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Are import and export agency services really legal? How to avoid pitfalls?

Are import and export agency services really legal? How to avoid pitfalls?

I. to enterExport agentIs the service itself legal?

According toForeign Trade Law of the People's Republic of ChinaandCustoms LawPossessing legally qualified agency services is completely legitimate. However, the following conditions must be met:

  • Hold the Foreign Trade Operator Registration Form issued by the Ministry of Commerce
  • Complete customscustoms clearanceUnit Registration Certificate filing
  • Possess foreign exchange collection and payment qualifications approved by SAFE
  • Employ certified customs declarers and inspection personnel (if involving legal inspection commodities)

II. How to Verify the Legitimacy of an Agency Company?

It is recommended to verify agency qualifications through the following 4 steps:

  • Certificate inspection:
    • Require to provide original Three-in-One business license
    • Verify customs filing codes (can be verified through the Single Window system)
  • System query:
    • Log in to the "China Customs Enterprise Import and Export Credit Information Publicity Platform"
    • Check the "National Enterprise Credit Information Publicity System" for abnormal operation records.
  • Contract terms:
    • Must contain clear agency authority clauses
    • Should specify service fee composition and payment methods
  • Document verification:
    • Require to review customs declaration samples from the last 3 months
    • Verify the invoicing qualifications of VAT special invoices

III. What Are the New Risks for Foreign Trade Agencies in 2025?

According to recent typical cases reported by the General Administration of Customs, special attention should be paid to:

  • Cross-border e-commerce data penetrating supervision:Requiring agency enterprises to provide complete transaction chain proof
  • RCEP Rules of Origin:Some agents have issues with non-standard certificate declarations
  • New foreign exchange control regulations:From 2025, export foreign exchange collection must be completed within 210 days after cargo shipment
  • Intellectual property border protection:Agents need to bear higher inspection obligations

IV. Immediately Terminate Cooperation When Encountering These Situations

When an agency company exhibits the following behaviors, significant legal risks exist:

  • Requiring the use of private accounts for receiving foreign exchange payments
  • Promising "duty-free import" or "special customs clearance channels"
  • Refusing to provide original copies of customs declaration forms for verification
  • Requiring large advance deposits (exceeding 30% of cargo value)
  • Unable to explain the specific composition ratio of service fees

V. Three Core Characteristics of Legal Agency Services

Legitimate agency services should possess:

  • Full-process documentation:Traceable complete customs clearance records for each shipment
  • Risk isolation:Establish fund supervision accounts to isolate client payments
  • Compliance suggestions:Proactively provide professional opinions on commodity classification, origin determination, etc.

Frequently Asked Questions

Q: Can individuals entrust agency companies for import/export?
According to current regulations in 2025, individuals must provide cross-border e-commerce platform transaction proofs when entrusting agents, with single shipment value not exceeding 50,000 RMB.

Q: Is it reliable if the agency fee is 50% below market price?
Abnormally low prices often come with smuggling risks. Normal agency service fees should include: customs declaration fee 0.1%-0.3%, documentation fee 200-500 RMB per shipment, logistics handling fee 3%-5%.

Q: How to pursue legal liability for non-compliant agents?

Can be reported through Customs 12360 hotline, while retaining the following evidence:

  • Original agency agreement
  • Bank remittance vouchers
  • Business communication records (emails/chat logs)

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