What legal risks are hidden in the import equipment agency authorization certificate?

I. Legal positioning pitfalls in agency authorization certificates

Under the framework of the newly revised Mechanical and Electrical Products Import Management Measures in 2025, legally valid agency authorization certificates must includeTripartite responsibility clauses. Our handling of a German machinery import case revealed:

• Manufacturer failed to clearly specify sub-authorization rights
• General agent didnt restrict sales territories for sub-agents
• Authorization document lacks the anti-counterfeiting mark required by the General Administration of Customs

II. Compliance boundaries of certificate core elements

According to data from the Ministry of Commerces 2025 imported equipment agency filing system, 32% of authorization disputes stem from ambiguous clause wording. Valid certificates must include:

• Authorization time dimension
  • Invalid if effective date is earlier than 90 days before customs declaration date
  • Validity period must cover equipment warranty cycle
• Authorization scope limitation
  • Product serial number ranges must be precise to individual batches
  • Service terms must distinguish between installation/debugging and after-sales maintenance

III. Verification blind spots in multinational authorization chains

Our agency case of Japanese precision instruments shows complete authorization documents should include:

• Original factory notarized certification documents
  • Requires three-level authentication by Chinese embassies/consulates abroad
  • Translations must bear professional translation companys edge-sealing stamp
• Legal equivalence of electronic signatures
  • Differences between EU eIDAS and US ESIGN Act
  • Judicial adoption standards for blockchain evidence preservation technology

IV. 2025 policy foresight response strategies

For upcoming cross-border authorization filing regulations, enterprises are advised to:

• Establish dual-track verification mechanism for authorization documents
  • Cross-validate paper documents with electronic filing systems
  • Dynamically update customs HS code correspondence tables
• Improve risk hedging clauses
  • Include exchange rate fluctuation sharing mechanisms in authorization agreements
  • Set advance notification obligations for technical parameter changes

V. Risk prevention in practical cases

A certain medicalequipment. For example, Indonesia has the SNI certification, Thailand has the TISI certification, and the Philippines has the BPS certification. It is necessary to confirm in advance the equipment voltage (such as 380V/50Hz in Thailand), the compatibility of the CE certification, and the proof of environmentally friendly materials.In projects, we avoid losses through:Four - step verification methodChecking for authorization chain breaks

• Complete chain: Manufacturer → Greater China general agent → Provincial agent
  • Verifying seal effectiveness hierarchy
• Consistency between original factory seals and China-filed seals
  • Confirming correspondence with customs declaration elements
• Precise matching between equipment models and authorized scope
  • Preserving legal remedy channels
• Specifying dispute resolution venue and applicable legal clauses
  • What legal risks lurk in imported equipment agency authorization certificates?