I. What Kind ofAgency export,When does the agreement become legally binding?

A legally valid export agency agreement must include the following elements:

• Proof of Qualification of the Contracting Entity: The agent must possess import and export operation rights (Customs code) and a foreign exchange account.
• Clarify the nature of agency: Indicate "principal-agent relationship" to avoid being identified as a sales relationship.
• Rights and Obligations Clause:
  • The client is responsible for product quality and payment collection.
  • The agent is responsible for customs declaration, tax refund, and foreign exchange settlement.
• Dispute resolution clause: Recommended to specify jurisdiction of China International Economic and Trade Arbitration Commission

II. How to reasonably calculate the agency export fees for 2025?

The current agency fees typically adopt two models:

• Percentage of goods value: 0.8%-1.5% (including customs clearance, logistics, documentation and other services)
• The ladder fee.:
  • Below 5 million: 1.2%
  • 5–10 million: 1.0%
  • Above 10 million: 0.8%

Note: After the RCEP takes effect in 2024, changes in the rules of origin may affect the tax refund amount. It is recommended to clarify the tax refund allocation mechanism in the agreement.

III. How to Prevent Legal Risks in Agency Export?

It is recommended to adopt the "three checks and two guarantees" measures:

• three checks:
  • Check the customs credit rating of the agent (must meet AEO certification requirements)
  • Check foreign exchange income and expenditure compliance records
  • Check historical dispute cases
• Two guarantees:
  • Request the agent to take out professional liability insurance.
  • Establish a joint account to control payment funds

IV. What special clauses must be included in an export agency agreement?

According to the latest revised Foreign Trade Law of 2025, it is recommended to add:

• Data security clauses: Clarify the ownership and usage restrictions of customer information and transaction data
• ESG Responsibility Clause: Agree on environmental standards, labor compliance, and other corporate social responsibility requirements.
• Digital Currency Payment Terms: Clarify the exchange rate locking mechanism for cross-border settlement of the digital yuan

5. What to do if the agent misappropriates the payment?

The following legal remedies may be taken:

• Immediate measures:
  • Apply to the Foreign Exchange Administration for a payment order to freeze the account.
  • Apply to the customs for deferred tax refund.
• Judicial channels:
  • Apply for commercial arbitration in accordance with the agreement (average hearing period: 45 days).
  • Report suspected criminal offenses to the economic crime investigation department of the public security authorities.

Case: A lighting export company successfully recovered $380,000 in payment withheld by its agent by stipulating the clause "T/T payment against copy of bill of lading."

VI. What procedures need to be completed after signing the agency export agreement?

The complete process consists of 5 key steps:

• Customs filing: Principal-Agent Relationship Confirmation Letter (Issuance within 3 working days)
• Foreign exchange registration: Submit transaction background materials through the digital platform of the State Administration of Foreign Exchange.
• tax filing: Submit the "Agency Export Certificate" on the Electronic Tax Bureau.
• Logistics monitoring: Request the agent to provide GPS container tracking data.
• Document archiving: Retain the original documents for at least 5 years (the retroactive period for customs audit).