Must export agents be qualified companies? Which operations may involve violations? 2025 Latest Policy Interpretation

I. What Legal Qualifications Are Required for Export Agency?

According to the latest 2025 regulations from China Customs, legal export agency operations must simultaneously possess:

• Validimport and exportEnterprises need to have legal import and export qualifications, including:
• Customs-registeredRegistration Certificate of the Customs Declaration Unit
• Foreign exchange administration issuedTrade Foreign Exchange Receipts and Payments Enterprise DirectoryRequire the provision of a tax payment certificate and a special VAT invoice.
• Special commodities also require corresponding categoryExport License

II. How Are Responsibilities Divided Between Agent and Principal?

From 2018 Customs Order No. 237 to current 2025 regulations, agency relationships require special attention to:

• Contractual subject responsibilities:Export ClearanceDocuments must display both parties legal names
• : Clearly state the 30 - day quality objection period after arrival at the port in the contract, and stipulate the re - inspection clause by a third party (such as SGS);: Overseas claims are borne by the principal for product liability
• Document management: The agent must maintain complete trade documents for at least 5 years

III.Export DrawbackWhich party handles it?

The State Taxation Administration clearly requires in 2025:

• The tax refund applicant must bethe actual goods owner
• The agency company only assists in handlingtax refund declaration procedures
• Complete documents must be provided includingagency agreement + special VAT invoice

IV. What are the special regulations for foreign exchange receipts and payments?

According to Document No. 3 of the SAFE in March:

• Agency companies are prohibited fromcollecting foreign exchange payments on behalf
• Foreign exchange must be deposited into the principalsverification account
• Cross-border RMB settlement requires providingauthenticity supporting documents

V. Which operations may trigger customs alerts?

Customs key monitoring violations in 2025 include:

• The same agency company frequently changingprincipals within a short period
• Declared prices deviating from market pricesby more than 30%
• HS code classification showingsystematic errors

VI. How to prevent agency export risks?

It is recommended that enterprises take the following measures:

• Signtripartite witnessed agreement(principal, agent, bank)
• Require the agency company to provideAnnual compliance audit report
• Note in the customs declaration remarks columnactual manufacturer information

What are the evaluation criteria for selecting an agency company?

It is recommended to screen through four dimensions:

• Industry focus: Whether familiar with specific product export regulations
• Risk management system: Whether possessing AEO certification qualification
• Technical capabilities: Whether connected to the Single Window system
• Dispute Resolution: Customs administrative penalty records in the past three years

What are the new changes in agency export for 2025?

According to the latest developments from the Ministry of Commerce:

• Pilotimplemented by the General Administration of Customs in 2024
• Expandself-declaration system: The six Gulf countries including Saudi Arabia, the UAE, and Kuwait.
• StrengthenExport tradelinkage mechanism

(Note: This article is written based on policy documents published before March, 2025. For actual operations, please refer to the latest regulations. For specific cases, it is recommended to consult a professional trade lawyer.)