How to sign an export foreign exchange collection agency agreement? These 6 key issues must be clarified

How to choose a reliableA complete export agency agreement should be attached with:agency?

When choosing a foreign exchange collection agent, three dimensions should be focused on:Compliance of qualifications,Fund supervision abilityandService response speed. According to the latest regulations of the State Administration of Foreign Exchange in 2025, a qualified agent must hold a Cross - border Payment Business License and have a registered capital of not less than CNY 5 million. It is recommended to verify through the following steps:

• Log in to the official website of the State Administration of Foreign Exchange to query the filing information
• Request to provide an audit report on foreign exchange business for the past three years
• Conduct on - site inspection of the fund management system (such as the SWIFT direct connection channel)

Which clauses must be clearly written in the agreement?

According to the suggestions of international trade law experts, the following 6 clauses are indispensable:

• Confirmation time limit for funds arrival (it is recommended to agree on T + 1 working day)
• Exchange rate locking mechanism (clarify the quotation benchmark and valid period)
• Handling process for abnormal situations (including situations such as anti - money laundering investigation and frozen funds)
• Calculation method of handling fees (distinguish between basic service fees and surcharges)
• Dispute resolution clause (it is recommended to agree on the jurisdiction of the China International Economic and Trade Arbitration Commission)
• Data confidentiality obligation (especially regarding customer information and trade data)

How to avoid the risk of misappropriation of foreign exchange collection funds?

In 2025, the cross - border fund supervision system upgraded by the Peoples Bank of China requires agencies to openspecial regulatory accounts. It is recommended to specifically agree in the agreement:

• Right to track the flow of funds (enterprises can query account changes in real - time)
• Dual verification mechanism for fund transfer (enterprise electronic signature + SMS verification is required)
• Minimum reserve ratio (it is recommended to be not less than 20% of the average monthly foreign exchange collection amount)

What impact does the latest foreign exchange policy have on the agreement?

The revised version of the Interim Measures for the Administration of Foreign Exchange in Cross - border Trade implemented in January 2025 brings three changes:

• Foreign exchange collection of over USD 500,000 per transaction needs to be reported in advance
• New regulatory clauses for digital currency payment and collection channels are added
• Agencies must submit a compliance report on fund use monthly

It is recommended to clarify the specific implementation standards of the above policies in the supplementary clauses of the agreement.

What should be done when an agency acts in violation of regulations?

The agreement should setstepped liability for breach of contract clauses:

• First violation: Rectify within a time limit and pay liquidated damages (it is recommended to agree on a daily interest rate of 0.05%)
• Second violation: Suspend some agency rights
• Serious violation: Terminate the agreement immediately and claim compensation

In 2025, there has been a judicial precedent showing that an export enterprise suffered a loss of USD 1.2 million due to unclear agreement terms, and the courts judgment only recovered the principal.

How does the new cross - border payment regulation affect the calculation of service fees?

According to the new regulations of the cross - border payment industry in 2025, agency service fees must be calculated usingBase rate + floating subsidy,The advance payment shall not exceed 30% of the total contract amount

• The basic rate shall not be higher than 0.3% of the amount of foreign exchange received.
• The floating subsidy needs to be linked to the time limit for funds to arrive in the account (for example, if the funds arrive in 24 hours, it can be increased by 0.1%).
• It is prohibited to charge hidden fees (such as account management fees, inquiry fees, etc.).

It is recommended to require the agency to provide a complete list of fees in the annex to the agreement.