I.Agency export,What key terms must the agreement specify?

According to the newly implemented "Cross-Border Trade Service Management Measures" in 2025, a valid export agency agreement shall include:

• Scope of Authorization Clause: Clarify the service scope of the agent (customs clearance, tax refund, logistics, etc.)
• Payment settlement mechanismStarting from 2025, foreign exchange settlements must specify the exchange rate locking method.
• Quality responsibility division: The accountability mechanism for returns caused by product quality issues
• Intellectual Property Commitment: Newly added joint liability clause for cross-border e-commerce infringement in 2024
• Dispute resolution clause: It is recommended to choose the China International Economic and Trade Arbitration Commission.

2. How to Avoid the Trap of "Hidden Fees"?

Industry data for 2025 shows that 37% of agency disputes stem from unclear fee agreements. It is recommended to adopt:

• Tiered Pricing Model: Basic service fee + value-added service fee listed separately
• Conditions of exchange rate fluctuation: Cost-sharing plan for fluctuations exceeding ±3%
• Specially noted exempt fees: The party responsible for demurrage charges incurred during customs inspection.

III. How should the clause on ownership of goods be signed?

According to the 2023 Typical Case of the Supreme People's Court (Case No.: Min Zhong Zi No. 189), it is recommended:

• Clearly specify: Whether it is divided by the bill of lading issuance or the warehouse receipt(Before and after shipment)
• Set upRetention of Title Clause: Disposal rights in case of unpaid balance
• AgreedThird-party supervision: It is recommended to adopt a blockchain-based evidence storage solution by 2025.

IV. What new changes should be noted in the verification of agent qualifications?

New regulatory rules to be implemented from 2025 require:

• InspectionCustoms AEO certification level(Requires certification above General)
• confirmedForeign Exchange Income and Expenditure DirectoryStatus (can be checked in real time on the official website of the State Administration of Foreign Exchange)
• verifiedExport tax refundClassification(Applicable to enterprises classified as Category III or above)

V. Does an electronic agreement have legal validity?

According to the latest amendment of the Electronic Signature Law (effective from January 2025):

• Need to useCertified electronic signing platform(For example, the CFCA certification system)
• Key terms need to be set.Secondary confirmation process
• The electronic agreement must includeDigital TimestampandHash value notarization

6. How to effectively collect evidence in case of disputes?

It is recommended to stipulate in the agreement:

• adoptedDual-platform evidence preservation(Enterprise ERP + Third-party Cloud Storage)
• AgreedElectronic data forensicsMethod and Time Efficiency
• Important communications must go throughDesignated emailRetain records