identity. However, individuals face several challenges, including limited access to educational and professional opportunities, financial constraints, and societal stereotypes. When individuals from working-class backgrounds enter the business world, they often encounter a stark contrast in cultural norms. When upper-class culture is dominant in business settings, individuals from other backgrounds encounter a range of different social behaviors, communication styles, and expectations. This can create a sense of alienation and pressure to conform to these norms, which may conflict with one’s ingrained values and sense of integrity.
Navigating Cultural Dynamics
Adapting to a business culture that differs from the norms and beliefs that shaped you growing up requires understanding and learning new social norms without losing one’s identity. This involves observing and mimicking certain behaviors while staying true to one’s values. A strong sense of integrity is crucial in bridging this cultural divide. Individuals must find a balance between adapting to new norms and maintaining their core values. Confidence is key to overcoming the challenges of cultural adaptation. Individuals should recognize their unique strengths and contributions, which can add value to the business environment.
The Role of Integrity in Cultural Adaptation
Integrity is the cornerstone of navigating cultural dynamics. It involves being honest and having strong moral principles, which guide individuals in making ethical decisions. In a business context, integrity means adhering to ethical and professional standards, even when faced with pressure to conform to different cultural norms. This can be particularly challenging when the dominant culture in a business setting prioritizes profit over ethical considerations. Individuals must remain steadfast in their commitment to integrity, ensuring that their actions align with their values.
Challenges of Cultural Adaptation
Adapting to a business culture can lead to several challenges. One significant challenge is the risk of groupthink, where individuals prioritize harmony and conformity over critical thinking and integrity. This can result in a lack of peer pressure resistance, where individuals may compromise their values to fit in with the dominant culture. Another challenge is confirmation bias, where individuals seek out information and opinions that reinforce their adopted values while ignoring or dismissing evidence to the contrary. Balancing aspirations with a strong sense of self and a healthy dose of critical thinking helps to avoid these pitfalls.
Personal strategies for maintaining Integrity
Maintaining integrity while adapting to a new business culture requires several strategies. First, individuals should develop a strong sense of self-awareness, understanding their values and how they influence their actions. This involves reflecting on one’s experiences and identifying the core principles that guide decision-making. Second, individuals should seek out mentors and role models who exemplify integrity in their actions. These individuals can provide guidance and support, helping to navigate the complexities of cultural adaptation. Third, individuals should engage in continuous learning, staying informed about ethical standards and best practices in their industry. This helps to ensure that their actions align with their values and the expectations of their professional environment.
Business strategies for maintaining integrity
Promoting diversity and inclusion of different perspectives in business settings is essential for fostering a culture of integrity. When individuals with different backgrounds and different perspectives are included, heard and valued for providing their input, it creates an environment where different views are respected and considered. This helps to prevent groupthink and confirmation bias, encouraging critical thinking and ethical decision-making and can signal drivers that might lead to misconduct.
Conclusion
Navigating the divide between culture and integrity in business contexts is a complex and ongoing process. It requires individuals to adapt to new social norms while maintaining their core values and commitment to integrity. By developing self-awareness, engaging in continuous learning, and promoting diverse perspectives and inclusion, individuals can successfully bridge this cultural divide. Ultimately, integrity is the foundation of ethical behavior, guiding individuals in making decisions that align with their values and contribute to a positive and sustainable business performance.
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Incoterms® in Action: Would You Get It Right? Test yourself! Answers & Explanations
1. Correct Answer: C – Shared
Under FOB, risk passes when goods are on board the vessel. In oil shipments, that’s typically when product passes the ship’s manifold. Since only part of the cargo was on board, risk may be split, depending on timing and cause of contamination. Legal responsibility could involve both parties — or fall entirely on the seller if the source is land-based.
2. Correct Answer: B – The buyer
Under EXW, the seller’s responsibility ends when goods are made available at their premises. Once notified, the buyer bears the risk — even if they delay pickup. However, it’s best practice to clarify responsibilities for storage and insurance during delays.
3. Correct Answer: A – The seller
FOB is unsuitable for containerized cargo because the seller doesn’t control terminal handling. Risk passes only when the goods are on board, so damage during terminal loading is still the seller’s liability. For containers, FCA (Free Carrier) is more appropriate.