How to Legally and Effectively Sign an Export Agency Agreement? What Key Clauses Should Be Noted When Signing the Agreement?

What Qualifications Need to Be Verified When Signing an Export Agency Agreement?

According to the latest international trade practices in 2025, the following qualifications must be verified before signing:

• Verification of Agency Qualifications
  • Customs AEO certification qualification
  • import and exportBusiness License Filing Certificate
  • (Enterprises of category B and above are in normal status)
• Verification of Principal Qualifications
  • The business scope of the enterprises business license must include the category of export goods.
  • Special commodities require production licenses or industry access certificates
  • Foreign principals must provide authorization documents authenticated by the Chinese embassy

What core clauses must be included in an export agency agreement?

Based on the standard agreement framework of Fortune 500 companies, the following essential clauses are recommended:

• Rights and obligations clause
  • Party responsible for preparing customs clearance documents
  • Export DrawbackOwnership agreement
  • Intellectual property defect warranty clause
• Risk-sharing mechanism
  • Risk transfer point during cargo transportation
  • Foreign exchange rate fluctuation compensation plan
  • Trade sanction risk response plan

How to design reasonable payment terms?

A combined payment solution is recommended:

• Advance payment ratio is recommended to be controlled at 30%-50% of the contract amount
• Final payment should bedirectly linked toorForeign Exchange Verificationthe delivery of original bills of lading
• Establish a price adjustment mechanism when exchange rate fluctuations exceed 3%
• Specify cross-border payment currencies and SWIFT message requirements

How should breach clauses be set up effectively?

Key points extracted from over 200 handled trade dispute cases:

• Set tiered penalty standards
  • Minor breach: 0.05% daily interest as late fee
  • Material breach: 20% of total contract amount as compensation
• Specify China International Economic and Trade Arbitration Commission as preferred dispute resolution body
• Set theevidence submission deadlinefor force majeure clauses

(recommended not exceeding 7 working days after the incident)

The latest regulatory requirements for 2025 include:

• At the State Administration of Foreign ExchangeDigital Foreign Exchange Management PlatformRegister agency export contracts
• Agreements exceeding $1 million must be filed with the commerce department
• Agreements involving strategic material exports must be concurrently filed with the General Administration of Customs
• It is recommended to complete electronic seal filing within 15 working days after the agreement takes effect

VI. How to prevent legal risks in agency export?

Based on 20 years of practical experience, it is recommended to take the following measures:

• Require agents to providePerformance Bond
• Explicitly prohibit in the agreementBack-to-back transactions
• Establish regular (recommended monthly) reconciliation mechanisms
• Set contract termination right trigger conditions
  • Three consecutive documentation errors
  • OverdueA complete export agency agreement should be attached with:Exceeding 60 days
  • Violation of export control regulations