How to sign a safe export agency agreement? These 8 key issues must be understood

I. What key clauses must an export agency agreement include?

According to international trade practices in 2025, a complete export agency agreement should contain the following core elements:

• Scope of authorization clause
  • Specify export product categories and HS codes
  • Define target market countries/regions
• Clauses on division of rights and responsibilities
  • Obligations of the agent including customs clearance and tax rebates
  • List of documents to be provided by the principal and deadlines
• Payment and settlement terms
  • Agent fee calculation method (percentage/fixed amount)
  • Foreign exchange settlement cycle and exchange rate locking mechanism

II. How to avoid financial risks in settlement terms?

A 2024 case where a Yangtze River Delta enterprise lost $370,000 due to exchange rate fluctuations warns us:

• Require agents to provideForeign exchange hedging solution
• SpecifyAdvance payment ratio(Recommended not less than 30%)
• AgreementLate payment penaltyCalculation standard

III. What are the new changes to pay attention to in agent qualification review?

Year 2025 General Administration of Customs new regulations require key verification:

• import and exportCertificate validity period (must include export categories)
• over the past 3 years,AEO certification status
• Specific commodity requirementsSpecial business license

IV. How should liability for breach of contract clauses be established?

It is recommended to adoptTiered accountability mechanism:

• Document delay: Daily late fees charged
• Quality disputes: Advance compensation mechanism
• Material breach: Termination of cooperation + compensation for expected profits

V.Export DrawbackWhat hidden pitfalls exist in the clauses?

Typical issues identified during tax audits in 2025 include:

• Agents misappropriating tax refunds (requiringSpecial account escrowTrade dispute settlement mechanisms
• False HS code declarations leading to refund failures (specifyCode confirmation processTrade dispute settlement mechanisms
• Not agreedResponsibility for tax refund failure

VI. What should be paid special attention to in intellectual property clauses?

Combined with 2024 U.S. 337 investigation cases:

• Require agents to provideTarget country intellectual property search report
• AgreementMaximum compensation for infringement
• SpecifyCustoms detention handling process

VII. How to protect corporate rights and interests in agreement termination clauses?

It is recommended to set upThree-stage termination mechanism:

• Regular termination: 90-day prior written notice
• Termination for breach: 15-day rectification period
• Emergency termination: Immediate effect for material compliance risks

VIII. Is the legal validity of electronic agreements reliable?

According to the amended Electronic Signature Law effective in 2025:

• Must useNationally certified electronic signing platform
• IncludingTimestamp authenticationFunction
• AgreementElectronic evidence storage rules

(Partial content references cases from the International Trade Contract Dispute Trial White Paper issued by the Supreme Peoples Court in 2023)