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Can an export agency right replace self-operated export qualification? How can legal risks be avoided?

Can an export agency right replace self-operated export qualification? How can legal risks be avoided?

What is輸出代理店What is the legal definition of "right"?

Pursuant to Article 9 of the Foreign Trade Law of the People's Republic of China,輸出代理店The right refers to enterprises with import and export qualifications accepting commissions toAgent IdentityAct on behalf of通関, legal authorization for the full set of export procedures including tax rebates and foreign exchange collection. Unlike self-operated exports,代理輸出Ownership of GoodsAlways remains the property of the principal; the agent only collects a service commission.

Which enterprises need to apply for export agency rights?

The following three types of enterprises are recommended to adopt the export agency model:

  • Startup foreign trade company: Customs filing or SAFE registration not yet completed
  • Production-oriented domestic trade enterprises: Products are subject to export license/quota management (e.g., chemicals, medical devices)
  • cross-border e-commerce seller: Temporary orders exceed the scope of our own export qualifications

What legal risks are associated with export agency?

The latest 2025 audit cases released by the General Administration of Customs show that disputes in agency export are concentrated on:

  • Declaration Responsibility for Customs Forms: The consignor provided false product names/prices, resulting in administrative penalties
  • Foreign exchange verification risk: Fund chain rupture caused by the agent's misappropriation of payment funds
  • Tax Refund Dispute: Loss of Tax Refunds Triggered by the Certification Deadline for Special VAT Invoices

It is recommended to clearly specify this when signing the agency agreement.Dispute Resolution Clause, and require the agent to purchaseExport Credit Insurance」でした.

How to Choose a Compliant Export Agent Service Provider?

  • Three-Step Qualification Verification
    • Verify the 10-digit customs registration code information
    • Verify the enterprise status in the SAFE registry
    • Confirm the operating permissions for the Electronic Port IC Card
  • Service Capability Assessment Dimensions
    • Industry-specific export cases (e.g., medical devices requiring FDA certification experience)
    • Overseas customs clearance partnership network covers the target markets
    • Emergency response mechanisms (such as expedited application for RCEP certificates of origin)

What are the common misconceptions about export agency rights?

Based on our statistics from two decades of export agency services, companies often hold the following misconceptions:

  • Misconception 1: Holding a power of attorney allows you to operate in all categories (subject in practice to the scope of business specified in your business license).
  • Misconception 2: Exporting through an agent can circumvent trade sanctions (the obligation to conduct end-user screening still applies).
  • Misconception 3: The lower the commission rate, the more cost-effective it is (a comprehensive assessment of advance funding capacity and document error rate is required).

Under the evolving international trade landscape in 2025, the client is advised to conduct monthly audits of the agent.Customs Credit RatingForeign Exchange Classification and Rating, for enterprises that have not conducted any actual agency business for twelve consecutive months, the service provider should be promptly replaced to safeguard export security.

輸出出荷代理に注意すべき重要なポイントは?2025年最新実務Q&A
? 前へ March 23, 2025
髪飾り輸出エージェント完全ガイド:資格、サプライチェーン、物流最適化
次へ ? March 23, 2025

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