Is export agency legal? How to identify compliant service providers?

How to verifyExport Representationa companys legal qualifications?

Three key steps to determine the legality of an agency company:

• Check customs registration code: Verify the validity of the "Registration Certificate of Customs Declaration Entity" for the agency company through the official website of the General Administration of Customs of China (inquiry website: customs.gov.cn).
• Verify foreign exchange management qualifications: Request proof of inclusion in the List of Enterprises for Goods Trade Foreign Exchange Receipts and Payments issued by the State Administration of Foreign Exchange
• Verify industry certifications: Legitimate agencies should hold FIATA certification or CIFA membership

Which clauses in agency contracts may involve legal risks?

Contract elements requiring special attention:

• liability allocation clauses
  • Joint liability for customs declaration data authenticity
  • Handling mechanism for abnormal foreign exchange receipts and payments
• Fee structure clause
  • Clear classification standards for agency fees, port charges, document fees, etc.
  • Exchange rate fluctuation risk sharing mechanism
• Dispute Resolution Clause
  • Agreement to apply International Commercial Terms (INCOTERMS 2025)
  • Clear selection of arbitration institution (recommend China International Economic and Trade Arbitration Commission)

How to ensure safety and compliance in fund payment process?

Recommended phased payment plan:

• Advance payment stage: Not exceeding 30% of total contract amount, requiring agent to provide bank guarantee
• Document delivery stage: Payment of 60% against original bill of lading, recommend verifying document authenticity through Sinosure
• Final settlement stage: Retain 10% as quality guarantee deposit, to be paid within 45 days after customs clearance

Special note: Require agent to provide original Application for Outward Remittance from SAFE and verify bank slip authenticity.

Does export agent bear product quality liability?

According to Article 926 of Civil Code, division of legal liability for agency acts:

• Penalties caused by false customs declaration materials shall be jointly borne by agent
• Overseas claims caused by product quality issues shall in principle be borne by manufacturer
• Cargo damage during transit shall be allocated according to insurance coverage

It is recommended to explicitly stipulate the "exemption clause for non-self-fault" in the contract and require the agent to purchase professional liability insurance.

How to prevent compliance risks in agency services?

Establish triple risk prevention mechanism:

• Pre-shipment review: Verify agent has no customs administrative penalties in recent three years (through Credit China website)
• In-process monitoring: Require real-time customs declaration status query (China International Trade Single Window)
• Post-audit: Annual third-party audit of agency fee payment vouchers

Special Reminder: In 2025, Customs will fully implement the "Smart Declaration" system. Please confirm whether the agent has completed the system integration and upgrade.

How to protect rights when encountering non-compliant agents?

Remedial measures to be taken step by step:

• Phase 1: Collect evidence chain including customs declaration forms, payment vouchers, and correspondence emails
• Phase 2: Apply for industry mediation through China International Freight Forwarders Association
• Phase 3: Report suspected criminal offenses to the economic investigation department of public security authorities
• Phase 4: Initiate international trade arbitration (recommend specifying Shanghai International Arbitration Center jurisdiction)

Note the statute of limitations: According to Article 257 of the Maritime Code, the limitation period for freight disputes is 1 year.

What are the new regulatory changes in the export agency industry for 2025?

Three policy adjustments requiring attention:

• Electronic customs declaration forms have equal legal effect as paper documents (General Administration of Customs Announcement No. 12, 2025)
• Foreign exchange verification cycle shortened from 120 days to 90 days (State Administration of Foreign Exchange new regulation 2025)
• Mandatory insurance requirementInternational LogisticsLiability insurance (Ministry of Transport implementation 2025)

建议定期登录国务院国际贸易综合服务平台（www.trade.gov.cn）获取最新政策解读。