WhyAgency export,Will I not receive the foreign exchange?

According to the latest international trade practice cases in 2025, the main reasons for non-receipt of payment in export agency are as follows:

• Contractual loopholes：No clear agreement on key terms such as foreign exchange settlement method or payment deadline.
• Agent's operational error: Including procedural issues such as documentation errors and discrepancies in customs declaration information.
• Changes in foreign exchange controls: The importing country suddenly adjusts its foreign exchange policy (such as Argentina's foreign exchange control adjustment case in 2023).
• Malicious Default Behavior: The agent or overseas buyer has credit issues.

What legal consequences will arise from unpaid foreign exchange?

According to Article 45 of the Foreign Exchange Administration Regulations of the People's Republic of China, enterprises should pay special attention to:

• Export tax refundBlockage: The absence of the foreign exchange verification form will prevent the processing of tax refunds.
• Accumulation of default risk: May trigger the default clause in the agency agreement
• fund chain rupture risks: The accounts receivable collection cycle has been extended.
• Damaged credit record: Factors Affecting Customs Credit Rating Assessment

How should uncollected receivables be handled?

The proposed solution involves a three-step approach:

• Phase One: Negotiated Resolution
  • Send a written reminder within 7 days.
  • Please provide supporting documents such as foreign exchange control documents.
• Phase Two: Legal Measures
  • Apply for mediation to the China Council for the Promotion of International Trade.
  • Asserting rights through international arbitration institutions (it is recommended to stipulate the jurisdiction of the Singapore International Arbitration Centre).
• Phase 3: Remedial Measures
  • Apply for special verification with the State Administration of Foreign Exchange (complete proof of trade authenticity required).
  • Purchase export credit insurance for claims settlement

How to prevent risks in collecting payments for export through agents?

Based on our experience serving 500+ enterprises, we recommend the following preventive measures:

• Improve the agency agreement: Must include:
  • Payment Liability Clause (It is recommended to stipulate joint and several liability for the agent)
  • Dispute Resolution Clause (specifying applicable law and jurisdiction)
• Select a compliant agent: Verification Agent:
  • Foreign exchange management classification level (Priority given to Class A enterprises)
  • Historical Receipt Records (Bank Statement Proof Can Be Requested)
• Real-time tracking of payment receipts: Monitor foreign exchange receipt status through the electronic port system.
• Apply for export credit insurance: The latest policy from Sinosure can cover 95% of political risks.
• Using third-party payment: It is recommended to use SWIFT GPI to track the progress of cross-border payments.

Suggestions for Handling Special Circumstances

For the new business models in cross-border e-commerce in 2025, special attention should be paid to:

• Market procurement model: Declaration must be made under Customs supervision code 1039.
• Cross-border currency settlement: It is recommended to include an exchange rate fluctuation compensation clause in the contract.
• Digital RMB Receipt: Currently limited to pilot regions, prior filing with SAFE is required.

Practical Reminder:A textile enterprise entrusted an agent to export goods to the United States in 2024. Due to the lack of agreement on specific settlement methods, $380,000 was stranded in an NRA account, which was later resolved through a supplementary agreement.Tripartite Payment AgreementCompletion of foreign exchange receipt. This case illustrates the importance of contract details.